243 
that provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States, in such numbers as 
will provide an equitable balance between rep-
resentatives of parents and students and rep-
resentatives of educators and education officials; 
and 
‘‘(C) prepare a draft of proposed policy op-
tions that shall be provided to the individuals se-
lected by the Secretary under subparagraph (B) 
not less than 15 days before the first meeting 
under such process. 
‘‘(c) PROPOSED RULEMAKING.—If the Secretary deter-
mines that a negotiated rulemaking process is unnecessary 
or the individuals selected to participate in the process 
under paragraph (3)(B) fail to reach unanimous agree-
ment, the Secretary may propose regulations under the fol-
lowing procedure: 
‘‘(1) Not less than 30 days prior to beginning a 
rulemaking process, the Secretary shall provide to 
Congress, including the Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate, notice that shall include— 
‘‘(A) a copy of the proposed regulations; 
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‘‘(B) the need to issue regulations; 
‘‘(C) the anticipated burden, including the 
time, cost, and paperwork burden, the regula-
tions will have on State educational agencies, 
local educational agencies, schools, and other en-
tities that may be impacted by the regulations; 
and 
‘‘(D) any regulations that will be repealed 
when the new regulations are issued. 
‘‘(2) 30 days after giving notice of the proposed 
rule to Congress, the Secretary may proceed with the 
rulemaking process after all comments received from 
the Congress have been addressed and publishing how 
such comments are addressed with the proposed rule. 
‘‘(3) The comment and review period for any 
proposed regulation shall be 90 days unless an emer-
gency requires a shorter period, in which case such 
period shall be not less than 45 days and the Sec-
retary shall— 
‘‘(A) designate the proposed regulation as 
an emergency with an explanation of the emer-
gency in the notice and report to Congress under 
paragraph (1); and 
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‘‘(B) publish the length of the comment and 
review period in such notice and in the Federal 
Register. 
‘‘(4) No regulation shall be made final after the 
comment and review period until the Secretary has 
published in the Federal Register an independent as-
sessment of— 
‘‘(A) the burden, including the time, cost, 
and paperwork burden, the regulation will im-
pose on State educational agencies, local edu-
cational agencies, schools and other entities that 
may be impacted by the regulation; and 
‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may cover the cost 
of the burden assessed under subparagraph (A). 
‘‘(d) LIMITATION.—Regulations to carry out this title 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a negotiated 
rule making process is established under subsection (b) of 
section 1401, all published proposed regulations shall con-
form to agreements that result from the rulemaking de-
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scribed in section 1401 unless the Secretary reopens the ne-
gotiated rulemaking process. 
‘‘(b) RECORDS.—The Secretary shall ensure that an 
accurate and reliable record of agreements reached during 
the negotiations process is maintained. 
‘‘SEC. 1403. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.— 
‘‘(1) IN
GENERAL.—Each State that receives 
funds under this title shall— 
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform 
to the purposes of this title and provide any such 
proposed rules, regulations, and policies to the 
committee of practitioners created under sub-
section (b) for review and comment; 
‘‘(B) minimize such rules, regulations, and 
policies to which the State’s local educational 
agencies and schools are subject; 
‘‘(C) eliminate or modify State and local 
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds 
under schoolwide programs; 
‘‘(D) identify any such rule, regulation, or 
policy as a State-imposed requirement; and 
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‘‘(E)(i) identify any duplicative or con-
trasting requirements between the State and Fed-
eral rules or regulations; 
‘‘(ii) eliminate the rules and regulations 
that are duplicative of Federal requirements; and 
‘‘(iii) report any conflicting requirements to 
the Secretary and determine which Federal or 
State rule or regulation shall be followed. 
‘‘(2) SUPPORT AND FACILITATION.—State rules, 
regulations, and policies under this title shall support 
and facilitate local educational agency and school- 
level systemic reform designed to enable all children 
to meet the State academic standards. 
‘‘(b) COMMITTEE OF PRACTITIONERS.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that receives funds under this title shall create 
a State committee of practitioners to advise the State 
in carrying out its responsibilities under this title. 
‘‘(2) MEMBERSHIP.—Each such committee shall 
include— 
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies; 
‘‘(B) administrators, including the admin-
istrators of programs described in other parts of 
this title; 
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‘‘(C) teachers from public charter schools, 
traditional public schools, and career and tech-
nical educators; 
‘‘(D) parents; 
‘‘(E) members of local school boards; 
‘‘(F) representatives of private school chil-
dren; and 
‘‘(G) specialized instructional support per-
sonnel. 
‘‘(3) DUTIES.—The duties of such committee 
shall include a review, before publication, of any pro-
posed or final State rule or regulation pursuant to 
this title. In an emergency situation where such rule 
or regulation must be issued within a very limited 
time to assist local educational agencies with the op-
eration of the program under this title, the State edu-
cational agency may issue a regulation without prior 
consultation, but shall immediately thereafter convene 
the State committee of practitioners to review the 
emergency regulation before issuance in final form. 
‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 
SPENDING. 
‘‘Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.’’. 
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TITLE 
II—TEACHER 
PREPARA-
TION AND EFFECTIVENESS 
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 
(a) HEADING.—The title heading for title II (20 
U.S.C. 6601 et seq.) is amended to read as follows: 
‘‘TITLE II—TEACHER PREPARA-
TION AND EFFECTIVENESS’’. 
(b) PART A.—Part A of title II (20 U.S.C. 6601 et 
seq.) is amended to read as follows: 
‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 
‘‘SEC. 2101. PURPOSE. 
‘‘The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational 
agencies to— 
‘‘(1) increase student achievement consistent with 
State academic standards under section 1111(b)(1); 
‘‘(2) improve teacher and school leader effective-
ness in classrooms and schools, respectively; 
‘‘(3) provide evidence-based, job-embedded, con-
tinuous professional development; and 
‘‘(4) develop and implement teacher evaluation 
systems that use, in part, student achievement data to 
determine teacher effectiveness. 
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‘‘Subpart 1—Grants to States 
‘‘SEC. 2111. ALLOTMENTS TO STATES. 
‘‘(a) IN GENERAL.—Of the amounts appropriated 
under section 3(b), the Secretary shall reserve 75 percent 
to make grants to States with applications approved under 
section 2112 to pay for the Federal share of the cost of car-
rying out the activities specified in section 2113. Each 
grant shall consist of the allotment determined for a State 
under subsection (b). 
‘‘(b) DETERMINATION OF ALLOTMENTS.— 
‘‘(1) RESERVATION OF FUNDS.—Of the amount 
reserved under subsection (a) for a fiscal year, the 
Secretary shall reserve— 
‘‘(A) not more than 1 percent to carry out 
national activities under section 2132; 
‘‘(B) one-half of 1 percent for allotments to 
outlying areas on the basis of their relative need, 
as determined by the Secretary, in accordance 
with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Secretary 
of the Interior for programs under this part in 
schools operated or funded by the Bureau of In-
dian Education. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds reserved under sub-
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section (a) for any fiscal year and not reserved 
under paragraph (1), the Secretary shall allot to 
each State the sum of— 
‘‘(i) an amount that bears the same re-
lationship to 50 percent of the funds as the 
number of individuals age 5 through 17 in 
the State, as determined by the Secretary on 
the basis of the most recent satisfactory 
data, bears to the number of those individ-
uals in all such States, as so determined; 
and 
‘‘(ii) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 17 
from families with incomes below the pov-
erty line in the State, as determined by the 
Secretary on the basis of the most recent 
satisfactory data, bears to the number of 
those individuals in all such States, as so 
determined. 
‘‘(B) SMALL STATE MINIMUM.—No State re-
ceiving an allotment under subparagraph (A) 
may receive less than one-half of 1 percent of the 
total amount of funds allotted under such sub-
paragraph for a fiscal year. 
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‘‘(c) ALTERNATE DISTRIBUTION OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
through (5), if a State does not apply to the Secretary 
for an allotment under this section, a local edu-
cational agency located in such State may apply to 
the Secretary for a portion of the funds that would 
have been allotted to the State had such State applied 
for an allotment under this section to carry out the 
activities under this part. 
‘‘(2) APPLICATION.—In order to receive an allot-
ment under paragraph (1), a local educational agency 
shall submit to the Secretary an application at such 
time, in such manner, and containing the informa-
tion described in section 2122. 
‘‘(3) USE OF FUNDS.—A local educational agen-
cy receiving an allotment under paragraph (1)— 
‘‘(A) shall use such funds to carry out the 
activities described in section 2123(1); and 
‘‘(B) may use such funds to carry out the 
activities described in section 2123(2). 
‘‘(4) REPORTING REQUIREMENTS.—A local edu-
cational agency receiving an allotment under para-
graph (1) shall carry out the reporting requirements 
described in section 2131(a), except that annual re-
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ports shall be submitted to the Secretary and not a 
State educational agency. 
‘‘(5) AMOUNT
OF
ALLOTMENT.—An allotment 
made to a local educational agency under paragraph 
(1) for a fiscal year shall be equal to the amount of 
subgrant funds that the local educational agency 
would have received under subpart 2 had such agency 
applied for a subgrant under such subpart for such 
fiscal year. 
‘‘(d) REALLOTMENT.—If a State does not apply for an 
allotment under this section for any fiscal year or only a 
portion of the State’s allotment is allotted under subsection 
(c), the Secretary shall reallot the State’s entire allotment 
or the remaining portion of its allotment, as the case may 
be, to the remaining States in accordance with subsection 
(b). 
‘‘SEC. 2112. STATE APPLICATION. 
‘‘(a) IN GENERAL.—For a State to be eligible to receive 
a grant under this subpart, the State educational agency 
shall submit an application to the Secretary at such time 
and in such a manner as the Secretary may reasonably 
require, which shall include the following: 
‘‘(1) A description of how the State educational 
agency will meet the requirements of this subpart. 
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‘‘(2) A description of how the State educational 
agency will use a grant received under section 2111, 
including the grant funds the State will reserve for 
State-level activities under section 2113(a)(2). 
‘‘(3) A description of how the State educational 
agency will facilitate the sharing of evidence-based 
and other effective strategies among local educational 
agencies. 
‘‘(4) A description of how, and under what 
timeline, the State educational agency will allocate 
subgrants under subpart 2 to local educational agen-
cies. 
‘‘(5) In the case of a State educational agency 
that is not developing or implementing a statewide 
teacher evaluation system, a description of how the 
State educational agency will ensure that each local 
educational agency in the State receiving a subgrant 
under subpart 2 will implement a teacher evaluation 
system that meets the requirements of clauses (i) 
through (v) of section 2123(1)(A). 
‘‘(6) In the case of a State educational agency 
that is developing or implementing a statewide teach-
er evaluation system— 
‘‘(A) a description of how the State edu-
cational agency will work with local educational 
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agencies in the State to implement the statewide 
teacher evaluation system within 3 years of the 
date of enactment of the Student Success Act; 
and 
‘‘(B) an assurance that the statewide teach-
er evaluation system complies with clauses (i) 
through (v) of section 2123(1)(A). 
‘‘(7) An assurance that the State educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency under subsection (a) shall 
be deemed to be approved by the Secretary unless the Sec-
retary makes a written determination, prior to the expira-
tion of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this subpart. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove an application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that an 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall— 
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on the date on which the agency received the notification, 
such application shall be deemed to be disapproved. 
‘‘SEC. 2113. STATE USE OF FUNDS. 
‘‘(a) IN GENERAL.—A State educational agency that 
receives a grant under section 2111 shall— 
‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
‘‘(2) use the remainder of the funds, after reserv-
ing funds under paragraph (1), for the State activi-
ties described in subsection (b), except that the State 
may reserve not more than 1 percent of the grant 
funds for planning and administration related to car-
rying out activities described in subsection (b). 
‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 
agency that receives a grant under section 2111— 
‘‘(1) shall use the amount described in subsection 
(a)(2) to— 
‘‘(A) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide teach-
er evaluation system— 
‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
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tem that meets the requirements of 
clauses (i) through (v) of section 
2123(1)(A); and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
evaluation system, implementing such eval-
uation system; and 
‘‘(B) fulfill the State educational agency’s 
responsibilities with respect to the proper and ef-
ficient administration of the subgrant program 
carried out under this part; and 
‘‘(2) may use the amount described in subsection 
(a)(2) to— 
‘‘(A) disseminate and share evidence-based 
and other effective practices, including practices 
consistent with the principles of effectiveness de-
scribed in section 2222(b), related to teacher and 
school leader effectiveness and professional devel-
opment; 
‘‘(B) provide professional development for 
teachers and school leaders in the State con-
sistent with section 2123(2)(D); and 
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‘‘(C) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide school 
leader evaluation system, the development 
and implementation of a school leader eval-
uation system; and 
‘‘(ii) in the case of a State educational 
agency implementing a statewide school 
leader evaluation system, implementing 
such evaluation system. 
‘‘Subpart 2—Subgrants to Local Educational 
Agencies 
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Each State receiving a grant 
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(1) to award subgrants to local educational 
agencies under this section. 
‘‘(b) ALLOCATION OF FUNDS.—From the funds re-
served by a State under section 2113(a)(1), the State edu-
cational agency shall allocate to each local educational 
agency in the State the sum of— 
‘‘(1) an amount that bears the same relationship 
to 50 percent of the funds as the number of individ-
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uals age 5 through 17 in the geographic area served 
by the local educational agency, as determined by the 
State on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geo-
graphic areas served by all the local educational agen-
cies in the State, as so determined; and 
‘‘(2) an amount that bears the same relationship 
to 50 percent of the funds as the number of individ-
uals age 5 through 17 from families with incomes 
below the poverty line in the geographic area served 
by the local educational agency, as determined by the 
State on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geo-
graphic areas served by all the local educational agen-
cies in the State, as so determined. 
‘‘SEC. 2122. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this sub-
part, a local educational agency shall submit an applica-
tion to the State educational agency involved at such time, 
in such a manner, and containing such information as the 
State educational agency may reasonably require that, at 
a minimum, shall include the following: 
‘‘(1) A description of— 
‘‘(A) how the local educational agency will 
meet the requirements of this subpart; 
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‘‘(B) how the activities to be carried out by 
the local educational agency under this subpart 
will be evidence-based, improve student academic 
achievement, and improve teacher and school 
leader effectiveness; 
‘‘(C) in the case of a local educational agen-
cy not in a State with a statewide teacher eval-
uation system, the teacher evaluation system that 
will be developed and implemented under section 
2123(1) and how such system will meet the re-
quirements described in clauses (i) through (v) of 
section 2123(1)(A); 
‘‘(D) how, in developing and implementing 
such a teacher evaluation system, the local edu-
cational agency will work with parents, teachers, 
school leaders, and other staff of the schools 
served by the local educational agency; and 
‘‘(E) how the local educational agency will 
develop and implement such a teacher evaluation 
system within 3 years of the date of enactment 
of the Student Success Act. 
‘‘(2) In the case of a local educational agency in 
a State with a statewide teacher evaluation system, a 
description of how the local educational agency will 
work with the State educational agency to implement 
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262 
the statewide teacher evaluation system within 3 
years of the date of enactment of the Student Success 
Act. 
‘‘(3) An assurance that the local educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘SEC. 2123. LOCAL USE OF FUNDS. 
‘‘A local educational agency receiving a subgrant 
under this subpart— 
‘‘(1) shall use such funds— 
‘‘(A) to develop and implement a teacher 
evaluation system that— 
‘‘(i) uses student achievement data de-
rived from a variety of sources as a signifi-
cant factor in determining a teacher’s eval-
uation, with the weight given to such data 
defined by the local educational agency; 
‘‘(ii) uses multiple measures of evalua-
tion for evaluating teachers; 
‘‘(iii) has more than 2 categories for 
rating the performance of teachers; 
‘‘(iv) shall be used to make personnel 
decisions, as determined by the local edu-
cational agency; and 
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263 
‘‘(v) is based on input from parents, 
school leaders, teachers, and other staff of 
schools served by the local educational agen-
cy; or 
‘‘(B) in the case of a local educational agen-
cy located in a State implementing a statewide 
teacher evaluation system, to implement such 
evaluation system; and 
‘‘(2) may use such funds for— 
‘‘(A) the training of school leaders or other 
individuals for the purpose of evaluating teach-
ers under a teacher evaluation system described 
in subparagraph (A) or (B) of paragraph (1), as 
appropriate; 
‘‘(B) in the case of a local educational agen-
cy located in a State implementing a statewide 
school leader evaluation system, to implement 
such evaluation system; 
‘‘(C) in the case of a local educational agen-
cy located in a State not implementing a state-
wide school leader evaluation system, the devel-
opment and implementation of a school leader 
evaluation system; 
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‘‘(D) professional development for teachers 
and school leaders that is evidence-based, job-em-
bedded, and continuous, such as— 
‘‘(i) subject-based professional develop-
ment for teachers; 
‘‘(ii) professional development aligned 
with the State’s academic standards; 
‘‘(iii) professional development to as-
sist teachers in meeting the needs of stu-
dents with different learning styles, particu-
larly students with disabilities, English 
learners, and gifted and talented students; 
‘‘(iv) 
professional 
development 
for 
teachers identified as in need of additional 
support through data provided by a teacher 
evaluation system described in subpara-
graph (A) or (B) of paragraph (1), as ap-
propriate; 
‘‘(v) professional development based on 
the current science of learning, which in-
cludes research on positive brain change 
and cognitive skill development; 
‘‘(vi) 
professional 
development 
for 
school leaders, including evidence-based 
mentorship programs for such leaders; 
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‘‘(vii) professional development on in-
tegrated, interdisciplinary, and project- 
based teaching strategies, including for ca-
reer and technical education teachers; or 
‘‘(viii) professional development on 
teaching dual credit and dual enrollment 
postsecondary-level courses to secondary 
school students; 
‘‘(E) partnering with a public or private 
organization or a consortium of such organiza-
tions to develop and implement a teacher evalua-
tion system described in subparagraph (A) or 
(B) of paragraph (1), or to administer profes-
sional development, as appropriate; 
‘‘(F) any activities authorized under section 
2222(a); or 
‘‘(G) class size reduction, except that the 
local educational agency may use not more than 
10 percent of such funds for this purpose. 
‘‘Subpart 3—General Provisions 
‘‘SEC. 2131. REPORTING REQUIREMENTS. 
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 
educational agency receiving a subgrant under subpart 2 
shall submit to the State educational agency involved, on 
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an annual basis until the last year in which the local edu-
cational agency receives such subgrant funds, a report on— 
‘‘(1) how the local educational agency is meeting 
the purposes of this part described in section 2101; 
‘‘(2) how the local educational agency is using 
such subgrant funds; 
‘‘(3) the number and percentage of teachers in 
each category established under clause (iii) of section 
2123(1)(A), except that such report shall not reveal 
personally identifiable information about an indi-
vidual teacher; and 
‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency receiving a grant under subpart 1 shall 
submit to the Secretary a report, on an annual basis until 
the last year in which the State educational agency receives 
such grant funds, on— 
‘‘(1) how the State educational agency is meeting 
the purposes of this part described in section 2101; 
and 
‘‘(2) how the State educational agency is using 
such grant funds. 
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‘‘SEC. 2132. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2111(b)(1)(A), the Secretary shall, directly or through 
grants and contracts— 
‘‘(1) provide technical assistance to States and 
local educational agencies in carrying out activities 
under this part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by State educational agencies and local 
educational agencies under this part. 
‘‘SEC. 2133. STATE DEFINED. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
(c) PART B.—Part B of title II (20 U.S.C. 6661 et 
seq.) is amended to read as follows: 
‘‘PART B—TEACHER AND SCHOOL LEADER 
FLEXIBLE GRANT 
‘‘SEC. 2201. PURPOSE. 
‘‘The purpose of this part is to improve student aca-
demic achievement by— 
‘‘(1) supporting all State educational agencies, 
local educational agencies, schools, teachers, and 
school leaders to pursue innovative and evidence-based 
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practices to help all students meet the State’s aca-
demic standards; and 
‘‘(2) increasing the number of teachers and 
school leaders who are effective in increasing student 
academic achievement. 
‘‘Subpart 1—Formula Grants to States 
‘‘SEC. 2211. STATE ALLOTMENTS. 
‘‘(a) RESERVATIONS.—From the amount appropriated 
under section 3(b) for any fiscal year, the Secretary— 
‘‘(1) shall reserve 25 percent to award grants to 
States under this subpart; and 
‘‘(2) of the amount reserved under paragraph 
(1), shall reserve— 
‘‘(A) not more than 1 percent for national 
activities described in section 2233; 
‘‘(B) one-half of 1 percent for allotments to 
outlying areas on the basis of their relative need, 
as determined by the Secretary, in accordance 
with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Secretary 
of the Interior for programs under this part in 
schools operated or funded by the Bureau of In-
dian Education. 
‘‘(b) STATE ALLOTMENTS.— 
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‘‘(1) IN GENERAL.—From the total amount re-
served under subsection (a)(1) for each fiscal year and 
not reserved under subparagraphs (A) through (C) of 
subsection (a)(2), the Secretary shall allot, and make 
available in accordance with this section, to each 
State an amount that bears the same ratio to such 
sums as the school-age population of the State bears 
to the school-age population of all States. 
‘‘(2) SMALL STATE MINIMUM.—No State receiv-
ing an allotment under paragraph (1) may receive 
less than one-half of 1 percent of the total amount al-
lotted under such paragraph. 
‘‘(3) REALLOTMENT.—If a State does not receive 
an allotment under this subpart for a fiscal year, the 
Secretary shall reallot the amount of the State’s allot-
ment to the remaining States in accordance with this 
section. 
‘‘(c) STATE APPLICATION.—In order to receive an al-
lotment under this section for any fiscal year, a State shall 
submit an application to the Secretary, at such time and 
in such manner as the Secretary may reasonably require. 
Such application shall— 
‘‘(1) designate the State educational agency as 
the agency responsible for the administration and su-
pervision of programs assisted under this part; 
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‘‘(2) describe how the State educational agency 
will use funds received under this section for State 
level activities described in subsection (d)(3); 
‘‘(3) describe the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding subgrants in a timely manner 
to eligible entities under section 2221 on a competi-
tive basis; 
‘‘(4) describe how the State educational agency 
will ensure that subgrants made under section 2221 
are of sufficient size and scope to support effective 
programs that will help increase academic achieve-
ment in the classroom and are consistent with the 
purposes of this part; 
‘‘(5) describe the steps the State educational 
agency will take to ensure that eligible entities use 
subgrants received under section 2221 to carry out 
programs that implement effective strategies, includ-
ing by providing ongoing technical assistance and 
training, and disseminating evidence-based and other 
effective strategies to such eligible entities; 
‘‘(6) describe how programs under this part will 
be coordinated with other programs under this Act; 
and 
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‘‘(7) include an assurance that, other than pro-
viding technical and advisory assistance and moni-
toring compliance with this part, the State edu-
cational agency has not exercised, and will not exer-
cise, any influence in the decision-making processes of 
eligible entities as to the expenditure of funds made 
pursuant to an application submitted under section 
2221(b). 
‘‘(d) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this section shall reserve not less than 
92 percent of the amount allotted to such State under 
subsection (b), for each fiscal year, for subgrants to el-
igible entities under subpart 2. 
‘‘(2) STATE
ADMINISTRATION.—A State edu-
cational agency may reserve not more than 1 percent 
of the amount made available to the State under sub-
section (b) for the administrative costs of carrying out 
such State educational agency’s responsibilities under 
this subpart. 
‘‘(3) STATE-LEVEL ACTIVITIES.— 
‘‘(A) INNOVATIVE
TEACHER
AND
SCHOOL 
LEADER ACTIVITIES.—A State educational agen-
cy shall reserve not more than 4 percent of the 
amount made available to the State under sub-
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section (b) to carry out, solely, or in partnership 
with State agencies of higher education, 1 or 
more of the following activities: 
‘‘(i) Reforming teacher and school lead-
er certification, recertification, licensing, 
and tenure systems to ensure that such sys-
tems are rigorous and that— 
‘‘(I) each teacher has the subject 
matter knowledge and teaching skills 
necessary to help students meet the 
State’s academic standards; and 
‘‘(II) school leaders have the in-
structional leadership skills to help 
teachers instruct and students learn. 
‘‘(ii) Improving the quality of teacher 
preparation programs within the State, in-
cluding through the use of appropriate stu-
dent achievement data and other factors to 
evaluate the quality of teacher preparation 
programs within the State. 
‘‘(iii) Carrying out programs that es-
tablish, expand, or improve alternative 
routes for State certification or licensure of 
teachers and school leaders, including such 
programs for— 
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‘‘(I) mid-career professionals from 
other occupations, including science, 
technology, 
engineering, 
and 
math 
fields; 
‘‘(II) former military personnel; 
and 
‘‘(III) recent graduates of an in-
stitution of higher education, with a 
record of academic distinction, who 
demonstrate the potential to become ef-
fective teachers or school leaders. 
‘‘(iv) Developing, or assisting eligible 
entities in developing— 
‘‘(I) performance-based pay sys-
tems for teachers and school leaders; 
‘‘(II) strategies that provide dif-
ferential, incentive, or bonus pay for 
teachers and school leaders; or 
‘‘(III) teacher and school leader 
advancement initiatives that promote 
professional growth and emphasize 
multiple career paths and pay differen-
tiation. 
‘‘(v) Developing, or assisting eligible 
entities in developing, new, evidence-based 
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teacher and school leader induction and 
mentoring programs that are designed to— 
‘‘(I) improve instruction and stu-
dent academic achievement; and 
‘‘(II) increase the retention of ef-
fective teachers and school leaders. 
‘‘(vi) Providing professional develop-
ment for teachers and school leaders that is 
focused on improving teaching and student 
academic achievement, including for stu-
dents with different learning styles, particu-
larly students with disabilities, English 
learners, gifted and talented students, and 
other special populations. 
‘‘(vii) Providing training and tech-
nical assistance to eligible entities that re-
ceive a subgrant under section 2221. 
‘‘(viii) Other activities identified by 
the State educational agency that meet the 
purposes of this part, including those activi-
ties authorized under subparagraph (B). 
‘‘(B) TEACHER OR SCHOOL LEADER PREPA-
RATION ACADEMIES.— 
‘‘(i) IN GENERAL.—In the case of a 
State in which teacher or school leader 
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preparation academies are allowable under 
State law, a State educational agency may 
reserve not more than 3 percent of the 
amount made available to the State under 
subsection (b) to support the establishment 
or expansion of one or more teacher or 
school leader preparation academies and, 
subject to the limitation under clause (iii), 
to support State authorizers for such acad-
emies. 
‘‘(ii) 
MATCHING
REQUIREMENT.—A 
State educational agency shall not provide 
funds under this subparagraph to support 
the establishment or expansion of a teacher 
or school leader preparation academy unless 
the academy agrees to provide, either di-
rectly or through private contributions, non- 
Federal matching funds equal to not less 
than 10 percent of the amount of the funds 
the academy will receive under this sub-
paragraph. 
‘‘(iii) FUNDING FOR STATE AUTHOR-
IZERS.—Not more than 5 percent of funds 
provided to a teacher or school leader prepa-
ration academy under this subparagraph 
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may be used to support activities of State 
authorizers for such academy. 
‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI-
CATIONS. 
‘‘(a) DEEMED APPROVAL.—An application submitted 
by a State pursuant to section 2211(c) shall be deemed to 
be approved by the Secretary unless the Secretary makes 
a written determination, prior to the expiration of the 120- 
day period beginning on the date on which the Secretary 
received the application, that the application is not in com-
pliance with section 2211(c). 
‘‘(b) DISAPPROVAL PROCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall not fi-
nally disapprove an application submitted under sec-
tion 2211(c), except after giving the State educational 
agency notice and an opportunity for a hearing. 
‘‘(2) NOTIFICATION.—If the Secretary finds that 
an application is not in compliance, in whole or in 
part, with section 2211(c) the Secretary shall— 
‘‘(A) give the State educational agency no-
tice and an opportunity for a hearing; and 
‘‘(B) notify the State educational agency of 
the finding of noncompliance and, in such notifi-
cation, shall— 
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‘‘Subpart 2—Local Competitive Grant Program 
‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives an allotment 
under section 2211(b) for a fiscal year shall use the amount 
reserved under section 2211(d)(1) to award subgrants, on 
a competitive basis, to eligible entities in accordance with 
this section to enable such entities to carry out the programs 
and activities described in section 2222. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this section, an eligible entity shall 
submit an application to the State educational agen-
cy at such time, in such manner, and including such 
information as the State educational agency may rea-
sonably require. 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the programs and ac-
tivities to be funded and how they are consistent 
with the purposes of this part; and 
‘‘(B) an assurance that the eligible entity 
will comply with section 5501 (regarding par-
ticipation by private school children and teach-
ers). 
‘‘(c) PEER REVIEW.—In reviewing applications under 
this section, a State educational agency shall use a peer 
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review process or other methods of assuring the quality of 
such applications but the review shall only judge the likeli-
hood of the activity to increase student academic achieve-
ment. The reviewers shall not make a determination based 
on the policy of the proposed activity. 
‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this section equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(e) DURATION
OF AWARDS.—A State educational 
agency may award subgrants under this section for a period 
of not more than 5 years. 
‘‘(f) MATCHING.—An eligible entity receiving a 
subgrant under this section shall provide, either directly or 
through private contributions, non-Federal matching funds 
equal to not less than 10 percent of the amount of the 
subgrant. 
‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 
‘‘(a) IN GENERAL.—Each eligible entity receiving a 
subgrant under section 2221 shall use such subgrant funds 
to develop, implement, and evaluate comprehensive pro-
grams and activities, that are in accordance with the pur-
pose of this part and— 
‘‘(1) are consistent with the principles of effec-
tiveness described in subsection (b); and 
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‘‘(2) may include, among other programs and 
activities— 
‘‘(A) developing and implementing initia-
tives to assist in recruiting, hiring, and retain-
ing highly effective teachers and school leaders, 
including initiatives that provide— 
‘‘(i) differential, incentive, or bonus 
pay for teachers and school leaders; 
‘‘(ii) performance-based pay systems 
for teachers and school leaders; 
‘‘(iii) teacher and school leader ad-
vancement initiatives that promote profes-
sional growth and emphasize multiple ca-
reer paths and pay differentiation; 
‘‘(iv) new teacher and school leader in-
duction and mentoring programs that are 
designed to improve instruction, student 
academic achievement, and to increase 
teacher and school leader retention; and 
‘‘(v) teacher residency programs, and 
school leader residency programs, designed 
to develop and support new teachers or new 
school leaders, respectively; 
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‘‘(B) supporting the establishment or expan-
sion of teacher or school leader preparation acad-
emies under section 2211(d)(3)(B); 
‘‘(C) recruiting qualified individuals from 
other fields, including individuals from science, 
technology, engineering, and math fields, mid-ca-
reer professionals from other occupations, and 
former military personnel; 
‘‘(D) establishing, improving, or expanding 
model instructional programs to ensure that all 
children meet the State’s academic standards; 
‘‘(E) providing evidence-based, job embed-
ded, continuous professional development for 
teachers and school leaders focused on improving 
teaching and student academic achievement; 
‘‘(F) implementing programs based on the 
current science of learning, which includes re-
search on positive brain change and cognitive 
skill development; 
‘‘(G) recruiting and training teachers to 
teach dual credit and dual enrollment postsec-
ondary-level courses to secondary school students; 
and 
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‘‘(H) other activities and programs identi-
fied as necessary by the local educational agency 
that meet the purpose of this part. 
‘‘(b) PRINCIPLES
OF EFFECTIVENESS.—For a pro-
gram or activity developed pursuant to this section to meet 
the principles of effectiveness, such program or activity 
shall— 
‘‘(1) be based upon an assessment of objective 
data regarding the need for programs and activities 
in the elementary schools and secondary schools served 
to increase the number of teachers and school leaders 
who are effective in improving student academic 
achievement; 
‘‘(2) reflect evidence-based research, or in the ab-
sence of a strong research base, reflect effective strate-
gies in the field, that provide evidence that the pro-
gram or activity will improve student academic 
achievement; and 
‘‘(3) include meaningful and ongoing consulta-
tion with, and input from, teachers, school leaders, 
and parents, in the development of the application 
and administration of the program or activity. 
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‘‘Subpart 3—General Provisions 
‘‘SEC. 2231. PERIODIC EVALUATION. 
‘‘(a) IN GENERAL.—Each eligible entity and each 
teacher or school leader preparation academy that receives 
funds under this part shall undergo a periodic evaluation 
by the State educational agency involved to assess such enti-
ty’s or such academy’s progress toward achieving the pur-
poses of this part. 
‘‘(b) USE OF RESULTS.—The results of an evaluation 
described in subsection (a) of an eligible entity or academy 
shall be— 
‘‘(1) used to refine, improve, and strengthen such 
eligible entity or such academy, respectively; and 
‘‘(2) made available to the public upon request, 
with public notice of such availability provided. 
‘‘SEC. 2232. REPORTING REQUIREMENTS. 
‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each eli-
gible entity and each teacher or school leader preparation 
academy that receives funds from a State educational agen-
cy under this part shall prepare and submit annually to 
such State educational agency a report that includes— 
‘‘(1) a description of the progress of the eligible 
entity or teacher or school leader preparation acad-
emy, respectively, in meeting the purposes of this 
part; 
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‘‘(2) a description of the programs and activities 
conducted by the eligible entity or teacher or school 
leader preparation academy, respectively, with funds 
received under this part; 
‘‘(3) how the eligible entity or teacher or school 
leader preparation academy, respectively, is using 
such funds; and 
‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency that receives a grant under this part 
shall prepare and submit, annually, to the Secretary a re-
port that includes— 
‘‘(1) a description of the programs and activities 
conducted by the State educational agency with grant 
funds received under this part; 
‘‘(2) a description of the progress of the State 
educational agency in meeting the purposes of this 
part described in section 2201; 
‘‘(3) how the State educational agency is using 
grant funds received under this part; 
‘‘(4) the methods and criteria the State edu-
cational agency used to award subgrants in a timely 
manner to eligible entities under section 2221 and, if 
applicable, funds in a timely manner to teacher or 
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school leader academies under section 2211(d)(3)(B); 
and 
‘‘(5) the results of the periodic evaluations con-
ducted under section 2231. 
‘‘SEC. 2233. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2211(a)(2)(A), the Secretary shall, directly or through 
grants and contracts— 
‘‘(1) provide technical assistance to States and 
eligible entities in carrying out activities under this 
part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by States and eligible entities under this 
part. 
‘‘SEC. 2234. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) a local educational agency or consor-
tium of local educational agencies; 
‘‘(B) an institution of higher education or 
consortium of such institutions in partnership 
with a local educational agency or consortium of 
local educational agencies; 
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‘‘(C) a for-profit organization, a nonprofit 
organization, or a consortium of for-profit or 
nonprofit organizations in partnership with a 
local educational agency or consortium of local 
educational agencies; or 
‘‘(D) a consortium of the entities described 
in subparagraphs (B) and (C). 
‘‘(2) STATE.—The term ‘State’ means each of the 
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
‘‘(3) STATE AUTHORIZER.—The term ‘State au-
thorizer’ means an entity designated by the Governor 
of a State to authorize teacher or school leader prepa-
ration academies within the State that— 
‘‘(A) enters into an agreement with a teach-
er or school leader preparation academy that— 
‘‘(i) specifies the goals expected of the 
academy, which, at a minimum, include the 
goals described in paragraph (4); and 
‘‘(ii) does not reauthorize the academy 
if such goals are not met; and 
‘‘(B) may be a nonprofit organization, a 
State educational agency, or other public entity, 
or consortium of such entities (including a con-
sortium of State educational agencies). 
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‘‘(4) TEACHER OR SCHOOL LEADER PREPARA-
TION ACADEMY.—The term ‘teacher or school leader 
preparation academy’ means a public or private enti-
ty, or a nonprofit or for-profit organization, which 
may be an institution of higher education or an orga-
nization affiliated with an institution of higher edu-
cation, that will prepare teachers or school leaders to 
serve in schools, and that— 
‘‘(A) enters into an agreement with a State 
authorizer that specifies the goals expected of the 
academy, including— 
‘‘(i) a requirement that prospective 
teachers or school leaders who are enrolled 
in a teacher or school leader preparation 
academy receive a significant part of their 
training through clinical preparation that 
partners the prospective candidate with an 
effective teacher or school leader, respec-
tively, with a demonstrated record of in-
creasing student achievement, while also re-
ceiving concurrent instruction from the 
academy in the content area (or areas) in 
which the prospective teacher or school lead-
er will become certified or licensed; 
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‘‘(ii) the number of effective teachers or 
school leaders, respectively, who will dem-
onstrate 
success 
in 
increasing 
student 
achievement that the academy will produce; 
and 
‘‘(iii) a requirement that a teacher or 
school leader preparation academy will only 
award a certificate of completion after the 
graduate demonstrates that the graduate is 
an effective teacher or school leader, respec-
tively, with a demonstrated record of in-
creasing student achievement, except that 
an academy may award a provisional cer-
tificate for the period necessary to allow the 
graduate to demonstrate such effectiveness; 
‘‘(B) does not have restrictions on the meth-
ods the academy will use to train prospective 
teacher or school leader candidates, including— 
‘‘(i) obligating (or prohibiting) the 
academy’s faculty to hold advanced degrees 
or conduct academic research; 
‘‘(ii) restrictions related to the acad-
emy’s physical infrastructure; 
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‘‘(iii) restrictions related to the number 
of course credits required as part of the pro-
gram of study; 
‘‘(iv) restrictions related to the under-
graduate coursework completed by teachers 
teaching or working on alternative certifi-
cates, licenses, or credentials, as long as 
such teachers have successfully passed all 
relevant State-approved content area exami-
nations; or 
‘‘(v) restrictions related to obtaining 
accreditation from an accrediting body for 
purposes of becoming an academy; 
‘‘(C) limits admission to its program to 
prospective teacher or school leader candidates 
who demonstrate strong potential to improve stu-
dent achievement, based on a rigorous selection 
process that reviews a candidate’s prior aca-
demic achievement or record of professional ac-
complishment; and 
‘‘(D) results in a certificate of completion 
that the State may recognize as at least the 
equivalent of a master’s degree in education for 
the purposes of hiring, retention, compensation, 
and promotion in the State. 
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‘‘(5) TEACHER RESIDENCY PROGRAM.—The term 
‘teacher residency program’ means a school-based 
teacher preparation program in which a prospective 
teacher— 
‘‘(A) for one academic year, teaches along-
side an effective teacher, as determined by a 
teacher evaluation system implemented under 
part A, who is the teacher of record; 
‘‘(B) receives concurrent instruction during 
the year described in subparagraph (A) from the 
partner institution (as defined in section 200 of 
the Higher Education Act of 1965 (20 U.S.C. 
1021)), which courses may be taught by local 
educational agency personnel or residency pro-
gram faculty, in the teaching of the content area 
in which the teacher will become certified or li-
censed; and 
‘‘(C) acquires effective teaching skills.’’. 
(d) PART C.—Part C of title II (20 U.S.C. 6671 et 
seq.) is amended— 
(1) by striking subparts 1 through 4; 
(2) by striking the heading relating to subpart 5; 
(3) by striking sections 2361 and 2368; 
(4) in section 2362, by striking ‘‘principals’’ and 
inserting ‘‘school leaders’’; 
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(5) in section 2363(6)(A), by striking ‘‘prin-
cipal’’ and inserting ‘‘school leader’’; 
(6) in section 2366(b), by striking ‘‘ate law’’ and 
inserting ‘‘(3) A State law’’; 
(7) by redesignating section 2362 as section 
2361; 
(8) by redesignating sections 2364 through 2367 
as sections 2362 through 2365, respectively; and 
(9) by redesignating section 2363 as section 2366 
and transferring such section to appear after section 
2365 (as so redesignated). 
(e) PART D.—Part D of title II (20 U.S.C. 6751 et 
seq.) is amended to read as follows: 
‘‘PART D—GENERAL PROVISIONS 
‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 
‘‘In this title, the term ‘local educational agency’ in-
cludes a charter school (as defined in section 5101) that, 
in the absence of this section, would not have received funds 
under this title. 
‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 
‘‘At the beginning of each school year, a local edu-
cational agency that receives funds under this title shall no-
tify the parents of each student attending any school receiv-
ing funds under this title that the parents may request, and 
the agency will provide the parents on request (and in a 
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timely manner), information regarding the professional 
qualifications of the student’s classroom teachers. 
‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds received under this title shall be used to sup-
plement, and not supplant, non-Federal funds that would 
otherwise be used for activities authorized under this title.’’. 
SEC. 202. CONFORMING REPEALS. 
(a) CONFORMING REPEALS.—Title II of the Higher 
Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended 
by repealing sections 201 through 204. 
(b) EFFECTIVE DATE.—The repeals made by sub-
section (a) shall take effect October 1, 2013. 
TITLE III—PARENTAL ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI-
BILITY. 
Title III (20 U.S.C. 6801 et seq.) is amended to read 
as follows: 
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‘‘TITLE III—PARENTAL ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
‘‘PART A—PARENTAL ENGAGEMENT 
‘‘Subpart 1—Charter School Program 
‘‘SEC. 3101. PURPOSE. 
‘‘It is the purpose of this subpart to— 
‘‘(1) improve the United States education system 
and educational opportunities for all Americans by 
supporting innovation in public education in public 
school settings that prepare students to compete and 
contribute to the global economy; 
‘‘(2) provide financial assistance for the plan-
ning, program design, and initial implementation of 
charter schools; 
‘‘(3) expand the number of high-quality charter 
schools available to students across the Nation; 
‘‘(4) evaluate the impact of such schools on stu-
dent achievement, families, and communities, and 
share best practices between charter schools and other 
public schools; 
‘‘(5) encourage States to provide support to char-
ter schools for facilities financing in an amount more 
nearly commensurate to the amount the States have 
typically provided for traditional public schools; 
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‘‘(6) improve student services to increase oppor-
tunities for students with disabilities, English learn-
ers, and other traditionally underserved students to 
attend charter schools and meet challenging State 
academic achievement standards; and 
‘‘(7) support efforts to strengthen the charter 
school authorizing process to improve performance 
management, including transparency, monitoring, 
and evaluation of such schools. 
‘‘SEC. 3102. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(c)(1)(A), the Secretary shall carry out a 
charter school program under this subpart that supports 
charter schools that serve elementary school and secondary 
school students by— 
‘‘(1) supporting the startup, replication, and ex-
pansion of charter schools; 
‘‘(2) assisting charter schools in accessing credit 
to acquire and renovate facilities for school use; and 
‘‘(3) carrying out national activities to sup-
port— 
‘‘(A) charter school development; 
‘‘(B) the dissemination of best practices of 
charter schools for all schools; and 
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‘‘(C) the evaluation of the impact of the pro-
gram on schools participating in the program. 
‘‘(b) FUNDING ALLOTMENT.—From the amount made 
available under section 3(c)(1)(A) for a fiscal year, the Sec-
retary shall— 
‘‘(1) reserve 15 percent to support charter school 
facilities assistance under section 3104; 
‘‘(2) reserve not more than 5 percent to carry out 
national activities under section 3105; and 
‘‘(3) use the remaining amount after the Sec-
retary reserves funds under paragraphs (1) and (2) to 
carry out section 3103. 
‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipient 
of a grant or subgrant under this subpart or subpart 2, 
as such subpart was in effect on the day before the date 
of enactment of the Student Success Act, shall continue to 
receive funds in accordance with the terms and conditions 
of such grant or subgrant. 
‘‘SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 
SCHOOLS. 
‘‘(a) IN GENERAL.—From the amount reserved under 
section 3102(b)(3), the Secretary shall award grants to 
State entities having applications approved pursuant to 
subsection (f) to enable such entities to— 
‘‘(1) award subgrants to eligible applicants for— 
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‘‘(A) opening new charter schools; 
‘‘(B) opening replicable, high-quality char-
ter school models; or 
‘‘(C) expanding high-quality charter schools; 
and 
‘‘(2) provide technical assistance to eligible ap-
plicants and authorized public chartering agencies in 
carrying out the activities described in paragraph (1) 
and work with authorized public chartering agencies 
in the State to improve authorizing quality. 
‘‘(b) STATE USES OF FUNDS.— 
‘‘(1) IN GENERAL.—A State entity receiving a 
grant under this section shall— 
‘‘(A) use 90 percent of the grant funds to 
award subgrants to eligible applicants, in ac-
cordance with the quality charter school program 
described in the entity’s application approved 
pursuant to subsection (f), for the purposes de-
scribed in subparagraphs (A) through (C) of sub-
section (a)(1); and 
‘‘(B) reserve 10 percent of such funds to 
carry out the activities described in subsection 
(a)(2), of which not more than 30 percent may 
be used for administrative costs which may in-
clude technical assistance. 
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‘‘(2) CONTRACTS AND GRANTS.—A State entity 
may use a grant received under this section to carry 
out the activities described in subparagraphs (A) and 
(B) of paragraph (1) directly or through grants, con-
tracts, or cooperative agreements. 
‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT NUM-
BER AND AMOUNT; DIVERSITY OF PROJECTS; WAIVERS.— 
‘‘(1) PROGRAM PERIODS.— 
‘‘(A) GRANTS.—A grant awarded by the 
Secretary to a State entity under this section 
shall be for a period of not more than 5 years. 
‘‘(B) SUBGRANTS.—A subgrant awarded by 
a State entity under this section shall be for a 
period of not more than 3 years, of which an eli-
gible applicant may use not more than 18 
months for planning and program design. 
‘‘(2) PEER REVIEW.—The Secretary, and each 
State entity receiving a grant under this section, shall 
use a peer review process to review applications for 
assistance under this section. 
‘‘(3) GRANT NUMBER AND AMOUNT.—The Sec-
retary shall ensure that the number of grants awarded 
under this section and the award amounts will allow 
for a sufficient number of new grants to be awarded 
under this section for each succeeding fiscal year. 
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‘‘(4) DIVERSITY OF PROJECTS.—Each State enti-
ty receiving a grant under this section shall award 
subgrants under this section in a manner that, to the 
extent possible, ensures that such subgrants— 
‘‘(A) are distributed throughout different 
areas, including urban, suburban, and rural 
areas; and 
‘‘(B) will assist charter schools representing 
a variety of educational approaches. 
‘‘(5) WAIVERS.—The Secretary may waive any 
statutory or regulatory requirement without requiring 
the adoption of any unrelated requirements over 
which the Secretary exercises administrative author-
ity except any such requirement relating to the ele-
ments of a charter school described in section 5101(3), 
if— 
‘‘(A) the waiver is requested in an approved 
application under this section; and 
‘‘(B) the Secretary determines that granting 
such a waiver will promote the purpose of this 
subpart. 
‘‘(d) LIMITATIONS.— 
‘‘(1) GRANTS.—A State entity may not receive 
more than 1 grant under this section for a 5-year pe-
riod. 
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‘‘(2) SUBGRANTS.—An eligible applicant may 
not receive more than 1 subgrant under this section 
for an individual charter school for a 3-year period. 
‘‘(e) APPLICATIONS.—A State entity desiring to receive 
a grant under this section shall submit an application to 
the Secretary at such time and in such manner as the Sec-
retary may require. The application shall include the fol-
lowing: 
‘‘(1) DESCRIPTION OF PROGRAM.—A description 
of the State entity’s objectives in running a quality 
charter school program under this section and how 
the objectives of the program will be carried out, in-
cluding a description— 
‘‘(A) of how the entity— 
‘‘(i) will support both new charter 
school startup and the expansion and rep-
lication of high-quality charter school mod-
els; 
‘‘(ii) 
will 
inform 
eligible 
charter 
schools, developers, and authorized public 
chartering agencies of the availability of 
funds under the program; 
‘‘(iii) will work with eligible appli-
cants to ensure that the applicants access 
all Federal funds that they are eligible to 
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receive, and help the charter schools sup-
ported by the applicants and the students 
attending the charter schools— 
‘‘(I) participate in the Federal 
programs in which the schools and stu-
dents are eligible to participate; and 
‘‘(II) receive the commensurate 
share of Federal funds the schools and 
students are eligible to receive under 
such programs; 
‘‘(iv) in the case in which the entity is 
not a State educational agency— 
‘‘(I) will work with the State edu-
cational agency and the charter schools 
in the State to maximize charter school 
participation in Federal and State 
programs for charter schools; and 
‘‘(II) will work with the State 
educational agency to adequately oper-
ate the entity’s program under this sec-
tion, where applicable; 
‘‘(v) will ensure eligible applicants that 
receive a subgrant under the entity’s pro-
gram are prepared to continue to operate 
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the charter schools receiving the subgrant 
funds once the funds have expired; 
‘‘(vi) will support charter schools in 
local educational agencies with large num-
bers of schools implementing requirements 
under the State’s school improvement sys-
tem under section 1111(b)(3)(B)(iii); 
‘‘(vii) will work with charter schools to 
promote inclusion of all students and sup-
port all students once they are enrolled to 
promote retention; 
‘‘(viii) will work with charter schools 
on recruitment practices, including efforts 
to engage groups that may otherwise have 
limited opportunities to participate in 
charter schools; 
‘‘(ix) will share best and promising 
practices between charter schools and other 
public schools, including, where appro-
priate, instruction and professional develop-
ment in science, math, technology, and engi-
neering education; 
‘‘(x) will ensure the charter schools re-
ceiving funds under the entity’s program 
can meet the educational needs of their stu-
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