IB 
Union Calendar No. 108 
113TH CONGRESS 
1ST SESSION 
H. R. 5 
[Report No. 113–150, Part I] 
To support State and local accountability for public education, protect State 
and local authority, inform parents of the performance of their children’s 
schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2013 
Mr. KLINE (for himself, Mr. ROKITA, Mr. PETRI, Ms. FOXX, Mr. ROE of Ten-
nessee, Mr. THOMPSON of Pennsylvania, Mr. GUTHRIE, Mr. BUCSHON, 
Mrs. ROBY, Mr. HECK of Nevada, Mrs. BROOKS of Indiana, and Mr. 
MESSER) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Financial Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
JULY 11, 2013 
Additional sponsor: Mr. SALMON 
JULY 11, 2013 
Reported from the Committee on Education and the Workforce with an 
amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 11, 2013 
The Committee on Financial Services discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 6, 2013] 
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A BILL 
To support State and local accountability for public edu-
cation, protect State and local authority, inform parents 
of the performance of their children’s schools, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Success Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 
Subtitle A—In General 
Sec. 101. Title heading. 
Sec. 102. Statement of purpose. 
Sec. 103. Flexibility to use Federal funds. 
Sec. 104. School improvement. 
Sec. 105. Direct student services. 
Sec. 106. State administration. 
Subtitle B—Improving the Academic Achievement of the Disadvantaged 
Sec. 111. Part A headings. 
Sec. 112. State plans. 
Sec. 113. Local educational agency plans. 
Sec. 114. Eligible school attendance areas. 
Sec. 115. Schoolwide programs. 
Sec. 116. Targeted assistance schools. 
Sec. 117. Academic assessment and local educational agency and school improve-
ment; school support and recognition. 
Sec. 118. Parental involvement. 
Sec. 119. Qualifications for teachers and paraprofessionals. 
Sec. 120. Participation of children enrolled in private schools. 
Sec. 121. Fiscal requirements. 
Sec. 122. Coordination requirements. 
Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 
Sec. 124. Allocations to States. 
Sec. 125. Basic grants to local educational agencies. 
Sec. 126. Adequacy of funding of targeted grants to local educational agencies in 
fiscal years after fiscal year 2001. 
Sec. 127. Education finance incentive grant program. 
Sec. 128. Carryover and waiver. 
Subtitle C—Additional Aid to States and School Districts 
Sec. 131. Additional aid. 
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Subtitle D—National Assessment 
Sec. 141. National assessment of title I. 
Subtitle E—Title I General Provisions 
Sec. 151. General provisions for title I. 
TITLE II—TEACHER PREPARATION AND EFFECTIVENESS 
Sec. 201. Teacher preparation and effectiveness. 
Sec. 202. Conforming repeals. 
TITLE III—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 
Sec. 301. Parental engagement and local flexibility. 
TITLE IV—IMPACT AID 
Sec. 401. Purpose. 
Sec. 402. Payments relating to Federal acquisition of real property. 
Sec. 403. Payments for eligible federally connected children. 
Sec. 404. Policies and procedures relating to children residing on Indian lands. 
Sec. 405. Application for payments under sections 8002 and 8003. 
Sec. 406. Construction. 
Sec. 407. Facilities. 
Sec. 408. State consideration of payments providing State aid. 
Sec. 409. Federal administration. 
Sec. 410. Administrative hearings and judicial review. 
Sec. 411. Definitions. 
Sec. 412. Authorization of appropriations. 
Sec. 413. Conforming amendments. 
TITLE V—GENERAL PROVISIONS FOR THE ACT 
Sec. 501. General provisions for the Act. 
Sec. 502. Repeal. 
Sec. 503. Other laws. 
Sec. 504. Amendment to IDEA. 
TITLE VI—REPEAL 
Sec. 601. Repeal of title VI. 
TITLE VII—HOMELESS EDUCATION 
Sec. 701. Statement of policy. 
Sec. 702. Grants for State and local activities for the education of homeless chil-
dren and youths. 
Sec. 703. Local educational agency subgrants for the education of homeless chil-
dren and youths. 
Sec. 704. Secretarial responsibilities. 
Sec. 705. Definitions. 
Sec. 706. Authorization of appropriations. 
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SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms of 
an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or 
other provision of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. TRANSITION. 
Unless otherwise provided in this Act, any person or 
agency that was awarded a grant under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 et 
seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award, except that funds for such award may not con-
tinue more than one year after the date of the enactment 
of this Act. 
SEC. 5. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, this Act, and the amendments made by this Act, 
shall be effective upon the date of enactment of this Act. 
(b) NONCOMPETITIVE PROGRAMS.—With respect to 
noncompetitive programs under which any funds are allot-
ted by the Secretary of Education to recipients on the basis 
of a formula, this Act, and the amendments made by this 
Act, shall take effect on October 1, 2013. 
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(c) COMPETITIVE PROGRAMS.—With respect to pro-
grams that are conducted by the Secretary on a competitive 
basis, this Act, and the amendments made by this Act, shall 
take effect with respect to appropriations for use under those 
programs for fiscal year 2014. 
(d) IMPACT AID.—With respect to title IV of the Act 
(20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
amendments made by this Act, shall take effect with respect 
to appropriations for use under that title for fiscal year 
2014. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
The Act (20 U.S.C. 6301 et seq.) is amended by insert-
ing after section 2 the following: 
‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) TITLE I.— 
‘‘(1) PART A.—There are authorized to be appro-
priated to carry out part A of title I $16,651,767,000 
for each of fiscal years 2014 through 2019. 
‘‘(2) PART B.—There are authorized to be appro-
priated to carry out part B of title I $3,028,000 for 
each of fiscal years 2014 through 2019. 
‘‘(b) TITLE II.—There are authorized to be appro-
priated to carry out title II $2,441,549,000 for each of fiscal 
years 2014 through 2019. 
‘‘(c) TITLE III.— 
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‘‘(1) PART A.— 
‘‘(A) SUBPART 1.—There are authorized to 
be appropriated to carry out subpart 1 of part 
A of title III $300,000,000 for each of fiscal 
years 2014 through 2019. 
‘‘(B) SUBPART 2.—There are authorized to 
be appropriated to carry out subpart 2 of part 
A of title III $91,647,000 for each of fiscal years 
2014 through 2019. 
‘‘(C) SUBPART 3.—There are authorized to 
be appropriated to carry out subpart 3 of part 
A of title III $25,000,000 for each of fiscal years 
2014 through 2019. 
‘‘(2) PART B.—There are authorized to be appro-
priated to carry out part B of title III $2,055,709,000 
for each of fiscal years 2014 through 2019. 
‘‘(d) TITLE IV.— 
‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF 
REAL PROPERTY.—For the purpose of making pay-
ments under section 4002, there are authorized to be 
appropriated $63,445,000 for each of fiscal years 
2014 through 2019. 
‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAVILY 
IMPACTED LOCAL EDUCATIONAL AGENCIES.—For the 
purpose of making payments under section 4003(b), 
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there 
are 
authorized 
to 
be 
appropriated 
$1,093,203,000 for each of fiscal years 2014 through 
2019. 
‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL-
ITIES.—For the purpose of making payments under 
section 4003(d), there are authorized to be appro-
priated $45,881,000 for each of fiscal years 2014 
through 2019. 
‘‘(4) CONSTRUCTION.—For the purpose of car-
rying out section 4007, there are authorized to be ap-
propriated $16,529,000 for each of fiscal years 2014 
through 2019. 
‘‘(5) FACILITIES
MAINTENANCE.—For the pur-
pose of carrying out section 4008, there are author-
ized to be appropriated $4,591,000 for each of fiscal 
years 2014 through 2019.’’. 
TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES 
Subtitle A—In General 
SEC. 101. TITLE HEADING. 
The title heading for title I (20 U.S.C. 6301 et seq.) 
is amended to read as follows: 
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‘‘TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES’’. 
SEC. 102. STATEMENT OF PURPOSE. 
Section 1001 (20 U.S.C. 6301) is amended to read as 
follows: 
‘‘SEC. 1001. STATEMENT OF PURPOSE. 
‘‘The purpose of this title is to provide all children the 
opportunity to graduate high school prepared for postsec-
ondary education or the workforce. This purpose can be ac-
complished by— 
‘‘(1) meeting the educational needs of low-achiev-
ing children in our Nation’s highest-poverty schools, 
English learners, migratory children, children with 
disabilities, Indian children, and neglected or delin-
quent children; 
‘‘(2) closing the achievement gap between high- 
and low-performing children, especially the achieve-
ment gaps between minority and nonminority stu-
dents, and between disadvantaged children and their 
more advantaged peers; 
‘‘(3) affording parents substantial and meaning-
ful opportunities to participate in the education of 
their children; and 
‘‘(4) challenging States and local educational 
agencies to embrace meaningful, evidence-based edu-
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cation reform, while encouraging state and local inno-
vation.’’. 
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 
Section 1002 (20 U.S.C. 6302) is amended to read as 
follows: 
‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 
‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
STATE EDUCATIONAL AGENCIES.— 
‘‘(1) IN
GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a State educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any State activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Section 1004. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(F) Chapter B of subpart 6 of part A of 
title I. 
‘‘(2) NOTIFICATION.—Not later than June 1 of 
each year, a State educational agency shall notify the 
Secretary of the State educational agency’s intention 
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to use the applicable funding for any of the alter-
native uses under paragraph (1). 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out State activities under one or more of 
the following provisions. 
‘‘(i) Section 1003. 
‘‘(ii) Section 1004. 
‘‘(iii) Subpart 2 of part A of title I. 
‘‘(iv) Subpart 3 of part A of title I. 
‘‘(v) Subpart 4 of part A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that State educational agen-
cies are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to 
local educational agencies or other entities 
eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
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‘‘(4) DISBURSEMENT.—The Secretary shall dis-
burse the applicable funding to State educational 
agencies for alternative uses under paragraph (1) for 
a fiscal year at the same time as the Secretary dis-
burses the applicable funding to State educational 
agencies that do not intend to use the applicable 
funding for such alternative uses for the fiscal year. 
‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN
GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a local educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any local activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Subpart 1 of part A of title I. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(F) Subpart 6 of part A of title I. 
‘‘(2) NOTIFICATION.—A local educational agency 
shall notify the State educational agency of the local 
educational agency’s intention to use the applicable 
funding for any of the alternative uses under para-
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graph (1) by a date that is established by the State 
educational agency for the notification. 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out local activities under one or more of 
the following provisions: 
‘‘(i) Subpart 2 of part A of title I. 
‘‘(ii) Subpart 3 of part A of title I. 
‘‘(iii) Subpart 4 of part A of title I. 
‘‘(iv) Chapter A of subpart 6 of part A 
of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that local educational agencies 
are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to en-
tities eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
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‘‘(4) DISBURSEMENT.—Each State educational 
agency that receives applicable funding for a fiscal 
year shall disburse the applicable funding to local 
educational agencies for alternative uses under para-
graph (1) for the fiscal year at the same time as the 
State educational agency disburses the applicable 
funding to local educational agencies that do not in-
tend to use the applicable funding for such alternative 
uses for the fiscal year. 
‘‘(c) RULE
FOR ADMINISTRATIVE COSTS.—A State 
educational agency or a local educational agency shall only 
use applicable funding (as defined in subsection (a)(3) or 
(b)(3), respectively) for administrative costs incurred in 
carrying out a provision listed in subsection (a)(1) or 
(b)(1), respectively, to the extent that the agency, in the ab-
sence of this section, could have used funds for administra-
tive costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to relieve a State educational agency 
or local educational agency of any requirements relating 
to— 
‘‘(1) use of Federal funds to supplement, not sup-
plant, non-Federal funds; 
‘‘(2) comparability of services; 
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‘‘(3) equitable participation of private school stu-
dents and teachers; 
‘‘(4) applicable civil rights requirements; 
‘‘(5) section 1113; or 
‘‘(6) section 1111.’’. 
SEC. 104. SCHOOL IMPROVEMENT. 
Section 1003 (20 U.S.C. 6303) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2 percent’’ and inserting 
‘‘7 percent’’; and 
(B) by striking ‘‘subpart 2 of part A’’ and 
all that follows through ‘‘sections 1116 and 
1117,’’ and inserting ‘‘chapter B of subpart 1 of 
part A for each fiscal year to carry out sub-
section (b),’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘for 
schools identified for school improvement, correc-
tive action, and restructuring, for activities 
under section 1116(b)’’ and inserting ‘‘to carry 
out the State’s system of school improvement 
under section 1111(b)(3)(B)(iii)’’; and 
(B) in paragraph (2), by striking ‘‘or edu-
cational service agencies’’ and inserting ‘‘, edu-
cational service agencies, or non-profit or for- 
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profit external providers with expertise in using 
evidence-based or other effective strategies to im-
prove student achievement’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking ‘‘need for 
such funds; and’’ and inserting ‘‘commitment to 
using such funds to improve such schools.’’; and 
(C) by striking paragraph (3); 
(4) in subsection (d)(1), by striking ‘‘subpart 2 
of part A;’’ and inserting ‘‘chapter B of subpart 1 of 
part A;’’; 
(5) in subsection (e)— 
(A) by striking ‘‘in any fiscal year’’ and in-
serting ‘‘in fiscal year 2015 and each subsequent 
fiscal year’’; 
(B) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B of subpart 1 of part A’’; and 
(C) by striking ‘‘such subpart’’ and insert-
ing ‘‘such chapter’’; 
(6) in subsection (f), by striking ‘‘and the per-
centage of students from each school from families 
with incomes below the poverty line’’; and 
(7) by striking subsection (g). 
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SEC. 105. DIRECT STUDENT SERVICES. 
The Act (20 U.S.C. 6301 et seq.) is amended by insert-
ing after section 1003 the following: 
‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 
‘‘(a) STATE RESERVATION.—Each State shall reserve 
3 percent of the amount the State receives under chapter 
B of subpart 1 of part A for each fiscal year to carry out 
this section. Of such reserved funds, the State educational 
agency may use up to 1 percent to administer direct student 
services. 
‘‘(b) DIRECT STUDENT SERVICES.—From the amount 
available after the application of subsection (a), each State 
shall award grants in accordance with this section to local 
educational agencies to support direct student services. 
‘‘(c) AWARDS.—The State educational agency shall 
award grants to geographically diverse local educational 
agencies including suburban, rural, and urban local edu-
cational agencies. If there are not enough funds to award 
all applicants in a sufficient size and scope to run an effec-
tive direct student services program, the State shall 
prioritize awards to local educational agencies with the 
greatest number of low-performing schools. 
‘‘(d) LOCAL USE
OF FUNDS.—A local educational 
agency receiving an award under this section— 
‘‘(1) shall use up to 1 percent of each award for 
outreach and communication to parents about their 
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options and to register students for direct student 
services; 
‘‘(2) may use not more than 2 percent of each 
award for administrative costs related to direct stu-
dent services; and 
‘‘(3) shall use the remainder of the award to pay 
the transportation required to provide public school 
choice or the hourly rate for high-quality academic 
tutoring services, as determined by a provider on the 
State-approved list required under subsection (f)(2). 
‘‘(e) APPLICATION.—A local educational agency desir-
ing to receive an award under subsection (b) shall submit 
an application describing how the local educational agency 
will— 
‘‘(1) provide adequate outreach to ensure parents 
can exercise a meaningful choice of direct student 
services for their child’s education; 
‘‘(2) ensure parents have adequate time and in-
formation to make a meaningful choice prior to en-
rolling their child in a direct student service; 
‘‘(3) ensure sufficient availability of seats in the 
public schools the local educational agency will make 
available for public school choice options; 
‘‘(4) determine the requirements or criteria for 
student eligibility for direct student services; 
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‘‘(5) select a variety of providers of high-quality 
academic tutoring from the State-approved list re-
quired under subsection (f)(2) and ensure fair nego-
tiations in selecting such providers of high-quality 
academic tutoring, including online, on campus, and 
other models of tutoring which provide meaningful 
choices to parents to find the best service for their 
child; and 
‘‘(6) develop an estimated per pupil expenditure 
available for eligible students to use toward high-qual-
ity academic tutoring which shall allow for an ade-
quate level of services to increase academic achieve-
ment from a variety of high-quality academic tutor-
ing providers. 
‘‘(f) PROVIDERS AND SCHOOLS.—The State— 
‘‘(1) shall ensure that each local educational 
agency receiving an award to provide public school 
choice can provide a sufficient number of options to 
provide a meaningful choice for parents; 
‘‘(2) shall compile a list of State-approved high- 
quality academic tutoring providers that includes on-
line, on campus, and other models of tutoring; and 
‘‘(3) shall ensure that each local educational 
agency receiving an award will provide an adequate 
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number of high-quality academic tutoring options to 
ensure parents have a meaningful choice of services.’’. 
SEC. 106. STATE ADMINISTRATION. 
Section 1004 (20 U.S.C. 6304) is amended to read as 
follows: 
‘‘SEC. 1004. STATE ADMINISTRATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), to carry out administrative duties assigned under sub-
parts 1, 2, and 3 of part A of this title, each State may 
reserve the greater of— 
‘‘(1) 1 percent of the amounts received under 
such subparts; or 
‘‘(2) $400,000 ($50,000 in the case of each out-
lying area). 
‘‘(b) EXCEPTION.—If the sum of the amounts reserved 
under subparts 1, 2, and 3 of part A of this title is equal 
to or greater than $14,000,000,000, then the reservation de-
scribed in subsection (a)(1) shall not exceed 1 percent of 
the amount the State would receive if $14,000,000,000 were 
allocated among the States for subparts 1, 2, and 3 of part 
A of this title.’’. 
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Subtitle 
B—Improving 
the 
Aca-
demic Achievement of the Dis-
advantaged 
SEC. 111. PART A HEADINGS. 
(a) PART HEADING.—The part heading for part A of 
title I (20 U.S.C. 6311 et seq.) is amended to read as fol-
lows: 
‘‘PART A—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVANTAGED’’. 
(b) SUBPART 1 HEADING.—The Act is amended by 
striking the subpart heading for subpart 1 of part A of title 
I (20 U.S.C. 6311 et seq.) and inserting the following: 
‘‘Subpart 1—Improving Basic Programs Operated by 
Local Educational Agencies 
‘‘CHAPTER A—BASIC PROGRAM 
REQUIREMENTS’’. 
(c) SUBPART 2 HEADING.—The Act is amended by 
striking the subpart heading for subpart 2 of part A of title 
I (20 U.S.C. 6331 et seq.) and inserting the following: 
‘‘CHAPTER B—ALLOCATIONS’’. 
SEC. 112. STATE PLANS. 
Section 1111 (20 U.S.C. 6311) is amended to read as 
follows: 
‘‘SEC. 1111. STATE PLANS. 
‘‘(a) PLANS REQUIRED.— 
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‘‘(1) IN GENERAL.—For any State desiring to re-
ceive a grant under this subpart, the State edu-
cational agency shall submit to the Secretary a plan, 
developed by the State educational agency, in con-
sultation with local educational agencies, teachers, 
school leaders, public charter school representatives, 
specialized instructional support personnel, other ap-
propriate school personnel, and parents, that satisfies 
the requirements of this section and that is coordi-
nated with other programs under this Act, the Indi-
viduals with Disabilities Education Act, the Carl D. 
Perkins Career and Technical Education Act of 2006, 
the Head Start Act, the Adult Education and Family 
Literacy Act, and the McKinney-Vento Homeless As-
sistance Act. 
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as 
part of a consolidated plan under section 5302. 
‘‘(b) ACADEMIC
STANDARDS, ACADEMIC
ASSESS-
MENTS, AND STATE ACCOUNTABILITY.— 
‘‘(1) ACADEMIC STANDARDS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has adopted academic 
content standards and academic achievement 
standards aligned with such content standards 
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that comply with the requirements of this para-
graph. 
‘‘(B) SUBJECTS.—The State shall have such 
academic standards for mathematics, reading or 
language arts, and science, and may have such 
standards for any other subject determined by 
the State. 
‘‘(C) REQUIREMENTS.—The standards de-
scribed in subparagraph (A) shall— 
‘‘(i) apply to all public schools and 
public school students in the State; and 
‘‘(ii) with respect to academic achieve-
ment standards, include the same knowl-
edge, skills, and levels of achievement ex-
pected of all public school students in the 
State. 
‘‘(D) ALTERNATE ACADEMIC ACHIEVEMENT 
STANDARDS.—Notwithstanding any other provi-
sion of this paragraph, a State may, through a 
documented 
and 
validated 
standards-setting 
process, adopt alternate academic achievement 
standards for students with the most significant 
cognitive disabilities, if— 
‘‘(i) the determination about whether 
the achievement of an individual student 
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should be measured against such standards 
is made separately for each student; and 
‘‘(ii) such standards— 
‘‘(I) are aligned with the State 
academic standards required under 
subparagraph (A); 
‘‘(II) promote access to the general 
curriculum; and 
‘‘(III) reflect professional judg-
ment as to the highest possible stand-
ards achievable by such students. 
‘‘(E) ENGLISH
LANGUAGE
PROFICIENCY 
STANDARDS.—Each State plan shall describe 
how the State educational agency will establish 
English language proficiency standards that 
are— 
‘‘(i) derived from the four recognized 
domains of speaking, listening, reading, and 
writing; and 
‘‘(ii) aligned with the State’s academic 
content standards in reading or language 
arts under subparagraph (A). 
‘‘(2) ACADEMIC ASSESSMENTS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State educational agency, 
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in consultation with local educational agencies, 
has implemented a set of high-quality student 
academic assessments in mathematics, reading 
or language arts, and science. At the State’s dis-
cretion, the State plan may also demonstrate 
that the State has implemented such assessments 
in any other subject chosen by the State. 
‘‘(B) REQUIREMENTS.—Such assessments 
shall— 
‘‘(i) in the case of mathematics and 
reading or language arts, be used in deter-
mining the performance of each local edu-
cational agency and public school in the 
State in accordance with the State’s ac-
countability system under paragraph (3); 
‘‘(ii) be the same academic assessments 
used to measure the academic achievement 
of all public school students in the State; 
‘‘(iii) be aligned with the State’s aca-
demic standards and provide coherent and 
timely information about student attain-
ment of such standards; 
‘‘(iv) be used for purposes for which 
such assessments are valid and reliable, be 
of adequate technical quality for each pur-
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pose required under this Act, and be con-
sistent with relevant, nationally recognized 
professional and technical standards; 
‘‘(v)(I) in the case of mathematics and 
reading or language arts, be administered 
in each of grades 3 through 8 and at least 
once in grades 9 through 12; 
‘‘(II) in the case of science, be adminis-
tered not less than one time during— 
‘‘(aa) grades 3 through 5; 
‘‘(bb) grades 6 through 9; and 
‘‘(cc) grades 10 through 12; and 
‘‘(III) in the case of any other subject 
chosen by the State, be administered at the 
discretion of the State; 
‘‘(vi) measure individual student aca-
demic proficiency and growth; 
‘‘(vii) at the State’s discretion— 
‘‘(I) be administered through a 
single annual summative assessment; 
or 
‘‘(II) be administered through 
multiple assessments during the course 
of the academic year that result in a 
single summative score that provides 
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valid, reliable, and transparent infor-
mation on student achievement; 
‘‘(viii) include measures that assess 
higher-order thinking skills and under-
standing; 
‘‘(ix) provide for— 
‘‘(I) the participation in such as-
sessments of all students; 
‘‘(II) the reasonable adaptations 
and accommodations for students with 
disabilities necessary to measure the 
academic achievement of such students 
relative to the State’s academic stand-
ards; and 
‘‘(III) the inclusion of English 
learners, who shall be assessed in a 
valid and reliable manner and pro-
vided reasonable accommodations, in-
cluding, to the extent practicable, as-
sessments in the language and form 
most likely to yield accurate and reli-
able information on what such students 
know and can do in academic content 
areas, 
until 
such 
students 
have 
achieved English language proficiency, 
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as assessed by the State under sub-
paragraph (D); 
‘‘(x) notwithstanding clause (ix)(III), 
provide for the assessment of reading or lan-
guage arts in English for English learners 
who have attended school in the United 
States (not including Puerto Rico) for 3 or 
more consecutive school years, except that a 
local educational agency may, on a case-by- 
case basis, provide for the assessment of 
reading or language arts for each such stu-
dent in a language other than English for 
a period not to exceed 2 additional consecu-
tive years if the assessment would be more 
likely to yield accurate and reliable infor-
mation on what such student knows and 
can do, provided that such student has not 
yet reached a level of English language pro-
ficiency sufficient to yield valid and reliable 
information on what such student knows 
and can do on reading or language arts as-
sessments written in English; 
‘‘(xi) produce individual student inter-
pretive, descriptive, and diagnostic reports 
regarding achievement on such assessments 
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that allow parents, teachers, and school 
leaders to understand and address the spe-
cific academic needs of students, and that 
are provided to parents, teachers, and school 
leaders, as soon as is practicable after the 
assessment is given, in an understandable 
and uniform format, and to the extent prac-
ticable, in a language that parents can un-
derstand; 
‘‘(xii) enable results to be disaggregated 
within each State, local educational agency, 
and school by gender, by each major racial 
and ethnic group, by English language pro-
ficiency status, by migrant status, by status 
as a student with a disability, and by eco-
nomically disadvantaged status, except that, 
in the case of a local educational agency or 
a school, such disaggregation shall not be re-
quired in a case in which the number of 
students in a category is insufficient to 
yield statistically reliable information or 
the results would reveal personally identifi-
able information about an individual stu-
dent; and 
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‘‘(xiii) be administered to not less than 
95 percent of all students, and not less than 
95 percent of each subgroup of students de-
scribed in paragraph (3)(B)(ii)(II). 
‘‘(C) ALTERNATE ASSESSMENTS.—A State 
may provide for alternate assessments aligned 
with the alternate academic standards adopted 
in accordance with paragraph (1)(D), for stu-
dents with the most significant cognitive disabil-
ities, if the State— 
‘‘(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program 
teams (as defined in section 614(d)(1)(B) of 
the Individuals with Disabilities Education 
Act) to apply when determining when a 
child’s significant cognitive disability justi-
fies assessment based on alternate achieve-
ment standards; 
‘‘(ii) ensures that the parents of such 
students are informed that— 
‘‘(I) 
their 
child’s 
academic 
achievement will be measured against 
such alternate standards; and 
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‘‘(II) whether participation in 
such assessments precludes the student 
from completing the requirements for a 
regular high school diploma; 
‘‘(iii) demonstrates that such students 
are, to the extent practicable, included in 
the general curriculum and that such alter-
nate assessments are aligned with such cur-
riculum; 
‘‘(iv) develops, disseminates informa-
tion about, and promotes the use of appro-
priate accommodations to increase the num-
ber of students with disabilities who are 
tested against academic achievement stand-
ards for the grade in which a student is en-
rolled; and 
‘‘(v) ensures that regular and special 
education teachers and other appropriate 
staff know how to administer the alternate 
assessments, including making appropriate 
use of accommodations for students with 
disabilities. 
‘‘(D) ASSESSMENTS OF ENGLISH LANGUAGE 
PROFICIENCY.— 
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‘‘(i) IN
GENERAL.—Each State plan 
shall demonstrate that local educational 
agencies in the State will provide for an an-
nual assessment of English proficiency of 
all English learners in the schools served by 
the State educational agency. 
‘‘(ii) 
ALIGNMENT.—The 
assessments 
described in clause (i) shall be aligned with 
the State’s English language proficiency 
standards described in paragraph (1)(E). 
‘‘(E) 
LANGUAGE
ASSESSMENTS.—Each 
State plan shall identify the languages other 
than English that are present in the partici-
pating student population and indicate the lan-
guages for which yearly student academic assess-
ments are not available and are needed. The 
State shall make every effort to develop such as-
sessments and may request assistance from the 
Secretary if linguistically accessible academic as-
sessment measures are needed. Upon request, the 
Secretary shall assist with the identification of 
appropriate academic assessment measures in 
the needed languages, but shall not mandate a 
specific academic assessment or mode of instruc-
tion. 
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‘‘(F) ADAPTIVE
ASSESSMENTS.—A State 
may develop and administer computer adaptive 
assessments as the assessments required under 
subparagraph (A). If a State develops and ad-
ministers a computer adaptive assessment for 
such purposes, the assessment shall meet the re-
quirements of this paragraph, except as follows: 
‘‘(i) 
Notwithstanding 
subparagraph 
(B)(iii), the assessment— 
‘‘(I) shall measure, at a min-
imum, each student’s academic pro-
ficiency against the State’s academic 
standards for the student’s grade level 
and growth toward such standards; 
and 
‘‘(II) if the State chooses, may be 
used to measure the student’s level of 
academic proficiency and growth using 
assessment items above or below the 
student’s grade level, including for use 
as part of a State’s accountability sys-
tem under paragraph (3). 
‘‘(ii) Subparagraph (B)(ii) shall not be 
interpreted to require that all students tak-
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ing the computer adaptive assessment be ad-
ministered the same assessment items. 
‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a single, statewide accountability 
system to ensure that all public school students 
graduate from high school prepared for postsec-
ondary education or the workforce without the 
need for remediation. 
‘‘(B) ELEMENTS.—Each State account-
ability system described in subparagraph (A) 
shall at a minimum— 
‘‘(i) annually measure the academic 
achievement of all public school students in 
the State against the State’s mathematics 
and reading or language arts academic 
standards adopted under paragraph (1), 
which may include measures of student 
growth toward such standards, using the 
mathematics and reading or language arts 
assessments described in paragraph (2)(B) 
and other valid and reliable academic indi-
cators related to student achievement as 
identified by the State; 
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‘‘(ii) annually evaluate and identify 
the academic performance of each public 
school in the State based on— 
‘‘(I) student academic achieve-
ment as measured in accordance with 
clause (i); and 
‘‘(II) the overall performance, and 
achievement gaps as compared to all 
students in the school, for economically 
disadvantaged students, students from 
major racial and ethnic groups, stu-
dents with disabilities, and English 
learners, except that disaggregation of 
data under this subclause shall not be 
required in a case in which the number 
of students in a category is insufficient 
to yield statistically reliable informa-
tion or the results would reveal person-
ally identifiable information about an 
individual student; and 
‘‘(iii) include a system for school im-
provement for low-performing public schools 
receiving funds under this subpart that— 
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‘‘(I) implements interventions in 
such schools that are designed to ad-
dress such schools’ weaknesses; and 
‘‘(II) is implemented by local edu-
cational agencies serving such schools. 
‘‘(C) PROHIBITION.—Nothing in this section 
shall be construed to permit the Secretary to es-
tablish any criteria that specifies, defines, or 
prescribes any aspect of a State’s accountability 
system developed and implemented in accordance 
with this paragraph. 
‘‘(D) 
ACCOUNTABILITY
FOR
CHARTER 
SCHOOLS.—The accountability provisions under 
this Act shall be overseen for charter schools in 
accordance with State charter school law. 
‘‘(4) REQUIREMENTS.—Each State plan shall de-
scribe— 
‘‘(A) how the State educational agency will 
assist each local educational agency and each 
public school affected by the State plan to com-
ply with the requirements of this subpart, in-
cluding how the State educational agency will 
work with local educational agencies to provide 
technical assistance; and 
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‘‘(B) how the State educational agency will 
ensure that the results of the State assessments 
described in paragraph (2), the other indicators 
selected by the State under paragraph (3)(B)(i), 
and the school evaluations described in para-
graph (3)(B)(ii), will be promptly provided to 
local educational agencies, schools, teachers, and 
parents in a manner that is clear and easy to 
understand, but not later than before the begin-
ning of the school year following the school year 
in which such assessments, other indicators, or 
evaluations are taken or completed. 
‘‘(5) TIMELINE
FOR
IMPLEMENTATION.—Each 
State plan shall describe the process by which the 
State will adopt and implement the State academic 
standards, assessments, and accountability system re-
quired under this section within 2 years of enactment 
of the Student Success Act. 
‘‘(6) EXISTING
STANDARDS.—Nothing in this 
subpart shall prohibit a State from revising, con-
sistent with this section, any standard adopted under 
this section before or after the date of enactment of the 
Student Success Act. 
‘‘(7) EXISTING STATE LAW.—Nothing in this sec-
tion shall be construed to alter any State law or regu-
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lation granting parents authority over schools that re-
peatedly failed to make adequate yearly progress 
under this section, as in effect on the day before the 
date of the enactment of the Student Success Act. 
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND 
LEARNING.—Each State plan shall contain assurances 
that— 
‘‘(1) the State will notify local educational agen-
cies, schools, teachers, parents, and the public of the 
academic standards, academic assessments, and State 
accountability system developed and implemented 
under this section; 
‘‘(2) the State will participate in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Educational 
Progress Authorization Act if the Secretary pays the 
costs of administering such assessments; 
‘‘(3) the State educational agency will notify 
local educational agencies and the public of the au-
thority to operate schoolwide programs; 
‘‘(4) the State educational agency will provide 
the least restrictive and burdensome regulations for 
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local educational agencies and individual schools par-
ticipating in a program assisted under this subpart; 
‘‘(5) the State educational agency will encourage 
schools to consolidate funds from other Federal, State, 
and local sources for schoolwide reform in schoolwide 
programs under section 1114; 
‘‘(6) the State educational agency will modify or 
eliminate State fiscal and accounting barriers so that 
schools can easily consolidate funds from other Fed-
eral, State, and local sources for schoolwide programs 
under section 1114; and 
‘‘(7) the State educational agency will inform 
local educational agencies in the State of the local 
educational agency’s authority to transfer funds 
under section 1002 and to obtain waivers under sec-
tion 5401. 
‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall 
describe how the State educational agency will support the 
collection and dissemination to local educational agencies 
and schools of effective parental involvement practices. Such 
practices shall— 
‘‘(1) be based on the most current research that 
meets the highest professional and technical standards 
on effective parental involvement that fosters achieve-
ment to high standards for all children; 
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‘‘(2) be geared toward lowering barriers to great-
er participation by parents in school planning, re-
view, and improvement; and 
‘‘(3) be coordinated with programs funded under 
subpart 3 of part A of title III. 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding section 
5543, the Secretary shall— 
‘‘(A) establish a peer-review process to assist 
in the review of State plans; and 
‘‘(B) appoint individuals to the peer-review 
process who are representative of parents, teach-
ers, State educational agencies, and local edu-
cational agencies, and who are familiar with 
educational standards, assessments, account-
ability, the needs of low-performing schools, and 
other educational needs of students, and ensure 
that 75 percent of such appointees are practi-
tioners. 
‘‘(2) APPROVAL.—The Secretary shall— 
‘‘(A) approve a State plan within 120 days 
of its submission; 
‘‘(B) disapprove of the State plan only if 
the Secretary demonstrates how the State plan 
fails to meet the requirements of this section and 
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immediately notifies the State of such determina-
tion and the reasons for such determination; 
‘‘(C) not decline to approve a State’s plan 
before— 
‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the require-
ments of this section; and 
‘‘(iii) providing a hearing; and 
‘‘(D) have the authority to disapprove a 
State plan for not meeting the requirements of 
this subpart, but shall not have the authority to 
require a State, as a condition of approval of the 
State plan, to include in, or delete from, such 
plan one or more specific elements of the State’s 
academic standards or State accountability sys-
tem, or to use specific academic assessments or 
other indicators. 
‘‘(3) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if it is nec-
essary to satisfy the requirements of this section. 
‘‘(4) PUBLIC
REVIEW.—All communications, 
feedback, and notifications under this subsection shall 
be conducted in a manner that is immediately made 
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available to the public through the website of the De-
partment, including— 
‘‘(A) peer review guidance; 
‘‘(B) the names of the peer reviewers; 
‘‘(C) State plans submitted or resubmitted 
by a State, including the current approved 
plans; 
‘‘(D) peer review notes; 
‘‘(E) State plan determinations by the Sec-
retary, including approvals or disapprovals, and 
any deviations from the peer reviewers’ rec-
ommendations with an explanation of the devi-
ation; and 
‘‘(F) hearings. 
‘‘(5) PROHIBITION.—The Secretary, and the Sec-
retary’s staff, may not attempt to participate in, or 
influence, the peer review process. No Federal em-
ployee may participate in, or attempt to influence the 
peer review process, except to respond to questions of 
a technical nature, which shall be publicly reported. 
‘‘(f) DURATION OF THE PLAN.— 
‘‘(1) IN GENERAL.—Each State plan shall— 
‘‘(A) remain in effect for the duration of the 
State’s participation under this subpart; and 
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‘‘(B) be periodically reviewed and revised as 
necessary by the State educational agency to re-
flect changes in the State’s strategies and pro-
grams under this subpart. 
‘‘(2) ADDITIONAL
INFORMATION.—If a State 
makes significant changes to its State plan, such as 
the adoption of new State academic standards or new 
academic assessments, or adopts a new State account-
ability system, such information shall be submitted to 
the Secretary under subsection (e)(2) for approval. 
‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a State 
fails to meet any of the requirements of this section then 
the Secretary shall withhold funds for State administration 
under this subpart until the Secretary determines that the 
State has fulfilled those requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this subpart shall prepare and 
disseminate an annual State report card. Such 
dissemination shall include, at a minimum, pub-
licly posting the report card on the home page of 
the State educational agency’s website. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
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‘‘(i) concise; and 
‘‘(ii) presented in an understandable 
and uniform format that is developed in 
consultation with parents and, to the extent 
practicable, provided in a language that 
parents can understand. 
‘‘(C) REQUIRED INFORMATION.—The State 
shall include in its annual State report card in-
formation on— 
‘‘(i) the performance of students, in the 
aggregate and disaggregated by the cat-
egories of students described in subsection 
(b)(2)(B)(xii) 
(except 
that 
such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would re-
veal personally identifiable information 
about an individual student), on the State 
academic assessments described in sub-
section (b)(2); 
‘‘(ii) the participation rate on such as-
sessments, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause (i); 
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‘‘(iii) the performance of students, in 
the aggregate and disaggregated in accord-
ance with clause (i), on other academic in-
dicators described in subsection (b)(3)(B)(i); 
‘‘(iv) for each public high school in the 
State, in the aggregate and disaggregated in 
accordance with clause (i)— 
‘‘(I) the four-year adjusted cohort 
graduation rate, and 
‘‘(II) if applicable, the extended- 
year adjusted cohort graduation rate, 
reported separately for students grad-
uating in 5 years or less, students 
graduating in 6 years or less, and stu-
dents graduating in 7 or more years; 
‘‘(v) each public school’s evaluation re-
sults as determined in accordance with sub-
section (b)(3)(B)(ii); 
‘‘(vi) the acquisition of English pro-
ficiency by English learners; 
‘‘(vii) the number and percentage of 
teachers in each category established under 
clause (iii) of section 2123(1)(A), except 
that such information shall not reveal per-
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sonally identifiable information about an 
individual teacher; and 
‘‘(viii) the results of the assessments de-
scribed in subsection (c)(2). 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding the 
progress of each of the State’s public elementary 
schools and public secondary schools. 
‘‘(2) ANNUAL LOCAL EDUCATIONAL AGENCY RE-
PORT CARDS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that receives assistance under this sub-
part shall prepare and disseminate an annual 
local educational agency report card. 
‘‘(B) MINIMUM REQUIREMENTS.—The State 
educational agency shall ensure that each local 
educational agency collects appropriate data and 
includes in the local educational agency’s annual 
report the information described in paragraph 
(1)(C) as applied to the local educational agency 
and each school served by the local educational 
agency, and— 
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‘‘(i) in the case of a local educational 
agency, information that shows how stu-
dents served by the local educational agency 
achieved on the statewide academic assess-
ment and other academic indicators adopt-
ed 
in 
accordance 
with 
subsection 
(b)(3)(B)(i) compared to students in the 
State as a whole; and 
‘‘(ii) in the case of a school, the school’s 
evaluation under subsection (b)(3)(B)(ii). 
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such informa-
tion is included in the annual State report card. 
‘‘(D) DATA.—A local educational agency or 
school shall only include in its annual local edu-
cational agency report card data that are suffi-
cient to yield statistically reliable information, 
as determined by the State, and that do not re-
veal personally identifiable information about an 
individual student. 
‘‘(E) PUBLIC
DISSEMINATION.—The local 
educational agency shall publicly disseminate the 
information described in this paragraph to all 
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schools served by the local educational agency 
and to all parents of students attending those 
schools in an understandable and uniform for-
mat, and, to the extent practicable, in a lan-
guage that parents can understand, and make 
the information widely available through public 
means, such as posting on the Internet, distribu-
tion to the media, and distribution through pub-
lic agencies, except that if a local educational 
agency issues a report card for all students, the 
local educational agency may include the infor-
mation under this section as part of such report. 
‘‘(3) PREEXISTING
REPORT
CARDS.—A State 
educational agency or local educational agency may 
use public report cards on the performance of stu-
dents, schools, local educational agencies, or the State, 
that were in effect prior to the enactment of the Stu-
dent Success Act for the purpose of this subsection, so 
long as any such report card is modified, as may be 
needed, to contain the information required by this 
subsection. 
‘‘(4) PARENTS RIGHT-TO-KNOW.— 
‘‘(A) ACHIEVEMENT INFORMATION.—At the 
beginning of each school year, a school that re-
ceives funds under this subpart shall provide to 
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each individual parent information on the level 
of achievement of the parent’s child in each of 
the State academic assessments and other aca-
demic indicators adopted in accordance with this 
subpart. 
‘‘(B) FORMAT.—The notice and information 
provided to parents under this paragraph shall 
be in an understandable and uniform format 
and, to the extent practicable, provided in a lan-
guage that the parents can understand. 
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that 
protects the privacy of individuals consistent with section 
444 of the General Education Provisions Act. 
‘‘(j) VOLUNTARY PARTNERSHIPS.—A State may enter 
into a voluntary partnership with another State to develop 
and implement the academic standards and assessments re-
quired under this section, except that the Secretary shall 
not, either directly or indirectly, attempt to influence, 
incentivize, or coerce State— 
‘‘(1) adoption of the Common Core State Stand-
ards developed under the Common Core State Stand-
ards Initiative, any other academic standards com-
mon to a significant number of States, or assessments 
tied to such standards; or 
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‘‘(2) participation in any such partnerships. 
‘‘(k) CONSTRUCTION.—Nothing in this part shall be 
construed to prescribe the use of the academic assessments 
described in this part for student promotion or graduation 
purposes. 
‘‘(l) SPECIAL RULE WITH RESPECT
TO BUREAU- 
FUNDED SCHOOLS.—In determining the assessments to be 
used by each school operated or funded by the Bureau of 
Indian Education receiving funds under this subpart, the 
following shall apply: 
‘‘(1) Each such school that is accredited by the 
State in which it is operating shall use the assess-
ments and other academic indicators the State has 
developed and implemented to meet the requirements 
of this section, or such other appropriate assessment 
and academic indicators as approved by the Sec-
retary of the Interior. 
‘‘(2) Each such school that is accredited by a re-
gional accrediting organization shall adopt an appro-
priate assessment and other academic indicators, in 
consultation with and with the approval of, the Sec-
retary of the Interior and consistent with assessments 
and academic indicators adopted by other schools in 
the same State or region, that meet the requirements 
of this section. 
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‘‘(3) Each such school that is accredited by a 
tribal accrediting agency or tribal division of edu-
cation shall use an assessment and other academic in-
dicators developed by such agency or division, except 
that the Secretary of the Interior shall ensure that 
such assessment and academic indicators meet the re-
quirements of this section.’’. 
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read as 
follows: 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this subpart for any 
fiscal year only if such agency has on file with the 
State educational agency a plan, approved by the 
State educational agency, that is coordinated with 
other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, the 
McKinney-Vento Homeless Assistance Act, and other 
Acts, as appropriate. 
‘‘(2) CONSOLIDATED
APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 5305. 
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‘‘(b) PLAN PROVISIONS.—Each local educational agen-
cy plan shall describe— 
‘‘(1) how the local educational agency will mon-
itor, in addition to the State assessments described in 
section 1111(b)(2), students’ progress in meeting the 
State’s academic standards; 
‘‘(2) how the local educational agency will iden-
tify quickly and effectively those students who may be 
at risk of failing to meet the State’s academic stand-
ards; 
‘‘(3) how the local educational agency will pro-
vide additional educational assistance to individual 
students in need of additional help in meeting the 
State’s academic standards; 
‘‘(4) how the local educational agency will im-
plement the school improvement system described in 
section 1111(b)(3)(B)(iii) for any of the agency’s 
schools identified under such section; 
‘‘(5) how the local educational agency will co-
ordinate programs under this subpart with other pro-
grams under this Act and other Acts, as appropriate; 
‘‘(6) the poverty criteria that will be used to se-
lect school attendance areas under section 1113; 
‘‘(7) how teachers, in consultation with parents, 
administrators, and specialized instructional support 
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personnel, in targeted assistance schools under section 
1115, will identify the eligible children most in need 
of services under this subpart; 
‘‘(8) in general, the nature of the programs to be 
conducted by the local educational agency’s schools 
under sections 1114 and 1115, and, where appro-
priate, educational services outside such schools for 
children living in local institutions for neglected and 
delinquent children, and for neglected and delinquent 
children in community day school programs; 
‘‘(9) how the local educational agency will ensure 
that migratory children who are eligible to receive 
services under this subpart are selected to receive such 
services on the same basis as other children who are 
selected to receive services under this subpart; 
‘‘(10) the services the local educational agency 
will provide homeless children, including services pro-
vided 
with 
funds 
reserved 
under 
section 
1113(c)(3)(A); 
‘‘(11) the strategy the local educational agency 
will use to implement effective parental involvement 
under section 1118; 
‘‘(12) if appropriate, how the local educational 
agency will use funds under this subpart to support 
preschool programs for children, particularly children 
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participating in a Head Start program, which serv-
ices may be provided directly by the local educational 
agency or through a subcontract with the local Head 
Start agency designated by the Secretary of Health 
and Human Services under section 641 of the Head 
Start Act, or another comparable early childhood de-
velopment program; 
‘‘(13) how the local educational agency, through 
incentives for voluntary transfers, the provision of 
professional development, recruitment programs, in-
centive pay, performance pay, or other effective strate-
gies, will address disparities in the rates of low-in-
come and minority students and other students being 
taught by ineffective teachers; 
‘‘(14) if appropriate, how the local educational 
agency will use funds under this subpart to support 
programs that coordinate and integrate— 
‘‘(A) career and technical education aligned 
with State technical standards that promote 
skills attainment important to in-demand occu-
pations or industries in the State and the State’s 
academic standards under section 1111(b)(1); 
and 
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‘‘(B) work-based learning opportunities that 
provide students in-depth interaction with in-
dustry professionals; and 
‘‘(15) if appropriate, how the local educational 
agency will use funds under this subpart to support 
dual enrollment programs and early college high 
schools. 
‘‘(c) ASSURANCES.—Each local educational agency 
plan shall provide assurances that the local educational 
agency will— 
‘‘(1) participate, if selected, in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Educational 
Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from Fed-
eral, State, and local sources; 
‘‘(3) provide technical assistance to schoolwide 
programs; 
‘‘(4) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
cordance with section 1120, and timely and meaning-
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ful consultation with private school officials or rep-
resentatives regarding such services; 
‘‘(5) in the case of a local educational agency 
that chooses to use funds under this subpart to pro-
vide early childhood development services to low-in-
come children below the age of compulsory school at-
tendance, ensure that such services comply with the 
performance standards established under section 
641A(a) of the Head Start Act; 
‘‘(6) inform eligible schools of the local edu-
cational agency’s authority to request waivers on the 
school’s behalf under Title V; and 
‘‘(7) ensure that the results of the academic as-
sessments required under section 1111(b)(2) will be 
provided to parents and teachers as soon as is prac-
ticably possible after the test is taken, in an under-
standable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(d) SPECIAL RULE.—In carrying out subsection 
(c)(5), the Secretary shall— 
‘‘(1) consult with the Secretary of Health and 
Human Services and shall establish procedures (tak-
ing into consideration existing State and local laws, 
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and local teacher contracts) to assist local educational 
agencies to comply with such subparagraph; and 
‘‘(2) disseminate to local educational agencies the 
education performance standards in effect under sec-
tion 641A(a)(1)(B) of the Head Start Act, and such 
agencies affected by such subsection shall plan for the 
implementation of such subsection (taking into con-
sideration existing State and local laws, and local 
teacher contracts). 
‘‘(e) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, school leaders, public charter school rep-
resentatives, administrators, and other appropriate 
school personnel, and with parents of children in 
schools served under this subpart. 
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of enactment of this Act and 
shall remain in effect for the duration of the agency’s 
participation under this subpart. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(f) STATE APPROVAL.— 
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‘‘(1) IN GENERAL.—Each local educational agen-
cy plan shall be filed according to a schedule estab-
lished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
‘‘(A) enables schools served under this sub-
part to substantially help children served under 
this subpart to meet the State’s academic stand-
ards described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this section. 
‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to de-
termine if such agency’s activities are in accordance 
with section 1118. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy using funds under this subpart and subpart 4 to 
provide a language instruction educational program 
shall, not later than 30 days after the beginning of 
the school year, inform parents of an English learner 
identified for participation, or participating in, such 
a program of— 
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‘‘(A) the reasons for the identification of 
their child as an English learner and in need of 
placement in a language instruction educational 
program; 
‘‘(B) the child’s level of English proficiency, 
how such level was assessed, and the status of the 
child’s academic achievement; 
‘‘(C) the methods of instruction used in the 
program in which their child is, or will be par-
ticipating, 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 language 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 ex-
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pected 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 disability, 
how such program meets the objectives of the in-
dividualized education program of the child; and 
‘‘(H) information pertaining to parental 
rights that includes written guidance— 
‘‘(i) detailing— 
‘‘(I) the right that parents have to 
have their child immediately removed 
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 pro-
gram 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-
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cational program for English learners shall be in an 
understandable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not been 
identified as English learners prior to the beginning 
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 subpart 
shall implement an effective means of outreach to par-
ents of English learners to inform the parents regard-
ing how the parents can be involved in the education 
of their children, and be active participants in assist-
ing 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 sending notice of op-
portunities for, regular meetings for the purpose of 
formulating and responding to recommendations from 
parents of students assisted under this subpart. 
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‘‘(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.’’. 
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)— 
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(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 
(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); and 
(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 
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‘‘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 research’’ 
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’’ 
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and inserting ‘‘school improve-
ment strategies’’; and 
(bb) by striking the period 
and inserting ‘‘; and’’; and 
(V) by adding at the end the fol-
lowing new clause: 
‘‘(v) may be delivered by nonprofit or 
for-profit external providers with expertise 
in using evidence-based or other effective 
strategies to improve student achievement.’’; 
(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effective’’; 
(iv) in subparagraph (D)— 
(I) by striking ‘‘In accordance 
with section 1119 and subsection 
(a)(4), high-quality’’ and inserting 
‘‘High-quality’’; 
(II) by striking ‘‘pupil services’’ 
and inserting ‘‘specialized instruc-
tional support services’’; and 
(III) by striking ‘‘student aca-
demic 
achievement’’ 
and 
inserting 
‘‘academic’’; 
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(v) in subparagraph (E), by striking 
‘‘high-quality highly qualified’’ and insert-
ing ‘‘effective’’; 
(vi) in subparagraph (G), by striking 
‘‘, such as Head Start, Even Start, Early 
Reading First, or a State-run preschool 
program,’’; 
(vii) in subparagraph (H), by striking 
‘‘section 1111(b)(3)’’ and inserting ‘‘section 
1111(b)(2)’’; 
(viii) in subparagraph (I), by striking 
‘‘proficient or advanced levels of academic 
achievement 
standards’’ 
and 
inserting 
‘‘State academic standards’’; and 
(ix) in subparagraph (J), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘first de-
velop’’ 
and 
all 
that 
follows 
through ‘‘2001)’’ and inserting 
‘‘have in place’’; and 
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(bb) by striking ‘‘and its 
school support team or other tech-
nical assistance provider under 
section 1117’’; 
(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 section 
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 
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(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
(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)— 
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(A) in paragraph (1)(B), by striking ‘‘chal-
lenging student academic achievement’’ and in-
serting ‘‘academic’’; 
(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 
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(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(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)— 
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ered by nonprofit or for-profit external providers with ex-
pertise in using evidence-based or other effective strategies 
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 student 
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 Pre-
school Youngsters, the Parents as Teachers Pro-
gram, and public preschool and other’’ and in-
serting ‘‘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 TEACHERS AND PARA-
PROFESSIONALS. 
The Act is amended by repealing section 1119 (20 
U.S.C. 6319). 
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 sec-
tion 1115(b) in the school district served by a local 
educational agency who are enrolled in private ele-
mentary schools and secondary schools, a local edu-
cational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
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representatives, provide such service, on an equi-
table basis and individually or in combination, 
as requested by the officials or representatives to 
best meet the needs of such children, special edu-
cational services, instructional services, coun-
seling, mentoring, one-on-one tutoring, or other 
benefits under this subpart (such as dual enroll-
ment, educational radio and television, computer 
equipment and materials, other technology, 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 services 
and other benefits for public school children par-
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ticipating under this subpart, and shall be pro-
vided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such eq-
uity for such private school children, teachers, 
and other educational personnel, the State edu-
cational agency involved shall designate an om-
budsman to monitor and enforce the require-
ments of this subpart. 
‘‘(4) EXPENDITURES.— 
‘‘(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— 
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‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agency; 
and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to serve 
such children in the following fiscal year. 
‘‘(C) NOTICE OF ALLOCATION.—Each State 
educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
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, organiza-
tions, and institutions. 
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‘‘(b) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a local educational agency shall 
consult with appropriate private school officials or 
representatives during the design and development of 
such agency’s programs under this subpart in order 
to reach an agreement between the agency and the of-
ficials or representatives about equitable and effective 
programs for eligible private school children, the re-
sults of which shall be transmitted to the designated 
ombudsmen under section 1120(a)(3)(B). Such proc-
ess shall include consultation 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 academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school 
children, and the proportion of funds that is al-
located under subsection (a)(4)(A) for such serv-
ices, how that proportion of funds is determined 
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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-in-
come families in participating school attendance 
areas who attend private schools; 
‘‘(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 offi-
cials or representatives on the provision of serv-
ices through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or representa-
tives on the provision of services through a con-
tract, the local educational agency will provide 
in writing to such private school officials an 
analysis of the reasons why the local educational 
agency has chosen not to use a contractor; 
‘‘(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; 
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‘‘(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 
paragraph (4) based on all the children 
from low-income families who attend pri-
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 paragraph (4) based on the number 
of children from low-income families who 
attend such school; and 
‘‘(K) 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 offi-
cials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agency 
shall provide in writing to such private school offi-
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cials an analysis of the reasons why the local edu-
cational agency has chosen not to adopt the course of 
action requested by such officials. 
‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or rep-
resentatives 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 section. 
‘‘(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 equi-
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table with respect to eligible private school children. 
If such officials or representatives do not provide such 
affirmation within a reasonable period of time, the 
local educational agency shall forward the documenta-
tion that such consultation has, or attempts at such 
consultation have, taken place to the State edu-
cational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school official 
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 sec-
tion. 
‘‘(B) PROCEDURE.—If the private school of-
ficial 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 edu-
cational agency shall forward the appropriate 
documentation to the State educational agency. 
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‘‘(C) STATE
EDUCATIONAL
AGENCIES.—A 
State educational agency shall provide services 
under this section directly or through contracts 
with public or private 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 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 private 
elementary schools or secondary schools 
in a participating school attendance 
area of the agency 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 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 agency 
shall have the final authority, consistent with this sec-
tion, to calculate the number of children, ages 5 
through 17, who are from low-income families and at-
tend private schools by— 
‘‘(A) using the same measure of low income 
used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fami-
lies of private school students, and allowing such 
survey results to be extrapolated if complete ac-
tual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance area, 
determined pursuant to this section, to the num-
ber of private school children who reside 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 regard-
ing low-income data for private school students shall 
be subject to the complaint process authorized in sec-
tion 5503. 
‘‘(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 public 
agency with an individual, association, 
agency, or organization. 
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, associa-
tion, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or con-
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tract shall be under the control and supervision 
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 eligible 
children enrolled in private elementary schools and sec-
ondary schools, or if the Secretary determines that a local 
educational agency has substantially failed or is unwilling 
to provide for such participation, as required by this sec-
tion, 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 sections 5503 and 
5504; 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 participate.’’. 
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), by striking ‘‘such as the 
Early Reading First program’’; 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 strik-
ing ‘‘such as the Early Reading First program’’ 
each place it appears; 
(C) in paragraph (4), by striking ‘‘Early 
Reading First program staff,’’; and 
(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— 
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(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)’’; and 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘the No 
Child Left Behind Act of 2001’’ and inserting 
‘‘the Student Success Act’’; 
(B) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘basis,’’ and all that follows through the pe-
riod 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 
(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.— 
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‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91.055 percent of such amounts to carry out this 
chapter. 
‘‘(2) ALLOCATION FORMULA.—Of the amount re-
served under paragraph (1) for each of fiscal years 
2014 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 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 equally between 
sections 1125 and 1125A.’’; 
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(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 
(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting ‘‘chap-
ter’’; 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’’. 
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SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 
TO LOCAL EDUCATIONAL AGENCIES IN FIS-
CAL YEARS AFTER FISCAL YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to read 
as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED 
GRANTS TO LOCAL EDUCATIONAL AGENCIES 
IN FISCAL YEARS AFTER FISCAL YEAR 2001. 
‘‘Pursuant to section 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 activi-
ties 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).’’. 
SEC. 127. 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 
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(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 sub-
sections (a), (b), (c), and (d), respectively; and 
(4) in subsection (b), as redesignated, by redesig-
nating subparagraphs (A) and (B) as paragraphs (1) 
and (2), respectively. 
SEC. 128. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by striking 
‘‘subpart’’ each place it appears and inserting ‘‘chapter’’. 
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 fol-
lowing: 
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‘‘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 services 
during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children. 
‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any man-
ner by disparities among the States in curriculum, 
graduation requirements, and State academic stand-
ards. 
‘‘(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 educational 
disruption, cultural and language barriers, social iso-
lation, various health-related problems, and other fac-
tors that inhibit the ability of such children to succeed 
in school. 
‘‘(5) To help such children benefit from State 
and local systemic reforms. 
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‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.37 per-
cent to carry out this subpart. 
‘‘(b) GRANTS AWARDED.—From the amounts reserved 
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 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 dur-
ing the previous year; multiplied by 
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‘‘(2) 40 percent of the average per-pupil expendi-
ture in the State, except that the amount determined 
under this paragraph shall not be less than 32 per-
cent, nor more than 48 percent, of the average per- 
pupil expenditure in the United States. 
‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 
(a), for each of fiscal years 2014 through 2016, no State 
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 expendi-
ture in the United States. 
‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
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‘‘(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 eligible, 
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 re-
quired under section 1134. 
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‘‘(B) REALLOCATION.—The Secretary shall 
reallocate such excess funds to other States whose 
grants under this subpart would otherwise be in-
sufficient to provide an appropriate level of serv-
ices to migratory children, in such amounts as 
the Secretary determines are appropriate. 
‘‘(e) CONSORTIUM ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—In the case of a State that 
receives a grant of $1,000,000 or less under this sec-
tion, the Secretary shall consult with the State edu-
cational agency to determine whether consortium ar-
rangements with another State or other appropriate 
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 con-
sortium arrangement to the Secretary for approval. 
‘‘(3) APPROVAL.—The Secretary shall approve a 
consortium arrangement under paragraph (1) or (2) 
if the proposal demonstrates that the arrangement 
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 
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achievement of children to be served under this 
subpart. 
‘‘(f) DETERMINING NUMBERS
OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of mi-
gratory 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 par-
ticipating in evidence-based or other effective 
special programs provided under this subpart 
that operate during the summer and intersession 
periods; and 
‘‘(B) the additional costs of operating such 
programs; and 
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100 
‘‘(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. 
‘‘(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 migratory 
children residing in the State until data is available to cal-
culate the 3-year average number of such children in ac-
cordance 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 application 
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 oper-
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101 
ating agencies will ensure that the unique educational 
needs of migratory children, including preschool mi-
gratory children, are identified and addressed 
through— 
‘‘(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 migratory 
children, including language instruction edu-
cational programs under chapter A of subpart 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 taking 
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 provide 
for educational continuity through the timely transfer 
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102 
of pertinent school records, including information on 
health, when children move from one school to an-
other, whether or not such a move occurs during the 
regular school year; 
‘‘(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 subpart 
to offer family literacy services if the programs and 
projects serve a substantial number of migratory chil-
dren 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— 
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103 
‘‘(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 
‘‘(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 mi-
gratory children and their families; 
‘‘(2) such programs and projects will be carried 
out in a manner consistent with the objectives of sec-
tion 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 oper-
ating level, there is consultation with parents of mi-
gratory 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, unless 
extraordinary circumstances make such provi-
sion impractical; and 
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104 
‘‘(B) in a format and language understand-
able to the parents; 
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
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 help-
ing such children and families gain access to, 
other education, health, nutrition, and social 
services; 
‘‘(B) professional development programs, in-
cluding mentoring, for teachers and other pro-
gram personnel; 
‘‘(C) high-quality, evidence-based family lit-
eracy programs; 
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105 
‘‘(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 edu-
cation or employment without the need for reme-
diation; 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.—Notwithstanding 
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 
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106 
‘‘(3) secondary school students who were eligible 
for services in secondary school may continue to be 
served through credit accrual programs until gradua-
tion. 
‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 
‘‘The Secretary shall approve each State application 
that meets the requirements of this subpart, and may review 
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 as-
sistance 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 5302, if— 
‘‘(i) the unique needs of migratory 
children are specifically addressed in the 
comprehensive State plan; 
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107 
‘‘(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 regarding, 
or administrative funding for, this subpart; 
‘‘(C) provides that migratory children will 
have an opportunity to meet the same State aca-
demic 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, includ-
ing programs under subpart 1, early childhood 
programs, and language instruction educational 
programs under chapter A of subpart 4; and 
‘‘(G) provides for the integration of services 
available under this subpart with services pro-
vided by such other programs. 
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108 
‘‘(2) DURATION OF THE PLAN.—Each such com-
prehensive State plan shall— 
‘‘(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, shall have 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 migratory 
lifestyle, and to permit these children to participate 
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 serv-
ices available from other Federal or non-Federal pro-
grams, except that migratory children who are eligible 
to receive services under subpart 1 may receive those 
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109 
services through funds provided under that subpart, 
or through funds under this subpart that remain after 
the agency addresses the needs described 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 allo-
cation 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 ef-
ficient 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 AC-
TIVITIES. 
‘‘(a) IMPROVEMENT OF COORDINATION.— 
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110 
‘‘(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 education, 
and other public and private entities to improve the 
interstate and intrastate coordination among such 
agencies’ educational programs, including through the 
establishment or improvement of programs for credit 
accrual and exchange, available to migratory stu-
dents. 
‘‘(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 children 
in each State. 
‘‘(2) INFORMATION SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall ensure the linkage 
of migratory student record systems for the pur-
pose of electronically exchanging, among the 
States, health and educational information re-
garding all migratory students. The Secretary 
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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 enactment 
of this Act. The Secretary shall determine the 
minimum data elements that each State receiv-
ing 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 
each State receiving funds under this subpart 
shall be required to collect for purposes of elec-
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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 educational 
agency or local educational agency that requests the 
records at no cost to the requesting agency, if the re-
quest is made in order to meet the needs of a migra-
tory child. 
‘‘(4) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than April 
30, 2014, the Secretary shall report to the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives the Secretary’s findings and rec-
ommendations regarding the maintenance and 
transfer of health and educational information 
for migratory students by the States. 
‘‘(B) REQUIRED CONTENTS.—The Secretary 
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 reserved 
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 mi-
gratory education program or projects directly. 
‘‘(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 children 
and youth in local and State institutions for ne-
glected 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 employ-
ment; 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 institu-
tions for neglected or delinquent children and youth, 
with a support system to ensure their continued edu-
cation. 
‘‘(b) PROGRAM AUTHORIZED.—From amounts appro-
priated under section 3(a)(1), the Secretary shall reserve 
0.305 of one percent to carry out this subpart. 
‘‘(c) GRANTS AWARDED.—From the amounts reserved 
under subsection (b) and not reserved under section 1004 
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and section 1159, the Secretary shall make grants to State 
educational agencies that have plans submitted under sec-
tion 1154 approved to enable such agencies to award sub-
grants 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 facilities, 
or attending community day programs for delinquent chil-
dren 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 described 
in section 1151 (other than an agency in the Com-
monwealth 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 ex-
penditure 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 expenditure 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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ceive under this chapter shall be the amount deter-
mined by multiplying the number of children counted 
under subsection (a)(1)(A) for the Commonwealth of 
Puerto Rico by the product of— 
‘‘(A) the percentage which the average per- 
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per-pupil expend-
iture of any of the 50 States; and 
‘‘(B) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(2) MINIMUM PERCENTAGE.—The percentage in 
paragraph (1)(A) shall not be less than 85 percent. 
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT 
APPROPRIATIONS.—If the amount reserved for any fiscal 
year for subgrants under subsections (a) and (b) is insuffi-
cient to pay the full amount for which all State agencies 
are eligible under such subsections, the Secretary shall rat-
ably reduce each such amount. 
‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 
‘‘If a State educational agency determines that a State 
agency does not need the full amount of the subgrant for 
which such State agency is eligible under this chapter for 
any fiscal year, the State educational agency may reallocate 
the amount that will not be needed to other eligible State 
agencies that need additional funds to carry out the purpose 
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of this chapter, in such amounts as the State educational 
agency shall determine. 
‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA-
TIONS. 
‘‘(a) STATE PLAN.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that desires to receive a grant under this 
chapter shall submit, for approval by the Secretary, 
a plan— 
‘‘(A) for meeting the educational needs of 
neglected, delinquent, and at-risk children and 
youth; 
‘‘(B) for assisting in the transition of chil-
dren and youth from correctional facilities to lo-
cally operated programs; and 
‘‘(C) that is integrated with other programs 
under this Act or other Acts, as appropriate. 
‘‘(2) CONTENTS.—Each such State plan shall— 
‘‘(A) describe how the State will assess the 
effectiveness of the program in improving the 
academic, career, and technical skills of children 
in the program; 
‘‘(B) provide that, to the extent feasible, 
such children will have the same opportunities to 
achieve as such children would have if such chil-
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dren were in the schools of local educational 
agencies in the State; 
‘‘(C) describe how the State will place a 
priority for such children to obtain a regular 
high school diploma, to the extent feasible; and 
‘‘(D) contain an assurance that the State 
educational agency will— 
‘‘(i) ensure that programs assisted 
under this chapter will be carried out in ac-
cordance with the State plan described in 
this subsection; 
‘‘(ii) carry out the evaluation require-
ments of section 1171; and 
‘‘(iii) ensure that the State agencies re-
ceiving subgrants under this chapter comply 
with all applicable statutory and regulatory 
requirements. 
‘‘(3) DURATION OF THE PLAN.—Each such State 
plan shall— 
‘‘(A) remain in effect for the duration of the 
State’s participation under this chapter; and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
chapter. 
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‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 
‘‘(1) SECRETARIAL
APPROVAL.—The Secretary 
shall approve each State plan that meets the require-
ments of this chapter. 
‘‘(2) PEER REVIEW.—The Secretary may review 
any State plan with the assistance and advice of in-
dividuals with relevant expertise. 
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen-
cy that desires to receive funds to carry out a program 
under this chapter shall submit an application to the State 
educational agency that— 
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to as-
sess the educational needs of the children to be served 
under this chapter; 
‘‘(2) provide an assurance that in making serv-
ices available to children and youth in adult correc-
tional institutions, priority will be given to such chil-
dren and youth who are likely to complete incarcer-
ation within a 2-year period; 
‘‘(3) describes the program, including a budget 
for the first year of the program, with annual updates 
to be provided to the State educational agency; 
‘‘(4) describes how the program will meet the 
goals and objectives of the State plan; 
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‘‘(5) describes how the State agency will consult 
with experts and provide the necessary training for 
appropriate staff, to ensure that the planning and op-
eration of institution-wide projects under section 1156 
are of high quality; 
‘‘(6) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under title I of Public Law 
105–220, career and technical education programs, 
State and local dropout prevention programs, and 
special education programs; 
‘‘(7) describes how the State agency will encour-
age correctional facilities receiving funds under this 
chapter to coordinate with local educational agencies 
or alternative education programs attended by incar-
cerated children and youth prior to and after their 
incarceration to ensure that student assessments and 
appropriate academic records are shared jointly be-
tween the correctional facility and the local edu-
cational agency or alternative education program; 
‘‘(8) describes how appropriate professional de-
velopment will be provided to teachers and other staff; 
‘‘(9) designates an individual in each affected 
correctional facility or institution for neglected or de-
linquent children and youth to be responsible for 
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issues relating to the transition of such children and 
youth from such facility or institution to locally oper-
ated programs; 
‘‘(10) describes how the State agency will en-
deavor to coordinate with businesses for training and 
mentoring for participating children and youth; 
‘‘(11) provides an assurance that the State agen-
cy will assist in locating alternative programs 
through which students can continue their education 
if the students are not returning to school after leav-
ing the correctional facility or institution for ne-
glected or delinquent children and youth; 
‘‘(12) provides assurances that the State agency 
will work with parents to secure parents’ assistance 
in improving the educational achievement of their 
children and youth, and preventing their children’s 
and youth’s further involvement in delinquent activi-
ties; 
‘‘(13) provides an assurance that the State agen-
cy will work with children and youth with disabilities 
in order to meet an existing individualized education 
program and an assurance that the agency will notify 
the child’s or youth’s local school if the child or 
youth— 
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‘‘(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 agen-
cy will work with children and youth who dropped 
out of school before entering the correctional facility 
or institution for neglected or delinquent children and 
youth to encourage the children and youth to reenter 
school and obtain a regular high school diploma once 
the term of the incarceration 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 regular high school diploma or its 
recognized equivalent if the child or youth does not 
intend to return to school; 
‘‘(15) provides an assurance that effective teach-
ers and other qualified staff are trained to work with 
children and youth with disabilities and other stu-
dents with special needs taking into consideration the 
unique needs of such students; 
‘‘(16) describes any additional services to be pro-
vided to children and youth, such as career coun-
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seling, distance education, and assistance in securing 
student loans and grants; and 
‘‘(17) provides an assurance that the program 
under this chapter will be coordinated with any pro-
grams operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601 et 
seq.) or other comparable programs, if applicable. 
‘‘SEC. 1155. USE OF FUNDS. 
‘‘(a) USES.— 
‘‘(1) IN
GENERAL.—A State agency shall use 
funds received under this chapter only for programs 
and projects that— 
‘‘(A) are consistent with the State plan 
under section 1154(a); and 
‘‘(B) concentrate on providing participants 
with the knowledge and skills needed to make a 
successful transition to secondary school comple-
tion, career and technical education, further edu-
cation, or employment without the need for re-
mediation. 
‘‘(2) PROGRAMS AND PROJECTS.—Such programs 
and projects— 
‘‘(A) may include the acquisition of equip-
ment; 
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‘‘(B) shall be designed to support edu-
cational services that— 
‘‘(i) except for institution-wide projects 
under section 1156, are provided to children 
and youth identified by the State agency as 
failing, or most at-risk of failing, to meet 
the State’s academic standards; 
‘‘(ii) supplement and improve the 
quality of the educational services provided 
to such children and youth by the State 
agency; and 
‘‘(iii) afford such children and youth 
an opportunity to meet State academic 
standards; and 
‘‘(C) shall be carried out in a manner con-
sistent with section 1120A and part C (as ap-
plied to programs and projects under this chap-
ter). 
‘‘(b) SUPPLEMENT, NOT
SUPPLANT.—A program 
under this chapter that supplements the number of hours 
of instruction students receive from State and local sources 
shall be considered to comply with the supplement, not sup-
plant requirement of section 1120A (as applied to this chap-
ter) without regard to the subject areas in which instruction 
is given during those hours. 
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‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 
‘‘A State agency that provides free public education 
for children and youth in an institution for neglected or 
delinquent children and youth (other than an adult correc-
tional institution) or attending a community day program 
for such children and youth may use funds received under 
this chapter to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the 
State agency has developed, and the State educational agen-
cy has approved, a comprehensive plan for that institution 
or program that— 
‘‘(1) provides for a comprehensive assessment of 
the educational needs of all children and youth in the 
institution or program serving juveniles; 
‘‘(2) provides for a comprehensive assessment of 
the educational needs of youth aged 20 and younger 
in adult facilities who are expected to complete incar-
ceration within a 2-year period; 
‘‘(3) describes the steps the State agency has 
taken, or will take, to provide all children and youth 
under age 21 with the opportunity to meet State aca-
demic standards in order to improve the likelihood 
that the children and youth will complete secondary 
school, obtain a regular high school diploma or its 
recognized equivalent, or find employment after leav-
ing the institution; 
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‘‘(4) describes the instructional program, special-
ized instructional support services, and procedures 
that will be used to meet the needs described in para-
graph (1), including, to the extent feasible, the provi-
sion of mentors for the children and youth described 
in paragraph (1); 
‘‘(5) specifically describes how such funds will be 
used; 
‘‘(6) describes the measures and procedures that 
will be used to assess and improve student achieve-
ment; 
‘‘(7) describes how the agency has planned, and 
will implement and evaluate, the institution-wide or 
program-wide project in consultation with personnel 
providing direct instructional services and support 
services in institutions or community day programs 
for neglected or delinquent children and youth, and 
with personnel from the State educational agency; 
and 
‘‘(8) includes an assurance that the State agency 
has provided for appropriate training for teachers 
and other instructional and administrative personnel 
to enable such teachers and personnel to carry out the 
project effectively. 
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‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 
‘‘If a State agency operates a program or project under 
this chapter in which individual children or youth are like-
ly to participate for more than one year, the State edu-
cational agency may approve the State agency’s applica-
tion for a subgrant under this chapter for a period of not 
more than 3 years. 
‘‘SEC. 1158. TRANSITION SERVICES. 
‘‘(a) TRANSITION SERVICES.—Each State agency shall 
reserve not less than 15 percent and not more than 30 per-
cent of the amount such agency receives under this chapter 
for any fiscal year to support— 
‘‘(1) projects that facilitate the transition of chil-
dren and youth from State-operated institutions to 
schools served by local educational agencies; or 
‘‘(2) the successful re-entry of youth offenders, 
who are age 20 or younger and have received a reg-
ular high school diploma or its recognized equivalent, 
into postsecondary education, or career and technical 
training programs, through strategies designed to ex-
pose the youth to, and prepare the youth for, postsec-
ondary education, or career and technical training 
programs, such as— 
‘‘(A) preplacement programs that allow ad-
judicated or incarcerated youth to audit or at-
tend courses on college, university, or community 
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131 
college campuses, or through programs provided 
in institutional settings; 
‘‘(B) worksite schools, in which institutions 
of higher education and private or public em-
ployers partner to create programs to help stu-
dents make a successful transition to postsec-
ondary education and employment; and 
‘‘(C) essential support services to ensure the 
success of the youth, such as— 
‘‘(i) personal, career and technical, 
and academic counseling; 
‘‘(ii) placement services designed to 
place the youth in a university, college, or 
junior college program; 
‘‘(iii) information concerning, and as-
sistance in obtaining, available student fi-
nancial aid; 
‘‘(iv) counseling services; and 
‘‘(v) job placement services. 
‘‘(b) CONDUCT OF PROJECTS.—A project supported 
under this section may be conducted directly by the State 
agency, or through a contract or other arrangement with 
one or more local educational agencies, other public agen-
cies, or private organizations. 
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‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a school that receives 
funds under subsection (a) from serving neglected and de-
linquent children and youth simultaneously with students 
with similar educational needs, in the same educational set-
tings where appropriate. 
‘‘SEC. 1159. TECHNICAL ASSISTANCE. 
‘‘The Secretary shall reserve not more than 1 percent 
of the amount reserved under section 1141 to provide tech-
nical assistance to and support State agency programs as-
sisted under this chapter. 
‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 
‘‘SEC. 1161. PURPOSE. 
‘‘The purpose of this chapter is to support the oper-
ation of local educational agency programs that involve col-
laboration with locally operated correctional facilities— 
‘‘(1) to carry out high quality education pro-
grams to prepare children and youth for secondary 
school completion, training, employment, or further 
education; 
‘‘(2) to provide activities to facilitate the transi-
tion of such children and youth from the correctional 
program to further education or employment; and 
‘‘(3) to operate programs in local schools for chil-
dren and youth returning from correctional facilities, 
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and programs which may serve at-risk children and 
youth. 
‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
AGENCIES. 
‘‘(a) LOCAL SUBGRANTS.—With funds made available 
under section 1142(b), the State educational agency shall 
award subgrants to local educational agencies with high 
numbers or percentages of children and youth residing in 
locally operated (including county operated) correctional 
facilities for children and youth (including facilities in-
volved in community day programs). 
‘‘(b) SPECIAL RULE.—A local educational agency that 
serves a school operated by a correctional facility is not re-
quired to operate a program of support for children and 
youth returning from such school to a school that is not 
operated by a correctional agency but served by such local 
educational agency, if more than 30 percent of the children 
and youth attending the school operated by the correctional 
facility will reside outside the boundaries served by the local 
educational agency after leaving such facility. 
‘‘(c) NOTIFICATION.—A State educational agency shall 
notify local educational agencies within the State of the eli-
gibility of such agencies to receive a subgrant under this 
chapter. 
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‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran-
sitional and supportive programs operated in local edu-
cational agencies under this chapter shall be designed pri-
marily to meet the transitional and academic needs of stu-
dents returning to local educational agencies or alternative 
education programs from correctional facilities. Services to 
students at-risk of dropping out of school shall not have a 
negative impact on meeting the transitional and academic 
needs of the students returning from correctional facilities. 
‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 
‘‘Each local educational agency desiring assistance 
under this chapter shall submit an application to the State 
educational agency that contains such information as the 
State educational agency may require. Each such applica-
tion shall include— 
‘‘(1) a description of the program to be assisted; 
‘‘(2) a description of formal agreements, regard-
ing the program to be assisted, between— 
‘‘(A) the local educational agency; and 
‘‘(B) correctional facilities and alternative 
school programs serving children and youth in-
volved with the juvenile justice system; 
‘‘(3) as appropriate, a description of how par-
ticipating schools will coordinate with facilities work-
ing with delinquent children and youth to ensure that 
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such children and youth are participating in an edu-
cation program comparable to one operating in the 
local school such youth would attend; 
‘‘(4) a description of the program operated by 
participating schools for children and youth return-
ing from correctional facilities and, as appropriate, 
the types of services that such schools will provide 
such children and youth and other at-risk children 
and youth; 
‘‘(5) a description of the characteristics (includ-
ing learning difficulties, substance abuse problems, 
and other needs) of the children and youth who will 
be returning from correctional facilities and, as ap-
propriate, other at-risk children and youth expected 
to be served by the program, and a description of how 
the school will coordinate existing educational pro-
grams to meet the unique educational needs of such 
children and youth; 
‘‘(6) as appropriate, a description of how schools 
will coordinate with existing social, health, and other 
services to meet the needs of students returning from 
correctional facilities and at-risk children or youth, 
including prenatal health care and nutrition services 
related to the health of the parent and the child or 
youth, parenting and child development classes, child 
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care, targeted reentry and outreach programs, refer-
rals to community resources, and scheduling flexi-
bility; 
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training, 
curriculum-based youth entrepreneurship education, 
and mentoring services for participating students; 
‘‘(8) as appropriate, a description of how the 
program will involve parents in efforts to improve the 
educational achievement of their children, assist in 
dropout prevention activities, and prevent the involve-
ment of their children in delinquent activities; 
‘‘(9) a description of how the program under this 
chapter will be coordinated with other Federal, State, 
and local programs, such as programs under title I 
of Public Law 105–220 and career and technical edu-
cation programs serving at-risk children and youth; 
‘‘(10) a description of how the program will be 
coordinated with programs operated under the Juve-
nile Justice and Delinquency Prevention Act of 1974 
and other comparable programs, if applicable; 
‘‘(11) as appropriate, a description of how 
schools will work with probation officers to assist in 
meeting the needs of children and youth returning 
from correctional facilities; 
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‘‘(12) a description of the efforts participating 
schools will make to ensure correctional facilities 
working with children and youth are aware of a 
child’s or youth’s existing individualized education 
program; and 
‘‘(13) as appropriate, a description of the steps 
participating schools will take to find alternative 
placements for children and youth interested in con-
tinuing their education but unable to participate in 
a traditional public school program. 
‘‘SEC. 1164. USES OF FUNDS. 
‘‘Funds provided to local educational agencies under 
this chapter may be used, as appropriate, for— 
‘‘(1) programs that serve children and youth re-
turning to local schools from correctional facilities, to 
assist in the transition of such children and youth to 
the school environment and help them remain in 
school in order to complete their education; 
‘‘(2) dropout prevention programs which serve 
at-risk children and youth; 
‘‘(3) the coordination of health and social serv-
ices for such individuals if there is a likelihood that 
the provision of such services, including day care, 
drug and alcohol counseling, and mental health serv-
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ices, will improve the likelihood such individuals will 
complete their education; 
‘‘(4) special programs to meet the unique aca-
demic needs of participating children and youth, in-
cluding career and technical education, special edu-
cation, career counseling, curriculum-based youth en-
trepreneurship education, and assistance in securing 
student loans or grants for postsecondary education; 
and 
‘‘(5) programs providing mentoring and peer 
mediation. 
‘‘SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL 
FACILITIES RECEIVING FUNDS UNDER THIS 
SECTION. 
‘‘Each correctional facility entering into an agreement 
with a local educational agency under section 1163(2) to 
provide services to children and youth under this chapter 
shall— 
‘‘(1) where feasible, ensure that educational pro-
grams in the correctional facility are coordinated 
with the student’s home school, particularly with re-
spect to a student with an individualized education 
program under part B of the Individuals with Dis-
abilities Education Act; 
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‘‘(2) if the child or youth is identified as in need 
of special education services while in the correctional 
facility, notify the local school of the child or youth 
of such need; 
‘‘(3) where feasible, provide transition assistance 
to help the child or youth stay in school, including co-
ordination of services for the family, counseling, as-
sistance in accessing drug and alcohol abuse preven-
tion programs, tutoring, and family counseling; 
‘‘(4) provide support programs that encourage 
children and youth who have dropped out of school to 
re-enter school and obtain a regular high school di-
ploma once their term at the correctional facility has 
been completed, or provide such children and youth 
with the skills necessary to gain employment or seek 
a regular high school diploma or its recognized equiv-
alent; 
‘‘(5) work to ensure that the correctional facility 
is staffed with effective teachers and other qualified 
staff who are trained to work with children and youth 
with disabilities taking into consideration the unique 
needs of such children and youth; 
‘‘(6) ensure that educational programs in the 
correctional facility are related to assisting students 
to meet the States’s academic standards; 
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‘‘(7) to the extent possible, use technology to as-
sist in coordinating educational programs between the 
correctional facility and the community school; 
‘‘(8) where feasible, involve parents in efforts to 
improve the educational achievement of their children 
and prevent the further involvement of such children 
in delinquent activities; 
‘‘(9) coordinate funds received under this chapter 
with other local, State, and Federal funds available to 
provide services to participating children and youth, 
such as funds made available under title I of Public 
Law 105–220, and career and technical education 
funds; 
‘‘(10) coordinate programs operated under this 
chapter with activities funded under the Juvenile Jus-
tice and Delinquency Prevention Act of 1974 and 
other comparable programs, if applicable; 
‘‘(11) if appropriate, work with local businesses 
to develop training, curriculum-based youth entrepre-
neurship education, and mentoring programs for chil-
dren and youth; and 
‘‘(12) consult with the local educational agency 
for a period jointly determined necessary by the cor-
rectional facility and local educational agency upon 
discharge from that facility to coordinate educational 
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141 
services so as to minimize disruption to the child’s or 
youth’s achievement. 
‘‘SEC. 1166. ACCOUNTABILITY. 
‘‘The State educational agency— 
‘‘(1) may require correctional facilities or insti-
tutions for neglected or delinquent children and youth 
to demonstrate, after receiving assistance under this 
chapter for 3 years, that there has been an increase 
in the number of children and youth returning to 
school, obtaining a regular high school diploma or its 
recognized equivalent, or obtaining employment after 
such children and youth are released; and 
‘‘(2) may reduce or terminate funding for 
projects under this chapter if a local educational 
agency does not show progress in the number of chil-
dren and youth obtaining a regular high school di-
ploma or its recognized equivalent. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1171. PROGRAM EVALUATIONS. 
‘‘(a) SCOPE OF EVALUATION.—Each State agency or 
local educational agency that conducts a program under 
chapters A or B shall evaluate the program, disaggregating 
data on participation by gender, race, ethnicity, and age, 
not less than once every 3 years, to determine the program’s 
impact on the ability of participants— 
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‘‘(1) to maintain and improve educational 
achievement; 
‘‘(2) to accrue school credits that meet State re-
quirements for grade promotion and high school grad-
uation; 
‘‘(3) to make the transition to a regular program 
or other education program operated by a local edu-
cational agency; 
‘‘(4) to complete high school (or high school 
equivalency requirements) and obtain employment 
after leaving the correctional facility or institution 
for neglected or delinquent children and youth; and 
‘‘(5) as appropriate, to participate in postsec-
ondary education and job training programs. 
‘‘(b) EXCEPTION.—The disaggregation required under 
subsection (a) shall not be required in a case in which the 
number of students in a category is insufficient to yield 
statistically reliable information or the results would reveal 
personally identifiable information about an individual 
student. 
‘‘(c) EVALUATION MEASURES.—In conducting each 
evaluation under subsection (a), a State agency or local 
educational agency shall use multiple and appropriate 
measures of student progress. 
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‘‘(d) EVALUATION RESULTS.—Each State agency and 
local educational agency shall— 
‘‘(1) submit evaluation results to the State edu-
cational agency and the Secretary; and 
‘‘(2) use the results of evaluations under this sec-
tion to plan and improve subsequent programs for 
participating children and youth. 
‘‘SEC. 1172. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The 
term ‘adult correctional institution’ means a facility 
in which persons (including persons under 21 years 
of age) are confined as a result of a conviction for a 
criminal offense. 
‘‘(2) AT-RISK.—The term ‘at-risk’, when used 
with respect to a child, youth, or student, means a 
school-aged individual who— 
‘‘(A) is at-risk of academic failure; and 
‘‘(B) has a drug or alcohol problem, is preg-
nant or is a parent, has come into contact with 
the juvenile justice system in the past, is at least 
1 year behind the expected grade level for the age 
of the individual, is an English learner, is a 
gang member, has dropped out of school in the 
past, or has a high absenteeism rate at school. 
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‘‘(3) COMMUNITY
DAY
PROGRAM.—The term 
‘community day program’ means a regular program 
of instruction provided by a State agency at a com-
munity day school operated specifically for neglected 
or delinquent children and youth. 
‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH.—The term ‘institution 
for neglected or delinquent children and youth’ 
means— 
‘‘(A) a public or private residential facility, 
other than a foster home, that is operated for the 
care of children who have been committed to the 
institution or voluntarily placed in the institu-
tion under applicable State law, due to abandon-
ment, neglect, or death of their parents or guard-
ians; or 
‘‘(B) a public or private residential facility 
for the care of children who have been adju-
dicated to be delinquent or in need of super-
vision. 
‘‘Subpart 4—English Language Acquisition, 
Language Enhancement, and Academic Achievement 
‘‘SEC. 1181. PURPOSES. 
‘‘The purposes of this subpart are— 
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‘‘(1) to help ensure that English learners, includ-
ing immigrant children and youth, attain English 
proficiency and develop high levels of academic 
achievement in English; 
‘‘(2) to assist all English learners, including im-
migrant children and youth, to achieve at high levels 
in the core academic subjects so that those children 
can meet the same State academic standards that all 
children are expected to meet, consistent with section 
1111(b)(1); 
‘‘(3) to assist State educational agencies, local 
educational agencies, and schools in establishing, im-
plementing, and sustaining high-quality, flexible, evi-
dence-based language instruction educational pro-
grams designed to assist in teaching English learners, 
including immigrant children and youth; 
‘‘(4) to assist State educational agencies and 
local educational agencies to develop and enhance 
their capacity to provide high-quality, evidence-based 
instructional programs designed to prepare English 
learners, including immigrant children and youth, to 
enter all-English instruction settings; and 
‘‘(5) to promote parental and community par-
ticipation in language instruction educational pro-
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grams for the parents and communities of English 
learners. 
‘‘CHAPTER A—GRANTS AND SUBGRANTS 
FOR ENGLISH LANGUAGE ACQUISI-
TION AND LANGUAGE ENHANCEMENT 
‘‘SEC. 1191. FORMULA GRANTS TO STATES. 
‘‘(a) IN GENERAL.—In the case of each State edu-
cational agency having a plan approved by the Secretary 
for a fiscal year under section 1192, the Secretary shall re-
serve 4.4 percent of funds appropriated under section 
3(a)(1) to make a grant for the year to the agency for the 
purposes specified in subsection (b). The grant shall consist 
of the allotment determined for the State educational agency 
under subsection (c). 
‘‘(b) USE OF FUNDS.— 
‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 
Secretary may make a grant under subsection (a) 
only if the State educational agency involved agrees 
to expend at least 95 percent of the State educational 
agency’s allotment under subsection (c) for a fiscal 
year— 
‘‘(A) to award subgrants, from allocations 
under section 1193, to eligible entities to carry 
out the activities described in section 1194 (other 
than subsection (e)); and 
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‘‘(B) to award subgrants under section 
1193(d)(1) to eligible entities that are described 
in that section to carry out the activities de-
scribed in section 1194(e). 
‘‘(2) STATE ACTIVITIES.—Subject to paragraph 
(3), each State educational agency receiving a grant 
under subsection (a) may reserve not more than 5 
percent of the agency’s allotment under subsection (c) 
to carry out the following activities: 
‘‘(A) Professional development activities, 
and other activities, which may include assisting 
personnel in— 
‘‘(i) meeting State and local certifi-
cation and licensing requirements for teach-
ing English learners; and 
‘‘(ii) improving teacher skills in meet-
ing the diverse needs of English learners, 
including in how to implement evidence- 
based programs and curricula on teaching 
English learners. 
‘‘(B) Planning, evaluation, administration, 
and interagency coordination related to the sub-
grants referred to in paragraph (1). 
‘‘(C) Providing technical assistance and 
other forms of assistance to eligible entities that 
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are receiving subgrants from a State educational 
agency under this chapter, including assistance 
in— 
‘‘(i) identifying and implementing evi-
dence-based 
language 
instruction 
edu-
cational programs and curricula for teach-
ing English learners; 
‘‘(ii) helping English learners meet the 
same State academic standards that all 
children are expected to meet; 
‘‘(iii) identifying or developing, and 
implementing, measures of English pro-
ficiency; and 
‘‘(iv) strengthening and increasing 
parent, family, and community engage-
ment. 
‘‘(D) Providing recognition, which may in-
clude providing financial awards, to subgrantees 
that have significantly improved the achievement 
and progress of English learners in— 
‘‘(i) reaching English language pro-
ficiency, based on the State’s English lan-
guage proficiency assessment under section 
1111(b)(2)(D); and 
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149 
‘‘(ii) meeting the State academic 
standards under section 1111(b)(1). 
‘‘(3) ADMINISTRATIVE
EXPENSES.—From the 
amount reserved under paragraph (2), a State edu-
cational agency may use not more than 40 percent of 
such amount or $175,000, whichever is greater, for the 
planning and administrative costs of carrying out 
paragraphs (1) and (2). 
‘‘(c) RESERVATIONS AND ALLOTMENTS.— 
‘‘(1) RESERVATIONS.—From the amount reserved 
under section 1191(a) for each fiscal year, the Sec-
retary shall reserve— 
‘‘(A) 0.5 percent of such amount for pay-
ments to outlying areas, to be allotted in accord-
ance with their respective needs for assistance 
under this chapter, as determined by the Sec-
retary, for activities, approved by the Secretary, 
consistent with this chapter; and 
‘‘(B) 6.5 percent of such amount for na-
tional activities under sections 1211 and 1222, 
except that not more than $2,000,000 of such 
amount may be reserved for the National Clear-
inghouse for English Language Acquisition and 
Language Instruction Educational Programs de-
scribed in section 1222. 
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‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), from the amount reserved 
under section 1191(a) for each fiscal year that 
remains after making the reservations under 
paragraph (1), the Secretary shall allot to each 
State educational agency having a plan ap-
proved under section 1192(c)— 
‘‘(i) an amount that bears the same re-
lationship to 80 percent of the remainder as 
the number of English learners in the State 
bears to the number of such children in all 
States, as determined by data available 
from the American Community Survey con-
ducted by the Department of Commerce or 
State-reported data; and 
‘‘(ii) an amount that bears the same 
relationship to 20 percent of the remainder 
as the number of immigrant children and 
youth in the State bears to the number of 
such children and youth in all States, as 
determined based only on data available 
from the American Community Survey con-
ducted by the Department of Commerce. 
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151 
‘‘(B) MINIMUM
ALLOTMENTS.—No State 
educational agency shall receive an allotment 
under this paragraph that is less than $500,000. 
‘‘(C) REALLOTMENT.—If any State edu-
cational agency described in subparagraph (A) 
does not submit a plan to the Secretary for a fis-
cal year, or submits a plan (or any amendment 
to a plan) that the Secretary, after reasonable 
notice and opportunity for a hearing, determines 
does not satisfy the requirements of this chapter, 
the Secretary shall reallot any portion of such 
allotment to the remaining State educational 
agencies in accordance with subparagraph (A). 
‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 
The total amount allotted to Puerto Rico for any 
fiscal year under subparagraph (A) shall not ex-
ceed 0.5 percent of the total amount allotted to 
all States for that fiscal year. 
‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 
making State allotments under paragraph (2) for 
each fiscal year, the Secretary shall determine the 
number of English learners in a State and in all 
States, using the most accurate, up-to-date data, 
which shall be— 
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152 
‘‘(A) data from the American Community 
Survey conducted by the Department of Com-
merce, which may be multiyear estimates; 
‘‘(B) the number of students being assessed 
for English language proficiency, based on the 
State’s English language proficiency assessment 
under section 1111(b)(2)(D), which may be 
multiyear estimates; or 
‘‘(C) a combination of data available under 
subparagraphs (A) and (B). 
‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLAN REQUIRED.—Each State educational agen-
cy desiring a grant under this chapter shall submit a plan 
to the Secretary at such time and in such manner as the 
Secretary may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the process that the agency will use 
in awarding subgrants to eligible entities under sec-
tion 1193(d)(1); 
‘‘(2) provide an assurance that— 
‘‘(A) the agency will ensure that eligible en-
tities receiving a subgrant under this chapter 
comply 
with 
the 
requirement 
in 
section 
1111(b)(2)(B)(x) to annually assess in English 
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153 
learners who have been in the United States for 
3 or more consecutive years; 
‘‘(B) the agency will ensure that eligible en-
tities receiving a subgrant under this chapter an-
nually assess the English proficiency of all 
English learners participating in a program 
funded under this chapter, consistent with sec-
tion 1111(b)(2)(D); 
‘‘(C) in awarding subgrants under section 
1193, the agency will address the needs of school 
systems of all sizes and in all geographic areas, 
including school systems with rural and urban 
schools; 
‘‘(D) subgrants to eligible entities under sec-
tion 1193(d)(1) will be of sufficient size and 
scope to allow such entities to carry out high- 
quality, evidence-based language instruction edu-
cational programs for English learners; 
‘‘(E) the agency will require an eligible en-
tity receiving a subgrant under this chapter to 
use the subgrant in ways that will build such re-
cipient’s capacity to continue to offer high-qual-
ity evidence-based language instruction edu-
cational programs that assist English learners in 
meeting State academic standards; 
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‘‘(F) the agency will monitor the eligible en-
tity receiving a subgrant under this chapter for 
compliance with applicable Federal fiscal re-
quirements; and 
‘‘(G) the plan has been developed in con-
sultation with local educational agencies, teach-
ers, administrators of programs implemented 
under this chapter, parents, and other relevant 
stakeholders; 
‘‘(3) describe how the agency will coordinate its 
programs and activities under this chapter with other 
programs and activities under this Act and other 
Acts, as appropriate; 
‘‘(4) describe how eligible entities in the State 
will be given the flexibility to teach English learn-
ers— 
‘‘(A) using a high-quality, evidence-based 
language instruction curriculum for teaching 
English learners; and 
‘‘(B) in the manner the eligible entities de-
termine to be the most effective; and 
‘‘(5) describe how the agency will assist eligible 
entities in increasing the number of English learners 
who acquire English proficiency. 
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155 
‘‘(c) APPROVAL.—The Secretary, after using a peer re-
view process, shall approve a plan submitted under sub-
section (a) if the plan meets the requirements of this section. 
‘‘(d) DURATION OF PLAN.— 
‘‘(1) IN GENERAL.—Each plan submitted by a 
State educational agency and approved under sub-
section (c) shall— 
‘‘(A) remain in effect for the duration of the 
agency’s participation under this chapter; and 
‘‘(B) be periodically reviewed and revised 
by the agency, as necessary, to reflect changes to 
the agency’s strategies and programs carried out 
under this subpart. 
‘‘(2) ADDITIONAL INFORMATION.— 
‘‘(A) AMENDMENTS.—If the State edu-
cational agency amends the plan, the agency 
shall submit such amendment to the Secretary. 
‘‘(B) APPROVAL.—The Secretary shall ap-
prove such amendment to an approved plan, un-
less the Secretary determines that the amend-
ment will result in the agency not meeting the 
requirements, or fulfilling the purposes, of this 
subpart. 
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156 
‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 
subsection (a) may be submitted as part of a consolidated 
plan under section 5302. 
‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 
provide technical assistance, if requested, in the develop-
ment of English proficiency standards and assessments. 
‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 
‘‘(a) IN GENERAL.—After making the reservation re-
quired under subsection (d)(1), each State educational 
agency receiving a grant under section 1191(c)(2) shall 
award subgrants for a fiscal year by allocating in a timely 
manner to each eligible entity in the State having a plan 
approved under section 1195 an amount that bears the same 
relationship to the amount received under the grant and 
remaining after making such reservation as the population 
of English learners in schools served by the eligible entity 
bears to the population of English learners in schools served 
by all eligible entities in the State. 
‘‘(b) LIMITATION.—A State educational agency shall 
not award a subgrant from an allocation made under sub-
section (a) if the amount of such subgrant would be less 
than $10,000. 
‘‘(c) REALLOCATION.—Whenever a State educational 
agency determines that an amount from an allocation made 
to an eligible entity under subsection (a) for a fiscal year 
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will not be used by the entity for the purpose for which 
the allocation was made, the agency shall, in accordance 
with such rules as it determines to be appropriate, reallo-
cate such amount, consistent with such subsection, to other 
eligible entities in the State that the agency determines will 
use the amount to carry out that purpose. 
‘‘(d) REQUIRED RESERVATION.—A State educational 
agency receiving a grant under this chapter for a fiscal 
year— 
‘‘(1) shall reserve not more than 15 percent of the 
agency’s allotment under section 1191(c)(2) to award 
subgrants to eligible entities in the State that have ex-
perienced a significant increase, as compared to the 
average of the 2 preceding fiscal years, in the percent-
age or number of immigrant children and youth, who 
have enrolled, during the fiscal year preceding the fis-
cal year for which the subgrant is made, in public 
and nonpublic elementary schools and secondary 
schools in the geographic areas under the jurisdiction 
of, or served by, such entities; and 
‘‘(2) in awarding subgrants under paragraph 
(1)— 
‘‘(A) shall equally consider eligible entities 
that satisfy the requirement of such paragraph 
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but have limited or no experience in serving im-
migrant children and youth; and 
‘‘(B) shall consider the quality of each local 
plan under section 1195 and ensure that each 
subgrant is of sufficient size and scope to meet 
the purposes of this subpart. 
‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 
‘‘(a) PURPOSES OF SUBGRANTS.—A State educational 
agency may make a subgrant to an eligible entity from 
funds received by the agency under this chapter only if the 
entity agrees to expend the funds to improve the education 
of English learners, by assisting the children to learn 
English and meet State academic standards. In carrying 
out activities with such funds, the eligible entity shall use 
evidence-based approaches and methodologies for teaching 
English learners and immigrant children and youth for the 
following purposes: 
‘‘(1) Developing and implementing new language 
instruction educational programs and academic con-
tent instruction programs for English learners and 
immigrant children and youth, including programs of 
early childhood education, elementary school pro-
grams, and secondary school programs. 
‘‘(2) Carrying out highly focused, innovative, lo-
cally designed, evidence-based activities to expand or 
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enhance existing language instruction educational 
programs and academic content instruction programs 
for English learners and immigrant children and 
youth. 
‘‘(3) Implementing, within an individual school, 
schoolwide programs for restructuring, reforming, and 
upgrading all relevant programs, activities, and oper-
ations relating to language instruction educational 
programs and academic content instruction for 
English learners and immigrant children and youth. 
‘‘(4) Implementing, within the entire jurisdiction 
of a local educational agency, agencywide programs 
for restructuring, reforming, and upgrading all rel-
evant programs, activities, and operations relating to 
language instruction educational programs and aca-
demic content instruction for English learners and 
immigrant children and youth. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible enti-
ty receiving funds under section 1193(a) for a fiscal year 
shall use not more than 2 percent of such funds for the cost 
of administering this chapter. 
‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi-
ble entity receiving funds under section 1193(a) shall use 
the funds— 
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‘‘(1) to increase the English language proficiency 
of English learners by providing high-quality, evi-
dence-based language instruction educational pro-
grams that meet the needs of English learners and 
have demonstrated success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement in the 
core academic subjects; 
‘‘(2) to provide high-quality, evidence-based pro-
fessional development to classroom teachers (including 
teachers in classroom settings that are not the settings 
of language instruction educational programs), school 
leaders, administrators, and other school or commu-
nity-based organization personnel, that is— 
‘‘(A) designed to improve the instruction 
and assessment of English learners; 
‘‘(B) designed to enhance the ability of 
teachers and school leaders to understand and 
implement curricula, assessment practices and 
measures, and instruction strategies for English 
learners; 
‘‘(C) evidence-based in increasing children’s 
English language proficiency or substantially in-
creasing the subject matter knowledge, teaching 
knowledge, and teaching skills of teachers; and 
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‘‘(D) of sufficient intensity and duration 
(which shall not include activities such as one- 
day or short-term workshops and conferences) to 
have a positive and lasting impact on the teach-
ers’ performance in the classroom, except that 
this subparagraph shall not apply to an activity 
that is one component of a long-term, com-
prehensive professional development plan estab-
lished by a teacher and the teacher’s supervisor 
based on an assessment of the needs of the teach-
er, the supervisor, the students of the teacher, 
and any local educational agency employing the 
teacher, as appropriate; and 
‘‘(3) to provide and implement other evidence- 
based activities and strategies that enhance or supple-
ment language instruction educational programs for 
English learners, including parental and community 
engagement activities and strategies that serve to co-
ordinate and align related programs. 
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject 
to subsection (c), an eligible entity receiving funds under 
section 1193(a) may use the funds to achieve one of the pur-
poses described in subsection (a) by undertaking one or 
more of the following activities: 
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‘‘(1) Upgrading program objectives and effective 
instruction strategies. 
‘‘(2) Improving the instruction program for 
English learners by identifying, acquiring, and up-
grading curricula, instruction materials, educational 
software, and assessment procedures. 
‘‘(3) Providing to English learners— 
‘‘(A) tutorials and academic or career edu-
cation for English learners; and 
‘‘(B) intensified instruction. 
‘‘(4) Developing and implementing elementary 
school or secondary school language instruction edu-
cational programs that are coordinated with other 
relevant programs and services. 
‘‘(5) Improving the English language proficiency 
and academic achievement of English learners. 
‘‘(6) Providing community participation pro-
grams, family literacy services, and parent outreach 
and training activities to English learners and their 
families— 
‘‘(A) to improve the English language skills 
of English learners; and 
‘‘(B) to assist parents in helping their chil-
dren to improve their academic achievement and 
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becoming active participants in the education of 
their children. 
‘‘(7) Improving the instruction of English learn-
ers by providing for— 
‘‘(A) the acquisition or development of edu-
cational technology or instructional materials; 
‘‘(B) access to, and participation in, elec-
tronic networks for materials, training, and 
communication; and 
‘‘(C) incorporation of the resources described 
in subparagraphs (A) and (B) into curricula 
and programs, such as those funded under this 
chapter. 
‘‘(8) Carrying out other activities that are con-
sistent with the purposes of this section. 
‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB-
STANTIAL
INCREASES
IN
IMMIGRANT
CHILDREN
AND 
YOUTH.— 
‘‘(1) IN GENERAL.—An eligible entity receiving 
funds under section 1193(d)(1) shall use the funds to 
pay for activities that provide enhanced instructional 
opportunities for immigrant children and youth, 
which may include— 
‘‘(A) family literacy, parent outreach, and 
training activities designed to assist parents to 
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become active participants in the education of 
their children; 
‘‘(B) support for personnel, including para-
professionals who have been specifically trained, 
or are being trained, to provide services to immi-
grant children and youth; 
‘‘(C) provision of tutorials, mentoring, and 
academic or career counseling for immigrant 
children and youth; 
‘‘(D) identification, development, and ac-
quisition of curricular materials, educational 
software, and technologies to be used in the pro-
gram carried out with awarded funds; 
‘‘(E) basic instruction services that are di-
rectly attributable to the presence in the local 
educational agency involved of immigrant chil-
dren and youth, including the payment of costs 
of providing additional classroom supplies, costs 
of transportation, or such other costs as are di-
rectly attributable to such additional basic in-
struction services; 
‘‘(F) other instruction services that are de-
signed to assist immigrant children and youth to 
achieve in elementary schools and secondary 
schools in the United States, such as programs of 
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introduction to the educational system and civics 
education; and 
‘‘(G) activities, coordinated with commu-
nity-based organizations, institutions of higher 
education, private sector entities, or other enti-
ties with expertise in working with immigrants, 
to assist parents of immigrant children and 
youth by offering comprehensive community 
services. 
‘‘(2) DURATION OF SUBGRANTS.—The duration 
of a subgrant made by a State educational agency 
under section 1193(d)(1) shall be determined by the 
agency in its discretion. 
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 
‘‘(1) IN GENERAL.—To receive a subgrant from 
a State educational agency under this chapter, an eli-
gible entity shall select one or more methods or forms 
of instruction to be used in the programs and activi-
ties undertaken by the entity to assist English learn-
ers to attain English language proficiency and meet 
State academic standards. 
‘‘(2) CONSISTENCY.—Such selection shall be con-
sistent with sections 1204 through 1206. 
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 
made available under this chapter shall be used so as to 
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supplement the level of Federal, State, and local public 
funds that, in the absence of such availability, would have 
been expended for programs for English learners and immi-
grant children and youth and in no case to supplant such 
Federal, State, and local public funds. 
‘‘SEC. 1195. LOCAL PLANS. 
‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 
a subgrant from the State educational agency under section 
1193 shall submit a plan to the State educational agency 
at such time, in such manner, and containing such infor-
mation as the State educational agency may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the evidence-based programs and 
activities proposed to be developed, implemented, and 
administered under the subgrant that will help 
English learners increase their English language pro-
ficiency and meet the State academic standards; 
‘‘(2) describe how the eligible entity will hold ele-
mentary schools and secondary schools receiving funds 
under this chapter accountable for annually assessing 
the English language proficiency of all children par-
ticipating under this subpart, consistent with section 
1111(b); 
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