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 
programs under this Act and other Acts, as appro-
priate; 
‘‘(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 
personnel, in targeted assistance schools under sec-
tion 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 
appropriate, 
educational 
services 
outside 
such 
schools for children living in local institutions for ne-
glected and delinquent children, and for neglected 
and delinquent children in community day school 
programs; 
‘‘(9) how the local educational agency will en-
sure that migratory children who are eligible to re-
ceive services under this subpart are selected to re-
ceive such services on the same basis as other chil-
dren who are selected to receive services under this 
subpart; 
‘‘(10) the services the local educational agency 
will provide homeless children, including services 
provided 
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 chil-
dren participating in a Head Start program, which 
services may be provided directly by the local edu-
cational 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 development 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 
strategies, will address disparities in the rates of
low-income and minority students and other stu-
dents 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 pro-
mote skills attainment important to in-demand 
occupations or industries in the State and the 
State’s academic standards under section 
1111(b)(1); and 
‘‘(B) work-based learning opportunities 
that provide students in-depth interaction with 
industry professionals for the purposes of gain-
ing experience and, if appropriate, academic 
credit; 
‘‘(15) if appropriate, how the local educational 
agency will use funds under this subpart to support 
dual enrollment programs, early college high schools, 
and Advanced Placement or International Bacca-
laureate programs; 
‘‘(16) if appropriate, how the local educational 
agency will use funds under this subpart to train 
school counselors to effectively provide students rel-
evant information regarding their individual career 
and postsecondary education goals; and 
‘‘(17) if appropriate, how the local educational 
agency will use funds under this subpart to support 
activities that coordinate and integrate before-school 
and after-school programs, and summer school pro-
grams. 
‘‘(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 Edu-
cational Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from 
Federal, 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 mean-
ingful consultation with private school officials or 
representatives 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 VI; 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, 
and local teacher contracts) to assist local edu-
cational agencies to comply with such subparagraph; 
and 
‘‘(2) disseminate to local educational agencies 
the education performance standards in effect under 
section 641A(a) of the Head Start Act, and such 
agencies affected by such subsection shall plan for 
the implementation of such subsection (taking into 
consideration 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 the 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.—
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall be filed according to a schedule es-
tablished 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 
standards described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this sec-
tion. 
‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to 
determine if such agency’s activities are in accord-
ance with section 1118. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency using funds under this subpart and subpart 
4 to provide a language instruction educational pro-
gram shall, not later than 30 days after the begin-
ning of the school year, inform parents of an 
English learner identified for participation, or par-
ticipating in, such a program of—
‘‘(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 pro-
ficiency, 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 
participating, and the methods of instruction 
used in other available programs, including how 
such programs differ in content, instructional 
goals, and the use of English and a native lan-
guage in instruction; 
‘‘(D) how the program in which their child 
is, or will be participating, will meet the edu-
cational strengths and needs of their child; 
‘‘(E) how such program will specifically 
help their child learn English, and meet age-ap-
propriate academic achievement standards for 
grade promotion and graduation; 
‘‘(F) the specific exit requirements for the 
program, including the expected rate of transi-
tion from such program into classrooms that 
are not tailored for English learners, and the
expected rate of graduation from high school 
for such program if funds under this subpart 
are used for children in secondary schools; 
‘‘(G) in the case of a child with a dis-
ability, how such program meets the objectives 
of the individualized education program of the 
child; and 
‘‘(H) information pertaining to parental 
rights that includes written guidance— 
‘‘(i) detailing— 
‘‘(I) the right that parents have 
to have their child immediately re-
moved from such program upon their 
request; and 
‘‘(II) the options that parents 
have to decline to enroll their child in 
such program or to choose another 
program or method of instruction, if 
available; and 
‘‘(ii) assisting parents in selecting 
among various programs and methods of 
instruction, if more than one program or 
method is offered by the eligible entity. 
‘‘(2) NOTICE.—The notice and information pro-
vided in paragraph (1) to parents of a child identi-
fied for participation in a language instruction edu-
cational program for English learners shall be in an 
understandable and uniform format and, to the ex-
tent practicable, provided in a language that the 
parents can understand. 
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not 
been identified as English learners prior to the be-
ginning of the school year the local educational 
agency shall notify parents within the first 2 weeks 
of the child being placed in a language instruction 
educational program consistent with paragraphs (1) 
and (2). 
‘‘(4) PARENTAL
PARTICIPATION.—Each local 
educational agency receiving funds under this sub-
part shall implement an effective means of outreach 
to parents of English learners to inform the parents 
regarding how the parents can be involved in the 
education of their children, and be active partici-
pants in assisting their children to attain English 
proficiency, achieve at high levels in core academic 
subjects, and meet the State’s academic standards 
expected of all students, including holding, and send-
ing notice of opportunities for, regular meetings for 
the purpose of formulating and responding to rec-
ommendations from parents of students assisted 
under this subpart. 
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 
student shall not be admitted to, or excluded from, 
any federally assisted education program on the 
basis of a surname or language-minority status.’’. 
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
Section 1113 (20 U.S.C. 6313) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) in subsection (c)(4)— 
(A) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B’’; and 
(B) by striking ‘‘school improvement, cor-
rective action, and restructuring under section 
1116(b)’’ and inserting ‘‘school improvement 
under section 1111(b)(3)(B)(iii)’’. 
SEC. 115. SCHOOLWIDE PROGRAMS. 
Section 1114 (20 U.S.C. 6314) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘part’’ and inserting 
‘‘subpart’’; and 
(ii) by striking ‘‘in which’’ through 
‘‘such families’’;
(B) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘children with 
limited English proficiency’’ and in-
serting ‘‘English learners’’; and 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(C) in paragraph (3)(B), by striking 
‘‘maintenance of effort,’’ after ‘‘private school 
children,’’; and 
(D) by striking paragraph (4); 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(including’’ and 
all that follows through ‘‘1309(2))’’; 
and 
(II) by striking ‘‘content stand-
ards and the State student academic 
achievement standards’’ and inserting 
‘‘standards’’; 
(ii) in subparagraph (B)—
(I) in clause (i), by striking ‘‘pro-
ficient’’ and all that follows through 
‘‘section 1111(b)(1)(D)’’ and inserting 
‘‘academic standards described in sec-
tion 1111(b)(1)’’; 
(II) in clause (ii), in the matter 
preceding subclause (I), by striking 
‘‘based on scientifically based re-
search’’ 
and 
inserting 
‘‘evidence- 
based’’; 
(III) in clause (iii)— 
(aa) in subclause (I)— 
(AA) by striking ‘‘stu-
dent academic achievement 
standards’’ 
and 
inserting 
‘‘academic standards’’; and 
(BB) 
by 
striking 
‘‘schoolwide program,’’ and 
all 
that 
follows 
through 
‘‘technical 
education 
pro-
grams; and’’ and inserting 
‘‘schoolwide programs; and’’; 
and 
(bb) in subclause (II), by 
striking ‘‘and’’;
(IV) in clause (iv)— 
(aa) by striking ‘‘the State 
and local improvement plans’’ 
and inserting ‘‘school improve-
ment strategies’’; and 
(bb) by striking the period 
and inserting ‘‘; and’’; and 
(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 achieve-
ment.’’; 
(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(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’’; 
(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 ‘‘sec-
tion 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 
(bb) by striking ‘‘and its 
school support team or other 
technical 
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 sec-
tion 1117,’’; and 
(bb) in subclause (II), by 
striking ‘‘No Child Left Behind 
Act of 2001’’ and inserting ‘‘Stu-
dent Success Act’’; 
(II) in clause (ii)— 
(aa) by striking ‘‘(including 
administrators of programs de-
scribed in other parts of this 
title)’’; and 
(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
(III) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(IV) in clause (v), by striking 
‘‘Reading First, Early Reading First, 
Even Start,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(B) by striking ‘‘6,’’ and all that follows 
through the period at the end and inserting 
‘‘6.’’. 
SEC. 116. TARGETED ASSISTANCE SCHOOLS. 
Section 1115 (20 U.S.C. 6315) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘are ineligible for a 
schoolwide program under section 1114, or 
that’’; 
(B) by striking ‘‘operate such’’ and insert-
ing ‘‘operate’’; and
(C) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘chal-
lenging student academic achievement’’ and in-
serting ‘‘academic’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘limited English 
proficient children’’ and inserting 
‘‘English learners’’; and 
(II) by striking ‘‘part’’ each place 
it appears and inserting ‘‘subpart’’; 
(ii) in subparagraph (B)— 
(I) in the heading, by striking ‘‘, 
EVEN
START, OR
EARLY
READING 
FIRST’’; 
(II) by striking ‘‘, Even Start, or 
Early Reading First’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iii) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘SUBPART
CHIL-
DREN.—’’;
(II) by striking ‘‘part C’’ and in-
serting ‘‘subpart 3’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(C) in paragraph (3), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’;
(iii) in subparagraph (B), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(iv) in subparagraph (C)— 
(I) in the matter preceding clause 
(i), by striking ‘‘based on scientifically 
based research’’ and inserting ‘‘evi-
dence-based’’; and 
(II) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(v) in subparagraph (D), by striking 
‘‘such as Head Start, Even Start, Early 
Reading First or State-run preschool pro-
grams’’; 
(vi) in subparagraph (E), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(vii) in subparagraph (F)— 
(I) by striking ‘‘in accordance 
with subsection (e)(3) and section 
1119,’’; 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(III) by striking ‘‘pupil services 
personnel’’ and inserting ‘‘specialized 
instructional support personnel’’; and
(viii) in subparagraph (H), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘proficient and ad-
vanced levels of achievement’’ and insert-
ing ‘‘academic standards’’; 
(ii) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(iii) in subparagraph (B), by striking 
‘‘challenging student academic achieve-
ment’’ and inserting ‘‘academic’’; 
(4) in subsection (d), in the matter preceding 
paragraph (1), by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘subpart’’; 
(5) in subsection (e)— 
(A) in paragraph (2)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(ii) in clause (iii), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized in-
structional support services’’; and 
(B) by striking paragraph (3); and
(6) by adding at the end the following new sub-
section: 
‘‘(f) DELIVERY OF SERVICES.—The elements of a 
targeted assistance program under this section may be de-
livered by nonprofit or for-profit external providers with 
expertise in using evidence-based or other effective strate-
gies to improve student achievement.’’. 
SEC. 
117. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT; SCHOOL SUPPORT AND RECOGNITION. 
The Act is amended by repealing sections 1116 and 
1117 (20 U.S.C. 6316; 6317). 
SEC. 118. PARENTAL INVOLVEMENT. 
Section 1118 (20 U.S.C. 6318) is amended— 
(1) by striking ‘‘part’’ each place such term ap-
pears and inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
and’’ and all that follows through ‘‘1116’’; 
and 
(ii) in subparagraph (D), by striking 
‘‘, such as’’ and all that follows through 
‘‘preschool programs’’; and
(B) in paragraph (3)(A), by striking ‘‘sub-
part 2 of this part’’ each place it appears and 
inserting ‘‘chapter B of this subpart’’; 
(3) by amending subsection (c)(4)(B) to read as 
follows: 
‘‘(B) a description and explanation of the 
curriculum in use at the school and the forms 
of academic assessment used to measure stu-
dent progress; and’’; 
(4) in subsection (d)(1), by striking ‘‘student 
academic achievement’’ and inserting ‘‘academic’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘State’s 
academic content standards and State student 
academic achievement standards’’ and inserting 
‘‘State’s academic standards’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘pupil services per-
sonnel,’’ and inserting ‘‘specialized instruc-
tional support personnel,’’; and 
(ii) by striking ‘‘principals,’’ and in-
serting ‘‘school leaders,’’; and 
(C) in paragraph (4), by striking ‘‘Head 
Start, Reading First, Early Reading First, 
Even Start, the Home Instruction Programs for
Preschool Youngsters, the Parents as Teachers 
Program, and public preschool and other’’ and 
inserting ‘‘other Federal, State, and local’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FAMILY ENGAGEMENT
IN EDUCATION PRO-
GRAMS.—In a State operating a program under subpart 
3 of part A of title III, each local educational agency or 
school that receives assistance under this subpart shall in-
form such parents and organizations of the existence of 
such programs.’’. 
SEC. 119. QUALIFICATIONS FOR PARAPROFESSIONALS. 
Section 1119 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6319) is amended— 
(1) by striking subsections (a), (b), (d), (i), (j), 
(k), and (l); 
(2) by redesignating subsection (c) as sub-
section (a); 
(3) by redesignating subsections (e) through (h) 
as subsections (b) through (e), respectively; 
(4) in subsection (a), as redesignated by para-
graph (2), by striking ‘‘hired after the date of enact-
ment of the No Child Left Behind Act of 2001 
and’’;
(5) in subsection (b), as redesignated by para-
graph (3), by striking ‘‘Subsections (c) and (d)’’ and 
inserting ‘‘Subsection (a)’’; and 
(6) in the section heading, by striking ‘‘TEACH-
ERS AND’’. 
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended to read 
as follows: 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
‘‘(1) IN
GENERAL.—To the extent consistent 
with the number of eligible children identified under 
section 1115(b) in the school district served by a 
local educational agency who are enrolled in private 
elementary schools and secondary schools, a local 
educational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
representatives, provide such service, on an eq-
uitable basis and individually or in combination, 
as requested by the officials or representatives 
to best meet the needs of such children, special 
educational services, instructional services (in-
cluding evaluations to determine students’ 
progress in their academic needs), counseling, 
mentoring, one-on-one tutoring, or other bene-
fits under this subpart (such as dual enroll-
ment, educational radio and television, com-
puter equipment and materials, other tech-
nology, and mobile educational services and 
equipment) that address their needs; and 
‘‘(B) ensure that teachers and families of 
the children participate, on an equitable basis, 
in services and activities developed pursuant to 
this subpart. 
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 
Such educational services or other benefits, including 
materials and equipment, shall be secular, neutral, 
and nonideological. 
‘‘(3) EQUITY.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits for such private school chil-
dren shall be equitable in comparison to serv-
ices and other benefits for public school chil-
dren participating under this subpart, and shall 
be provided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such 
equity for such private school children, teach-
ers, and other educational personnel, the State 
educational agency involved shall designate an 
ombudsman to monitor and enforce the require-
ments of this subpart. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children shall be equal to the ex-
penditures for participating public school chil-
dren, taking into account the number, and edu-
cational needs, of the children to be served. The 
share of funds shall be determined based on the 
total allocation received by the local educational 
agency prior to any allowable expenditures au-
thorized under this title. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agen-
cy; and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to
serve such children in the following fiscal 
year. 
‘‘(C) 
NOTICE
OF
ALLOCATION.—Each 
State educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency or, in a case described in subsection 
(b)(6)(C), the State educational agency involved, 
may provide services under this section directly or 
through contracts with public or private agencies, 
organizations, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a local educational agency 
shall consult with appropriate private school officials
or representatives during the design and develop-
ment of such agency’s programs under this subpart 
in order to reach an agreement between the agency 
and the officials or representatives about equitable 
and effective programs for eligible private school 
children, the results of which shall be transmitted to 
the 
designated 
ombudsmen 
under 
section 
1120(a)(3)(B). Such process shall include consulta-
tion on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, and the proportion of funds 
that is allocated under subsection (a)(4)(A) for 
such services, how that proportion of funds is 
determined under such subsection, and an 
itemization of the costs of the services to be 
provided;
‘‘(F) the method or sources of data that 
are used under subsection (c) and section 
1113(c)(1) to determine the number of children 
from low-income families in participating school 
attendance areas who attend private schools; 
‘‘(G) how and when the agency will make 
decisions about the delivery of services to such 
children, including a thorough consideration 
and analysis of the views of the private school 
officials or representatives on the provision of 
services through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or represent-
atives on the provision of services through a 
contract, the local educational agency will pro-
vide in writing to such private school officials 
an analysis of the reasons why the local edu-
cational agency has chosen not to use a con-
tractor; 
‘‘(I) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public and private agencies, organi-
zations, and institutions;
‘‘(J) whether to provide equitable services 
to eligible private school children— 
‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
subsection (a)(4) based on all the children 
from low-income families who attend pri-
vate schools in a participating school at-
tendance area of the agency from which 
the local educational agency will provide 
such services to all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
agency’s participating school attendance 
area with the proportion of funds allocated 
under subsection (a)(4) based on the num-
ber of children from low-income families 
who attend such school; 
‘‘(K) at what time and where services will 
be provided; and 
‘‘(L) whether to consolidate and use funds 
under this subpart to provide schoolwide pro-
grams for a private school. 
‘‘(2) DISAGREEMENT.—If a local educational 
agency disagrees with the views of private school of-
ficials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agen-
cy shall provide in writing to such private school of-
ficials an analysis of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials. 
‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or 
representatives and shall occur before the local edu-
cational agency makes any decision that affects the 
opportunities of eligible private school children to 
participate in programs under this subpart. Such 
meetings shall continue throughout implementation 
and assessment of services provided under this sec-
tion. 
‘‘(4) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a 
local educational agency can use to provide equitable 
services to eligible private school children. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or representa-
tives of each participating private school that the 
meaningful consultation required by this section has 
occurred. The written affirmation shall provide the
option for private school officials or representatives 
to indicate that timely and meaningful consultation 
has not occurred or that the program design is not 
equitable with respect to eligible private school chil-
dren. If such officials or representatives do not pro-
vide such affirmation within a reasonable period of 
time, the local educational agency shall forward the 
documentation that such consultation has, or at-
tempts at such consultation have, taken place to the 
State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school offi-
cial shall have the right to file a complaint with 
the State educational agency that the local edu-
cational agency did not engage in consultation 
that was meaningful and timely, did not give 
due consideration to the views of the private 
school official, or did not treat the private 
school or its students equitably as required by 
this section. 
‘‘(B) PROCEDURE.—If the private school 
official wishes to file a complaint, the official 
shall provide the basis of the noncompliance 
with this section by the local educational agency 
to the State educational agency, and the local
educational agency shall forward the appro-
priate documentation to the State educational 
agency. 
‘‘(C) STATE EDUCATIONAL AGENCIES.—A 
State educational agency shall provide services 
under this section directly or through contracts 
with public or private agencies, organizations, 
and institutions, if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency involved has not 
met the requirements of this section; 
or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in a participating school at-
tendance area of the agency that are
not being served by the agency’s pro-
gram under this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a partici-
pating school attendance area of the 
agency are not being served by the 
agency’s program under this section. 
‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI-
VATE SCHOOL STUDENTS.— 
‘‘(1) CALCULATION.—A local educational agen-
cy shall have the final authority, consistent with this 
section, to calculate the number of children, ages 5 
through 17, who are from low-income families and 
attend private schools by— 
‘‘(A) using the same measure of low in-
come used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fam-
ilies of private school students, and allowing 
such survey results to be extrapolated if com-
plete actual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance 
area, determined pursuant to this section, to
the number of private school children who re-
side in that school attendance area; or 
‘‘(D) using an equated measure of low in-
come correlated with the measure of low income 
used to count public school children. 
‘‘(2) COMPLAINT
PROCESS.—Any dispute re-
garding low-income data for private school students 
shall be subject to the complaint process authorized 
in section 6503. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this subpart, and title to materials, 
equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall 
administer such funds, materials, equipment, and 
property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) PROVIDER.—The provision of services 
under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through a contract by such pub-
lic agency with an individual, association, 
agency, or organization.
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, asso-
ciation, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or 
contract shall be under the control and super-
vision of such public agency. 
‘‘(e) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for 
the participation in programs on an equitable basis of eli-
gible children enrolled in private elementary schools and 
secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is un-
willing to provide for such participation, as required by 
this section, the Secretary shall— 
‘‘(1) waive the requirements of this section for 
such local educational agency; 
‘‘(2) arrange for the provision of services to 
such children through arrangements that shall be 
subject to the requirements of this section and sec-
tions 6503 and 6504; and 
‘‘(3) in making the determination under this 
subsection, consider one or more factors, including 
the quality, size, scope, and location of the program
and the opportunity of eligible children to partici-
pate.’’. 
SEC. 121. FISCAL REQUIREMENTS. 
Section 1120A (20 U.S.C. 6321) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) by striking subsection (a) and redesignating 
subsections (b), (c), and (d) as subsections (a), (b), 
and (c), respectively. 
SEC. 122. COORDINATION REQUIREMENTS. 
Section 1120B (20 U.S.C. 6322) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) by striking ‘‘such as the Early Reading 
First program’’; and 
(B) by adding at the end the following new 
sentence: ‘‘Each local educational agency shall 
develop agreements with such Head Start agen-
cies and other entities to carry out such activi-
ties.’’; and 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, such as the Early Reading First 
program,’’;