515 
‘‘SUBPART 4—FEDERAL ADMINISTRATION 
‘‘SEC. 6141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION. 
‘‘(a) MEMBERSHIP.—There is established a National 
Advisory Council on Indian Education (hereafter in this 
section referred to as the ‘Council’), which shall— 
‘‘(1) consist of 15 Indian members, who shall 
be appointed by the President from lists of nominees 
furnished, from time to time, by Indian tribes and 
organizations; and 
‘‘(2) represent different geographic areas of the 
United States. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) advise the Secretary concerning the fund-
ing and administration (including the development of 
regulations and administrative policies and prac-
tices) of any program, including any program estab-
lished under this part— 
‘‘(A) with respect to which the Secretary 
has jurisdiction; and 
‘‘(B)(i) that includes Indian children or 
adults as participants; or 
‘‘(ii) that may benefit Indian children or 
adults;
516 
‘‘(2) make recommendations to the Secretary 
for filling the position of Director of Indian Edu-
cation whenever a vacancy occurs; and 
‘‘(3) submit to Congress, not later than June 
30 of each year, a report on the activities of the 
Council, including— 
‘‘(A) any recommendations that the Coun-
cil considers appropriate for the improvement of 
Federal education programs that include Indian 
children or adults as participants, or that may 
benefit Indian children or adults; and 
‘‘(B) 
recommendations 
concerning 
the 
funding of any program described in subpara-
graph (A). 
‘‘SEC. 6142. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under sub-
part 2 or subpart 3. 
‘‘SEC. 6143. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under subpart 2 or subpart 3, the 
Secretary shall give a preference to Indian tribes, organi-
zations, and institutions of higher education under any 
program with respect to which Indian tribes, organiza-
517 
tions, and institutions are eligible to apply for grants, con-
tracts, or cooperative agreements. 
‘‘SEC. 6144. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under subpart 
2 or subpart 3 unless the application is for a grant, con-
tract, or cooperative agreement that is— 
‘‘(1) of sufficient size, scope, and quality to 
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and 
‘‘(2) based on relevant research findings. 
‘‘SUBPART 5—DEFINITIONS; AUTHORIZATIONS OF 
APPROPRIATIONS 
‘‘SEC. 6151. DEFINITIONS. 
‘‘For the purposes of this part: 
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who— 
‘‘(A) has attained the age of 16 years; or 
‘‘(B) has attained an age that is greater 
than the age of compulsory school attendance 
under an applicable State law. 
‘‘(2) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is—
518 
‘‘(A) provided at public expense, under 
public supervision and direction, and without 
tuition charge; and 
‘‘(B) provided as elementary or secondary 
education in the applicable State or to preschool 
children. 
‘‘(3) INDIAN.—The term ‘Indian’ means an in-
dividual who is— 
‘‘(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
‘‘(i) any tribe or band terminated 
since 1940; and 
‘‘(ii) any tribe or band recognized by 
the State in which the tribe or band re-
sides; 
‘‘(B) a descendant, in the first or second 
degree, of an individual described in subpara-
graph (A); 
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose; 
‘‘(D) an Alaska Native, as defined in sec-
tion 6206(1); or 
‘‘(E) a member of an organized Indian 
group that received a grant under the Indian
519 
Education Act of 1988 as in effect the day pre-
ceding the date of enactment of the Improving 
America’s Schools Act of 1994. 
‘‘(4) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ has the same 
meaning as defined in section 6206(2). 
‘‘SEC. 6152. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) SUBPART 1.—For the purpose of carrying out 
subpart 1, there are authorized to be appropriated 
$98,245,425 for each of fiscal years 2014 through 2019. 
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car-
rying out subparts 2 and 3, there are authorized to be 
appropriated $33,303,534 for each of fiscal years 2014 
through 2019. 
‘‘PART B—ALASKA NATIVE EDUCATION 
‘‘SEC. 6201. SHORT TITLE. 
‘‘This part may be cited as the ‘Alaska Native Edu-
cational Equity, Support, and Assistance Act’. 
‘‘SEC. 6202. FINDINGS. 
‘‘Congress finds and declares the following: 
‘‘(1) The preservation of culture and language 
is critical to the attainment of educational success, 
to the betterment of the conditions, and to the long- 
term well-being, of Alaska Natives. Alaska Native
520 
students must be afforded a culturally relevant edu-
cation. 
‘‘(2) It is the policy of the Federal Government 
to maximize the leadership of and participation by 
Alaska Natives in the planning and the management 
of Alaska Native education programs and to support 
efforts developed by and undertaken within the Alas-
ka Native community to improve educational oppor-
tunity for all students. 
‘‘(3) Many Alaska Native children enter and 
exit school with serious educational disadvantages. 
‘‘(4) Overcoming the magnitude of the geo-
graphic challenges, historical inequities, and other 
barriers to successfully improving educational out-
comes for Alaska Native students in rural, village, 
and urban settings is challenging. Significant dis-
parities between academic achievement of Alaska 
Native students and non-Native students continues, 
including lower graduation rates, increased school 
dropout rates, and lower achievement scores on 
standardized tests. 
‘‘(5) The preservation of Alaska Native cultures 
and languages and the integration of Alaska Native 
cultures and languages into education, positive iden-
tity development for Alaska Native students, and
521 
local, place-based, and culture-based programming 
are critical to the attainment of educational success 
and the long-term well-being of Alaska Native stu-
dents. 
‘‘(6) Improving educational outcomes for Alaska 
Native students increases access to employment op-
portunities. 
‘‘(7) The programs and activities authorized 
under this part give priority to Alaska Native orga-
nizations as a means of increasing Alaska Native 
parents’ and community involvement in the pro-
motion of academic success of Alaska Native stu-
dents. 
‘‘(8) The Federal Government should lend sup-
port to efforts developed by and undertaken within 
the Alaska Native community to improve educational 
opportunity for Alaska Native students. In 1983, 
pursuant to Public Law 98–63, Alaska ceased to re-
ceive educational funding from the Bureau of Indian 
Affairs. The Bureau of Indian Education does not 
operate any schools in Alaska, nor operate or fund 
Alaska Native education programs. The program 
under this part supports the Federal trust responsi-
bility of the United States to Alaska Natives.
522 
‘‘SEC. 6203. PURPOSES. 
‘‘The purposes of this part are as follows: 
‘‘(1) To recognize and address the unique edu-
cational needs of Alaska Natives. 
‘‘(2) To recognize the role of Alaska Native lan-
guages and cultures in the educational success and 
long-term well-being of Alaska Native students. 
‘‘(3) To integrate Alaska Native cultures and 
languages into education, develop Alaska Native stu-
dents’ positive identity, and support local place- 
based and culture-based curriculum and program-
ming. 
‘‘(4) To authorize the development, manage-
ment, and expansion of effective supplemental edu-
cational programs to benefit Alaska Natives. 
‘‘(5) To provide direction and guidance to ap-
propriate Federal, State, and local agencies to focus 
resources, including resources made available under 
this part, on meeting the educational needs of Alas-
ka Natives. 
‘‘(6) To ensure the maximum participation by 
Alaska Native educators and leaders in the planning, 
development, management, and evaluation of pro-
grams designed to serve Alaska Natives students, 
and to ensure Alaska Native organizations play a
523 
meaningful role in supplemental educational services 
provided to Alaska Native students. 
‘‘SEC. 6204. PROGRAM AUTHORIZED. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) GRANTS AND CONTRACTS.—The Secretary 
is authorized to make grants to, or enter into con-
tracts with, Alaska Native organizations, State edu-
cational agencies, local educational agencies, edu-
cational entities with experience in developing or op-
erating Alaska Native educational programs or pro-
grams of instruction conducted in Alaska Native lan-
guages, cultural and community-based organizations 
with experience in developing or operating programs 
to benefit the educational needs of Alaska Natives, 
and consortia of organizations and entities described 
in this paragraph, to carry out programs that meet 
the purposes of this part. 
‘‘(2) ADDITIONAL
REQUIREMENT.—A State 
educational agency, local educational agency, edu-
cational entity with experience in developing or oper-
ating Alaska Native educational programs or pro-
grams of instruction conducted in Alaska Native lan-
guages, cultural and community-based organization 
with experience in developing or operating programs 
to benefit the educational needs of Alaska Natives,
524 
or consortium of such organizations and entities is 
eligible for an award under this part only as part of 
a partnership involving an Alaska Native organiza-
tion. 
‘‘(3) MANDATORY ACTIVITIES.—Activities pro-
vided through the programs carried out under this 
part shall include the following which shall only be 
provided specifically in the context of elementary 
and secondary education: 
‘‘(A) The development and implementation 
of plans, methods, and strategies to improve the 
education of Alaska Natives. 
‘‘(B) The collection of data to assist in the 
evaluation of the programs carried out under 
this part. 
‘‘(4) PERMISSIBLE ACTIVITIES.—Activities pro-
vided through programs carried out under this part 
may include the following which shall only be pro-
vided specifically in the context of elementary and 
secondary education: 
‘‘(A) The development of curricula and 
programs that address the educational needs of 
Alaska Native students, including the following:
525 
‘‘(i) Curriculum materials that reflect 
the cultural diversity, languages, history, 
or the contributions of Alaska Natives. 
‘‘(ii) 
Instructional 
programs 
that 
make use of Alaska Native languages and 
cultures. 
‘‘(iii) Networks that develop, test, and 
disseminate best practices and introduce 
successful programs, materials, and tech-
niques to meet the educational needs of 
Alaska Native students in urban and rural 
schools. 
‘‘(B) Training and professional develop-
ment activities for educators, including the fol-
lowing: 
‘‘(i) Pre-service and in-service training 
and professional development programs to 
prepare teachers to develop appreciation 
for and understanding of Alaska Native 
cultures, values, ways of knowing and 
learning in order to effectively address the 
cultural diversity and unique needs of 
Alaska Native students. 
‘‘(ii) Recruitment and preparation of 
teachers who are Alaska Native.
526 
‘‘(iii) Programs that will lead to the 
certification and licensing of Alaska Native 
teachers, principals, and superintendents. 
‘‘(C) The development and operation of 
student enrichment programs, including those 
in science, technology, engineering, and mathe-
matics that— 
‘‘(i) are designed to prepare Alaska 
Native students to excel in such subjects; 
‘‘(ii) provide appropriate support serv-
ices to the families of such students that 
are needed to enable such students to ben-
efit from the programs; and 
‘‘(iii) include activities that recognize 
and support the unique cultural and edu-
cational needs of Alaska Native children, 
and incorporate appropriately qualified 
Alaska Native elders and other tradition 
bearers. 
‘‘(D) Research and data collection activi-
ties to determine the educational status and 
needs of Alaska Native children. 
‘‘(E) Other research and evaluation activi-
ties related to programs carried out under this 
part.
527 
‘‘(F) Remedial and enrichment programs 
to assist Alaska Native students to be college or 
career ready upon graduation from high school. 
‘‘(G) Culturally based education programs 
designed and provided by an entity with dem-
onstrated experience in— 
‘‘(i) providing programs of study, both 
on site and in local schools, to share the 
rich and diverse cultures of Alaska Native 
peoples among youth, elders, teachers, and 
the larger community; 
‘‘(ii) instructing Alaska Native youth 
in leadership, communication, Native cul-
ture, arts, and languages; 
‘‘(iii) increasing the high school grad-
uation rate of Alaska Native students who 
are served; 
‘‘(iv) providing instruction in Alaska 
Native history and ways of living to stu-
dents and teachers in the local school dis-
trict; 
‘‘(v) providing intergenerational learn-
ing and internship opportunities to Alaska 
Native youth and young adults; and
528 
‘‘(vi) providing cultural immersion ac-
tivities aimed at Alaska Native cultural 
preservation. 
‘‘(H) Statewide on-site exchange programs, 
for both students and teachers, that work to fa-
cilitate cultural relationships between urban and 
rural Alaskans to build mutual respect and un-
derstanding, and foster a statewide sense of 
common identity through host family, school, 
and community cross-cultural immersion. 
‘‘(I) Education programs for at-risk urban 
Alaska Native students in kindergarten through 
grade 12 that work to increase graduation rates 
among such students and that— 
‘‘(i) include culturally-informed cur-
riculum intended to preserve and promote 
Alaska Native culture; 
‘‘(ii) partner effectively with the local 
school district by providing a school-within- 
a school program model; 
‘‘(iii) provide high-quality academic 
instruction, small classroom sizes, and so-
cial-emotional support for students from 
elementary school through high school, in-
cluding residential support;
529 
‘‘(iv) work with parents to increase 
parental involvement in their students’ 
education; 
‘‘(v) work to improve academic pro-
ficiency and increase graduation rates; 
‘‘(vi) provide college preparation and 
career planning; and 
‘‘(vii) incorporate a strong data collec-
tion and continuous evaluation component 
at all levels of the program. 
‘‘(J) Statewide programs that provide tech-
nical assistance and support to schools and 
communities to engage adults in promoting the 
academic progress and overall well-being of 
Alaska Native people through child and youth 
development, positive youth-adult relationships, 
improved conditions for learning (school cli-
mate, student connection to school and commu-
nity), 
and 
increased 
connections 
between 
schools and families. 
‘‘(K) Career preparation activities to en-
able Alaska Native children and adults to pre-
pare for meaningful employment, including pro-
grams providing tech-prep, mentoring, training, 
and apprenticeship activities.
530 
‘‘(L) Support for the development and 
operational activities of regional vocational 
schools in rural areas of Alaska to provide stu-
dents with necessary resources to prepare for 
skilled employment opportunities. 
‘‘(M) Other activities, consistent with the 
purposes of this part, to meet the educational 
needs of Alaska Native children and adults. 
‘‘(N) Regional leadership academies that 
demonstrate effectiveness in building respect, 
understanding, and fostering a sense of Alaska 
Native identity to promote their pursuit of and 
success in completing higher education or ca-
reer training. 
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of funds provided to an award recipi-
ent under this part for any fiscal year may be used for 
administrative purposes. 
‘‘(c) PRIORITIES.—In awarding grants or contracts 
to carry out activities described in this subpart, the Sec-
retary shall give priority to applications from Alaska Na-
tive Organizations. Such priority shall be explicitly delin-
eated in the Secretary’s process for evaluating applications 
and applied consistently and transparently to all applica-
tions from Alaska Native Organizations.
531 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this part 
$31,453,135 for each of fiscal years 2014 through 2019. 
‘‘SEC. 6205. ADMINISTRATIVE PROVISIONS. 
‘‘(a) APPLICATION REQUIRED.— 
‘‘(1) IN
GENERAL.—No grant may be made 
under this part, and no contract may be entered into 
under this part, unless the Alaska Native organiza-
tion or entity seeking the grant or contract submits 
an application to the Secretary in such form, in such 
manner, and containing such information as the Sec-
retary may determine necessary to carry out the pro-
visions of this part. 
‘‘(2) REQUIREMENT
FOR
CERTAIN
APPLI-
CANTS.—An 
applicant 
described 
in 
section 
6204(a)(2) shall, in the application submitted under 
this paragraph— 
‘‘(A) demonstrate that an Alaska Native 
organization was directly involved in the devel-
opment of the program for which the applica-
tion seeks funds and explicitly delineate the 
meaningful role that the Alaska Native organi-
zation will play in the implementation and eval-
uation of the program for which funding is 
sought; and
532 
‘‘(B) provide a copy of the Alaska Native 
organization’s governing document. 
‘‘(b) CONSULTATION REQUIRED.—Each applicant for 
an award under this part shall provide for ongoing advice 
from and consultation with representatives of the Alaska 
Native community. 
‘‘(c) LOCAL
EDUCATIONAL
AGENCY
COORDINA-
TION.—Each applicant for an award under this part shall 
inform each local educational agency serving students who 
would participate in the program to be carried out under 
the grant or contract about the application. 
‘‘(d) CONTINUATION AWARDS.—An applicant de-
scribed in section 6204(a)(2) that receives funding under 
this part shall periodically demonstrate to the Secretary, 
during the term of the award, that the applicant is con-
tinuing to meet the requirements of subsection (a)(2)(A). 
‘‘SEC. 6206. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ has the same meaning as the term ‘Native ’ has 
in section 3(b) of the Alaska Native Claims Settle-
ment Act and their descendants. 
‘‘(2) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native organization’ means a federally 
recognized tribe, consortium of tribes, regional non-
533 
profit Native association, and an organization, 
that— 
‘‘(A) has or commits to acquire expertise 
in the education of Alaska Natives; and 
‘‘(B) has Alaska Natives in substantive 
and policymaking positions within the organiza-
tion. 
‘‘PART C—NATIVE HAWAIIAN EDUCATION 
‘‘SEC. 6301. FINDINGS. 
‘‘Congress finds the following: 
‘‘(1) Native Hawaiians are a distinct and 
unique indigenous people with a historical continuity 
to the original inhabitants of the Hawaiian archi-
pelago, whose society was organized as a nation and 
internationally recognized as a nation by the United 
States, and many other countries. 
‘‘(2) Native Hawaiians have a cultural, historic, 
and land-based link to the indigenous people who ex-
ercised sovereignty over the Hawaiian Islands. 
‘‘(3) The political status of Native Hawaiians is 
comparable to that of American Indians and Alaska 
Natives. 
‘‘(4) The political relationship between the 
United States and the Native Hawaiian people has 
been recognized and reaffirmed by the United
534 
States, as evidenced by the inclusion of Native Ha-
waiians in many Federal statutes, including— 
‘‘(A) the Native American Programs Act of 
1974 (42 U.S.C. 2991 et seq.); 
‘‘(B) Public Law 95–341 (commonly 
known as the ‘American Indian Religious Free-
dom Act’ (42 U.S.C. 1996)); 
‘‘(C) the National Museum of the Amer-
ican Indian Act (20 U.S.C. 80q et seq.); 
‘‘(D) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.); 
‘‘(E) the National Historic Preservation 
Act (16 U.S.C. 470 et seq.); 
‘‘(F) the Native American Languages Act 
(25 U.S.C. 2901 et seq.); 
‘‘(G) the American Indian, Alaska Native, 
and Native Hawaiian Culture and Art Develop-
ment Act (20 U.S.C. 4401 et seq.); 
‘‘(H) the Workforce Investment Act of 
1998 (29 U.S.C. 2801 et seq.); and 
‘‘(I) the Older Americans Act of 1965 (42 
U.S.C. 3001 et seq.). 
‘‘(5) Many Native Hawaiian students lag be-
hind other students in terms of—
535 
‘‘(A) school readiness factors; 
‘‘(B) scoring below national norms on edu-
cation achievement tests at all grade levels; 
‘‘(C) underrepresentation in the uppermost 
achievement levels and in gifted and talented 
programs; 
‘‘(D) overrepresentation among students 
qualifying for special education programs; 
‘‘(E) underrepresentation in institutions of 
higher education and among adults who have 
completed 4 or more years of college. 
‘‘(6) The percentage of Native Hawaiian stu-
dents served by the State of Hawaii Department of 
Education rose 30 percent from 1980 to 2008, and 
there are and will continue to be geographically 
rural, isolated areas with a high Native Hawaiian 
population density. 
‘‘(7) The Native Hawaiian people are deter-
mined to preserve, develop, and transmit to future 
generations their ancestral territory and their cul-
tural identity in accordance with their own spiritual 
and traditional beliefs, customs, practices, language, 
and social institutions. 
‘‘SEC. 6302. PURPOSES. 
‘‘The purposes of this part are—
536 
‘‘(1) to authorize, develop, implement, assess, 
and evaluate innovative educational programs, Na-
tive Hawaiian language medium programs, Native 
Hawaiian culture-based education programs, and 
other education programs to improve the academic 
achievement of Native Hawaiian students by meet-
ing their unique cultural and language needs in 
order to help such students meet challenging State 
student academic achievement standards; 
‘‘(2) to provide guidance to appropriate Fed-
eral, State, and local agencies to more effectively 
and efficiently focus resources, including resources 
made available under this part, on the development 
and implementation of— 
‘‘(A) innovative educational programs for 
Native Hawaiians; 
‘‘(B) rigorous and substantive Native Ha-
waiian language programs; and 
‘‘(C) Native Hawaiian culture-based edu-
cational programs; and 
‘‘(3) to create a system by which information 
from programs funded under this part will be col-
lected, analyzed, evaluated, reported, and used in de-
cisionmaking activities regarding the types of grants 
awarded under this part.
537 
‘‘SEC. 
6303. 
NATIVE 
HAWAIIAN 
EDUCATION 
COUNCIL 
GRANT. 
‘‘(a) GRANT AUTHORIZED.—In order to better effec-
tuate the purposes of this part through the coordination 
of educational and related services and programs available 
to Native Hawaiians, including those programs that re-
ceive funding under this part, the Secretary shall award 
a grant to an education council, as described under sub-
section (b). 
‘‘(b) EDUCATION COUNCIL.— 
‘‘(1) ELIGIBILITY.—To be eligible to receive the 
grant under subsection (a), the council shall be an 
education council (referred to in this section as the 
‘Education Council’) that meets the requirements of 
this subsection. 
‘‘(2) COMPOSITION.—The Education Council 
shall consist of 15 members of whom— 
‘‘(A) one shall be the President of the Uni-
versity of Hawaii (or a designee); 
‘‘(B) one shall be the Governor of the 
State of Hawaii (or a designee); 
‘‘(C) one shall be the Superintendent of 
the State of Hawaii Department of Education 
(or a designee); 
‘‘(D) one shall be the chairperson of the 
Office of Hawaiian Affairs (or a designee);
538 
‘‘(E) one shall be the executive director of 
Hawaii’s Charter School Network (or a des-
ignee); 
‘‘(F) one shall be the chief executive officer 
of the Kamehameha Schools (or a designee); 
‘‘(G) one shall be the Chief Executive Offi-
cer of the Queen Liliuokalani Trust (or a des-
ignee); 
‘‘(H) one shall be a member, selected by 
the other members of the Education Council, 
who represents a private grant-making entity; 
‘‘(I) one shall be the Mayor of the County 
of Hawaii (or a designee); 
‘‘(J) one shall be the Mayor of Maui Coun-
ty (or a designee from the Island of Maui); 
‘‘(K) one shall be the Mayor of the County 
of Kauai (or a designee); 
‘‘(L) one shall be appointed by the Mayor 
of Maui County from the Island of either 
Molokai or Lanai; 
‘‘(M) one shall be the Mayor of the City 
and County of Honolulu (or a designee); 
‘‘(N) one shall be the chairperson of the 
Hawaiian Homes Commission (or a designee); 
and
539 
‘‘(O) one shall be the chairperson of the 
Hawaii Workforce Development Council (or a 
designee representing the private sector). 
‘‘(3) REQUIREMENTS.—Any designee serving on 
the Education Council shall demonstrate, as deter-
mined by the individual who appointed such designee 
with input from the Native Hawaiian community, 
not less than 5 years of experience as a consumer 
or provider of Native Hawaiian education or cultural 
activities, with traditional cultural experience given 
due consideration. 
‘‘(4) LIMITATION.—A member (including a des-
ignee), while serving on the Education Council, shall 
not be a recipient of grant funds that are awarded 
under this part. 
‘‘(5) TERM OF MEMBERS.—A member who is a 
designee shall serve for a term of not more than 4 
years. 
‘‘(6) CHAIR, VICE CHAIR.— 
‘‘(A) SELECTION.—The Education Council 
shall select a Chair and a Vice Chair from 
among the members of the Education Council. 
‘‘(B) TERM LIMITS.—The Chair and Vice 
Chair shall each serve for a 2-year term.
540 
‘‘(7) ADMINISTRATIVE
PROVISIONS
RELATING 
TO EDUCATION COUNCIL.—The Education Council 
shall meet at the call of the Chair of the Council, 
or upon request by a majority of the members of the 
Education Council, but in any event not less often 
than every 120 days. 
‘‘(8) NO COMPENSATION.—None of the funds 
made available through the grant may be used to 
provide compensation to any member of the Edu-
cation Council or member of a working group estab-
lished by the Education Council, for functions de-
scribed in this section. 
‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI-
TIES.—The Education Council shall use funds made avail-
able through the grant to carry out each of the following 
activities: 
‘‘(1) Providing advice about the coordination, 
and serving as a clearinghouse for, the educational 
and related services and programs available to Na-
tive Hawaiians, including the programs assisted 
under this part. 
‘‘(2) Assessing the extent to which such services 
and programs meet the needs of Native Hawaiians, 
and collecting data on the status of Native Hawaiian 
education.
541 
‘‘(3) Providing direction and guidance, through 
the issuance of reports and recommendations, to ap-
propriate Federal, State, and local agencies in order 
to focus and improve the use of resources, including 
resources made available under this part, relating to 
Native Hawaiian education, and serving, where ap-
propriate, in an advisory capacity. 
‘‘(4) Awarding grants, if such grants enable the 
Education Council to carry out the activities de-
scribed in paragraphs (1) through (3). 
‘‘(5) Hiring an executive director who shall as-
sist in executing the duties and powers of the Edu-
cation Council, as described in subsection (d). 
‘‘(d) USE
OF FUNDS
FOR TECHNICAL ASSIST-
ANCE.—The Education Council shall use funds made 
available through the grant to— 
‘‘(1) provide technical assistance to Native Ha-
waiian organizations that are grantees or potential 
grantees under this part; 
‘‘(2) obtain from such grantees information and 
data regarding grants awarded under this part, in-
cluding information and data about— 
‘‘(A) the effectiveness of such grantees in 
meeting the educational priorities established by 
the Education Council, as described in para-
542 
graph (6)(D), using metrics related to these 
priorities; and 
‘‘(B) the effectiveness of such grantees in 
carrying out any of the activities described in 
section 6304(c) that are related to the specific 
goals and purposes of each grantee’s grant 
project, using metrics related to these priorities; 
‘‘(3) assess and define the educational needs of 
Native Hawaiians; 
‘‘(4) assess the programs and services available 
to address the educational needs of Native Hawai-
ians; 
‘‘(5) assess and evaluate the individual and ag-
gregate impact achieved by grantees under this part 
in improving Native Hawaiian educational perform-
ance and meeting the goals of this part, using 
metrics related to these goals; and 
‘‘(6) prepare and submit to the Secretary, at 
the end of each calendar year, an annual report that 
contains— 
‘‘(A) a description of the activities of the 
Education Council during the calendar year; 
‘‘(B) a description of significant barriers to 
achieving the goals of this part;
543 
‘‘(C) a summary of each community con-
sultation session described in subsection (e); 
and 
‘‘(D) recommendations to establish prior-
ities for funding under this part, based on an 
assessment of— 
‘‘(i) the educational needs of Native 
Hawaiians; 
‘‘(ii) programs and services available 
to address such needs; 
‘‘(iii) the effectiveness of programs in 
improving the educational performance of 
Native Hawaiian students to help such stu-
dents meet challenging State student aca-
demic achievement standards; and 
‘‘(iv) priorities for funding in specific 
geographic communities. 
‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA-
TIONS.—The Education Council shall use funds made 
available though the grant under subsection (a) to hold 
not less than one community consultation each year on 
each of the islands of Hawaii, Maui, Molokai, Lanai, 
Oahu, and Kauai, at which— 
‘‘(1) not less than three members of the Edu-
cation Council shall be in attendance;
544 
‘‘(2) the Education Council shall gather com-
munity input regarding— 
‘‘(A) current grantees under this part, as 
of the date of the consultation; 
‘‘(B) priorities and needs of Native Hawai-
ians; and 
‘‘(C) other Native Hawaiian education 
issues; and 
‘‘(3) the Education Council shall report to the 
community on the outcomes of the activities sup-
ported by grants awarded under this part. 
‘‘(f) FUNDING.—For each fiscal year, the Secretary 
shall use the amount described in section 6305(d)(2), to 
make a payment under the grant. Funds made available 
through the grant shall remain available until expended. 
‘‘(g) REPORT.—Beginning not later than 2 years 
after the date of enactment of the Student Success Act, 
and for each subsequent year, the Secretary shall prepare 
and submit to the Committee on Education and the Work-
force of the House of Representatives, and the Committee 
on Indian Affairs and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate, a report that— 
‘‘(1) summarizes the annual reports of the Edu-
cation Council;
545 
‘‘(2) describes the allocation and use of funds 
under this part and the information gathered since 
the first annual report submitted by the Education 
Council to the Secretary under this section; and 
‘‘(3) contains recommendations for changes in 
Federal, State, and local policy to advance the pur-
poses of this part. 
‘‘SEC. 6304. GRANT PROGRAM AUTHORIZED. 
‘‘(a) GRANTS AND CONTRACTS.—In order to carry 
out programs that meet the purposes of this part, the Sec-
retary is authorized to award grants to, or enter into con-
tracts with— 
‘‘(1) Native Hawaiian educational organiza-
tions; 
‘‘(2) Native Hawaiian community-based organi-
zations; 
‘‘(3) public and private nonprofit organizations, 
agencies, and institutions with experience in devel-
oping or operating Native Hawaiian education and 
workforce development programs or programs of in-
struction in the Native Hawaiian language; 
‘‘(4) charter schools; and 
‘‘(5) consortia of the organizations, agencies, 
and institutions described in paragraphs (1) through 
(4).
546 
‘‘(b) PRIORITY.—In awarding grants and entering 
into contracts under this part, the Secretary shall give pri-
ority to— 
‘‘(1) programs that meet the educational pri-
ority recommendations of the Education Council, as 
described under section 6303(d)(6)(D); 
‘‘(2) the repair and renovation of public schools 
that serve high concentrations of Native Hawaiian 
students; 
‘‘(3) programs designed to improve the aca-
demic achievement of Native Hawaiian students by 
meeting their unique cultural and language needs in 
order to help such students meet challenging State 
student academic achievement standards, including 
activities relating to— 
‘‘(A) achieving competence in reading, lit-
eracy, mathematics, and science for students in 
preschool through grade 3; 
‘‘(B) the educational needs of at-risk chil-
dren and youth; 
‘‘(C) professional development for teachers 
and administrators; 
‘‘(D) the use of Native Hawaiian language 
and preservation or reclamation of Native Ha-
waiian culture-based educational practices; and
547 
‘‘(E) other programs relating to the activi-
ties described in this part; and 
‘‘(4) programs in which a local educational 
agency, institution of higher education, or a State 
educational agency in partnership with a nonprofit 
entity serving underserved communities within the 
Native Hawaiian population apply for a grant or 
contract under this part as part of a partnership or 
consortium. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 
through programs carried out under this part may in-
clude— 
‘‘(1) the development and maintenance of a 
statewide Native Hawaiian early education and care 
system to provide a continuum of high-quality early 
learning services for Native Hawaiian children from 
the prenatal period through the age of kindergarten 
entry; 
‘‘(2) the operation of family-based education 
centers that provide such services as— 
‘‘(A) early care and education programs 
for Native Hawaiians; and 
‘‘(B) research on, and development and as-
sessment of, family-based, early childhood, and 
preschool programs for Native Hawaiians;
548 
‘‘(3) activities that enhance beginning reading 
and literacy in either the Hawaiian or the English 
language among Native Hawaiian students in kin-
dergarten through grade 3 and assistance in ad-
dressing the distinct features of combined English 
and Hawaiian literacy for Hawaiian speakers in 
grades 5 and 6; 
‘‘(4) activities to meet the special needs of Na-
tive Hawaiian students with disabilities, including— 
‘‘(A) the identification of such students 
and their needs; 
‘‘(B) the provision of support services to 
the families of such students; and 
‘‘(C) other activities consistent with the re-
quirements of the Individuals with Disabilities 
Education Act; 
‘‘(5) activities that address the special needs of 
Native Hawaiian students who are gifted and tal-
ented, including— 
‘‘(A) educational, psychological, and devel-
opmental activities designed to assist in the 
educational progress of such students; and 
‘‘(B) activities that involve the parents of 
such students in a manner designed to assist in 
the educational progress of such students;
549 
‘‘(6) the development of academic and voca-
tional curricula to address the needs of Native Ha-
waiian students, including curricula materials in the 
Hawaiian language and mathematics and science 
curricula that incorporate Native Hawaiian tradition 
and culture; 
‘‘(7) professional development activities for edu-
cators, including— 
‘‘(A) the development of programs to pre-
pare prospective teachers to address the unique 
needs of Native Hawaiian students within the 
context of Native Hawaiian culture, language, 
and traditions; 
‘‘(B) in-service programs to improve the 
ability of teachers who teach in schools with 
high concentrations of Native Hawaiian stu-
dents to meet the unique needs of such stu-
dents; and 
‘‘(C) the recruitment and preparation of 
Native Hawaiians, and other individuals who 
live in communities with a high concentration of 
Native Hawaiians, to become teachers; 
‘‘(8) the operation of community-based learning 
centers that address the needs of Native Hawaiian 
students, 
parents, 
families, 
and 
communities
550 
through the coordination of public and private pro-
grams and services, including— 
‘‘(A) early education programs; 
‘‘(B) before, after, and Summer school 
programs, expanded learning time, or weekend 
academies; 
‘‘(C) career and technical education pro-
grams; and 
‘‘(D) programs that recognize and support 
the unique cultural and educational needs of 
Native Hawaiian children, and incorporate ap-
propriately qualified Native Hawaiian elders 
and seniors; 
‘‘(9) activities, including program co-location, 
that ensure Native Hawaiian students graduate col-
lege and career ready including— 
‘‘(A) family literacy services; 
‘‘(B) counseling, guidance, and support 
services for students; and 
‘‘(C) professional development activities de-
signed to help educators improve the college 
and career readiness of Native Hawaiian stu-
dents;
551 
‘‘(10) research and data collection activities to 
determine the educational status and needs of Na-
tive Hawaiian children and adults; 
‘‘(11) other research and evaluation activities 
related to programs carried out under this part; and 
‘‘(12) other activities, consistent with the pur-
poses of this part, to meet the educational needs of 
Native Hawaiian children and adults. 
‘‘(d) 
ADDITIONAL
ACTIVITIES.—Notwithstanding 
any other provision of this part, funds made available to 
carry out this section as of the day before the date of en-
actment of the Student Success Act shall remain available 
until expended. The Secretary shall use such funds to sup-
port the following: 
‘‘(1) The repair and renovation of public 
schools that serve high concentrations of Native Ha-
waiian students. 
‘‘(2) The perpetuation of, and expansion of ac-
cess to, Hawaiian culture and history through digital 
archives. 
‘‘(3) Informal education programs that connect 
traditional Hawaiian knowledge, science, astronomy, 
and the environment through State museums or 
learning centers.
552 
‘‘(4) Public charter schools serving high con-
centrations of Native Hawaiian students. 
‘‘(e) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of funds pro-
vided to a recipient of a grant or contract under this 
section for any fiscal year may be used for adminis-
trative purposes. 
‘‘(2) EXCEPTION.—The Secretary may waive 
the requirement of paragraph (1) for a nonprofit en-
tity that receives funding under this section and 
allow not more than 10 percent of funds provided to 
such nonprofit entity under this section for any fis-
cal year to be used for administrative purposes. 
‘‘SEC. 6305. ADMINISTRATIVE PROVISIONS. 
‘‘(a) APPLICATION REQUIRED.—No grant may be 
made under this part, and no contract may be entered into 
under this part, unless the entity seeking the grant or con-
tract submits an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the 
provisions of this part. 
‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 
shall provide a copy of all direct grant applications to the 
Education Council.
553 
‘‘(c) SUPPLEMENT NOT SUPPLANT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds made available under this part 
shall be used to supplement, and not supplant, any 
State or local funds used to achieve the purposes of 
this part. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to any nonprofit entity or Native Hawaiian 
community-based organization that receives a grant 
or other funds under this part. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this part $32,397,259 for 
each of fiscal years 2014 through 2019. 
‘‘(2) RESERVATION.—Of the funds appro-
priated under this subsection, the Secretary shall re-
serve, for each fiscal year after the date of enact-
ment of the Student Success Act not less than 
$500,000 for the grant to the Education Council 
under section 6303. 
‘‘(3) 
AVAILABILITY.—Funds 
appropriated 
under this subsection shall remain available until ex-
pended.’’.
554 
TITLE VII—HOMELESS 
EDUCATION 
SEC. 701. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regula-
tions, practices, or policies may act as a barrier to 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies will review and under-
take steps to revise such laws, regulations, practices, 
or policies to ensure that homeless children and 
youths are afforded the same free, appropriate pub-
lic education as is provided to other children and 
youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’.
555 
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant 
funds from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) 
that enable such children and youths to enroll in, at-
556 
tend, and succeed in school, or, if appropriate, in 
preschool programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in 
this subtitle’’; 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific needs in the 
education of homeless children and youths.’’. 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sums’’ and inserting 
‘‘grant funds’’; and 
(ii) by inserting ‘‘a State under sub-
section (a) to’’ after ‘‘each year to’’; 
(B) in paragraph (2), by striking ‘‘funds 
made available for State use under this sub-
557 
title’’ and inserting ‘‘the grant funds remaining 
after the State educational agency distributes 
subgrants under paragraph (1)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’; 
(bb) by striking ‘‘and’’ at 
the end of subclause (II); 
(cc) by striking the period at 
the end of subclause (III) and in-
serting ‘‘; and’’; and 
(dd) by adding at the end 
the following: 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and
558 
(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as fol-
lows: 
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on— 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining 
access to public preschool programs and to pub-
lic elementary schools and secondary schools; 
‘‘(C) the difficulties in identifying the spe-
cial needs and barriers to the participation and 
achievement of such children and youths; 
‘‘(D) any progress made by the State edu-
cational agency and local educational agencies
559 
in the State in addressing such problems and 
difficulties; and 
‘‘(E) the success of the programs under 
this subtitle in identifying homeless children 
and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, a report containing information 
necessary to assess the educational needs of home-
less children and youths within the State, including 
data necessary for the Secretary to fulfill the respon-
sibilities under section 724(h); 
‘‘(4) in order to improve the provision of com-
prehensive education and related support services to 
homeless children and youths and their families, co-
ordinate and collaborate with— 
‘‘(A) educators, including teachers, special 
education personnel, administrators, and child 
development and preschool program personnel; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including
561 
(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of subsection 
(e)(3), paragraphs (3) through (7) of subsection (g), 
and subsection (h); 
‘‘(6) provide professional development opportu-
nities for local educational agency personnel and the 
homeless 
liaison 
designated 
under 
subsection 
(g)(1)(J)(ii) to assist such personnel in meeting the 
needs of homeless children and youths; and 
‘‘(7) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives 
the full protections and services provided by this 
subtitle.’’; 
(7) by amending subsection (g) to read as fol-
lows: 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—In order to be eligible to 
receive a grant under this section, each State edu-
cational agency shall submit to the Secretary a plan 
to provide for the education of homeless children 
and youths within the State that includes the fol-
lowing:
563 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have equal ac-
cess to public preschool programs, adminis-
tered by the State educational agency or 
local educational agency, as provided to 
other children in the State; 
‘‘(ii) homeless youths and youths sep-
arated from public schools are identified 
and accorded equal access to appropriate 
secondary education and support services; 
and 
‘‘(iii) homeless children and youth 
who meet the relevant eligibility criteria 
are able to participate in Federal, State, or 
local education programs. 
‘‘(G) Strategies to address problems identi-
fied in the report provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including problems resulting 
from enrollment delays that are caused by— 
‘‘(i) immunization and other health 
records requirements;
564 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
‘‘(I) A demonstration that the State edu-
cational agency and local educational agencies 
in the State have developed, and shall review 
and revise, policies to remove barriers to the 
identification, enrollment, and retention of 
homeless children and youths in schools in the 
State. 
‘‘(J) Assurances that the following will be 
carried out: 
‘‘(i) The State educational agency and 
local educational agencies in the State will 
adopt policies and practices to ensure that 
homeless children and youths are not stig-
matized or segregated on the basis of their 
status as homeless. 
‘‘(ii) Local educational agencies will 
designate an appropriate staff person, who 
may also be a coordinator for other Fed-
eral programs, as a local educational agen-
565 
cy liaison for homeless children and 
youths, to carry out the duties described in 
paragraph (6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
provided, at the request of the parent or 
guardian (or in the case of an unaccom-
panied youth, the liaison), to and from the 
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable: 
‘‘(I) If the child or youth con-
tinues to live in the area served by the 
local educational agency in which the 
school of origin is located, the child’s 
or youth’s transportation to and from 
the school of origin shall be provided 
or arranged by the local educational 
agency in which the school of origin is 
located. 
‘‘(II) If the child’s or youth’s liv-
ing arrangements in the area served 
by the local educational agency of ori-
gin terminate and the child or youth,
566 
though continuing his or her edu-
cation in the school of origin, begins 
living in an area served by another 
local educational agency, the local 
educational agency of origin and the 
local educational agency in which the 
child or youth is living shall agree 
upon a method to apportion the re-
sponsibility and costs for providing 
the child with transportation to and 
from the school of origin. If the local 
educational agencies are unable to 
agree upon such method, the responsi-
bility and costs for transportation 
shall be shared equally. 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Each plan adopted 
under this subsection shall also describe how 
the State will ensure that local educational 
agencies in the State will comply with the re-
quirements of paragraphs (3) through (7). 
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will 
furnish to local educational agencies and how 
compliance efforts will be coordinated with the
567 
local educational agency liaisons designated 
under paragraph (1)(J)(ii). 
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The local educational 
agency serving each child or youth to be as-
sisted under this subtitle shall, according to the 
child’s or youth’s best interest— 
‘‘(i) continue the child’s or youth’s 
education in the school of origin for the 
duration of homelessness— 
‘‘(I) in any case in which a fam-
ily becomes homeless between aca-
demic years or during an academic 
year; or 
‘‘(II) for the remainder of the 
academic year, if the child or youth 
becomes permanently housed during 
an academic year; or 
‘‘(ii) enroll the child or youth in any 
public school that nonhomeless students 
who live in the attendance area in which 
the child or youth is actually living are eli-
gible to attend.
568 
‘‘(B) SCHOOL STABILITY.—In determining 
the best interest of the child or youth under 
subparagraph (A), the local educational agency 
shall— 
‘‘(i) presume that keeping the child or 
youth in the school of origin is in the child 
or youth’s best interest, except when doing 
so is contrary to the wishes of the child’s 
or youth’s parent or guardian, or the unac-
companied youth; 
‘‘(ii) consider student-centered factors 
related to the child’s or youth’s best inter-
est, including factors related to the impact 
of mobility on achievement, education, 
health, and safety of homeless children and 
youth, giving priority to the wishes of the 
homeless child’s or youth’s parent of 
guardian or the unaccompanied youth in-
volved; 
‘‘(iii) if, after conducting the best in-
terest determination based on consider-
ation of the presumption in clause (i) and 
the student-centered factors in clause (ii), 
the local educational agency determines 
that it is not in the child’s or youth’s best
569 
interest to attend the school of origin or 
the school requested by the parent, guard-
ian, or unaccompanied youth, provide the 
child’s or youth’s parent or guardian or 
the unaccompanied youth with a written 
explanation of the reasons for its deter-
mination, in a manner and form under-
standable to such parent, guardian, or un-
accompanied youth, including information 
regarding the right to appeal under sub-
paragraph (E); and 
‘‘(iv) in the case of an unaccompanied 
youth, ensure that the homeless liaison 
designated under paragraph (1)(J)(ii) as-
sists in placement or enrollment decisions 
under this subparagraph, gives priority to 
the views of such unaccompanied youth, 
and provides notice to such youth of the 
right to appeal under subparagraph (E). 
‘‘(C) ENROLLMENT.— 
‘‘(i) IN
GENERAL.—The school se-
lected in accordance with this paragraph 
shall immediately enroll the homeless child 
or youth, even if the child or youth—
570 
‘‘(I) is unable to produce records 
normally required for enrollment, such 
as previous academic records, records 
of immunization and other required 
health records, proof of residency, or 
other documentation; or 
‘‘(II) has missed application or 
enrollment deadlines during any pe-
riod of homelessness. 
‘‘(ii) 
RELEVANT
ACADEMIC 
RECORDS.—The enrolling school shall im-
mediately contact the school last attended 
by the child or youth to obtain relevant 
academic and other records. 
‘‘(iii) RELEVANT HEALTH RECORDS.— 
If the child or youth needs to obtain immu-
nizations or other required health records, 
the enrolling school shall immediately refer 
the parent or guardian of the child or 
youth, or the unaccompanied child or 
youth, to the local educational agency liai-
son designated under paragraph (1)(J)(ii), 
who shall assist in obtaining necessary im-
munizations or screenings, or immuniza-
571 
tion or other required health records, in 
accordance with subparagraph (D). 
‘‘(D) RECORDS.—Any record ordinarily 
kept by the school, including immunization or 
other required health records, academic records, 
birth certificates, guardianship records, and 
evaluations for special services or programs, re-
garding each homeless child or youth shall be 
maintained— 
‘‘(i) so that the records involved are 
available, in a timely fashion, when a child 
or youth enters a new school or school dis-
trict; and 
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g). 
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over school selection or enrollment 
in a school— 
‘‘(i) the child or youth shall be imme-
diately enrolled in the school in which en-
rollment is sought, pending final resolution 
of the dispute, including all available ap-
peals;
572 
‘‘(ii) the parent, guardian, or unac-
companied youth shall be provided with a 
written explanation of any decisions made 
by the school, the local educational agency, 
or the State educational agency involved, 
including the rights of the parent, guard-
ian, or youth to appeal such decisions; 
‘‘(iii) the parent, guardian, or unac-
companied youth shall be referred to the 
local educational agency liaison designated 
under paragraph (1)(J)(ii), who shall carry 
out the dispute resolution process as de-
scribed in paragraph (1)(C) as expedi-
tiously as possible after receiving notice of 
the dispute; and 
‘‘(iv) in the case of an unaccompanied 
youth, the liaison shall ensure that the 
youth is immediately enrolled in school in 
which the youth seeks enrollment pending 
resolution of such dispute. 
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of 
whether the child or youth lives with the home-
less parents or has been temporarily placed 
elsewhere.
573 
‘‘(G) SCHOOL OF ORIGIN DEFINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘school of origin’ means the 
school that a child or youth attended when 
permanently housed or the school in which 
the child or youth was last enrolled. 
‘‘(ii) RECEIVING SCHOOL.—When the 
child or youth completes the final grade 
level served by the school of origin, as de-
scribed in clause (i), the term ‘‘school of 
origin’’ shall include the designated receiv-
ing school at the next grade level for all 
feeder schools. 
‘‘(H) CONTACT
INFORMATION.—Nothing 
in this subtitle shall prohibit a local educational 
agency from requiring a parent or guardian of 
a homeless child to submit contact information. 
‘‘(I) PRIVACY.—Information about a home-
less child’s or youth’s living situation shall be 
treated as a student education record under 
section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g) and shall not be 
released to housing providers, employers, law 
enforcement personnel, or other persons or 
agencies not authorized to have such informa-
574 
tion under section 99.31 of title 34, Code of 
Federal Regulations. 
‘‘(J) 
ACADEMIC
ACHIEVEMENT.—The 
school selected in accordance with this para-
graph shall ensure that homeless children and 
youth have opportunities to meet the same 
State academic standards to which other stu-
dents are held. 
‘‘(4) COMPARABLE SERVICES.—Each homeless 
child or youth to be assisted under this subtitle shall 
be provided services comparable to services offered 
to other students in the school selected under para-
graph (3), including the following: 
‘‘(A) Transportation services. 
‘‘(B) Educational services for which the 
child or youth meets the eligibility criteria, such 
as services provided under title I of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) or similar State or local 
programs, educational programs for children 
with disabilities, and educational programs for 
English learners. 
‘‘(C) Programs in career and technical 
education.
575 
‘‘(D) Programs for gifted and talented stu-
dents. 
‘‘(E) School nutrition programs. 
‘‘(5) COORDINATION.— 
‘‘(A) IN GENERAL.—Each local educational 
agency serving homeless children and youths 
that receives assistance under this subtitle shall 
coordinate— 
‘‘(i) the provision of services under 
this subtitle with local social services agen-
cies and other agencies or entities pro-
viding services to homeless children and 
youths and their families, including serv-
ices and programs funded under the Run-
away and Homeless Youth Act (42 U.S.C. 
5701 et seq.); and 
‘‘(ii) transportation, transfer of school 
records, and other interdistrict activities, 
with other local educational agencies. 
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State educational agency and local 
educational agency that receives assistance 
under this subtitle shall coordinate with State 
and local housing agencies responsible for devel-
oping the comprehensive housing affordability
576 
strategy described in section 105 of the Cran-
ston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12705) to minimize educational dis-
ruption for children and youths who become 
homeless. 
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A) 
and (B) shall be designed to— 
‘‘(i) ensure that all homeless children 
and youths are promptly identified; 
‘‘(ii) ensure that homeless children 
and youths have access to, and are in rea-
sonable proximity to, available education 
and related support services; and 
‘‘(iii) raise the awareness of school 
personnel and service providers of the ef-
fects of short-term stays in a shelter and 
other challenges associated with homeless-
ness. 
‘‘(D) HOMELESS CHILDREN AND YOUTHS 
WITH DISABILITIES.—For children and youth 
who are to be assisted both under this subtitle, 
and under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.) or sec-
tion 504 of the Rehabilitation Act of 1973 (29
577 
U.S.C. 794), each local educational agency shall 
coordinate the provision of services under this 
subtitle with the provision of programs for chil-
dren with disabilities served by that local edu-
cational agency and other involved local edu-
cational agencies. 
‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 
‘‘(A) DUTIES.—Each local educational 
agency liaison for homeless children and youths, 
designated under paragraph (1)(J)(ii), shall en-
sure that— 
‘‘(i) homeless children and youths are 
identified by school personnel through out-
reach and coordination activities with other 
entities and agencies; 
‘‘(ii) homeless children and youths are 
enrolled in, and have a full and equal op-
portunity to succeed in, schools of that 
local educational agency; 
‘‘(iii) homeless families, children, and 
youths have access to and receive edu-
cational services for which such families, 
children, and youths are eligible, including 
services through Head Start, Early Head 
Start, early intervention, and preschool
579 
‘‘(viii) the parent or guardian of a 
homeless child or youth, and any unaccom-
panied youth, is fully informed of all trans-
portation services, including transportation 
to the school of origin, as described in 
paragraph (1)(J)(iii), and is assisted in ac-
cessing transportation to the school that is 
selected under paragraph (3)(A); 
‘‘(ix) school personnel providing serv-
ices under this subtitle receive professional 
development and other support; and 
‘‘(x) unaccompanied youths— 
‘‘(I) are enrolled in school; 
‘‘(II) have opportunities to meet 
the same State academic standards to 
which other students are held, includ-
ing through implementation of the 
policies and practices required by 
paragraph (1)(F)(ii); and 
‘‘(III) are informed of their sta-
tus as independent students under 
section 480 of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv) and 
receive verification of such status for 
purposes of the Free Application for
580 
Federal Student Aid described in sec-
tion 483 of such Act (20 U.S.C. 
1090). 
‘‘(B) NOTICE.—State coordinators estab-
lished under subsection (d)(3) and local edu-
cational agencies shall inform school personnel, 
service providers, advocates working with home-
less families, parents and guardians of homeless 
children and youths, and homeless children and 
youths of the duties of the local educational 
agency liaisons, including publishing an annu-
ally updated list of the liaisons on the State 
educational agency’s website. 
‘‘(C) LOCAL AND STATE COORDINATION.— 
Local educational agency liaisons for homeless 
children and youths shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel 
responsible for the provision of education and 
related services to homeless children and 
youths. Such coordination shall include col-
lecting and providing to the State Coordinator 
the reliable, valid, and comprehensive data 
needed to meet the requirements of paragraphs 
(1) and (3) of subsection (f).
581 
‘‘(7) REVIEW AND REVISIONS.— 
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency 
that receives assistance under this subtitle shall 
review and revise any policies that may act as 
barriers to the enrollment of homeless children 
and youths in schools that are selected under 
paragraph (3). 
‘‘(B) CONSIDERATION.—In reviewing and 
revising such policies, consideration shall be 
given to issues concerning transportation, im-
munization, residency, birth certificates, school 
records and other documentation, and guard-
ianship. 
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment 
and attendance of homeless children and youths 
who are not currently attending school.’’; 
(8) in subsection (h)(1)(A), by striking ‘‘fiscal 
year 2009,’’ and inserting ‘‘fiscal years 2014 
through 2019,’’; and 
(9) in subsection (h)(4), by striking ‘‘fiscal year 
2009’’ and inserting ‘‘fiscal years 2014 through 
2019’’.
582 
SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 723 of such Act (42 U.S.C. 11433) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘facili-
tating the enrollment,’’ and inserting ‘‘facili-
tating the identification, enrollment,’’; 
(B) in paragraph (2)(A)— 
(i) by adding ‘‘and’’ at the end of 
clause (i); 
(ii) by striking ‘‘; and’’ and inserting 
a period at the end of clause (ii); and 
(iii) by striking clause (iii); and 
(C) by adding at the end the following: 
‘‘(4) 
DURATION
OF
GRANTS.—Subgrants 
awarded under this section shall be for terms of not 
to exceed 3 years.’’; 
(2) in subsection (b)— 
(A) by striking paragraph (3) and redesig-
nating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively; and 
(B) by adding at the end the following: 
‘‘(5) An assurance that the local educational 
agency will collect and promptly provide data re-
583 
quested by the State Coordinator pursuant to para-
graphs (1) and (3) of section 722(f). 
‘‘(6) An assurance that the local educational 
agency has removed barriers to complying with the 
requirements of section 722(g)(1)(I).’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘726’’ 
and inserting ‘‘722(a)’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘identification,’’ before ‘‘enrollment’’; 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) The extent to which the application 
reflects coordination with other local and State 
agencies that serve homeless children and 
youths.’’; and 
(iii) in subparagraph (C), by inserting 
‘‘(as of the date of submission of the appli-
cation)’’ after ‘‘current practice’’; 
(C) in paragraph (3)— 
(i) by amending subparagraph (C) to 
read as follows: 
‘‘(C) The extent to which the applicant will 
promote meaningful involvement of parents or
584 
guardians of homeless children or youths in the 
education of their children.’’; 
(ii) in subparagraph (D), by striking 
‘‘within’’ and inserting ‘‘into’’; 
(iii) in subparagraph (G)— 
(I) by striking ‘‘Such’’ and in-
serting ‘‘The extent to which the ap-
plicant’s program meets such’’; and 
(II) by striking ‘‘case manage-
ment or related’’; 
(iv) by redesignating subparagraph 
(G) as subparagraph (I) and inserting 
after subparagraph (F) the following: 
‘‘(G) The extent to which the local edu-
cational agency will use the subgrant to lever-
age 
resources, 
including 
by 
maximizing 
nonsubgrant funding for the position of the liai-
son described in section 722(g)(1)(J)(ii) and 
the provision of transportation. 
‘‘(H) How the local educational agency 
uses funds to serve homeless children and 
youths under section 1113(c)(3) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6313(c)(3)).’’; and 
(v) by adding at the end the following:
585 
‘‘(J) An assurance that the applicant will 
meet the requirements of section 722(g)(3).’’; 
and 
(D) by striking paragraph (4). 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘challenging State aca-
demic content standards’’ and inserting 
‘‘State academic standards’’; and 
(ii) by striking ‘‘and challenging State 
student academic achievement standards’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘students with limited 
English 
proficiency,’’ 
and 
inserting 
‘‘English learners,’’; and 
(ii) by striking ‘‘vocational’’ and in-
serting ‘‘career’’; 
(C) in paragraph (3), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized instruc-
tional support’’; 
(D) in paragraph (7), by striking ‘‘, and 
unaccompanied youths,’’ and inserting ‘‘, par-
ticularly homeless children and youths who are 
not enrolled in school,’’;
586 
(E) in paragraph (9) by striking ‘‘medical’’ 
and inserting ‘‘other required health’’; 
(F) in paragraph (10), by inserting before 
the period at the end ‘‘, and other activities de-
signed to increase the meaningful involvement 
of parents or guardians of homeless children or 
youths in the education of their children’’; 
(G) in paragraph (12), by striking ‘‘pupil’’ 
and inserting ‘‘specialized instructional sup-
port’’; and 
(H) in paragraph (13), by inserting before 
the period at the end ‘‘and parental mental 
health or substance abuse problems’’. 
SEC. 704. SECRETARIAL RESPONSIBILITIES. 
Section 724 of such Act (42 U.S.C. 11434) is amend-
ed— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
the next school year that begins after the date of the 
enactment of the Student Success Act, update and 
disseminate nationwide the public notice described in 
this subsection (as in effect prior to such date) of
587 
the educational rights of homeless children and 
youths. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate the notice nationally to all Federal agen-
cies, program grantees, and grant recipients serving 
homeless families, children, and youths.’’; 
(2) in subsection (d), by striking ‘‘and dissemi-
nation’’ and inserting ‘‘, dissemination, and technical 
assistance’’; 
(3) in subsection (e)— 
(A) by striking ‘‘applications for grants 
under this subtitle’’ and inserting ‘‘plans for 
the use of grant funds under section 722’’; 
(B) by striking ‘‘60-day’’ and inserting 
‘‘120-day’’; and 
(C) by striking ‘‘120-day’’ and inserting 
‘‘180-day’’; 
(4) in subsection (f), by adding at the end the 
following: ‘‘The Secretary shall provide support and 
technical assistance to State educational agencies in 
areas in which barriers to a free appropriate public 
education persist.’’; 
(5) by amending subsection (g) to read as fol-
lows:
588 
‘‘(g) GUIDELINES.—The Secretary shall develop, 
issue, and publish in the Federal Register, not later than 
60 days after the date of the enactment of the Student 
Success Act, strategies by which a State— 
‘‘(1) may assist local educational agencies to 
implement the provisions amended by the Act; and 
‘‘(2) can review and revise State policies and 
procedures that may present barriers to the identi-
fication, enrollment, attendance, and success of 
homeless children and youths in school.’’; 
(6) in subsection (h)(1)(A), by inserting ‘‘in all 
areas served by local educational agencies’’ before 
the semicolon at the end; and 
(7) in subsection (i), by striking ‘‘McKinney- 
Vento Homeless Education Assistance Improvements 
Act of 2001’’ and inserting ‘‘Student Success Act’’. 
SEC. 705. DEFINITIONS. 
Section 725 of such Act (42 U.S.C. 11434a) is 
amended— 
(1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 
and inserting ‘‘1139’’; and 
(2) in paragraph (3), by striking ‘‘9101’’ and 
inserting ‘‘5101’’.
589 
SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 
Section 726 of such Act (42 U.S.C. 11435) is amend-
ed to read as follows: 
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this subtitle, there 
are authorized to be appropriated $61,771,000 for each 
of fiscal years 2014 through 2019.’’. 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) To avoid negative attention and litigation, 
some local educational agencies have entered into 
agreements with employees who are suspected of 
abusing or are known to have abused students. 
(2) Instead of reporting sexual misconduct with 
minors to the proper authorities such as the police 
or child welfare services, under such agreements the 
local educational agencies, schools, and employees 
keep the information private and facilitate the em-
ployee’s transfer to another local educational agency. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that— 
(1) confidentiality agreements between local 
educational agencies or schools and suspected child 
sex abusers should be prohibited;
590 
(2) the practice of employee transfers after sus-
pected or proven sexual misconduct should be 
stopped, and States should require local educational 
agencies and schools to provide law enforcement 
with all information regarding sexual conduct be-
tween an employee and a minor; and 
(3) Congress should help protect children and 
help stop this unacceptable practice in our schools. 
Passed the House of Representatives July 19, 2013. 
Attest: 
Clerk.
113TH CONGRESS 
1ST SESSION 
H. R. 5 
AN ACT 
To support State and local accountability for public 
education, protect State and local authority, in-
form parents of the performance of their chil-
dren’s schools, and for other purposes.