323 
dents and parents who are not proficient in 
English. 
‘‘SEC. 3144. USES OF FUNDS. 
‘‘(a) IN GENERAL.—Grantees shall use grant funds 
received under this subpart, based on the needs deter-
mined under section 3143(b)(6)(I), to provide training 
and technical assistance to State educational agencies, 
local educational agencies, and organizations that support 
family-school partnerships, and activities, services, and 
training for local educational agencies, school leaders, edu-
cators, and parents— 
‘‘(1) to assist parents in participating effectively 
in their children’s education and to help their chil-
dren meet State standards, such as assisting par-
ents— 
‘‘(A) to engage in activities that will im-
prove student academic achievement, including 
understanding how they can support learning in 
the classroom with activities at home and in 
afterschool and extracurricular programs; 
‘‘(B) to communicate effectively with their 
children, teachers, school leaders, counselors, 
administrators, and other school personnel; 
‘‘(C) to become active participants in the 
development, implementation, and review of 
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school-parent compacts, family engagement in 
education policies, and school planning and im-
provement; 
‘‘(D) to participate in the design and pro-
vision of assistance to students who are not 
making academic progress; 
‘‘(E) to participate in State and local deci-
sionmaking; 
‘‘(F) to train other parents; and 
‘‘(G) to help the parents learn and use 
technology applied in their children’s education; 
‘‘(2) to develop and implement, in partnership 
with the State educational agency, statewide family 
engagement in education policy and systemic initia-
tives that will provide for a continuum of services to 
remove barriers for family engagement in education 
and support school reform efforts; and 
‘‘(3) to develop and implement parental involve-
ment policies under this Act. 
‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 
For each fiscal year after the first fiscal year for which 
an organization or consortium receives assistance under 
this section, the organization or consortium shall dem-
onstrate in the application that a portion of the services 
provided by the organization or consortium is supported 
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through non-Federal contributions, which may be in cash 
or in-kind. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 
reserve not more than 2 percent of the funds appropriated 
under section 3(c)(1)(C) to carry out this subpart to pro-
vide technical assistance, by competitive grant or contract, 
for the establishment, development, and coordination of 
Statewide Family Engagement Centers. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a Statewide Family En-
gagement Center from— 
‘‘(1) having its employees or agents meet with 
a parent at a site that is not on school grounds; or 
‘‘(2) working with another agency that serves 
children. 
‘‘(e) PARENTAL
RIGHTS.—Notwithstanding any 
other provision of this section— 
‘‘(1) no person (including a parent who edu-
cates a child at home, a public school parent, or a 
private school parent) shall be required to partici-
pate in any program of parent education or develop-
mental screening under this section; and 
‘‘(2) no program or center assisted under this 
section shall take any action that infringes in any 
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manner on the right of a parent to direct the edu-
cation of their children. 
‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 
‘‘The Secretary of the Interior, in consultation with 
the Secretary of Education, shall establish, or enter into 
contracts and cooperative agreements with local Indian 
nonprofit parent organizations to establish and operate 
Family Engagement Centers. 
‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 
‘‘SEC. 3201. PURPOSE. 
‘‘The purpose of this part is to— 
‘‘(1) provide local educational agencies with the 
opportunity to access funds to support the initiatives 
important to their schools and students to improve 
academic achievement, including protecting student 
safety; and 
‘‘(2) provide nonprofit and for-profit entities 
the opportunity to work with students to improve 
academic achievement, including student safety. 
‘‘SEC. 3202. ALLOTMENTS TO STATES. 
‘‘(a) RESERVATIONS.—From the funds appropriated 
under section 3(c)(2) for any fiscal year, the Secretary 
shall reserve— 
‘‘(1) not more than one-half of 1 percent for 
national activities to provide technical assistance to 
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eligible entities in carrying out programs under this 
part; and 
‘‘(2) not more than one-half of 1 percent for 
payments to the outlying areas and the Bureau of 
Indian Education, to be allotted in accordance with 
their respective needs for assistance under this part, 
as determined by the Secretary, to enable the out-
lying areas and the Bureau to carry out the purpose 
of this part. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) DETERMINATION.—From the funds appro-
priated under section 3(c)(2) for any fiscal year and 
remaining after the Secretary makes reservations 
under subsection (a), the Secretary shall allot to 
each State for the fiscal year an amount that bears 
the same relationship to the remainder as the 
amount the State received under chapter B of sub-
part 1 of part A of title I for the preceding fiscal 
year bears to the amount all States received under 
that chapter for the preceding fiscal year, except 
that no State shall receive less than an amount 
equal to one-half of 1 percent of the total amount 
made available to all States under this subsection. 
‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 
State does not receive an allotment under this part 
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for a fiscal year, the Secretary shall reallot the 
amount of the State’s allotment to the remaining 
States in accordance with this section. 
‘‘(c) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this part shall reserve not less than 
75 percent of the amount allotted to the State under 
subsection (b) for each fiscal year for awards to eli-
gible entities under section 3204. 
‘‘(2) AWARDS
TO
NONGOVERNMENTAL
ENTI-
TIES
TO
IMPROVE
STUDENT
ACADEMIC
ACHIEVE-
MENT.—Each State that receives an allotment under 
subsection (b) for each fiscal year shall reserve not 
less than 10 percent of the amount allotted to the 
State for awards to nongovernmental entities under 
section 3205. 
‘‘(3) STATE ACTIVITIES AND STATE ADMINIS-
TRATION.—A State educational agency may reserve 
not more than 15 percent of the amount allotted to 
the State under subsection (b) for each fiscal year 
for the following: 
‘‘(A) Enabling the State educational agen-
cy— 
‘‘(i) to pay the costs of developing the 
State assessments and standards required 
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under section 1111(b), which may include 
the costs of working, at the sole discretion 
of the State, in voluntary partnerships 
with other States to develop such assess-
ments and standards; or 
‘‘(ii) if the State has developed the as-
sessments and standards required under 
section 1111(b), to administer those as-
sessments or carry out other activities re-
lated to ensuring that the State’s schools 
and local educational agencies are helping 
students meet the State’s academic stand-
ards under such section. 
‘‘(B) The administrative costs of carrying 
out its responsibilities under this part, except 
that not more than 5 percent of the reserved 
amount may be used for this purpose. 
‘‘(C) Monitoring and evaluation of pro-
grams and activities assisted under this part. 
‘‘(D) Providing training and technical as-
sistance under this part. 
‘‘(E) Statewide academic focused pro-
grams. 
‘‘(F) Sharing evidence-based and other ef-
fective strategies with eligible entities. 
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‘‘SEC. 3203. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 3202 for any fiscal year, a State educational 
agency shall submit to the Secretary, at such time as the 
Secretary may require, an application that— 
‘‘(1) describes how the State educational agency 
will use funds reserved for State-level activities, in-
cluding how, if any, of the funds will be used to sup-
port student safety; 
‘‘(2) describes the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding funds to eligible entities on a 
competitive basis, which shall include reviewing how 
the proposed project will help increase student aca-
demic achievement; 
‘‘(3) describes how the State educational agency 
will ensure that awards made under this part are— 
‘‘(A) of sufficient size and scope to support 
high-quality, effective programs that are con-
sistent with the purpose of this part; and 
‘‘(B) in amounts that are consistent with 
section 3204(f); 
‘‘(4) describes the steps the State educational 
agency will take to ensure that programs implement 
effective strategies, including providing ongoing 
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technical assistance and training, and dissemination 
of evidence-based and other effective strategies; 
‘‘(5) describes how the State educational agency 
will consider students across all grades when making 
these awards; 
‘‘(6) an assurance that, other than providing 
technical and advisory assistance and monitoring 
compliance with this part, the State educational 
agency has not exercised and will not exercise any 
influence in the decisionmaking process of eligible 
entities as to the expenditure of funds received by 
the eligible entities under this part; 
‘‘(7) describes how programs under this part 
will be coordinated with programs under this Act, 
and other programs as appropriate; 
‘‘(8) contains an assurance that the State edu-
cational agency— 
‘‘(A) will make awards for programs for a 
period of not more than 5 years; and 
‘‘(B) will require each eligible entity seek-
ing such an award to submit a plan describing 
how the project to be funded through the award 
will continue after funding under this part 
ends, if applicable; 
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‘‘(9) contains an assurance that funds appro-
priated to carry out this part will be used to supple-
ment, and not supplant, State and local public funds 
expended to provide programs and activities author-
ized under this part and other similar programs; and 
‘‘(10) an assurance that the State will support 
projects from each of the categories listed in section 
3204(b)(1)(D) in awarding subgrants to local edu-
cational agencies. 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency pursuant to subsection (a) 
shall be deemed to be approved by the Secretary unless 
the Secretary makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the ap-
plication is not in compliance with this part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
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‘‘(2) notify the State educational agency of the 
finding of noncompliance, and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If the State educational agency re-
sponds to the Secretary’s notification described in sub-
section (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to the Secretary’s notifi-
cation described in subsection (d)(2) during the 45-day pe-
riod beginning on the date on which the agency received 
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the notification, such application shall be deemed to be 
disapproved. 
‘‘(g) RULE OF CONSTRUCTION.—An application sub-
mitted by a State educational agency pursuant to sub-
section (a) shall not be approved or disapproved based 
upon the activities for which the agency may make funds 
available to eligible entities under section 3204 if the agen-
cy’s use of funds is consistent with section 3204(b). 
‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds 
under this part for a fiscal year shall provide the amount 
made available under section 3202(c)(1) to eligible entities 
in accordance with this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives an award under this part shall use the funds 
for activities that— 
‘‘(A) are evidence-based; 
‘‘(B) 
will 
improve 
student 
academic 
achievement; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from 
the following two categories: 
‘‘(i) Supplemental student support ac-
tivities such as before, after, or summer 
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school activities, tutoring, and expanded 
learning time, but not including athletics 
or in-school learning activities. 
‘‘(ii) Activities designed to support 
students, such as academic subject specific 
programs including computer science and 
other science, technology, engineering, and 
mathematics programs, civic education, ad-
junct teacher, extended-learning-time, and 
dual enrollment programs, and parent en-
gagement, but not including activities to— 
‘‘(I) support smaller class sizes 
or construction; or 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(2) PARTICIPATION OF CHILDREN ENROLLED 
IN PRIVATE SCHOOLS.—An eligible entity that re-
ceives an award under this part shall ensure compli-
ance with section 6501 (relating to participation of 
children enrolled in private schools). 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive an 
award under this part, an eligible entity shall submit 
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an application to the State educational agency at 
such time, in such manner, and including such infor-
mation as the State educational agency may reason-
ably require, including the contents required by 
paragraph (2). 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the activities to be 
funded and how they are consistent with sub-
section (b), including any activities that will in-
crease student safety; 
‘‘(B) an assurance that funds under this 
part will be used to increase the level of State, 
local, and other non-Federal funds that would, 
in the absence of funds under this part, be 
made available for programs and activities au-
thorized under this part, and in no case sup-
plant State, local, or non-Federal funds; 
‘‘(C) an assurance that the community will 
be given notice of an intent to submit an appli-
cation with an opportunity for comment, and 
that the application will be available for public 
review after submission of the application; and 
‘‘(D) an assurance that students who ben-
efit from any activity funded under this part 
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shall continue to maintain enrollment in a pub-
lic elementary or secondary school. 
‘‘(d) REVIEW.—In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality 
of such applications but the review shall be limited to the 
likelihood that the project will increase student academic 
achievement. 
‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this part equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(f) AWARD.—A grant shall be awarded to all eligible 
entities that submit an application that meets the require-
ments of this section in an amount that is not less than 
$10,000, but there shall be only one annual award granted 
to any one local educational agency, but such award may 
be for multiple projects or programs with the local edu-
cational agency. 
‘‘(g) DURATION
OF AWARDS.—Grants under this 
part may be awarded for a period of not more than 5 
years. 
‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
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‘‘(1) a local educational agency in partnership 
with a community-based organization, business enti-
ty, or nongovernmental entity; 
‘‘(2) a consortium of local educational agencies 
working in partnership with a community-based or-
ganization, business entity, or nongovernmental enti-
ty; 
‘‘(3) a community-based organization in part-
nership with a local educational agency and, if appli-
cable, a business entity or nongovernmental entity; 
or 
‘‘(4) a business entity in partnership with a 
local educational agency and, if applicable, a commu-
nity-based organization or nongovernmental entity. 
‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 
IMPROVE ACADEMIC ACHIEVEMENT. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3202(c)(2), a State educational agency shall 
award grants to nongovernmental entities, including pub-
lic or private organizations, community-based or faith- 
based organizations, and business entities for a program 
or project to increase the academic achievement of public 
school students attending public elementary or secondary 
schools (or both) in compliance with the requirements in 
this section. Subject to the availability of funds, the State 
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educational agency shall award a grant to each eligible ap-
plicant that meets the requirements in a sufficient size and 
scope to support the program. 
‘‘(b) APPLICATION.—The State educational agency 
shall require an application that includes the following in-
formation: 
‘‘(1) A description of the program or project 
the applicant will use the funds to support. 
‘‘(2) A description of how the applicant is using 
or will use other State, local, or private funding to 
support the program or project. 
‘‘(3) A description of how the program or 
project will help increase student academic achieve-
ment, including the evidence to support this claim. 
‘‘(4) A description of the student population the 
program or project is targeting to impact, and if the 
program will prioritize students in high-need local 
educational agencies. 
‘‘(5) A description of how the applicant will 
conduct sufficient outreach to ensure students can 
participate in the program or project. 
‘‘(6) A description of any partnerships the ap-
plicant has entered into with local educational agen-
cies or other entities the applicant will work with, if 
applicable. 
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‘‘(7) A description of how the applicant will 
work to share evidence-based and other effective 
strategies from the program or project with local 
educational agencies and other entities working with 
students to increase academic achievement. 
‘‘(8) An assurance that students who benefit 
from any program or project funded under this sec-
tion shall continue to maintain enrollment in a pub-
lic elementary or secondary school. 
‘‘(c) MATCHING CONTRIBUTION.—An eligible appli-
cant receiving a grant under this section shall provide, ei-
ther directly or through private contributions, non-Federal 
matching funds equal to not less than 50 percent of the 
amount of the grant. 
‘‘(d) REVIEW.—The State educational agency shall 
review the application to ensure that— 
‘‘(1) the applicant is an eligible applicant; 
‘‘(2) the application clearly describes the re-
quired elements in subsection (b); 
‘‘(3) the entity meets the matching requirement 
described in subsection (c); and 
‘‘(4) the program is allowable and complies with 
Federal, State, and local laws. 
‘‘(e) DISTRIBUTION OF FUNDS.—If the application 
requests exceed the funds available, the State educational 
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agency shall prioritize projects that support students in 
high-need local educational agencies and ensure geo-
graphic diversity, including serving rural, suburban, and 
urban areas. 
‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per-
cent of a grant awarded under this section may be used 
for administrative costs. 
‘‘SEC. 3206. REPORT. 
‘‘Each recipient of a grant under section 3204 or 
3205 shall report to the State educational agency on— 
‘‘(1) the success of the program in reaching the 
goals of the program; 
‘‘(2) a description of the students served by the 
program and how the students’ academic achieve-
ment improved; and 
‘‘(3) the results of any evaluation conducted on 
the success of the program.’’. 
TITLE IV—IMPACT AID 
SEC. 401. PURPOSE. 
Section 8001 (20 U.S.C. 7701) is amended by strik-
ing ‘‘challenging State standards’’ and inserting ‘‘State 
academic standards’’. 
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY. 
Section 8002 (20 U.S.C. 7702) is amended— 
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(1) in subsection (a)(1)(C), by amending the 
matter preceding clause (i) to read as follows: 
‘‘(C) had an assessed value according to 
original records (including facsimiles or other 
reproductions of those records) documenting 
the assessed value of such property (determined 
as of the time or times when so acquired) pre-
pared by the local officials referred to in sub-
section (b)(3) or, when such original records 
are not available due to unintentional destruc-
tion (such as natural disaster, fire, flooding, 
pest infestation, or deterioration due to age), 
other records, including Federal agency records, 
local historical records, or other records that 
the Secretary determines to be appropriate and 
reliable, aggregating 10 percent or more of the 
assessed value of—’’; 
(2) in subsection (b)(1)(B), by striking ‘‘section 
8014(a)’’ and inserting ‘‘section 3(d)(1)’’; 
(3) by amending subsection (f) to read as fol-
lows: 
‘‘(f) SPECIAL RULE.—Beginning with fiscal year 
2014, a local educational agency shall be deemed to meet 
the requirements of subsection (a)(1)(C) if records to de-
termine eligibility under such subsection were destroyed 
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prior to fiscal year 2000 and the agency received funds 
under subsection (b) in the previous year.’’; 
(4) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FORMER DISTRICTS.— 
‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 
and each succeeding fiscal year, if a local edu-
cational agency described in subsection (b) is formed 
at any time after 1938 by the consolidation of 2 or 
more former school districts, the local educational 
agency may elect to have the Secretary determine its 
eligibility for any fiscal year on the basis of 1 or 
more of those former districts, as designated by the 
local educational agency. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency referred to in sub-
section (a) is— 
‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
applied, and was determined to be eligible 
under, section 2(c) of the Act of September 30, 
1950 (Public Law 874, 81st Congress) as that 
section was in effect for that fiscal year; or 
‘‘(B) a local educational agency formed by 
the consolidation of 2 or more districts, at least 
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1 of which was eligible for assistance under this 
section for the fiscal year preceding the year of 
the consolidation, if— 
‘‘(i) for fiscal years 2006 through 
2013 the local educational agency notified 
the Secretary not later than 30 days after 
the date of enactment of this Act; and 
‘‘(ii) for fiscal year 2014 the local 
educational agency includes the designa-
tion in its application under section 8005 
or any timely amendment to such applica-
tion. 
‘‘(3) AMOUNT.—A local educational agency eli-
gible under subsection (b) shall receive a foundation 
payment as provided for under subparagraphs (A) 
and (B) of subsection (h)(1), except that the founda-
tion payment shall be calculated based on the most 
recent payment received by the local educational 
based on its former common status.’’; 
(5) in subsection (h)— 
(A) in paragraph (2)— 
(i) in subparagraph (C)(ii), by strik-
ing ‘‘section 8014(a)’’ and inserting ‘‘sec-
tion 3(d)(1)’’; and 
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(ii) in subparagraph (D), by striking 
‘‘section 8014(a)’’ and inserting ‘‘section 
3(d)(1)’’; and 
(B) in paragraph (4), by striking ‘‘Impact 
Aid Improvement Act of 2012’’ and inserting 
‘‘Student Success Act’’; 
(6) by repealing subsections (k) and (m); 
(7) by redesignating subsection (l) as subsection 
(j); 
(8) by amending subsection (j) (as so redesig-
nated) by striking ‘‘(h)(4)(B)’’ and inserting 
‘‘(h)(2)’’; and 
(9) by redesignating subsection (n) as sub-
section (k). 
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN. 
(a) COMPUTATION OF PAYMENT.—Section 8003(a) 
(20 U.S.C. 7703(a)) is amended— 
(1) in the matter preceding subparagraph (A) 
of paragraph (1), by inserting after ‘‘schools of such 
agency’’ the following: ‘‘(including those children en-
rolled in such agency as a result of the open enroll-
ment policy of the State in which the agency is lo-
cated, but not including children who are enrolled in 
a distance education program at such agency and 
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who are not residing within the geographic bound-
aries of such agency)’’; and 
(2) in paragraph (5)(A), by striking ‘‘1984’’ 
and all that follows through ‘‘situated’’ and inserting 
‘‘1984, or under lease of off-base property under 
subchapter IV of chapter 169 of title 10, United 
States Code, to be children described under para-
graph (1)(B) if the property described is within the 
fenced security perimeter of the military facility or 
attached to and under any type of force protection 
agreement with the military installation upon which 
such housing is situated’’. 
(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED
LOCAL
EDUCATIONAL
AGENCIES.—Section 
8003(b) (20 U.S.C. 7703(b)) is amended— 
(1) by striking ‘‘section 8014(b)’’ each place it 
appears and inserting ‘‘section 3(d)(2)’’; 
(2) in paragraph (1), by repealing subpara-
graph (E); 
(3) in paragraph (2)— 
(A) in subparagraph (B)— 
(i) by striking ‘‘CONTINUING’’ in the 
heading; 
(ii) by amending clause (i) to read as 
follows: 
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‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency is eligible 
to receive a basic support payment under 
subparagraph (A) with respect to a num-
ber of children determined under sub-
section (a)(1) if the agency— 
‘‘(I) is a local educational agen-
cy— 
‘‘(aa) whose boundaries are 
the same as a Federal military 
installation or an island property 
designated by the Secretary of 
the Interior to be property that is 
held in trust by the Federal Gov-
ernment; and 
‘‘(bb) that has no taxing au-
thority; 
‘‘(II) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 45 percent; 
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‘‘(bb) has a per-pupil ex-
penditure that is less than— 
‘‘(AA) for an agency 
that has a total student en-
rollment of 500 or more stu-
dents, 125 percent of the av-
erage per-pupil expenditure 
of the State in which the 
agency is located; or 
‘‘(BB) for any agency 
that has a total student en-
rollment less than 500, 150 
percent of the average per- 
pupil expenditure of the 
State in which the agency is 
located or the average per- 
pupil expenditure of 3 or 
more comparable local edu-
cational 
agencies 
in 
the 
State in which the agency is 
located; and 
‘‘(cc) is an agency that— 
‘‘(AA) has a tax rate 
for general fund purposes 
that is not less than 95 per-
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cent of the average tax rate 
for general fund purposes of 
comparable local educational 
agencies in the State; or 
‘‘(BB) was eligible to 
receive a payment under this 
subsection for fiscal year 
2013 and is located in a 
State that by State law has 
eliminated ad valorem tax as 
a revenue for local edu-
cational agencies; 
‘‘(III) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 20 percent; 
‘‘(bb) for the 3 fiscal years 
preceding the fiscal year for 
which the determination is made, 
the average enrollment of chil-
dren who are not described in 
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subsection (a)(1) and who are eli-
gible for a free or reduced price 
lunch under the Richard B. Rus-
sell National School Lunch Act 
constitutes a percentage of the 
total student enrollment of the 
agency that is not less than 65 
percent; and 
‘‘(cc) has a tax rate for gen-
eral fund purposes which is not 
less than 125 percent of the aver-
age tax rate for general fund 
purposes for comparable local 
educational agencies in the State; 
‘‘(IV) is a local educational agen-
cy that has a total student enrollment 
of not less than 25,000 students, of 
which— 
‘‘(aa) not less than 50 per-
cent are children described in 
subsection (a)(1); and 
‘‘(bb) not less than 5,500 of 
such children are children de-
scribed in subparagraphs (A) and 
(B) of subsection (a)(1); or 
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‘‘(V) is a local educational agency 
that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) including, for purposes of 
determining eligibility, those chil-
dren described in subparagraphs 
(F) and (G) of such subsection, 
that is not less than 35 percent 
of the total student enrollment of 
the agency; and 
‘‘(bb) was eligible to receive 
assistance under subparagraph 
(A) for fiscal year 2001.’’; and 
(iii) in clause (ii)— 
(I) by striking ‘‘A heavily’’ and 
inserting the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a heavily’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) LOSS OF ELIGIBILITY DUE 
TO FALLING BELOW 95 PERCENT OF 
THE AVERAGE TAX RATE FOR GEN-
ERAL FUND PURPOSES.—In a case of 
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a heavily impacted local educational 
agency that is eligible to receive a 
basic support payment under subpara-
graph (A), but that has had, for 2 
consecutive fiscal years, a tax rate for 
general fund purposes that falls below 
95 percent of the average tax rate for 
general fund purposes of comparable 
local educational agencies in the 
State, such agency shall be deter-
mined to be ineligible under clause (i) 
and ineligible to receive a basic sup-
port payment under subparagraph (A) 
for each fiscal year succeeding such 2 
consecutive fiscal years for which the 
agency has such a tax rate for general 
fund purposes, and until the fiscal 
year for which the agency resumes 
such eligibility in accordance with 
clause (iii).’’; 
(B) by striking subparagraph (C); 
(C) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
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(D) in subparagraph (C) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘REG-
ULAR’’; 
(ii) by striking ‘‘Except as provided in 
subparagraph (E)’’ and inserting ‘‘Except 
as provided in subparagraph (D)’’; 
(iii) by amending subclause (I) of 
clause (ii) to read as follows: ‘‘ (I)(aa) For 
a local educational agency with respect to 
which 35 percent or more of the total stu-
dent enrollment of the schools of the agen-
cy are children described in subparagraph 
(D) or (E) (or a combination thereof) of 
subsection (a)(1), and that has an enroll-
ment of children described in subpara-
graph (A), (B), or (C) of such subsection 
equal to at least 10 percent of the agency’s 
total enrollment, the Secretary shall cal-
culate the weighted student units of those 
children described in subparagraph (D) or 
(E) of such subsection by multiplying the 
number of such children by a factor of 
0.55. 
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‘‘(bb) Notwithstanding subitem (aa), a 
local educational agency that received a 
payment under this paragraph for fiscal 
year 2013 shall not be required to have an 
enrollment of children described in sub-
paragraph (A), (B), or (C) of subsection 
(a)(1) equal to at least 10 percent of the 
agency’s total enrollment.’’; and 
(iv) by amending subclause (III) of 
clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 
inserting ‘‘subparagraph (B)(i)(I)’’; 
(E) in subparagraph (D)(i)(II) (as so re-
designated), by striking ‘‘6,000’’ and inserting 
‘‘5,500’’; 
(F) in subparagraph (E) (as so redesig-
nated)— 
(i) by striking ‘‘Secretary’’ and all 
that follows through ‘‘shall use’’ and in-
serting ‘‘Secretary shall use’’; 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking clause (ii); 
(G) in subparagraph (F) (as so redesig-
nated), 
by 
striking 
‘‘subparagraph 
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(C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 
(B)(i)(II)(bb)(BB)’’; and 
(H) in subparagraph (G) (as so redesig-
nated)— 
(i) in clause (i)— 
(I) by striking ‘‘subparagraph 
(B), (C), (D), or (E)’’ and inserting 
‘‘subparagraph (B), (C), or (D)’’; 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii)’’ the following ‘‘, or as the direct 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation’’; 
and 
(IV) by inserting before the pe-
riod, the following: ‘‘or during such 
time as activities associated with base 
closure 
and 
realignment, 
modularization, 
force 
structure 
change, or force relocation are ongo-
ing’’; and 
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(ii) in clause (ii), by striking ‘‘(D) or 
(E)’’ each place it appears and inserting 
‘‘(C) or (D)’’; 
(4) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) by amending clause (iii) to read as 
follows: 
‘‘(iii) In the case of a local educational 
agency providing a free public education to stu-
dents enrolled in kindergarten through grade 
12, but which enrolls students described in sub-
paragraphs (A), (B), and (D) of subsection 
(a)(1) only in grades 9 through 12, and which 
received a final payment in fiscal year 2009 cal-
culated under this paragraph (as this para-
graph was in effect on the day before the date 
of enactment of the Student Success Act) for 
students in grades 9 through 12, the Secretary 
shall, in calculating the agency’s payment, con-
sider only that portion of such agency’s total 
enrollment of students in grades 9 through 12 
when calculating the percentage under clause 
(i)(I) and only that portion of the total current 
expenditures attributed to the operation of 
grades 9 through 12 in such agency when cal-
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culating the percentage under clause (i)(II).’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(v) In the case of a local educational 
agency that is providing a program of distance 
education to children not residing within the ge-
ographic boundaries of the agency, the Sec-
retary shall— 
‘‘(I) for purposes of the calculation 
under clause (i)(I), disregard such children 
from the total number of children in aver-
age daily attendance at the schools served 
by such agency; and 
‘‘(II) for purposes of the calculation 
under clause (i)(II), disregard any funds 
received for such children from the total 
current expenditures for such agency.’’; 
(B) in subparagraph (C), by striking ‘‘sub-
paragraph (D) or (E) of paragraph (2), as the 
case may be’’ and inserting ‘‘paragraph 
(2)(D)’’; 
(C) by amending subparagraph (D) to read 
as follows: 
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‘‘(D) RATABLE
DISTRIBUTION.—For any 
fiscal year described in subparagraph (A) for 
which the sums available exceed the amount re-
quired to pay each local educational agency 100 
percent of its threshold payment, the Secretary 
shall distribute the excess sums to each eligible 
local educational agency that has not received 
its full amount computed under paragraph (1) 
or (2) (as the case may be) by multiplying— 
‘‘(i) a percentage, the denominator of 
which is the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for all local edu-
cational agencies and the amount of the 
threshold payment (as calculated under 
subparagraphs (B) and (C)) of all local 
educational agencies, and the numerator of 
which is the aggregate of the excess sums, 
by 
‘‘(ii) the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for the agency 
and the amount of the threshold payment 
as calculated under subparagraphs (B) and 
(C) of the agency.’’; and 
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(D) by inserting at the end the following 
new subparagraphs: 
‘‘(E) INSUFFICIENT PAYMENTS.—For each 
fiscal year described in subparagraph (A) for 
which the sums appropriated under section 
3(d)(2) are insufficient to pay each local edu-
cational agency all of the local educational 
agency’s threshold payment described in sub-
paragraph (D), the Secretary shall ratably re-
duce the payment to each local educational 
agency under this paragraph. 
‘‘(F) INCREASES.—If the sums appro-
priated under section 3(d)(2) are sufficient to 
increase the threshold payment above the 100 
percent threshold payment described in sub-
paragraph (D), then the Secretary shall in-
crease payments on the same basis as such pay-
ments were reduced, except no local educational 
agency may receive a payment amount greater 
than 100 percent of the maximum payment cal-
culated under this subsection.’’; and 
(5) in paragraph (4)— 
(A) in subparagraph (A), by striking 
‘‘through (D)’’ and inserting ‘‘and (C)’’; and 
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(B) in subparagraph (B), by striking ‘‘sub-
paragraph (D) or (E)’’ and inserting ‘‘subpara-
graph (C) or (D)’’. 
(c) PRIOR YEAR DATA.—Paragraph (2) of section 
8003(c) (20 U.S.C. 7703(c)) is amended to read as fol-
lows: 
‘‘(2) EXCEPTION.—Calculation of payments for 
a local educational agency shall be based on data 
from the fiscal year for which the agency is making 
an application for payment if such agency— 
‘‘(A) is newly established by a State, for 
the first year of operation of such agency only; 
‘‘(B) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an overall increase in enrollment 
(as determined by the Secretary in consultation 
with the Secretary of Defense, the Secretary of 
the Interior, or the heads of other Federal 
agencies)— 
‘‘(i) of not less than 10 percent, or 
100 students, of children described in— 
‘‘(I) subparagraph (A), (B), (C), 
or (D) of subsection (a)(1); or 
‘‘(II) subparagraphs (F) and (G) 
of subsection (a)(1), but only to the 
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extent such children are civilian de-
pendents of employees of the Depart-
ment of Defense or the Department of 
the Interior; and 
‘‘(ii) that is the direct result of closure 
or realignment of military installations 
under the base closure process or the relo-
cation of members of the Armed Forces 
and civilian employees of the Department 
of Defense as part of the force structure 
changes or movements of units or per-
sonnel between military installations or be-
cause of actions initiated by the Secretary 
of the Interior or the head of another Fed-
eral agency; or 
‘‘(C) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an increase in enrollment (as de-
termined by the Secretary)— 
‘‘(i) of not less than 10 percent of 
children described in subsection (a)(1) or 
not less than 100 of such children; and 
‘‘(ii) that is the direct result of the 
closure of a local educational agency that 
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received a payment under subsection (b)(1) 
or (b)(2) in the previous fiscal year.’’. 
(d) 
CHILDREN
WITH
DISABILITIES.—Section 
8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 
‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 
(e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 
7703(e)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the total amount the Secretary shall pay a local edu-
cational agency under subsection (b)— 
‘‘(A) for fiscal year 2016, shall not be less 
than 90 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013; 
‘‘(B) for fiscal year 2017, shall not be less 
than 85 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013; and 
‘‘(C) for fiscal year 2018, shall not be less 
than 80 percent of the total amount that the 
local educational agency received under sub-
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section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013.’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) MAXIMUM
AMOUNT.—The total amount 
provided to a local educational agency under sub-
paragraph (A), (B), or (C) of paragraph (1) for a 
fiscal year shall not exceed the maximum basic sup-
port payment amount for such agency determined 
under paragraph (1) or (2) of subsection (b), as the 
case may be, for such fiscal year.’’. 
(f) MAINTENANCE OF EFFORT.—Section 8003 (20 
U.S.C. 7703) is amended by striking subsection (g). 
SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL-
DREN RESIDING ON INDIAN LANDS. 
Section 8004(e)(9) is amended by striking ‘‘Bureau 
of Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu-
cation’’. 
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 
8002 AND 8003. 
Section 8005(b) (20 U.S.C. 7705(b)) is amended in 
the matter preceding paragraph (1) by striking ‘‘and shall 
contain such information,’’. 
SEC. 406. CONSTRUCTION. 
Section 8007 (20 U.S.C. 7707) is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (2), by adding at the end 
the following: 
‘‘(C) The agency is eligible under section 
4003(b)(2) or is receiving basic support pay-
ments under circumstances described in section 
4003(b)(2)(B)(ii).’’; and 
(C) in paragraph (3), by striking ‘‘section 
8014(e)’’ each place it appears and inserting 
‘‘section 3(d)(4)’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C)(i)(I), by add-
ing at the end the following: 
‘‘(cc) At least 10 percent of the 
property in the agency is exempt from 
State and local taxation under Fed-
eral law.’’; and 
(ii) by adding at the end the fol-
lowing: 
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‘‘(F) LIMITATIONS
ON
ELIGIBILITY
RE-
QUIREMENTS.—The Secretary shall not limit 
eligibility— 
‘‘(i) under subparagraph (C)(i)(I)(aa), 
to those local educational agencies in which 
the number of children determined under 
section 8003(a)(1)(C) for each such agency 
for the preceding school year constituted 
more than 40 percent of the total student 
enrollment in the schools of each such 
agency during the preceding school year; 
and 
‘‘(ii) under subparagraph (C)(i)(I)(cc), 
to those local educational agencies in which 
more than 10 percent of the property in 
each such agency is exempt from State and 
local taxation under Federal law.’’; 
(C) in paragraph (6)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘in such manner, 
and accompanied by such information’’ 
and inserting ‘‘and in such manner’’; and 
(ii) by striking subparagraph (F); and 
(D) by striking paragraph (7). 
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SEC. 407. FACILITIES. 
Section 8008 (20 U.S.C. 7708) is amended in sub-
section (a), by striking ‘‘section 8014(f)’’ and inserting 
‘‘section 3(d)(5)’’. 
SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO-
VIDING STATE AID. 
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 
amended by striking ‘‘and contain the information’’. 
SEC. 409. FEDERAL ADMINISTRATION. 
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amend-
ed, by striking ‘‘section 8014’’ and inserting ‘‘section 
3(d)’’. 
SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW. 
Section 8011(a) (20 U.S.C. 7711(a)) is amended by 
striking ‘‘or under the Act’’ and all that follows through 
‘‘1994)’’. 
SEC. 411. DEFINITIONS. 
Section 8013 (20 U.S.C. 7713) is amended— 
(1) in paragraph (1), by striking ‘‘and Marine 
Corps’’ and inserting ‘‘Marine Corps, and Coast 
Guard’’; 
(2) in paragraph (4), by striking ‘‘and title VI’’; 
(3) in paragraph (5)(A)(iii)— 
(A) in subclause (II), by striking ‘‘Stewart 
B. McKinney Homeless Assistance Act’’ and in-
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serting ‘‘McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11411)’’; and 
(B) in subclause (III), by inserting before 
the semicolon ‘‘(25 U.S.C. 4101 et seq.)’’; and 
(4) in paragraph (8)(A), by striking ‘‘and 
verified by’’ and inserting ‘‘, and verified by,’’. 
SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 
Section 8014 (20 U.S.C. 7801) is repealed. 
SEC. 413. CONFORMING AMENDMENTS. 
(a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sub-
section (c) of the Impact Aid Improvement Act of 2012 
(20 U.S.C. 6301 note; Public Law 112–239; 126 Stat. 
1748), as amended by section 563 of division A of Public 
Law 113–291, is amended— 
(1) by striking paragraphs (1) and (4); and 
(2) by redesignating paragraphs (2) and (3), as 
paragraphs (1) and (2), respectively. 
(b) REPEALS.— 
(1) TITLE IV.—Title IV (20 U.S.C. 7101 et 
seq.), as amended by section 601(b)(2) of this Act, 
is repealed. 
(2) PL 113–76.—Section 309 of division H of 
the Consolidated Appropriations Act, 2014 (Public 
Law 113–76; 20 U.S.C. 7702) is repealed. 
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(c) TRANSFER AND REDESIGNATION.—Title VIII (20 
U.S.C. 7701 et seq.), as amended by this title, is redesig-
nated as title IV (20 U.S.C. 7101 et seq.), and transferred 
and inserted after title III (as amended by this Act). 
(d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 
6301 et seq.) is amended— 
(1) by redesignating sections 8001 through 
8005 as sections 4001 through 4005, respectively; 
(2) by redesignating sections 8007 through 
8013 as sections 4007 through 4013, respectively; 
(3) by striking ‘‘section 8002’’ each place it ap-
pears and inserting ‘‘section 4002’’; 
(4) by striking ‘‘section 8002(b)’’ each place it 
appears and inserting ‘‘section 4002(b)’’; 
(5) by striking ‘‘section 8003’’ each place it ap-
pears and inserting ‘‘section 4003’’, respectively; 
(6) by striking ‘‘section 8003(a)’’ each place it 
appears and inserting ‘‘section 4003(a)’’; 
(7) by striking ‘‘section 8003(a)(1)’’ each place 
it appears and inserting ‘‘section 4003(a)(1)’’; 
(8) by striking ‘‘section 8003(a)(1)(C)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4003(a)(1)(C)’’; 
(9) by striking ‘‘section 8002(a)(2)’’ each place 
it appears and inserting ‘‘section 4002(a)(2)’’; 
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(10) by striking ‘‘section 8003(b)’’ each place it 
appears and inserting ‘‘section 4003(b)’’; 
(11) by striking ‘‘section 8003(b)(1)’’ each 
place it appears and inserting ‘‘section 4003(b)(1)’’; 
(12) in section 4002(b)(1)(C) (as so redesig-
nated), by striking ‘‘section 8003(b)(1)(C)’’ and in-
serting ‘‘section 4003(b)(1)(C)’’; 
(13) in section 4002(k)(1) (as so redesignated), 
by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 
‘‘section 4013(5)(C)(iii)’’; 
(14) in section 4005 (as so redesignated)— 
(A) in the section heading, by striking 
‘‘8002
AND
8003’’ and inserting ‘‘4002
AND 
4003’’; 
(B) by striking ‘‘or 8003’’ each place it ap-
pears and inserting ‘‘or 4003’’; 
(C) in subsection (b)(2), by striking ‘‘sec-
tion 8004’’ and inserting ‘‘section 4004’’; and 
(D) in subsection (d)(2), by striking ‘‘sec-
tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 
(15) in section 4007(a)(3)(A)(i)(II) (as so re-
designated), by striking ‘‘section 8008(a)’’ and in-
serting ‘‘section 4008(a)’’; 
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(16) in section 4007(a)(4) (as so redesignated), 
by striking ‘‘section 8013(3)’’ and inserting ‘‘section 
4013(3)’’; 
(17) in section 4009 (as so redesignated)— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘or 8003(b)’’ and in-
serting ‘‘or 4003(b)’’; 
(ii) 
by 
striking 
‘‘section 
8003(a)(2)(B)’’ and inserting ‘‘section 
4003(a)(2)(B)’’; and 
(iii) by striking ‘‘section 8003(b)(2)’’ 
each place it appears and inserting ‘‘sec-
tion 4003(b)(2)’’; and 
(B) by striking ‘‘section 8011(a)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4011(a)’’; and 
(18) in section 4010(c)(2)(D) (as so redesig-
nated) by striking ‘‘section 8009(b)’’ and inserting 
‘‘section 4009(b)’’. 
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TITLE V—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
SEC. 501. THE FEDERAL GOVERNMENT’S TRUST RESPONSI-
BILITY TO AMERICAN INDIAN, ALASKA NA-
TIVE, AND NATIVE HAWAIIAN EDUCATION. 
Title V of the Act (20 U.S.C. 7201 et seq.) is amend-
ed to read as follows: 
‘‘TITLE V—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
‘‘PART A—INDIAN EDUCATION 
‘‘SEC. 5101. STATEMENT OF POLICY. 
‘‘It is the policy of the United States to fulfill the 
Federal Government’s unique and continuing trust rela-
tionship with, and responsibility to, the Indian people for 
the education of Indian children. The Federal Government 
will continue to work with local educational agencies, In-
dian tribes and organizations, postsecondary institutions, 
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and other entities toward the goal of ensuring that pro-
grams that serve Indian children are of the highest quality 
and provide for not only the basic elementary and sec-
ondary educational needs, but also the unique educational 
and culturally related academic needs of these children. 
‘‘SEC. 5102. PURPOSE. 
‘‘It is the purpose of this part to support the efforts 
of local educational agencies, Indian tribes and organiza-
tions, postsecondary institutions, and other entities— 
‘‘(1) to meet the unique educational and cul-
turally related academic needs of American Indian 
and Alaska Native students, so that such students 
can meet State student academic achievement stand-
ards; 
‘‘(2) to ensure that Indian and Alaskan Native 
students gain knowledge and understanding of Na-
tive communities, languages, tribal histories, tradi-
tions, and cultures; and 
‘‘(3) to ensure that school leaders, teachers, and 
other staff who serve Indian and Alaska Native stu-
dents have the ability to provide culturally appro-
priate and effective instruction to such students. 
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‘‘Subpart 1—Formula Grants to Local Educational 
Agencies 
‘‘SEC. 5111. PURPOSE. 
‘‘It is the purpose of this subpart to support the ef-
forts of local educational agencies, Indian tribes and orga-
nizations, and other entities to improve the academic 
achievement of American Indian and Alaska Native stu-
dents by providing for their unique cultural, language, and 
educational needs and ensuring that they are prepared to 
meet State academic standards. 
‘‘SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN GENERAL.—In accordance with this section 
and section 5113, the Secretary may make grants from 
allocations made under section 5113, to— 
‘‘(1) local educational agencies; 
‘‘(2) Indian tribes; 
‘‘(3) Indian organizations; and 
‘‘(4) Alaska Native Organizations. 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this subpart for any fiscal year if the number of In-
dian children eligible under section 5117 who were 
enrolled in the schools of the agency, and to whom 
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the agency provided free public education, during 
the preceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent 
of the total number of individuals enrolled in 
the schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALAS-
KA NATIVE ORGANIZATIONS, AND CONSORTIA.— 
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is otherwise eligible for a grant under this 
subpart does not establish a committee under section 
5114(c)(4) for such grant, an Indian tribe, Indian 
organization, Alaska Native Organization, or consor-
tium of such entities that represents not less than 
one-third of the eligible Indian or Alaska Native 
children who are served by such local educational 
agency may apply for such grant. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
treat each Indian tribe, Indian organization, 
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Alaska Native Organization, or consortium of 
such entities applying for a grant pursuant to 
paragraph (1) as if such applicant were a local 
educational agency for purposes of this subpart. 
‘‘(B) EXCEPTIONS.—Notwithstanding sub-
paragraph (A), such Indian tribe, Indian orga-
nization, Alaska Native Organization, or con-
sortium of such entities shall not be subject to 
the requirements of section 5114(c)(5) or 5119. 
‘‘(3) ELIGIBILITY.—If more than 1 applicant 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
and Alaska Native children who are served by the 
local educational agency shall be eligible to receive 
the grant or the applicants may apply in consortium 
and jointly operate a program. 
‘‘(d) INDIAN
AND ALASKA NATIVE COMMUNITY- 
BASED ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—If no local educational 
agency pursuant to subsection (b), and no Indian 
tribe, tribal organization, Alaska Native Organiza-
tion, or consortium pursuant to subsection (c), ap-
plies for a grant under this subpart, Indian and 
Alaska Native community-based organizations serv-
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ing the community of the local educational agency 
may apply for the grant. 
‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 
Secretary shall apply the special rule in subsection 
(c)(2) to a community-based organization applying 
or receiving a grant under paragraph (1) in the 
same manner as such rule applies to an Indian tribe, 
Indian organization, Alaska Native Organization, or 
consortium. 
‘‘(3) DEFINITION OF INDIAN AND ALASKA NA-
TIVE
COMMUNITY-BASED
ORGANIZATIONS.—In this 
subsection, the term ‘Indian and Alaska Native com-
munity-based organizations’ means any organiza-
tions that— 
‘‘(A) are composed primarily of the family 
members of Indian or Alaska Native students, 
Indian or Alaska Native community members, 
tribal government education officials, and tribal 
members from a specific community; 
‘‘(B) assist in the social, cultural, and edu-
cational development of Indians or Alaska Na-
tives in such community; 
‘‘(C) meet the unique cultural, language, 
and academic needs of Indian or Alaska Native 
students; and 
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‘‘(D) demonstrate organizational and ad-
ministrative capacity to effectively manage the 
grant. 
‘‘SEC. 5113. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall 
allocate to each local educational agency that has an 
approved application under this subpart an amount 
equal to the product of— 
‘‘(A) the number of Indian children who 
are eligible under section 5117 and served by 
such agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is lo-
cated; or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e). 
‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under sec-
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tion 5112, and a school that is operated or sup-
ported by the Bureau of Indian Education that is el-
igible for a grant under subsection (d), that submits 
an application that is approved by the Secretary, 
shall, subject to appropriations, receive a grant 
under this subpart in an amount that is not less 
than $3,000. 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium for the purpose of obtaining 
grants under this subpart. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not 
more than $4,000 for all grantees if the Secretary 
determines such increase is necessary to ensure the 
quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, 
the term ‘average per pupil expenditure’, used with respect 
to a State, means an amount equal to— 
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the 
State, plus any direct current expenditures by the 
State for the operation of such agencies, without re-
gard to the sources of funds from which such local 
or State expenditures were made, during the second 
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fiscal year preceding the fiscal year for which the 
computation is made; divided by 
‘‘(2) the aggregate number of children who 
were included in average daily attendance for whom 
such agencies provided free public education during 
such preceding fiscal year. 
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE 
BUREAU OF INDIAN EDUCATION.— 
‘‘(1) IN GENERAL.—Subject to subsection (e), 
in addition to the grants awarded under subsection 
(a), the Secretary shall allocate to the Secretary of 
the Interior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and 
‘‘(B) the greater of— 
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‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this subpart shall submit an application in ac-
cordance with section 5114, and shall otherwise be 
treated as a local educational agency for the purpose 
of this subpart, except that such school shall not be 
subject to section 5114(c)(5) or section 5119. 
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year to carry out this subpart are 
insufficient to pay in full the amounts determined for local 
educational agencies under subsection (a)(1) and for the 
Secretary of the Interior under subsection (d), each of 
those amounts shall be ratably reduced. 
‘‘SEC. 5114. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
subpart shall submit an application to the Secretary at 
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. 
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‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include 
a description of a comprehensive program for meeting the 
needs of Indian and Alaska Native children served by the 
local educational agency, including the language and cul-
tural needs of the children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students; 
‘‘(2)(A) is consistent with the State, tribal, and 
local plans submitted under other provisions of this 
Act; and 
‘‘(B) includes academic content and student 
academic achievement goals for such children, and 
benchmarks for attaining such goals, that are based 
on State academic content and student academic 
achievement standards adopted under title I for all 
children; 
‘‘(3) explains how the local educational agency 
will use the funds made available under this subpart 
to supplement other Federal, State, and local pro-
grams that serve such students; 
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‘‘(4) demonstrates how funds made available 
under this subpart will be used for activities de-
scribed in section 5115; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that— 
‘‘(A) teachers and other school profes-
sionals who are new to the Indian or Alaska 
Native community are prepared to work with 
Indian and Alaska Native children; 
‘‘(B) all teachers who will be involved in 
programs assisted under this subpart have been 
properly trained to carry out such programs; 
and 
‘‘(C) those family members of Indian and 
Alaska Native children and representatives of 
tribes who are on the committee described in 
(c)(5) will participate in the planning of profes-
sional development materials; 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
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sisted under this subpart, in meeting the goals 
described in paragraph (2); 
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to— 
‘‘(i) the committee described in sub-
section (c)(5); 
‘‘(ii) the community served by the 
local educational agency; and 
‘‘(iii) the tribes whose children are 
served by the local educational agency; and 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A); and 
‘‘(7) explicitly delineates— 
‘‘(A) a formal, collaborative process that 
the local educational agency used to directly in-
volve tribes, Indian organizations, or Alaska 
Native Organizations in the development of the 
comprehensive programs and the results of such 
process; and 
‘‘(B) how the local educational agency 
plans to ensure that tribes, Indian organiza-
tions, or Alaska Native Organizations will play 
an active, meaningful, and ongoing role in the 
functioning of the comprehensive programs. 
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‘‘(c) ASSURANCES.—Each application submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this subpart only to supplement the 
funds that, in the absence of the Federal funds 
made available under this subpart, such agency 
would make available for services described in this 
subsection, and not to supplant such funds; 
‘‘(2) the local educational agency will use funds 
received under this subpart only for activities de-
scribed and authorized under this subpart; 
‘‘(3) the local educational agency will prepare 
and submit to the Secretary such reports, in such 
form and containing such information, as the Sec-
retary may require to— 
‘‘(A) carry out the functions of the Sec-
retary under this subpart; 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this subpart are effec-
tive in improving the educational achievement 
of Indian and Alaska Native students served by 
such agency; and 
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‘‘(C) determine the extent to which such 
activities address the unique cultural, language, 
and educational needs of Indian students; 
‘‘(4) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs 
of the American Indian and Alaska Native stu-
dents for whom the local educational agency is 
providing an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
or Alaska Native community; and 
‘‘(C) was developed by such agency in open 
consultation with the families of Indian or Alas-
ka Native children, Indian or Alaska Native 
teachers, Indian or Alaska Native students 
from secondary schools, and representatives of 
tribes, Indian organizations, or Alaska Native 
Organizations in the community including 
through public hearings held by such agency to 
provide to the individuals described in this sub-
paragraph a full opportunity to understand the 
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program and to offer recommendations regard-
ing the program; 
‘‘(5) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected 
by— 
‘‘(i) family members of Indian and 
Alaska Native children that are attending 
the local educational agency’s schools; 
‘‘(ii) teachers in the schools; and 
‘‘(iii) Indian and Alaska Native stu-
dents attending secondary schools of the 
agency; 
‘‘(B) a majority of whose members are 
family members of Indian and Alaska Native 
children that are attending the local educational 
agency’s schools; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures 
relating to the hiring of personnel, as will en-
sure that the program for which assistance is 
sought will be operated and evaluated in con-
sultation with, and with the involvement of, 
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parents of the children, and representatives of 
the area, to be served; 
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance 
with section 5115(c), that has— 
‘‘(i) reviewed in a timely fashion the 
program; 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and 
‘‘(iii) will directly enhance the edu-
cational experience of American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws 
for the conduct of the activities of the com-
mittee and abides by such bylaws; and 
‘‘(6) the local educational agency conducted 
adequate outreach to family members to meet the 
requirements under subsection (c)(5). 
‘‘SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart 
shall use the grant funds, in a manner consistent with the 
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purpose specified in section 5111, for services and activi-
ties that— 
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of 
the local educational agency submitted to the Sec-
retary under section 5114(a) solely for the services 
and activities described in such application; 
‘‘(2) are designed with special regard for the 
language and cultural needs of the Indian students; 
and 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
‘‘(1) activities that support Native American 
language immersion programs and Native American 
language restoration programs, which may be taught 
by traditional leaders; 
‘‘(2) culturally related activities that support 
the program described in the application submitted 
by the local educational agency; 
‘‘(3) early childhood and family programs that 
emphasize school readiness; 
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‘‘(4) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State 
academic content and student academic achievement 
standards; 
‘‘(5) integrated educational services in combina-
tion with other programs including programs that 
enhance student achievement by promoting increased 
involvement of parents and families in school activi-
ties; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Improvement Act of 2006, 
including programs for tech-prep education, men-
toring, and apprenticeship; 
‘‘(7) activities to educate individuals so as to 
prevent violence, suicide, and substance abuse; 
‘‘(8) the acquisition of equipment, but only if 
the acquisition of the equipment is essential to 
achieve the purpose described in section 5111; 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency; 
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