(III) by striking ‘‘pupil services 
personnel’’ and inserting ‘‘specialized 
instructional support personnel’’; and 
(viii) in subparagraph (H), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘proficient and ad-
vanced levels of achievement’’ and inserting 
‘‘academic standards’’; 
(ii) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(iii) in subparagraph (B), by striking 
‘‘challenging student academic achievement’’ 
and inserting ‘‘academic’’; 
(4) in subsection (d), in the matter preceding 
paragraph (1), by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘subpart’’; 
(5) in subsection (e)— 
(A) in paragraph (2)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘part’’ and inserting ‘‘subpart’’; 
and 
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(ii) in clause (iii), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized instruc-
tional support services’’; and 
(B) by striking paragraph (3); and 
(6) by adding at the end the following new sub-
section: 
‘‘(f) DELIVERY OF SERVICES.—The elements of a tar-
geted assistance program under this section may be deliv-
ered by nonprofit or for-profit external providers with ex-
pertise in using evidence-based or other effective strategies 
to improve student achievement.’’. 
SEC. 
117. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT; SCHOOL SUPPORT AND RECOGNITION. 
The Act is amended by repealing sections 1116 and 
1117 (20 U.S.C. 6316; 6317). 
SEC. 118. PARENTAL INVOLVEMENT. 
Section 1118 (20 U.S.C. 6318) is amended— 
(1) by striking ‘‘part’’ each place such term ap-
pears and inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
and’’ and all that follows through ‘‘1116’’; 
and 
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(ii) in subparagraph (D), by striking 
‘‘, such as’’ and all that follows through 
‘‘preschool programs’’; and 
(B) in paragraph (3)(A), by striking ‘‘sub-
part 2 of this part’’ each place it appears and 
inserting ‘‘chapter B of this subpart’’; 
(3) by amending subsection (c)(4)(B) to read as 
follows: 
‘‘(B) a description and explanation of the 
curriculum in use at the school and the forms of 
academic assessment used to measure student 
progress; and’’; 
(4) in subsection (d)(1), by striking ‘‘student 
academic achievement’’ and inserting ‘‘academic’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘State’s 
academic content standards and State student 
academic achievement standards’’ and inserting 
‘‘State’s academic standards’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘pupil services per-
sonnel,’’ and inserting ‘‘specialized instruc-
tional support personnel,’’; and 
(ii) by striking ‘‘principals,’’ and in-
serting ‘‘school leaders,’’; and 
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(C) in paragraph (4), by striking ‘‘Head 
Start, Reading First, Early Reading First, Even 
Start, the Home Instruction Programs for Pre-
school Youngsters, the Parents as Teachers Pro-
gram, and public preschool and other’’ and in-
serting ‘‘other Federal, State, and local’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FAMILY
ENGAGEMENT
IN
EDUCATION
PRO-
GRAMS.—In a State operating a program under subpart 
3 of part A of title III, each local educational agency or 
school that receives assistance under this subpart shall in-
form such parents and organizations of the existence of such 
programs.’’. 
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS. 
The Act is amended by repealing section 1119 (20 
U.S.C. 6319). 
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended to read as 
follows: 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
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‘‘(1) IN GENERAL.—To the extent consistent with 
the number of eligible children identified under sec-
tion 1115(b) in the school district served by a local 
educational agency who are enrolled in private ele-
mentary schools and secondary schools, a local edu-
cational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
representatives, provide such service, on an equi-
table basis and individually or in combination, 
as requested by the officials or representatives to 
best meet the needs of such children, special edu-
cational services, instructional services (includ-
ing evaluations to determine students’ progress 
in their academic needs), counseling, mentoring, 
one-on-one tutoring, or other benefits under this 
subpart (such as dual enrollment, educational 
radio and television, computer equipment and 
materials, other technology, and mobile edu-
cational services and equipment) that address 
their needs; and 
‘‘(B) ensure that teachers and families of 
the children participate, on an equitable basis, 
in services and activities developed pursuant to 
this subpart. 
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‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 
Such educational services or other benefits, including 
materials and equipment, shall be secular, neutral, 
and nonideological. 
‘‘(3) EQUITY.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits for such private school chil-
dren shall be equitable in comparison to services 
and other benefits for public school children par-
ticipating under this subpart, and shall be pro-
vided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such eq-
uity for such private school children, teachers, 
and other educational personnel, the State edu-
cational agency involved shall designate an om-
budsman to monitor and enforce the require-
ments of this subpart. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children shall be equal to the ex-
penditures for participating public school chil-
dren, taking into account the number, and edu-
cational needs, of the children to be served. The 
share of funds shall be determined based on the 
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representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency or, in a case described in subsection 
(b)(6)(C), the State educational agency involved, may 
provide services under this section directly or through 
contracts with public or private agencies, organiza-
tions, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a local educational agency shall 
consult with appropriate private school officials or 
representatives during the design and development of 
such agency’s programs under this subpart in order 
to reach an agreement between the agency and the of-
ficials or representatives about equitable and effective 
programs for eligible private school children, the re-
sults of which shall be transmitted to the designated 
ombudsmen under section 1120(a)(3)(B). Such proc-
ess shall include consultation on issues such as— 
‘‘(A) how the children’s needs will be identi-
fied; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
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‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school 
children, and the proportion of funds that is al-
located under subsection (a)(4)(A) for such serv-
ices, how that proportion of funds is determined 
under such subsection, and an itemization of the 
costs of the services to be provided; 
‘‘(F) the method or sources of data that are 
used under subsection (c) and section 1113(c)(1) 
to determine the number of children from low-in-
come families in participating school attendance 
areas who attend private schools; 
‘‘(G) how and when the agency will make 
decisions about the delivery of services to such 
children, including a thorough consideration and 
analysis of the views of the private school offi-
cials or representatives on the provision of serv-
ices through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or representa-
tives on the provision of services through a con-
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tract, the local educational agency will provide 
in writing to such private school officials an 
analysis of the reasons why the local educational 
agency has chosen not to use a contractor; 
‘‘(I) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public and private agencies, organi-
zations, and institutions; 
‘‘(J) whether to provide equitable services to 
eligible private school children— 
‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
subsection (a)(4) based on all the children 
from low-income families who attend pri-
vate schools in a participating school at-
tendance area of the agency from which the 
local educational agency will provide such 
services to all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
agency’s participating school attendance 
area with the proportion of funds allocated 
under subsection (a)(4) based on the number 
of children from low-income families who 
attend such school; 
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‘‘(K) at what time and where services will 
be provided so such students can receive such 
services without interrupting their other school 
or coursework; and 
‘‘(L) whether to consolidate and use funds 
under this subpart to provide schoolwide pro-
grams for a private school. 
‘‘(2) DISAGREEMENT.—If a local educational 
agency disagrees with the views of private school offi-
cials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agency 
shall provide in writing to such private school offi-
cials an analysis of the reasons why the local edu-
cational agency has chosen not to adopt the course of 
action requested by such officials. 
‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or rep-
resentatives and shall occur before the local edu-
cational agency makes any decision that affects the 
opportunities of eligible private school children to 
participate in programs under this subpart. Such 
meetings shall continue throughout implementation 
and assessment of services provided under this section. 
‘‘(4) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a 
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local educational agency can use to provide equitable 
services to eligible private school children. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or representa-
tives of each participating private school that the 
meaningful consultation required by this section has 
occurred. The written affirmation shall provide the 
option for private school officials or representatives to 
indicate that timely and meaningful consultation has 
not occurred or that the program design is not equi-
table with respect to eligible private school children. 
If such officials or representatives do not provide such 
affirmation within a reasonable period of time, the 
local educational agency shall forward the documenta-
tion that such consultation has, or attempts at such 
consultation have, taken place to the State edu-
cational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school official 
shall have the right to file a complaint with the 
State educational agency that the local edu-
cational agency did not engage in consultation 
that was meaningful and timely, did not give 
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due consideration to the views of the private 
school official, or did not treat the private school 
or its students equitably as required by this sec-
tion. 
‘‘(B) PROCEDURE.—If the private school of-
ficial wishes to file a complaint, the official shall 
provide the basis of the noncompliance with this 
section by the local educational agency to the 
State educational agency, and the local edu-
cational agency shall forward the appropriate 
documentation to the State educational agency. 
‘‘(C) STATE
EDUCATIONAL
AGENCIES.—A 
State educational agency shall provide services 
under this section directly or through contracts 
with public or private agencies, organizations, 
and institutions, if— 
‘‘(i) the appropriate private school offi-
cials or their representatives have— 
‘‘(I) requested that the State edu-
cational agency provide such services 
directly; and 
‘‘(II) demonstrated that the local 
educational agency involved has not 
met the requirements of this section; or 
‘‘(ii) in a case in which— 
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‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend private 
elementary schools or secondary schools 
in a participating school attendance 
area of the agency that are not being 
served by the agency’s program under 
this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a partici-
pating school attendance area of the 
agency are not being served by the 
agency’s program under this section. 
‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI-
VATE SCHOOL STUDENTS.— 
‘‘(1) CALCULATION.—A local educational agency 
shall have the final authority, consistent with this sec-
tion, to calculate the number of children, ages 5 
through 17, who are from low-income families and at-
tend private schools by— 
‘‘(A) using the same measure of low income 
used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fami-
lies of private school students, and allowing such 
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survey results to be extrapolated if complete ac-
tual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance area, 
determined pursuant to this section, to the num-
ber of private school children who reside in that 
school attendance area; or 
‘‘(D) using an equated measure of low in-
come correlated with the measure of low income 
used to count public school children. 
‘‘(2) COMPLAINT PROCESS.—Any dispute regard-
ing low-income data for private school students shall 
be subject to the complaint process authorized in sec-
tion 6503. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this subpart, and title to materials, 
equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall 
administer such funds, materials, equipment, and 
property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) PROVIDER.—The provision of services 
under this section shall be provided— 
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‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through a contract by such public 
agency with an individual, association, 
agency, or organization. 
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, associa-
tion, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or con-
tract shall be under the control and supervision 
of such public agency. 
‘‘(e) STANDARDS
FOR
A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for the 
participation in programs on an equitable basis of eligible 
children enrolled in private elementary schools and sec-
ondary schools, or if the Secretary determines that a local 
educational agency has substantially failed or is unwilling 
to provide for such participation, as required by this sec-
tion, the Secretary shall— 
‘‘(1) waive the requirements of this section for 
such local educational agency; 
‘‘(2) arrange for the provision of services to such 
children through arrangements that shall be subject to 
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the requirements of this section and sections 6503 and 
6504; and 
‘‘(3) in making the determination under this 
subsection, consider one or more factors, including the 
quality, size, scope, and location of the program and 
the opportunity of eligible children to participate.’’. 
SEC. 121. FISCAL REQUIREMENTS. 
Section 1120A (20 U.S.C. 6321) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) by striking subsection (a) and redesignating 
subsections (b), (c), and (d) as subsections (a), (b), 
and (c), respectively. 
SEC. 122. COORDINATION REQUIREMENTS. 
Section 1120B (20 U.S.C. 6322) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (a), by striking ‘‘such as the 
Early Reading First program’’; and 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, such as the Early Reading First 
program,’’; 
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(B) in paragraphs (1) through (3), by strik-
ing ‘‘such as the Early Reading First program’’ 
each place it appears; 
(C) in paragraph (4), by striking ‘‘Early 
Reading First program staff,’’; and 
(D) in paragraph (5), by striking ‘‘and en-
tities carrying out Early Reading First pro-
grams’’. 
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 
SECRETARY OF THE INTERIOR. 
Section 1121 (20 U.S.C. 6331) is amended— 
(1) in subsection (a), by striking ‘‘appropriated 
for payments to States for any fiscal year under sec-
tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 
for this chapter under section 1122(a)’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘the No 
Child Left Behind Act of 2001’’ and inserting 
‘‘the Student Success Act’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘basis,’’ and all that follows through the pe-
riod at the end and inserting ‘‘basis.’’; 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘challenging State academic content 
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standards’’ and inserting ‘‘State academic 
standards’’; and 
(iii) by striking subparagraph (D); 
and 
(3) in subsection (d)(2), by striking ‘‘part’’ and 
inserting ‘‘subpart’’. 
SEC. 124. ALLOCATIONS TO STATES. 
Section 1122 (20 U.S.C. 6332) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION.— 
‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91.44 percent of such amounts to carry out this 
chapter. 
‘‘(2) ALLOCATION FORMULA.—Of the amount re-
served under paragraph (1) for each of fiscal years 
2016 to 2021 (referred to in this subsection as the 
current fiscal year)— 
‘‘(A) an amount equal to the amount made 
available to carry out section 1124 for fiscal year 
2001 shall be used to carry out section 1124; 
‘‘(B) an amount equal to the amount made 
available to carry out section 1124A for fiscal 
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year 2001 shall be used to carry out section 
1124A; and 
‘‘(C) an amount equal to 100 percent of the 
amount, if any, by which the total amount made 
available to carry out this chapter for the fiscal 
year for which the determination is made exceeds 
the total amount available to carry out sections 
1124 and 1124A for fiscal year 2001 shall be 
used to carry out sections 1125 and 1125A and 
such amount shall be divided equally between 
sections 1125 and 1125A.’’; 
(2) in subsection (b)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’; 
(3) in subsection (c)(3), by striking ‘‘part’’ and 
inserting ‘‘subpart’’; and 
(4) in subsection (d)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’. 
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES. 
Section 1124 (20 U.S.C. 6333) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘subpart’’ and inserting ‘‘chapter’’; and 
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(ii) in subparagraph (C)(i), by strik-
ing ‘‘subpart’’ and inserting ‘‘chapter’’; and 
(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting ‘‘chap-
ter’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘sub-
part 1 of part D’’ and inserting ‘‘chapter A of 
subpart 3’’; and 
(B) in paragraph (2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
SEC. 126. TARGETED GRANTS TO LOCAL EDUCATIONAL 
AGENCIES. 
Section 1125 (20 U.S.C. 6335) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘15.58’’ 
and inserting ‘‘15.59’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘15.58’’ and in-
serting ‘‘15.59’’; and 
(II) by striking ‘‘22.11’’ and in-
serting ‘‘22.12’’; 
(iii) in clause (iii)— 
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(I) by striking ‘‘22.11’’ and in-
serting ‘‘22.12’’; and 
(II) by striking ‘‘30.16’’ and in-
serting ‘‘30.17’’; 
(iv) in clause (iv)— 
(I) by striking ‘‘30.16’’ and in-
serting ‘‘30.17’’; and 
(II) by striking ‘‘38.24’’ and in-
serting ‘‘38.25’’; and 
(v) in clause (v), by striking ‘‘38.24’’ 
and inserting ‘‘38.25’’; 
(B) in subparagraph (C)— 
(i) in clause (i), by striking ‘‘691’’ and 
inserting ‘‘692’’; 
(ii) in clause (ii)— 
(I) by striking ‘‘692’’ and insert-
ing ‘‘693’’; and 
(II) by striking ‘‘2,262’’ and in-
serting ‘‘2,263’’; 
(iii) in clause (iii)— 
(I) by striking ‘‘2,263’’ and in-
serting ‘‘2,264’’; and 
(II) by striking ‘‘7,851’’ and in-
serting ‘‘7,852’’; 
(iv) in clause (iv)— 
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(I) by striking ‘‘7,852’’ and in-
serting ‘‘7,853’’; and 
(II) by striking ‘‘35,514’’ and in-
serting ‘‘35,515’’; and 
(v) in clause (v), by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(2) by adding at the end the following: 
‘‘(f) APPLICATION.— 
‘‘(1) IN GENERAL.—The percentage and number 
ranges described in subparagraphs (B) and (C) of 
subsection (c)(2) shall be applied with respect to fiscal 
years 2016, 2017, 2018, 2019, 2020, and 2021 as such 
percentages and numbers were in effect on the day be-
fore the date of the enactment of the Student Success 
Act. 
‘‘(2) SECRETARY’S
CERTIFICATION.—For fiscal 
year 2022 and each subsequent fiscal year, the per-
centage and number ranges described in subpara-
graphs (B) and (C) of subsection (c)(2) shall be ap-
plied as such percentages and numbers were in effect 
on the day before the date of the enactment of the Stu-
dent Success Act unless the Secretary certifies that 
amendments made to such percentages and numbers 
by the Student Success Act will not result in harm 
to any school district.’’. 
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SEC. 127. ADEQUACY OF FUNDING TO LOCAL EDUCATIONAL 
AGENCIES IN FISCAL YEARS AFTER FISCAL 
YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to read 
as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING TO LOCAL EDU-
CATIONAL AGENCIES IN FISCAL YEARS AFTER 
FISCAL YEAR 2001. 
‘‘(a) LIMITATION OF ALLOCATION.—Pursuant to sec-
tion 1122, the total amount allocated in any fiscal year 
after fiscal year 2001 for programs and activities under this 
subpart shall not exceed the amount allocated in fiscal year 
2001 for such programs and activities unless the amount 
available for targeted grants to local educational agencies 
under section 1125 in the applicable fiscal year meets the 
requirements of section 1122(a). 
‘‘(b) FINDINGS.—Congress makes the following find-
ings: 
‘‘(1) The formulas for distributing Targeted and 
Education 
Finance 
Incentive 
grants 
use 
two 
weighting systems, one based on the percentage of the 
aged 5-17 population in a local educational agency 
that is eligible to receive funds under this title (per-
centage weighting), and another based on the absolute 
number of such students (number weighting). Which-
ever of these weighting systems results in the highest 
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total weighted formula student count for a local edu-
cational agency is the weighting system used for that 
agency in the final allocation of Targeted and Edu-
cation Finance Incentive Grant funds. 
‘‘(2) The Congressional Research Service has 
said the number weighting alternative is generally 
more favorable to large local educational agencies 
with much larger counts of eligible children, but not 
necessarily higher concentrations, weighted at the 
highest point in the scale than smaller local edu-
cational agencies with smaller counts, but higher con-
centrations, of eligible children. 
‘‘(3) The current percentage and number 
weighting scales are based on the most current data 
available in 2001 on the distribution of eligible chil-
dren across local educational agencies. 
‘‘(4) Prior to the date of the enactment of the 
Student Success Act, Congress expects updated data to 
be available, which will provide Congress an oppor-
tunity to update these scales based on such data. 
‘‘(5) When these scales are updated, Congress has 
a further obligation to evaluate the use of percentage 
and number weighting to ensure the most equitable 
distribution of Targeted and Education Finance In-
centive Grant funds to local educational agencies.’’. 
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100 
SEC. 128. EDUCATION FINANCE INCENTIVE GRANT PRO-
GRAM. 
Section 1125A (20 U.S.C. 6337) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ap-
propriated pursuant to subsection (f)’’ and in-
serting ‘‘made available for any fiscal year to 
carry out this section’’; and 
(B) in subparagraph (B)(i), by striking 
‘‘total appropriations’’ and inserting ‘‘the total 
amount reserved under section 1122(a) to carry 
out this section’’; 
(3) by striking subsections (a), (e), and (f) and 
redesignating subsections (b), (c), (d), and (g) as sub-
sections (a), (b), (c), and (d), respectively; 
(4) in subsection (b), as so redesignated, by re-
designating subparagraphs (A) and (B) as para-
graphs (1) and (2), respectively; 
(5) in subsection (c), as so redesignated— 
(A) in paragraph (1)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
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101 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ and 
inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ and 
inserting ‘‘2,263’’; 
(III) in subclause (III)— 
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102 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ and 
inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; 
(B) in paragraph (2)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; 
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103 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ and 
inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ and 
inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ and 
inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
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104 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; and 
(C) in paragraph (3)(B)— 
(i) in clause (ii)— 
(I) in subclause (I), by striking 
‘‘15.58’’ and inserting ‘‘15.59’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘15.58’’ and 
inserting ‘‘15.59’’; and 
(bb) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘22.11’’ and 
inserting ‘‘22.12’’; and 
(bb) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘30.16’’ and 
inserting ‘‘30.17’’; and 
(bb) by striking ‘‘38.24’’ and 
inserting ‘‘38.25’’; and 
(V) in subclause (V), by striking 
‘‘38.24’’ and inserting ‘‘38.25’’; and 
(ii) in clause (iii)— 
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105 
(I) in subclause (I), by striking 
‘‘691’’ and inserting ‘‘692’’; 
(II) in subclause (II)— 
(aa) by striking ‘‘692’’ and 
inserting ‘‘693’’; and 
(bb) by striking ‘‘2,262’’ and 
inserting ‘‘2,263’’; 
(III) in subclause (III)— 
(aa) by striking ‘‘2,263’’ and 
inserting ‘‘2,264’’; and 
(bb) by striking ‘‘7,851’’ and 
inserting ‘‘7,852’’; 
(IV) in subclause (IV)— 
(aa) by striking ‘‘7,852’’ and 
inserting ‘‘7,853’’; and 
(bb) by striking ‘‘35,514’’ 
and inserting ‘‘35,515’’; and 
(V) in subclause (V), by striking 
‘‘35,514’’ and inserting ‘‘35,515’’; and 
(6) by adding at the end the following new sub-
section: 
‘‘(e) APPLICATION.— 
‘‘(1) IN GENERAL.—The percentage and number 
ranges described in clauses (ii) and (iii) of paragraph 
(1)(B), clauses (ii) and (iii) of paragraph (2)(B), and 
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106 
clauses (ii) and (iii) of paragraph (3)(B) shall be ap-
plied with respect to fiscal years 2016, 2017, 2018, 
2019, 2020, and 2021 as such percentages and num-
bers were in effect on the day before the date of the 
enactment of the Student Success Act. 
‘‘(2) SECRETARY’S
CERTIFICATION.—For fiscal 
year 2022 and each subsequent fiscal year, the per-
centage and number ranges described in clauses (ii) 
and (iii) of paragraph (1)(B), clauses (ii) and (iii) 
of paragraph (2)(B), and clauses (ii) and (iii) of 
paragraph (3)(B) shall be applied as such percentages 
and numbers were in effect on the day before the date 
of the enactment of the Student Success Act unless the 
Secretary certifies that amendments made to such 
percentages and numbers by the Student Success Act 
will not result in harm to any school district.’’. 
SEC. 129. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by striking 
‘‘subpart’’ each place it appears and inserting ‘‘chapter’’. 
SEC. 130. TITLE I PORTABILITY. 
Chapter B of subpart 1 of part A of title I (20 U.S.C. 
6331 et seq.) is amended by adding at the end the following 
new section: 
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107 
‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 
CHILD STATE OPTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and to the extent permitted under State law, 
a State educational agency may allocate grant funds under 
this chapter among the local educational agencies in the 
State based on the number of eligible children enrolled in 
the public schools served by each local educational agency. 
‘‘(b) ELIGIBLE CHILD.— 
‘‘(1) DEFINITION.—In this section, the term ‘eli-
gible child’ means a child aged 5 to 17, inclusive, 
from a family with an income below the poverty level 
on the basis of the most recent satisfactory data pub-
lished by the Department of Commerce. 
‘‘(2) CRITERIA OF POVERTY.—In determining the 
families with incomes below the poverty level for the 
purposes of this section, a State educational agency 
shall use the criteria of poverty used by the Census 
Bureau in compiling the most recent decennial cen-
sus, as the criteria have been updated by increases in 
the Consumer Price Index for All Urban Consumers, 
published by the Bureau of Labor Statistics. 
‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 
‘‘(1) IDENTIFICATION OF ELIGIBLE CHILDREN.— 
On an annual basis, on a date to be determined by 
the State educational agency, each local educational 
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108 
agency that receives grant funding in accordance with 
subsection (a) shall inform the State educational 
agency of the number of eligible children enrolled in 
public schools served by the local educational agency. 
‘‘(2) ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.—Based on the identification of eligible children 
in paragraph (1), the State educational agency shall 
provide to a local educational agency an amount 
equal to the sum of the amount available for each eli-
gible child in the State multiplied by the number of 
eligible children identified by the local educational 
agency under paragraph (1). 
‘‘(3) DISTRIBUTION
TO
SCHOOLS.—Each local 
educational agency that receives funds under para-
graph (2) shall distribute such funds to the public 
schools served by the local educational agency— 
‘‘(A) based on the number of eligible chil-
dren enrolled in such schools; and 
‘‘(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the 
funds made available from non-Federal resources 
for the education of pupils participating in pro-
grams under this subpart, and not to supplant 
such funds.’’. 
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109 
Subtitle C—Additional Aid to 
States and School Districts 
SEC. 131. ADDITIONAL AID. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 
as amended by the preceding provisions of this Act, is fur-
ther amended— 
(1) by striking parts B through D and F through 
H; and 
(2) by inserting after subpart 1 of part A the fol-
lowing: 
‘‘Subpart 2—Education of Migratory Children 
‘‘SEC. 1131. PROGRAM PURPOSES. 
‘‘The purposes of this subpart are as follows: 
‘‘(1) To assist States in supporting high-quality 
and comprehensive educational programs and services 
during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children. 
‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any man-
ner by disparities among the States in curriculum, 
graduation requirements, and State academic stand-
ards. 
‘‘(3) To help such children succeed in school, 
meet the State academic standards that all children 
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110 
are expected to meet, and graduate from high school 
prepared for postsecondary education and the work-
force without the need for remediation. 
‘‘(4) To help such children overcome educational 
disruption, cultural and language barriers, social iso-
lation, various health-related problems, and other fac-
tors that inhibit the ability of such children to succeed 
in school. 
‘‘(5) To help such children benefit from State 
and local systemic reforms. 
‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.45 per-
cent to carry out this subpart. 
‘‘(b) GRANTS AWARDED.—From the amounts reserved 
under subsection (a) and not reserved under section 1138(c), 
the Secretary shall make allotments for the fiscal year to 
State educational agencies, or consortia of such agencies, 
to establish or improve, directly or through local operating 
agencies, programs of education for migratory children in 
accordance with this subpart. 
‘‘SEC. 1133. STATE ALLOCATIONS. 
‘‘(a) STATE ALLOCATIONS.—Except as provided in 
subsection (c), each State (other than the Commonwealth 
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111 
of Puerto Rico) is entitled to receive under this subpart an 
amount equal to the product of— 
‘‘(1) the sum of— 
‘‘(A) the average number of identified eligi-
ble full-time equivalent migratory children aged 
3 through 21 residing in the State, based on data 
for the preceding 3 years; and 
‘‘(B) the number of identified eligible mi-
gratory children, aged 3 through 21, who re-
ceived services under this subpart in summer or 
intersession programs provided by the State dur-
ing the previous year; multiplied by 
‘‘(2) 40 percent of the average per-pupil expendi-
ture in the State, except that the amount determined 
under this paragraph shall not be less than 32 per-
cent, nor more than 48 percent, of the average per- 
pupil expenditure in the United States. 
‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 
(a), for each of fiscal years 2016 through 2018, no State 
shall receive less than 90 percent of the State’s allocation 
under this section for the previous year. 
‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 
year, the grant which the Commonwealth of Puerto Rico 
shall be eligible to receive under this subpart shall be the 
amount determined by multiplying the number of children 
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112 
who would be counted under subsection (a)(1) if such sub-
section applied to the Commonwealth of Puerto Rico by the 
product of— 
‘‘(1) the percentage that the average per-pupil 
expenditure in the Commonwealth of Puerto Rico is 
of the lowest average per-pupil expenditure of any of 
the 50 States, except that the percentage calculated 
under this subparagraph shall not be less than 85 
percent; and 
‘‘(2) 32 percent of the average per-pupil expendi-
ture in the United States. 
‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) RATABLE REDUCTIONS.—If, after the 
Secretary reserves funds under section 1138(c), 
the amount appropriated to carry out this sub-
part for any fiscal year is insufficient to pay in 
full the amounts for which all States are eligible, 
the Secretary shall ratably reduce each such 
amount. 
‘‘(B) REALLOCATION.—If additional funds 
become available for making such payments for 
any fiscal year, the Secretary shall allocate such 
funds to States in amounts that the Secretary 
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113 
determines will best carry out the purpose of this 
subpart. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) FURTHER
REDUCTIONS.—The Sec-
retary shall further reduce the amount of any 
grant to a State under this subpart for any fis-
cal year if the Secretary determines, based on 
available information on the numbers and needs 
of migratory children in the State and the pro-
gram proposed by the State to address such 
needs, that such amount exceeds the amount re-
quired under section 1134. 
‘‘(B) REALLOCATION.—The Secretary shall 
reallocate such excess funds to other States whose 
grants under this subpart would otherwise be in-
sufficient to provide an appropriate level of serv-
ices to migratory children, in such amounts as 
the Secretary determines are appropriate. 
‘‘(e) CONSORTIUM ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—In the case of a State that 
receives a grant of $1,000,000 or less under this sec-
tion, the Secretary shall consult with the State edu-
cational agency to determine whether consortium ar-
rangements with another State or other appropriate 
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114 
entity would result in delivery of services in a more 
effective and efficient manner. 
‘‘(2) PROPOSALS.—Any State, regardless of the 
amount of such State’s allocation, may submit a con-
sortium arrangement to the Secretary for approval. 
‘‘(3) APPROVAL.—The Secretary shall approve a 
consortium arrangement under paragraph (1) or (2) 
if the proposal demonstrates that the arrangement 
will— 
‘‘(A) reduce administrative costs or pro-
gram function costs for State programs; and 
‘‘(B) make more funds available for direct 
services to add substantially to the educational 
achievement of children to be served under this 
subpart. 
‘‘(f) DETERMINING NUMBERS
OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of mi-
gratory children residing in each State for purposes of this 
section, the Secretary shall— 
‘‘(1) use the most recent information that most 
accurately reflects the actual number of migratory 
children; 
‘‘(2) develop and implement a procedure for 
monitoring the accuracy of such information; 
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115 
‘‘(3) develop and implement a procedure for 
more accurately reflecting cost factors for different 
types of summer and intersession program designs; 
‘‘(4) adjust the full-time equivalent number of 
migratory children who reside in each State to take 
into account— 
‘‘(A) the unique needs of those children par-
ticipating in evidence-based or other effective 
special programs provided under this subpart 
that operate during the summer and intersession 
periods; and 
‘‘(B) the additional costs of operating such 
programs; and 
‘‘(5) conduct an analysis of the options for ad-
justing the formula so as to better direct services to 
migratory children, including the most at-risk migra-
tory children. 
‘‘(g) NONPARTICIPATING STATES.—In the case of a 
State desiring to receive an allocation under this subpart 
for a fiscal year that did not receive an allocation for the 
previous fiscal year or that has been participating for less 
than 3 consecutive years, the Secretary shall calculate the 
State’s number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using 
the most recent data available that identifies the migratory 
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116 
children residing in the State until data is available to cal-
culate the 3-year average number of such children in ac-
cordance with such subsection. 
‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 
‘‘(a) APPLICATION REQUIRED.—Any State desiring to 
receive a grant under this subpart for any fiscal year shall 
submit an application to the Secretary at such time and 
in such manner as the Secretary may require. 
‘‘(b) PROGRAM INFORMATION.—Each such application 
shall include— 
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects as-
sisted under this subpart, the State and its local oper-
ating agencies will ensure that the unique educational 
needs of migratory children, including preschool mi-
gratory children, are identified and addressed 
through— 
‘‘(A) the full range of services that are 
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams; 
‘‘(B) joint planning among local, State, and 
Federal educational programs serving migratory 
children, including language instruction edu-
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117 
cational programs under chapter A of subpart 4; 
and 
‘‘(C) the integration of services available 
under this subpart with services provided by 
those other programs; 
‘‘(2) a description of the steps the State is taking 
to provide all migratory students with the oppor-
tunity to meet the same State academic standards 
that all children are expected to meet; 
‘‘(3) a description of how the State will use 
funds received under this subpart to promote inter-
state and intrastate coordination of services for mi-
gratory children, including how the State will provide 
for educational continuity through the timely transfer 
of pertinent school records, including information on 
health, when children move from one school to an-
other, whether or not such a move occurs during the 
regular school year; 
‘‘(4) a description of the State’s priorities for the 
use of funds received under this subpart, and how 
such priorities relate to the State’s assessment of 
needs for services in the State; 
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants the State will 
award to local operating agencies, taking into ac-
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118 
count the numbers and needs of migratory children, 
the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local 
programs; and 
‘‘(6) a description of how the State will encour-
age programs and projects assisted under this subpart 
to offer family literacy services if the programs and 
projects serve a substantial number of migratory chil-
dren whose parents do not have a regular high school 
diploma or its recognized equivalent or who have low 
levels of literacy. 
‘‘(c) ASSURANCES.—Each such application shall also 
include assurances that— 
‘‘(1) funds received under this subpart will be 
used only— 
‘‘(A) for programs and projects, including 
the acquisition of equipment, in accordance with 
section 1136; and 
‘‘(B) to coordinate such programs and 
projects with similar programs and projects 
within the State and in other States, as well as 
with other Federal programs that can benefit mi-
gratory children and their families; 
‘‘(2) such programs and projects will be carried 
out in a manner consistent with the objectives of sec-
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119 
tion 1114, subsections (b) and (d) of section 1115, 
subsections (b) and (c) of section 1120A, and part C; 
‘‘(3) in the planning and operation of programs 
and projects at both the State and local agency oper-
ating level, there is consultation with parents of mi-
gratory children for programs of not less than one 
school year in duration, and that all such programs 
and projects are carried out— 
‘‘(A) in a manner that provides for the 
same parental involvement as is required for 
programs and projects under section 1118, unless 
extraordinary circumstances make such provi-
sion impractical; and 
‘‘(B) in a format and language understand-
able to the parents; 
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education 
needs of preschool migratory children; 
‘‘(5) the effectiveness of such programs and 
projects will be determined, where feasible, using the 
same approaches and standards that will be used to 
assess the performance of students, schools, and local 
educational agencies under subpart 1; 
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‘‘(6) to the extent feasible, such programs and 
projects will provide for— 
‘‘(A) advocacy and outreach activities for 
migratory children and their families, including 
informing such children and families of, or help-
ing such children and families gain access to, 
other education, health, nutrition, and social 
services; 
‘‘(B) professional development programs, in-
cluding mentoring, for teachers and other pro-
gram personnel; 
‘‘(C) high-quality, evidence-based family lit-
eracy programs; 
‘‘(D) the integration of information tech-
nology into educational and related programs; 
and 
‘‘(E) programs to facilitate the transition of 
secondary school students to postsecondary edu-
cation or employment without the need for reme-
diation; and 
‘‘(7) the State will assist the Secretary in deter-
mining the number of migratory children under 
paragraph (1) of section 1133(a). 
‘‘(d) PRIORITY FOR SERVICES.—In providing services 
with funds received under this subpart, each recipient of 
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such funds shall give priority to migratory children who 
are failing, or most at risk of failing, to meet the State’s 
academic standards under section 1111(b)(1). 
‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding 
any other provision of this subpart— 
‘‘(1) a child who ceases to be a migratory child 
during a school term shall be eligible for services until 
the end of such term; 
‘‘(2) a child who is no longer a migratory child 
may continue to receive services for one additional 
school year, but only if comparable services are not 
available through other programs; and 
‘‘(3) secondary school students who were eligible 
for services in secondary school may continue to be 
served through credit accrual programs until gradua-
tion. 
‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 
‘‘The Secretary shall approve each State application 
that meets the requirements of this subpart, and may review 
any such application using a peer review process. 
‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES. 
‘‘(a) COMPREHENSIVE PLAN.— 
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‘‘(1) IN GENERAL.—Each State that receives as-
sistance under this subpart shall ensure that the State 
and its local operating agencies identify and address 
the unique educational needs of migratory children in 
accordance with a comprehensive State plan that— 
‘‘(A) is integrated with other programs 
under this Act or other Acts, as appropriate; 
‘‘(B) may be submitted as a part of a con-
solidated application under section 6302, if— 
‘‘(i) the unique needs of migratory 
children are specifically addressed in the 
comprehensive State plan; 
‘‘(ii) the comprehensive State plan is 
developed in collaboration with parents of 
migratory children; and 
‘‘(iii) the comprehensive State plan is 
not used to supplant State efforts regarding, 
or administrative funding for, this subpart; 
‘‘(C) provides that migratory children will 
have an opportunity to meet the same State aca-
demic standards under section 1111(b)(1) that 
all children are expected to meet; 
‘‘(D) specifies measurable program goals 
and outcomes; 
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‘‘(E) encompasses the full range of services 
that are available for migratory children from 
appropriate local, State, and Federal edu-
cational programs; 
‘‘(F) is the product of joint planning among 
such local, State, and Federal programs, includ-
ing programs under subpart 1, early childhood 
programs, and language instruction educational 
programs under chapter A of subpart 4; and 
‘‘(G) provides for the integration of services 
available under this subpart with services pro-
vided by such other programs. 
‘‘(2) DURATION OF THE PLAN.—Each such com-
prehensive State plan shall— 
‘‘(A) remain in effect for the duration of the 
State’s participation under this subpart; and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
subpart. 
‘‘(b) AUTHORIZED ACTIVITIES.— 
‘‘(1) FLEXIBILITY.—In implementing the com-
prehensive plan described in subsection (a), each 
State educational agency, where applicable through 
its local educational agencies, retains the flexibility to 
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determine the activities to be provided with funds 
made available under this subpart, except that such 
funds first shall be used to meet the identified needs 
of migratory children that result from their migratory 
lifestyle, and to permit these children to participate 
effectively in school. 
‘‘(2) UNADDRESSED
NEEDS.—Funds provided 
under this subpart shall be used to address the needs 
of migratory children that are not addressed by serv-
ices available from other Federal or non-Federal pro-
grams, except that migratory children who are eligible 
to receive services under subpart 1 may receive those 
services through funds provided under that subpart, 
or through funds under this subpart that remain after 
the agency addresses the needs described in paragraph 
(1). 
‘‘(3) CONSTRUCTION.—Nothing in this subpart 
shall be construed to prohibit a local educational 
agency from serving migratory children simulta-
neously with students with similar educational needs 
in the same educational settings, where appropriate. 
‘‘SEC. 1137. BYPASS. 
‘‘The Secretary may use all or part of any State’s allo-
cation under this subpart to make arrangements with any 
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public or private agency to carry out the purpose of this 
subpart in such State if the Secretary determines that— 
‘‘(1) the State is unable or unwilling to conduct 
educational programs for migratory children; 
‘‘(2) such arrangements would result in more ef-
ficient and economic administration of such pro-
grams; or 
‘‘(3) such arrangements would add substantially 
to the educational achievement of such children. 
‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION AC-
TIVITIES. 
‘‘(a) IMPROVEMENT OF COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, may make grants to, or enter 
into contracts with, State educational agencies, local 
educational agencies, institutions of higher education, 
and other public and private entities to improve the 
interstate and intrastate coordination among such 
agencies’ educational programs, including through the 
establishment or improvement of programs for credit 
accrual and exchange, available to migratory stu-
dents. 
‘‘(2) DURATION.—Grants or contracts under this 
subsection may be awarded for not more than 5 years. 
‘‘(b) STUDENT RECORDS.— 
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‘‘(1) ASSISTANCE.—The Secretary shall assist 
States in developing and maintaining an effective 
system for the electronic transfer of student records 
and in determining the number of migratory children 
in each State. 
‘‘(2) INFORMATION SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall ensure the linkage 
of migratory student record systems for the pur-
pose of electronically exchanging, among the 
States, health and educational information re-
garding all migratory students. The Secretary 
shall ensure such linkage occurs in a cost-effec-
tive manner, utilizing systems used by the States 
prior to, or developed after, the date of the enact-
ment of this Act. The Secretary shall determine 
the minimum data elements that each State re-
ceiving funds under this subpart shall collect and 
maintain. Such minimum data elements may 
include— 
‘‘(i) immunization records and other 
health information; 
‘‘(ii) elementary and secondary aca-
demic history (including partial credit), 
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credit accrual, and results from State as-
sessments required under section 1111(b)(2); 
‘‘(iii) other academic information es-
sential to ensuring that migratory children 
achieve to the States’s academic standards; 
and 
‘‘(iv) eligibility for services under the 
Individuals with Disabilities Education 
Act. 
‘‘(B) The Secretary shall consult with 
States before updating the data elements that 
each State receiving funds under this subpart 
shall be required to collect for purposes of elec-
tronic transfer of migratory student information 
and the requirements that States shall meet for 
immediate electronic access to such information. 
‘‘(3) NO
COST
FOR
CERTAIN
TRANSFERS.—A 
State educational agency or local educational agency 
receiving assistance under this subpart shall make 
student records available to another State educational 
agency or local educational agency that requests the 
records at no cost to the requesting agency, if the re-
quest is made in order to meet the needs of a migra-
tory child. 
‘‘(4) REPORT TO CONGRESS.— 
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‘‘(A) IN GENERAL.—Not later than April 
30, 2016, the Secretary shall report to the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives the Secretary’s findings and rec-
ommendations regarding the maintenance and 
transfer of health and educational information 
for migratory students by the States. 
‘‘(B) REQUIRED CONTENTS.—The Secretary 
shall include in such report— 
‘‘(i) a review of the progress of States 
in developing and linking electronic records 
transfer systems; 
‘‘(ii) recommendations for maintaining 
such systems; and 
‘‘(iii) recommendations for improving 
the continuity of services provided for mi-
gratory students. 
‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
reserve not more than $10,000,000 of the amount reserved 
under section 1132 to carry out this section for each fiscal 
year. 
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129 
‘‘(d) DATA COLLECTION.—The Secretary shall direct 
the National Center for Education Statistics to collect data 
on migratory children. 
‘‘SEC. 1139. DEFINITIONS. 
‘‘As used in this subpart: 
‘‘(1) LOCAL
OPERATING
AGENCY.—The term 
‘local operating agency’ means— 
‘‘(A) a local educational agency to which a 
State educational agency makes a subgrant 
under this subpart; 
‘‘(B) a public or private agency with which 
a State educational agency or the Secretary 
makes an arrangement to carry out a project 
under this subpart; or 
‘‘(C) a State educational agency, if the 
State educational agency operates the State’s mi-
gratory education program or projects directly. 
‘‘(2) MIGRATORY CHILD.—The term ‘migratory 
child’ means a child who is, or whose parent or 
spouse is, a migratory agricultural worker, including 
a migratory dairy worker, or a migratory fisher, and 
who, in the preceding 36 months, in order to obtain, 
or accompany such parent or spouse, in order to ob-
tain, temporary or seasonal employment in agricul-
tural or fishing work— 
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130 
‘‘(A) has moved from one school district to 
another; 
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district; or 
‘‘(C) resides in a school district of more 
than 15,000 square miles, and migrates a dis-
tance of 20 miles or more to a temporary resi-
dence to engage in a fishing activity. 
‘‘Subpart 3—Prevention and Intervention Programs 
for Children and Youth Who Are Neglected, De-
linquent, or At-Risk 
‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 
‘‘(a) PURPOSE.—It is the purpose of this subpart— 
‘‘(1) to improve educational services for children 
and youth in local and State institutions for ne-
glected or delinquent children and youth so that such 
children and youth have the opportunity to meet the 
same State academic standards that all children in 
the State are expected to meet; 
‘‘(2) to provide such children and youth with the 
services needed to make a successful transition from 
institutionalization to further schooling or employ-
ment; and 
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‘‘(3) to prevent at-risk youth from dropping out 
of school, and to provide dropouts, and children and 
youth returning from correctional facilities or institu-
tions for neglected or delinquent children and youth, 
with a support system to ensure their continued edu-
cation. 
‘‘(b) PROGRAM AUTHORIZED.—From amounts appro-
priated under section 3(a)(1), the Secretary shall reserve 
0.31 of one percent to carry out this subpart. 
‘‘(c) GRANTS AWARDED.—From the amounts reserved 
under subsection (b) and not reserved under section 1004 
and section 1159, the Secretary shall make grants to State 
educational agencies that have plans submitted under sec-
tion 1154 approved to enable such agencies to award sub-
grants to State agencies and local educational agencies to 
establish or improve programs of education for neglected, 
delinquent, or at-risk children and youth. 
‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB-
PART. 
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 
amount computed under section 1152, the Secretary shall 
allocate to each State educational agency an amount nec-
essary to make subgrants to State agencies under chapter 
A. 
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132 
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for 
the purpose of carrying out chapter B, funds generated 
throughout the State under subpart 1 of this part based on 
children and youth residing in local correctional facilities, 
or attending community day programs for delinquent chil-
dren and youth. 
‘‘CHAPTER A—STATE AGENCY PROGRAMS 
‘‘SEC. 1151. ELIGIBILITY. 
‘‘A State agency is eligible for assistance under this 
chapter if such State agency is responsible for providing 
free public education for children and youth— 
‘‘(1) in institutions for neglected or delinquent 
children and youth; 
‘‘(2) attending community day programs for ne-
glected or delinquent children and youth; or 
‘‘(3) in adult correctional institutions. 
‘‘SEC. 1152. ALLOCATION OF FUNDS. 
‘‘(a) SUBGRANTS TO STATE AGENCIES.— 
‘‘(1) IN GENERAL.—Each State agency described 
in section 1151 (other than an agency in the Com-
monwealth of Puerto Rico) is eligible to receive a 
subgrant under this chapter, for each fiscal year, in 
an amount equal to the product of— 
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133 
‘‘(A) the number of neglected or delinquent 
children and youth described in section 1151 
who— 
‘‘(i) are enrolled for at least 15 hours 
per week in education programs in adult 
correctional institutions; and 
‘‘(ii) are enrolled for at least 20 hours 
per week— 
‘‘(I) in education programs in in-
stitutions for neglected or delinquent 
children and youth; or 
‘‘(II) in community day programs 
for neglected or delinquent children 
and youth; and 
‘‘(B) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount 
determined under this subparagraph shall not be 
less than 32 percent, nor more than 48 percent, 
of the average per-pupil expenditure in the 
United States. 
‘‘(2) SPECIAL RULE.—The number of neglected 
or delinquent children and youth determined under 
paragraph (1) shall— 
‘‘(A) be determined by the State agency by 
a deadline set by the Secretary, except that no 
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134 
State agency shall be required to determine the 
number of such children and youth on a specific 
date set by the Secretary; and 
‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative 
length of such agency’s annual programs. 
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO 
RICO.— 
‘‘(1) IN
GENERAL.—For each fiscal year, the 
amount of the subgrant which a State agency in the 
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this chapter shall be the amount deter-
mined by multiplying the number of children counted 
under subsection (a)(1)(A) for the Commonwealth of 
Puerto Rico by the product of— 
‘‘(A) the percentage which the average per- 
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per-pupil expend-
iture of any of the 50 States; and 
‘‘(B) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(2) MINIMUM PERCENTAGE.—The percentage in 
paragraph (1)(A) shall not be less than 85 percent. 
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT 
APPROPRIATIONS.—If the amount reserved for any fiscal 
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135 
year for subgrants under subsections (a) and (b) is insuffi-
cient to pay the full amount for which all State agencies 
are eligible under such subsections, the Secretary shall rat-
ably reduce each such amount. 
‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 
‘‘If a State educational agency determines that a State 
agency does not need the full amount of the subgrant for 
which such State agency is eligible under this chapter for 
any fiscal year, the State educational agency may reallocate 
the amount that will not be needed to other eligible State 
agencies that need additional funds to carry out the purpose 
of this chapter, in such amounts as the State educational 
agency shall determine. 
‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA-
TIONS. 
‘‘(a) STATE PLAN.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that desires to receive a grant under this 
chapter shall submit, for approval by the Secretary, 
a plan— 
‘‘(A) for meeting the educational needs of 
neglected, delinquent, and at-risk children and 
youth; 
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‘‘(B) for assisting in the transition of chil-
dren and youth from correctional facilities to lo-
cally operated programs; and 
‘‘(C) that is integrated with other programs 
under this Act or other Acts, as appropriate. 
‘‘(2) CONTENTS.—Each such State plan shall— 
‘‘(A) describe how the State will assess the 
effectiveness of the program in improving the 
academic, career, and technical skills of children 
in the program; 
‘‘(B) provide that, to the extent feasible, 
such children will have the same opportunities to 
achieve as such children would have if such chil-
dren were in the schools of local educational 
agencies in the State; 
‘‘(C) describe how the State will place a 
priority for such children to obtain a regular 
high school diploma, to the extent feasible; and 
‘‘(D) contain an assurance that the State 
educational agency will— 
‘‘(i) ensure that programs assisted 
under this chapter will be carried out in ac-
cordance with the State plan described in 
this subsection; 
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137 
‘‘(ii) carry out the evaluation require-
ments of section 1171; and 
‘‘(iii) ensure that the State agencies re-
ceiving subgrants under this chapter comply 
with all applicable statutory and regulatory 
requirements. 
‘‘(3) DURATION OF THE PLAN.—Each such State 
plan shall— 
‘‘(A) remain in effect for the duration of the 
State’s participation under this chapter; and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
chapter. 
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 
‘‘(1) SECRETARIAL
APPROVAL.—The Secretary 
shall approve each State plan that meets the require-
ments of this chapter. 
‘‘(2) PEER REVIEW.—The Secretary may review 
any State plan with the assistance and advice of in-
dividuals with relevant expertise. 
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen-
cy that desires to receive funds to carry out a program 
under this chapter shall submit an application to the State 
educational agency that— 
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138 
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to as-
sess the educational needs of the children to be served 
under this chapter; 
‘‘(2) provide an assurance that in making serv-
ices available to children and youth in adult correc-
tional institutions, priority will be given to such chil-
dren and youth who are likely to complete incarcer-
ation within a 2-year period; 
‘‘(3) describes the program, including a budget 
for the first year of the program, with annual updates 
to be provided to the State educational agency; 
‘‘(4) describes how the program will meet the 
goals and objectives of the State plan; 
‘‘(5) describes how the State agency will consult 
with experts and provide the necessary training for 
appropriate staff, to ensure that the planning and op-
eration of institution-wide projects under section 1156 
are of high quality; 
‘‘(6) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under title I of Public Law 
105–220, career and technical education programs, 
State and local dropout prevention programs, and 
special education programs; 
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‘‘(7) describes how the State agency will encour-
age correctional facilities receiving funds under this 
chapter to coordinate with local educational agencies 
or alternative education programs attended by incar-
cerated children and youth prior to and after their 
incarceration to ensure that student assessments and 
appropriate academic records are shared jointly be-
tween the correctional facility and the local edu-
cational agency or alternative education program; 
‘‘(8) describes how appropriate professional de-
velopment will be provided to teachers and other staff; 
‘‘(9) designates an individual in each affected 
correctional facility or institution for neglected or de-
linquent children and youth to be responsible for 
issues relating to the transition of such children and 
youth from such facility or institution to locally oper-
ated programs; 
‘‘(10) describes how the State agency will en-
deavor to coordinate with businesses for training and 
mentoring for participating children and youth; 
‘‘(11) provides an assurance that the State agen-
cy will assist in locating alternative programs 
through which students can continue their education 
if the students are not returning to school after leav-
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ing the correctional facility or institution for ne-
glected or delinquent children and youth; 
‘‘(12) provides assurances that the State agency 
will work with parents to secure parents’ assistance 
in improving the educational achievement of their 
children and youth, and preventing their children’s 
and youth’s further involvement in delinquent activi-
ties; 
‘‘(13) provides an assurance that the State agen-
cy will work with children and youth with disabilities 
in order to meet an existing individualized education 
program and an assurance that the agency will notify 
the child’s or youth’s local school if the child or 
youth— 
‘‘(A) is identified as in need of special edu-
cation services while the child or youth is in the 
correctional facility or institution for neglected 
or delinquent children and youth; and 
‘‘(B) intends to return to the local school; 
‘‘(14) provides an assurance that the State agen-
cy will work with children and youth who dropped 
out of school before entering the correctional facility 
or institution for neglected or delinquent children and 
youth to encourage the children and youth to reenter 
school and obtain a regular high school diploma once 
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the term of the incarceration is completed, or provide 
the child or youth with the skills necessary to gain 
employment, continue the education of the child or 
youth, or obtain a regular high school diploma or its 
recognized equivalent if the child or youth does not 
intend to return to school; 
‘‘(15) provides an assurance that effective teach-
ers and other qualified staff are trained to work with 
children and youth with disabilities and other stu-
dents with special needs taking into consideration the 
unique needs of such students; 
‘‘(16) describes any additional services to be pro-
vided to children and youth, such as career coun-
seling, distance education, and assistance in securing 
student loans and grants; and 
‘‘(17) provides an assurance that the program 
under this chapter will be coordinated with any pro-
grams operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601 et 
seq.) or other comparable programs, if applicable. 
‘‘SEC. 1155. USE OF FUNDS. 
‘‘(a) USES.— 
‘‘(1) IN
GENERAL.—A State agency shall use 
funds received under this chapter only for programs 
and projects that— 
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‘‘(A) are consistent with the State plan 
under section 1154(a); and 
‘‘(B) concentrate on providing participants 
with the knowledge and skills needed to make a 
successful transition to secondary school comple-
tion, career and technical education, further edu-
cation, or employment without the need for re-
mediation. 
‘‘(2) PROGRAMS AND PROJECTS.—Such programs 
and projects— 
‘‘(A) may include the acquisition of equip-
ment; 
‘‘(B) shall be designed to support edu-
cational services that— 
‘‘(i) except for institution-wide projects 
under section 1156, are provided to children 
and youth identified by the State agency as 
failing, or most at-risk of failing, to meet 
the State’s academic standards; 
‘‘(ii) supplement and improve the 
quality of the educational services provided 
to such children and youth by the State 
agency; and 
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‘‘(iii) afford such children and youth 
an opportunity to meet State academic 
standards; and 
‘‘(C) shall be carried out in a manner con-
sistent with section 1120A and part C (as ap-
plied to programs and projects under this chap-
ter). 
‘‘(b) SUPPLEMENT, NOT
SUPPLANT.—A program 
under this chapter that supplements the number of hours 
of instruction students receive from State and local sources 
shall be considered to comply with the supplement, not sup-
plant requirement of section 1120A (as applied to this chap-
ter) without regard to the subject areas in which instruction 
is given during those hours. 
‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 
‘‘A State agency that provides free public education 
for children and youth in an institution for neglected or 
delinquent children and youth (other than an adult correc-
tional institution) or attending a community day program 
for such children and youth may use funds received under 
this chapter to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the 
State agency has developed, and the State educational agen-
cy has approved, a comprehensive plan for that institution 
or program that— 
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‘‘(1) provides for a comprehensive assessment of 
the educational needs of all children and youth in the 
institution or program serving juveniles; 
‘‘(2) provides for a comprehensive assessment of 
the educational needs of youth aged 20 and younger 
in adult facilities who are expected to complete incar-
ceration within a 2-year period; 
‘‘(3) describes the steps the State agency has 
taken, or will take, to provide all children and youth 
under age 21 with the opportunity to meet State aca-
demic standards in order to improve the likelihood 
that the children and youth will complete secondary 
school, obtain a regular high school diploma or its 
recognized equivalent, or find employment after leav-
ing the institution; 
‘‘(4) describes the instructional program, special-
ized instructional support services, and procedures 
that will be used to meet the needs described in para-
graph (1), including, to the extent feasible, the provi-
sion of mentors for the children and youth described 
in paragraph (1); 
‘‘(5) specifically describes how such funds will be 
used; 
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‘‘(6) describes the measures and procedures that 
will be used to assess and improve student achieve-
ment; 
‘‘(7) describes how the agency has planned, and 
will implement and evaluate, the institution-wide or 
program-wide project in consultation with personnel 
providing direct instructional services and support 
services in institutions or community day programs 
for neglected or delinquent children and youth, and 
with personnel from the State educational agency; 
and 
‘‘(8) includes an assurance that the State agency 
has provided for appropriate training for teachers 
and other instructional and administrative personnel 
to enable such teachers and personnel to carry out the 
project effectively. 
‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 
‘‘If a State agency operates a program or project under 
this chapter in which individual children or youth are like-
ly to participate for more than one year, the State edu-
cational agency may approve the State agency’s applica-
tion for a subgrant under this chapter for a period of not 
more than 3 years. 
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‘‘SEC. 1158. TRANSITION SERVICES. 
‘‘(a) TRANSITION SERVICES.—Each State agency shall 
reserve not less than 15 percent and not more than 30 per-
cent of the amount such agency receives under this chapter 
for any fiscal year to support— 
‘‘(1) projects that facilitate the transition of chil-
dren and youth from State-operated institutions to 
schools served by local educational agencies; or 
‘‘(2) the successful re-entry of youth offenders, 
who are age 20 or younger and have received a reg-
ular high school diploma or its recognized equivalent, 
into postsecondary education, or career and technical 
training programs, through strategies designed to ex-
pose the youth to, and prepare the youth for, postsec-
ondary education, or career and technical training 
programs, such as— 
‘‘(A) preplacement programs that allow ad-
judicated or incarcerated youth to audit or at-
tend courses on college, university, or community 
college campuses, or through programs provided 
in institutional settings; 
‘‘(B) worksite schools, in which institutions 
of higher education and private or public em-
ployers partner to create programs to help stu-
dents make a successful transition to postsec-
ondary education and employment; and 
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‘‘(C) essential support services to ensure the 
success of the youth, such as— 
‘‘(i) personal, career and technical, 
and academic counseling; 
‘‘(ii) placement services designed to 
place the youth in a university, college, or 
junior college program; 
‘‘(iii) information concerning, and as-
sistance in obtaining, available student fi-
nancial aid; 
‘‘(iv) counseling services; and 
‘‘(v) job placement services. 
‘‘(b) CONDUCT OF PROJECTS.—A project supported 
under this section may be conducted directly by the State 
agency, or through a contract or other arrangement with 
one or more local educational agencies, other public agen-
cies, or private organizations. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a school that receives 
funds under subsection (a) from serving neglected and de-
linquent children and youth simultaneously with students 
with similar educational needs, in the same educational set-
tings where appropriate. 
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