445 
‘‘(ii) in deference to State and local 
judgment; and 
‘‘(iii) with the goal of promoting State- 
and local-led innovation. 
‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, 
AND REVISION.— 
‘‘(A) IN GENERAL.—The Secretary shall ap-
prove a waiver request not more than 60 days 
after the date on which such request is submitted, 
unless the Secretary determines and dem-
onstrates that— 
‘‘(i) the waiver request does not meet 
the requirements of this section; 
‘‘(ii) the waiver is not permitted under 
subsection (c); 
‘‘(iii) the plan that is required under 
paragraph (1)(C), and reviewed with def-
erence to State and local judgment, provides 
no reasonable evidence to determine that a 
waiver will enhance student academic 
achievement; or 
‘‘(iv) the waiver request does not pro-
vide for adequate evaluation to ensure re-
view and continuous improvement of the 
plan. 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00445
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
446 
‘‘(B) WAIVER
DETERMINATION
AND
REVI-
SION.—If the Secretary determines and dem-
onstrates that the waiver request does not meet 
the requirements of this section, the Secretary 
shall— 
‘‘(i) immediately— 
‘‘(I) notify the State educational 
agency, local educational agency, or 
Indian tribe of such determination; 
and 
‘‘(II) at the request of the State 
educational agency, local educational 
agency, or Indian tribe, provide de-
tailed reasons for such determination 
in writing; 
‘‘(ii) offer the State educational agen-
cy, local educational agency, or Indian tribe 
an opportunity to revise and resubmit the 
waiver request not more than 60 days after 
the date of such determination; and 
‘‘(iii) if the Secretary determines that 
the resubmission does not meet the require-
ments of this section, at the request of the 
State educational agency, local educational 
agency, or Indian tribe, conduct a public 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00446
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
447 
hearing not more than 30 days after the 
date of such resubmission. 
‘‘(C) WAIVER DISAPPROVAL.—The Secretary 
may disapprove a waiver request if— 
‘‘(i) the State educational agency, local 
educational agency, or Indian tribe has 
been notified and offered an opportunity to 
revise and resubmit the waiver request, as 
described under clauses (i) and (ii) of sub-
paragraph (B); and 
‘‘(ii) the State educational agency, 
local educational agency, or Indian tribe— 
‘‘(I) does not revise and resubmit 
the waiver request; or 
‘‘(II) revises and resubmits the 
waiver request, and the Secretary de-
termines that such waiver request does 
not meet the requirements of this sec-
tion after a hearing conducted under 
subparagraph (B)(iii), if requested. 
‘‘(D) EXTERNAL
CONDITIONS.—The Sec-
retary shall not, directly or indirectly, require or 
impose new or additional requirements in ex-
change for receipt of a waiver if such require-
ments are not specified in this Act. 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00447
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
448 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory requirements 
relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, Indian tribes, or 
other recipients of funds under this Act; 
‘‘(2) comparability of services; 
‘‘(3) use of Federal funds to supplement, not sup-
plant, non-Federal funds; 
‘‘(4) equitable participation of private school stu-
dents and teachers; 
‘‘(5) parental participation and involvement; 
‘‘(6) applicable civil rights requirements; 
‘‘(7) the prohibitions— 
‘‘(A) in subpart 2 of part E; 
‘‘(B) regarding use of funds for religious 
worship or instruction in section 5505; and 
‘‘(C) regarding activities in section 5524; or 
‘‘(8) the selection of a school attendance area or 
school under subsections (a) and (b) of section 1113, 
except that the Secretary may grant a waiver to allow 
a school attendance area or school to participate in 
activities under subpart 1 of part A of title I if the 
percentage of children from low-income families in 
the school attendance area or who attend the school is 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00448
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
449 
not more than 10 percentage points below the lowest 
percentage of those children for any school attendance 
area or school of the local educational agency that 
meets the requirements of subsections (a) and (b) of 
section 1113. 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITA-
TIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a waiver approved by the Secretary under 
this section may be for a period not to exceed 3 years. 
‘‘(2) EXTENSION.—The Secretary may extend the 
period described in paragraph (1) if the State dem-
onstrates that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipient to carry out 
the activities for which the waiver was requested 
and the waiver has contributed to improved stu-
dent achievement; and 
‘‘(B) the extension is in the public interest. 
‘‘(3) SPECIFIC
LIMITATIONS.—The Secretary 
shall not require a State educational agency, local 
educational agency, or Indian tribe, as a condition of 
approval of a waiver request, to— 
‘‘(A) include in, or delete from, such request, 
specific academic standards, such as the Com-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00449
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
450 
mon Core State Standards developed under the 
Common Core State Standards Initiative or any 
other standards common to a significant number 
of States; 
‘‘(B) use specific academic assessment in-
struments 
or 
items, 
including 
assessments 
aligned to the standards described in subpara-
graph (A); or 
‘‘(C) include in, or delete from, such waiver 
request any criterion that specifies, defines, de-
scribes, or prescribes the standards or measures 
that a State or local educational agency or In-
dian tribe uses to establish, implement, or im-
prove— 
‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
‘‘(iii) State accountability systems; or 
‘‘(iv) teacher and school leader evalua-
tion systems. 
‘‘(e) REPORTS.— 
‘‘(1) WAIVER
REPORTS.—A State educational 
agency, local educational agency, or Indian tribe that 
receives a waiver under this section shall, at the end 
of the second year for which a waiver is received 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00450
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
451 
under this section and each subsequent year, submit 
a report to the Secretary that— 
‘‘(A) describes the uses of the waiver by the 
agency or by schools; 
‘‘(B) describes how schools continued to pro-
vide assistance to the same populations served by 
the programs for which waivers were granted; 
and 
‘‘(C) evaluates the progress of the agency 
and schools, or Indian tribe, in improving the 
quality of instruction or the academic achieve-
ment of students. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report— 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing the status of the waivers in 
improving academic achievement. 
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 
terminate a waiver under this section if the Secretary deter-
mines, after notice and an opportunity for a hearing, that 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00451
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
452 
the performance of the State or other recipient affected by 
the waiver has been inadequate to justify a continuation 
of the waiver and the recipient of the waiver has failed to 
make revisions needed to carry out the purpose of the waiv-
er, or if the waiver is no longer necessary to achieve its 
original purpose. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be pub-
lished in the Federal Register and the Secretary shall pro-
vide for the dissemination of the notice to State educational 
agencies, interested parties, including educators, parents, 
students, advocacy and civil rights organizations, and the 
public. 
‘‘PART E—UNIFORM PROVISIONS 
‘‘Subpart 1—Private Schools 
‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this Act, to the extent consistent with the number 
of eligible children in areas served by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or an-
other entity receiving financial assistance under a 
program specified in subsection (b), who are enrolled 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00452
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
453 
in private elementary schools and secondary schools 
in areas served by such agency, consortium, or entity, 
the agency, consortium, or entity shall, after timely 
and meaningful consultation with appropriate pri-
vate school officials or their representatives, provide to 
those children and their teachers or other educational 
personnel, on an equitable basis, special educational 
services or other benefits that address their needs 
under the program. 
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL 
SERVICES
OR
BENEFITS.—Educational services or 
other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.—Educational services and 
other benefits provided under this section for private 
school children, teachers, and other educational per-
sonnel shall be equitable in comparison to services 
and other benefits for public school children, teachers, 
and other educational personnel participating in the 
program and shall be provided in a timely manner. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children, teachers, and other serv-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00453
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
454 
ice personnel shall be equal to the expenditures 
for participating public school children, taking 
into account the number and educational needs, 
of the children to be served. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agency; 
and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to serve 
such children in the following fiscal year. 
‘‘(C) NOTICE OF ALLOCATION.—Each State 
educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00454
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
455 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—An agency, con-
sortium, or entity described in subsection (a)(1) of 
this section may provide those services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) subpart 2 of part A of title I; 
‘‘(B) subpart 4 of part A of title I; 
‘‘(C) part A of title II; 
‘‘(D) part B of title II; and 
‘‘(E) part B of title III. 
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a State educational agency, local 
educational agency, educational service agency, con-
sortium of those agencies, or entity shall consult, in 
order to reach an agreement, with appropriate pri-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00455
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
456 
vate school officials or their representatives during the 
design and development of the programs under this 
Act, on issues such as— 
‘‘(A) how the children’s needs will be identi-
fied; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be assessed and 
how the results of the 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, teachers, and other educational per-
sonnel and the amount of funds available for 
those services; 
‘‘(F) how and when the agency, consortium, 
or entity will make decisions about the delivery 
of services, including a thorough consideration 
and analysis of the views of the private school of-
ficials or their representatives on the provision of 
services through potential third-party providers 
or contractors; and 
‘‘(G) how, if the agency disagrees with the 
views of the private school officials or their rep-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00456
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
457 
resentatives on the provision of services through 
a contract, the local educational agency will pro-
vide in writing to such private school officials or 
their representatives an analysis of the reasons 
why the local educational agency has chosen not 
to use a contractor. 
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium, or entity disagrees with the views of the private 
school officials or their representatives with respect to 
an issue described in paragraph (1), the agency, con-
sortium, or entity shall provide to the private school 
officials or their representatives a written explanation 
of the reasons why the local educational agency has 
chosen not to adopt the course of action requested by 
such officials or their representatives. 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the op-
portunities of eligible private school children, teachers, 
and other educational personnel to participate in pro-
grams under this Act, and shall continue throughout 
the implementation and assessment of activities under 
this section. 
‘‘(4) DISCUSSION REQUIRED.—The consultation 
required by paragraph (1) shall include a discussion 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00457
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
458 
of service delivery mechanisms that the agency, con-
sortium, or entity could use to provide equitable serv-
ices to eligible private school children, teachers, ad-
ministrators, and other staff. 
‘‘(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 their rep-
resentatives 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 their rep-
resentatives to indicate that timely and meaningful 
consultation has not occurred or that the program de-
sign is not equitable with respect to eligible private 
school children. If such officials or their representa-
tives do not provide such affirmation within a rea-
sonable period of time, the local educational agency 
shall forward the documentation that such consulta-
tion has, or attempts at such consultation have, taken 
place to the State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—If the consultation re-
quired under this section is with a local edu-
cational agency or educational service agency, a 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00458
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
459 
private school official or representative shall 
have the right to file a complaint with the State 
educational agency that the consultation re-
quired under this section was not meaningful 
and timely, did not give due consideration to the 
views of the private school official or representa-
tive, or did not treat the private school or its stu-
dents equitably as required by this section. 
‘‘(B) PROCEDURE.—If the private school of-
ficial or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompliance 
with this section and all parties shall provide the 
appropriate documentation to the appropriate 
officials or representatives. 
‘‘(C) SERVICES.—A State educational agen-
cy shall provide services under this section di-
rectly or through contracts with public and pri-
vate 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 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00459
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
460 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the re-
quirements of this section; or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend private 
elementary schools or secondary schools 
in such agency’s school attendance 
areas, 
as 
defined 
in 
section 
1113(a)(2)(A), 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 school at-
tendance area, as defined in section 
1113(a)(2)(A), are not being served by 
the agency’s program under this sec-
tion. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used to 
provide services under this section, and title to mate-
rials, equipment, and property purchased with those 
funds, shall be in a public agency for the uses and 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00460
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
461 
purposes provided in this Act, and a public agency 
shall administer the funds and property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) IN GENERAL.—The provision of serv-
ices under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through contract by the public 
agency with an individual, association, 
agency, organization, or other entity. 
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In 
the provision of those services, the employee, per-
son, association, agency, organization, or other 
entity shall be independent of the private school 
and of any religious organization, and the em-
ployment or contract shall be under the control 
and supervision of the public agency. 
‘‘(C) COMMINGLING
OF
FUNDS
PROHIB-
ITED.—Funds used to provide services under this 
section shall not be commingled with non-Fed-
eral funds. 
‘‘SEC. 5502. STANDARDS FOR BY-PASS. 
‘‘(a) IN GENERAL.—If, by reason of any provision of 
law, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, or 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00461
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
462 
other entity is prohibited from providing for the participa-
tion in programs of children enrolled in, or teachers or other 
educational personnel from, private elementary schools and 
secondary schools, on an equitable basis, or if the Secretary 
determines that the agency, consortium, or entity has sub-
stantially failed or is unwilling to provide for that partici-
pation, as required by section 5501, the Secretary shall— 
‘‘(1) waive the requirements of that section for 
the agency, consortium, or entity; and 
‘‘(2) arrange for the provision of equitable serv-
ices to those children, teachers, or other educational 
personnel through arrangements that shall be subject 
to the requirements of this section and of sections 
5501, 5503, and 5504. 
‘‘(b) DETERMINATION.—In making the determination 
under subsection (a), the Secretary shall consider one or 
more factors, including the quality, size, scope, and location 
of the program, and the opportunity of private school chil-
dren, teachers, and other educational personnel to partici-
pate in the program. 
‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents, 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00462
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
463 
teachers, or other individuals and organizations concerning 
violations of section 5501 by a State educational agency, 
local educational agency, educational service agency, con-
sortium of those agencies, or entity. The individual or orga-
nization shall submit the complaint to the State educational 
agency for a written resolution by the State educational 
agency within 45 days. 
‘‘(b) APPEALS TO SECRETARY.—The resolution may be 
appealed by an interested party to the Secretary not later 
than 30 days after the State educational agency resolves 
the complaint or fails to resolve the complaint within the 
45-day time limit. The appeal shall be accompanied by a 
copy of the State educational agency’s resolution, and, if 
there is one, a complete statement of the reasons supporting 
the appeal. The Secretary shall investigate and resolve the 
appeal not later than 90 days after receipt of the appeal. 
‘‘Subpart 2—Prohibitions 
‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the Fed-
eral Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, mandate, 
direct, or control a State, local educational agency, or 
school’s specific instructional content, academic standards 
and assessments, curricula, or program of instruction, (in-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00463
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
464 
cluding any requirement, direction, or mandate to adopt 
the Common Core State Standards developed under the 
Common Core State Standards Initiative or any other aca-
demic standards common to a significant number of 
States), nor shall anything in this Act be construed to au-
thorize such officer or employee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee of 
the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agreements, 
make financial support available in a manner that is con-
ditioned upon a State, local educational agency, or school’s 
adoption of specific instructional content, academic stand-
ards and assessments, curriculum, or program of instruc-
tion, (including any requirement, direction, or mandate to 
adopt the Common Core State Standards developed under 
the Common Core State Standards Initiative, any other 
academic standards common to a significant number of 
States, or any assessment, instructional content, or cur-
riculum aligned to such standards), even if such require-
ments are specified in an Act other than this Act, nor shall 
anything in this Act be construed to authorize such officer 
or employee to do so. 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00464
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
465 
‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of the 
Federal Government directly or indirectly, whether through 
a grant, contract, or cooperative agreement, to mandate, di-
rect, or control a State, local educational agency, or school’s 
curriculum, program of instruction, or allocation of State 
or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for 
under this Act. 
‘‘(b) PROHIBITION
ON
ENDORSEMENT
OF
CUR-
RICULUM.—Notwithstanding any other prohibition of Fed-
eral law, no funds provided to the Department under this 
Act may be used by the Department directly or indirectly 
– whether through a grant, contract, or cooperative agree-
ment – to endorse, approve, develop, require, or sanction 
any curriculum, including any curriculum aligned to the 
Common Core State Standards developed under the Com-
mon Core State Standards Initiative or any other academic 
standards common to a significant number of States, de-
signed to be used in an elementary school or secondary 
school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00465
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
466 
‘‘(1) authorize an officer or employee of the Fed-
eral Government directly or indirectly – whether 
through a grant, contract, or cooperative agreement – 
to mandate, direct, review, or control a State, local 
educational agency, or school’s instructional content, 
curriculum, and related activities; 
‘‘(2) limit the application of the General Edu-
cation Provisions Act; 
‘‘(3) require the distribution of scientifically or 
medically false or inaccurate materials or to prohibit 
the distribution of scientifically or medically true or 
accurate materials; or 
‘‘(4) create any legally enforceable right. 
‘‘(d) PROHIBITION
ON
REQUIRING
FEDERAL
AP-
PROVAL
OR CERTIFICATION
OF STANDARDS.—Notwith-
standing any other provision of Federal law, no State shall 
be required to have academic standards approved or cer-
tified by the Federal Government, in order to receive assist-
ance under this Act. 
‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND-
ARDS.—Nothing in this Act shall be construed to mandate 
national school building standards for a State, local edu-
cational agency, or school. 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00466
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
467 
‘‘SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED 
TESTING. 
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 
other provision of Federal law and except as provided in 
subsection (b), no funds provided under this Act to the Sec-
retary or to the recipient of any award may be used to 
develop, pilot test, field test, implement, administer, or dis-
tribute any federally sponsored national test or testing ma-
terials in reading, mathematics, or any other subject, unless 
specifically and explicitly authorized by law. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 
international comparative assessments developed under the 
authority of section 153(a)(5) of the Education Sciences Re-
form Act of 2002 and administered to only a representative 
sample of pupils in the United States and in foreign na-
tions. 
‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other provi-
sion of this Act or any other provision of law, no funds 
available to the Department or otherwise available under 
this Act may be used for any purpose relating to a manda-
tory nationwide test or certification of teachers or education 
paraprofessionals, including any planning, development, 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00467
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
468 
implementation, or administration of such test or certifi-
cation. 
‘‘(b) PROHIBITION
ON WITHHOLDING FUNDS.—The 
Secretary is prohibited from withholding funds from any 
State educational agency or local educational agency if the 
State educational agency or local educational agency fails 
to adopt a specific method of teacher or paraprofessional 
certification. 
‘‘SEC. 5525. PROHIBITED USES OF FUNDS. 
‘‘No funds under this Act may be used— 
‘‘(1) for construction, renovation, or repair of 
any school facility, except as authorized under title IV 
or otherwise authorized under this Act; 
‘‘(2) for medical services, drug treatment or re-
habilitation, except for specialized instructional sup-
port services or referral to treatment for students who 
are victims of, or witnesses to, crime or who illegally 
use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act; 
‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage sex-
ual activity, whether homosexual or heterosexual; 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00468
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
469 
‘‘(5) to distribute or to aid in the distribution by 
any organization of legally obscene materials to mi-
nors on school grounds; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age ap-
propriate and includes the health benefits of absti-
nence; or 
‘‘(7) to operate a program of contraceptive dis-
tribution in schools. 
‘‘SEC. 5529. PROHIBITION REGARDING STATE AID. 
‘‘A State shall not take into consideration payments 
under this Act (other than under title IV) in determining 
the eligibility of any local educational agency in that State 
for State aid, or the amount of State aid, with respect to 
free public education of children. 
‘‘Subpart 3—Other Provisions 
‘‘SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STU-
DENTS AND STUDENT RECRUITING INFORMA-
TION. 
‘‘(a) POLICY.— 
‘‘(1) ACCESS TO STUDENT RECRUITING INFORMA-
TION.—Notwithstanding section 444(a)(5)(B) of the 
General Education Provisions Act, each local edu-
cational agency receiving assistance under this Act 
shall provide, upon a request made by a military re-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00469
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
470 
cruiter or an institution of higher education, access to 
the name, address, and telephone listing of each sec-
ondary school student served by the local educational 
agency, unless the parent of such student has sub-
mitted the prior consent request under paragraph (2). 
‘‘(2) CONSENT.— 
‘‘(A) OPT-OUT
PROCESS.—A parent of a 
secondary school student may submit a written 
request, to the local educational agency, that the 
student’s name, address, and telephone listing 
not be released for purposes of paragraph (1) 
without prior written consent of the parent. 
Upon receiving such request, the local edu-
cational agency may not release the student’s 
name, address, and telephone listing for such 
purposes without the prior written consent of the 
parent. 
‘‘(B) NOTIFICATION
OF
OPT-OUT
PROC-
ESS.—Each local educational agency shall notify 
the parents of the students served by the agency 
of the option to make a request described in sub-
paragraph (A). 
‘‘(3) SAME ACCESS TO STUDENTS.—Each local 
educational agency receiving assistance under this 
Act shall provide military recruiters the same access 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00470
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
471 
to secondary school students as is provided generally 
to institutions of higher education or to prospective 
employers of those students. 
‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT- 
IN PROCESSES.—Nothing in this subsection shall be 
construed to allow a local educational agency to with-
hold access to a student’s name, address, and tele-
phone listing from a military recruiter or institution 
of higher education by implementing an opt-in proc-
ess or any other process other than the written con-
sent request process under paragraph (2)(A). 
‘‘(5) PARENTAL CONSENT.—For purposes of this 
subsection, whenever a student has attained 18 years 
of age, the permission or consent required of and the 
rights accorded to the parents of the student shall only 
be required of and accorded to the student. 
‘‘(b) NOTIFICATION.—The Secretary, in consultation 
with the Secretary of Defense, shall, not later than 120 days 
after the date of enactment of the Student Success Act, no-
tify school leaders, school administrators, and other edu-
cators about the requirements of this section. 
‘‘(c) EXCEPTION.—The requirements of this section do 
not apply to a private secondary school that maintains a 
religious objection to service in the Armed Forces if the ob-
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00471
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
472 
jection is verifiable through the corporate or other organiza-
tional documents or materials of that school. 
‘‘SEC. 5542. RULEMAKING. 
‘‘The Secretary shall issue regulations under this Act 
as prescribed under section 1401 only to the extent that such 
regulations are necessary to ensure that there is compliance 
with the specific requirements and assurances required by 
this Act. 
‘‘SEC. 5543. PEER REVIEW. 
‘‘(a) IN GENERAL.—If the Secretary uses a peer review 
panel to evaluate an application for any program required 
under this Act, the Secretary shall conduct the panel in ac-
cordance with this section. 
‘‘(b) MAKEUP.—The Secretary shall— 
‘‘(1) solicit nominations for peers to serve on the 
panel from States that are— 
‘‘(A) practitioners in the subject matter; or 
‘‘(B) experts in the subject matter; and 
‘‘(2) select the peers from such nominees, except 
that there shall be at least 75 percent practitioners on 
each panel and in each group formed from the panel. 
‘‘(c) GUIDANCE.—The Secretary shall issue the peer re-
view guidance concurrently with the notice of the grant. 
‘‘(d) REPORTING.—The Secretary shall— 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00472
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
473 
‘‘(1) make the names of the peer reviewers avail-
able to the public before the final deadline for the ap-
plication of the grant; 
‘‘(2) make the peer review notes publically avail-
able once the review has concluded; and 
‘‘(3) make any deviations from the peer review-
ers’ recommendations available to the public with an 
explanation of the deviation. 
‘‘(e) APPLICANT REVIEWS.—An applicant shall have 
an opportunity within 30 days to review the peer review 
notes and appeal the score to the Secretary prior to the Sec-
retary making any final determination. 
‘‘(f) PROHIBITION.—The Secretary, and the Sec-
retary’s staff, may not attempt to participate in, or influ-
ence, the peer review process. No Federal employee may par-
ticipate in, or attempt to influence the peer review process, 
except to respond to questions of a technical nature, which 
shall be publicly reported. 
‘‘SEC. 5544. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the parents 
or legal guardians of a student, the local educational agency 
shall withdraw such student from any program funded 
under part B of title III. The local educational agency shall 
make reasonable efforts to inform parents or legal guardians 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00473
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
474 
of the content of such programs or activities funded under 
this Act, other than classroom instruction. 
‘‘SEC. 5548. SEVERABILITY. 
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby. 
‘‘SEC. 5551. DEPARTMENT STAFF. 
‘‘The Secretary shall— 
‘‘(1) not later than 60 days after the date of the 
enactment of the Student Success Act, identify the 
number of Department employees who worked on or 
administered each education program and project au-
thorized under this Act, as such program or project 
was in effect on the day before such enactment date, 
and publish such information on the Department’s 
website; 
‘‘(2) not later than 60 days after such enactment 
date, identify the number of full-time equivalent em-
ployees who work on or administer programs or 
projects authorized under this Act, as in effect on the 
day before such enactment date, that have been elimi-
nated or consolidated since such date; 
‘‘(3) not later than 1 year after such enactment 
date, reduce the workforce of the Department by the 
number of full-time equivalent employees the Depart-
ment calculated under paragraph (2); and 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00474
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
475 
‘‘(4) not later than 1 year after such enactment 
date, report to the Congress on— 
‘‘(A) the number of employees associated 
with each program or project authorized under 
this Act administered by the Department; 
‘‘(B) the number of full-time equivalent em-
ployees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); and 
‘‘(C) how the Secretary reduced the number 
of employees at the Department under paragraph 
(3). 
‘‘PART F—EVALUATIONS 
‘‘SEC. 5601. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided in 
subsections (c) and (d), the Secretary may reserve not more 
than 0.5 percent of the amount appropriated to carry out 
each categorical program authorized under this Act. The re-
served amounts shall be used by the Secretary, acting 
through the Director of the Institute of Education 
Sciences— 
‘‘(1) to conduct— 
‘‘(A) comprehensive evaluations of the pro-
gram or project; and 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00475
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
476 
‘‘(B) studies of the effectiveness of the pro-
gram or project and its administrative impact 
on schools and local educational agencies; 
‘‘(2) to evaluate the aggregate short- and long- 
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary, and secondary 
programs under any other Federal law; and 
‘‘(3) to increase the usefulness of evaluations of 
grant recipients in order to ensure the continuous 
progress of the program or project by improving the 
quality, timeliness, efficiency, and use of information 
relating to performance under the program or project. 
‘‘(b) REQUIRED PLAN.—The Secretary, acting through 
the Director of the Institute of Education Sciences, may use 
the reserved amount under subsection (a) only after comple-
tion of a comprehensive, multi-year plan— 
‘‘(1) for the periodic evaluation of each of the 
major categorical programs authorized under this Act, 
and as resources permit, the smaller categorical pro-
grams authorized under this Act; 
‘‘(2) that shall be developed and implemented 
with the involvement of other officials at the Depart-
ment, as appropriate; and 
‘‘(3) that shall not be finalized until— 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00476
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
477 
‘‘(A) the publication of a notice in the Fed-
eral Register seeking public comment on such 
plan and after review by the Secretary of such 
comments; and 
‘‘(B) the plan is submitted for comment to 
the Committee on Education and the Workforce 
of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and after review by the Sec-
retary of such comments. 
‘‘(c) TITLE I EXCLUDED.—The Secretary may not re-
serve under subsection (a) funds appropriated to carry out 
any program authorized under title I. 
‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other 
than title I), funds are authorized to be reserved or used 
for evaluation activities with respect to a program or 
project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or 
project.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) TITLE IX.— 
(A) SUBPART 1 OF PART E OF TITLE V.— 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00477
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
478 
(i) TRANSFER AND REDESIGNATION.— 
Sections 9504 through 9506 (20 U.S.C. 
7884; 7885; 7886) are— 
(I) transferred to title V, as 
amended by subsection (a) of this sec-
tion; 
(II) inserted after section 5503 of 
such title; and 
(III) redesignated as sections 5504 
through 5506, respectively. 
(ii) AMENDMENTS.—Section 5504 (as 
so redesignated) is amended— 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 5502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
5501’’; and 
(III) in subsection (d), by striking 
‘‘No Child Left Behind Act of 2001’’ 
and inserting ‘‘Student Success Act’’. 
(B) SUBPART 2 OF PART E OF TITLE V.— 
(i) TRANSFER AND REDESIGNATION.— 
Sections 9531, 9533, and 9534 (20 U.S.C. 
7911; 7913; 7914) are— 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00478
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
479 
(I) transferred to title V, as 
amended by subparagraph (A) of this 
paragraph; 
(II) inserted after section 5525 of 
such title; and 
(III) redesignated as sections 5526 
through 5528, respectively. 
(ii) AMENDMENTS.—Section 5528 (as 
so redesignated) is amended— 
(I) by striking ‘‘(a) IN
GEN-
ERAL.—Nothing’’ and inserting ‘‘Noth-
ing’’; and 
(II) by striking subsection (b). 
(C) SUBPART 3 OF PART E OF TITLE V.— 
Sections 9523, 9524, and 9525 (20 U.S.C. 7903; 
7904; 7905) are— 
(i) transferred to title V, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 5544 of such 
title; and 
(iii) redesignated as sections 5545 
through 5547, respectively. 
(2) TITLE
IV.—Sections 4141 and 4155 (20 
U.S.C. 7151; 7161) are— 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00479
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
480 
(A) transferred to title V, as amended by 
paragraph (1) of this subsection; 
(B) inserted after section 5548 (as so redes-
ignated by paragraph (1)(C)(iii) of this sub-
section); and 
(C) redesignated as sections 5549 and 5550, 
respectively. 
SEC. 502. REPEAL. 
Title IX (20 U.S.C. 7801 et seq.), as amended by sec-
tion 501(b)(1) of this title, is repealed. 
SEC. 503. OTHER LAWS. 
Beginning on the date of the enactment of this Act, 
any reference in law to the term ‘‘highly qualified’’ as de-
fined in section 9101 of the Elementary and Secondary 
Education Act of 1965 shall be treated as a reference to 
such term under section 9101 of the Elementary and Sec-
ondary Education Act of 1965 as in effect on the day before 
the date of the enactment of this Act. 
SEC. 504. AMENDMENT TO IDEA. 
Section 602 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401) is amended by striking para-
graph (10). 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00480
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
481 
TITLE VI—REPEAL 
SEC. 601. REPEAL OF TITLE VI. 
The Act is amended by striking title VI (20 U.S.C. 
7301 et seq.) 
TITLE VII—HOMELESS 
EDUCATION 
SEC. 701. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regulations, 
practices, or policies may act as a barrier to the iden-
tification, enrollment, attendance, or success in school 
of homeless children and youths, the State and local 
educational agencies will review and undertake steps 
to revise such laws, regulations, practices, or policies 
to ensure that homeless children and youths are af-
forded the same free, appropriate public education as 
is provided to other children and youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00481
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
482 
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant funds 
from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) that 
enable such children and youths to enroll in, attend, 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00482
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
483 
and succeed in school, or, if appropriate, in preschool 
programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in this 
subtitle’’; 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and ca-
pacity to respond to, specific needs in the edu-
cation of homeless children and youths.’’. 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sums’’ and inserting 
‘‘grant funds’’; and 
(ii) by inserting ‘‘a State under sub-
section (a) to’’ after ‘‘each year to’’; 
(B) in paragraph (2), by striking ‘‘funds 
made available for State use under this subtitle’’ 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00483
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
484 
and inserting ‘‘the grant funds remaining after 
the State educational agency distributes sub-
grants under paragraph (1)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’; 
(bb) by striking ‘‘and’’ at the 
end of subclause (II); 
(cc) by striking the period at 
the end of subclause (III) and in-
serting ‘‘; and’’; and 
(dd) by adding at the end the 
following: 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00484
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
485 
(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as follows: 
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 
The Coordinator for Education of Homeless Children and 
Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on— 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining ac-
cess to public preschool programs and to public 
elementary schools and secondary schools; 
‘‘(C) the difficulties in identifying the spe-
cial needs and barriers to the participation and 
achievement of such children and youths; 
‘‘(D) any progress made by the State edu-
cational agency and local educational agencies 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00485
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
486 
in the State in addressing such problems and 
difficulties; and 
‘‘(E) the success of the programs under this 
subtitle in identifying homeless children and 
youths and allowing such children and youths to 
enroll in, attend, and succeed in, school; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, a report containing information 
necessary to assess the educational needs of homeless 
children and youths within the State, including data 
necessary for the Secretary to fulfill the responsibil-
ities under section 724(h); 
‘‘(4) in order to improve the provision of com-
prehensive education and related support services to 
homeless children and youths and their families, co-
ordinate and collaborate with— 
‘‘(A) educators, including teachers, special 
education personnel, administrators, and child 
development and preschool program personnel; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
services of public and private child welfare and 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00486
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
487 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of services 
and programs funded under the Runaway and 
Homeless Youth Act (42 U.S.C. 5701 et seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children and 
youths, and their families, including public 
housing agencies, shelter operators, operators of 
transitional housing facilities, and providers of 
transitional living programs for homeless youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; and 
‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(5) provide technical assistance to local edu-
cational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
(g)(1)(J)(ii), to ensure that local educational agencies 
comply with the requirements of subsection (e)(3), 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00487
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS
513 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
the next school year that begins after the date of the 
enactment of the Student Success Act, update and dis-
seminate nationwide the public notice described in 
this subsection (as in effect prior to such date) of the 
educational rights of homeless children and youths. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate the notice nationally to all Federal agencies, 
program grantees, and grant recipients serving home-
less families, children, and youths.’’; 
(2) in subsection (d), by striking ‘‘and dissemi-
nation’’ and inserting ‘‘, dissemination, and technical 
assistance’’; 
(3) in subsection (e)— 
(A) by striking ‘‘applications for grants 
under this subtitle’’ and inserting ‘‘plans for the 
use of grant funds under section 722’’; 
(B) by striking ‘‘60-day’’ and inserting 
‘‘120-day’’; and 
(C) by striking ‘‘120-day’’ and inserting 
‘‘180-day’’; 
VerDate Mar 15 2010 
20:33 Jul 11, 2013
Jkt 029200
PO 00000
Frm 00513
Fmt 6652
Sfmt 6203
E:\BILLS\H5.RH
H5
tkelley on DSK3SPTVN1PROD with BILLS