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‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the 
requirements 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 pri-
vate elementary schools or secondary 
schools in such agency’s school at-
tendance 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 
section. 
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‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used 
to provide services under this section, and title to 
materials, equipment, and property purchased with 
those funds, shall be in a public agency for the uses 
and 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, 
person, association, agency, organization, or 
other entity shall be independent of the private 
school and of any religious organization, and 
the employment 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 
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this section shall not be commingled with non- 
Federal 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 other entity is prohibited from providing for the partici-
pation 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 substantially failed or is unwilling to provide 
for that participation, 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 sub-
ject to the requirements of this section and of sec-
tions 5501, 5503, and 5504. 
‘‘(b) DETERMINATION.—In making the determina-
tion under subsection (a), the Secretary shall consider one 
or more factors, including the quality, size, scope, and lo-
cation of the program, and the opportunity of private 
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school children, teachers, and other educational personnel 
to participate in the program. 
‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for 
receiving, investigating, and resolving complaints from 
parents, teachers, or other individuals and organizations 
concerning violations of section 5501 by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity. 
The individual or organization 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 re-
solves the complaint or fails to resolve the complaint with-
in 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. 
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‘‘Subpart 2—Prohibitions 
‘‘SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the 
Federal Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, man-
date, direct, incentivize, or control a State, local edu-
cational agency, or school’s specific instructional content, 
academic standards and assessments, curricula, or pro-
gram of instruction, (including any requirement, direction, 
incentive, or mandate to adopt the Common Core State 
Standards developed under the Common Core State 
Standards Initiative or any other academic standards com-
mon to a significant number of States), nor shall anything 
in this Act be construed to authorize such officer or em-
ployee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee 
of the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agree-
ments, make financial support available in a manner that 
is conditioned upon a State, local educational agency, or 
school’s adoption of specific instructional content, aca-
demic standards and assessments, curriculum, or program 
of instruction, (including any requirement, direction, or 
mandate to adopt the Common Core State Standards de-
veloped under the Common Core State Standards Initia-
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tive, any other academic standards common to a signifi-
cant number of States, or any assessment, instructional 
content, or curriculum aligned to such standards), even 
if such requirements 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. 
‘‘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, direct, or control a State, local educational agen-
cy, or school’s curriculum, program of instruction, or allo-
cation 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 indi-
rectly—whether through a grant, contract, or cooperative 
agreement—to endorse, approve, develop, require, or sanc-
tion any curriculum, including any curriculum aligned to 
the Common Core State Standards developed under the 
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Common Core State Standards Initiative or any other aca-
demic standards common to a significant number of 
States, designed to be used in an elementary school or sec-
ondary school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
‘‘(1) authorize an officer or employee of the 
Federal Government directly or indirectly—whether 
through a grant, contract, or cooperative agree-
ment—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 as-
sistance under this Act. 
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‘‘(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. 
‘‘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 
Secretary or to the recipient of any award may be used 
to develop, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test or testing 
materials 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 Reform Act of 2002 and administered to only a 
representative sample of pupils in the United States and 
in foreign nations. 
‘‘SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other pro-
vision of this Act or any other provision of law, no funds 
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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 edu-
cation paraprofessionals, including any planning, develop-
ment, implementation, or administration of such test or 
certification. 
‘‘(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 il-
legally use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act; 
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‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage 
sexual activity, whether homosexual or heterosexual; 
‘‘(5) to distribute or to aid in the distribution 
by any organization of legally obscene materials to 
minors on school grounds; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age 
appropriate 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. 
‘‘SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICI-
PATION. 
‘‘Any State that opts out of receiving funds, or that 
has not been awarded funds, under one or more programs 
under this Act shall not be required to carry out any of 
the requirements of such program or programs, and noth-
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ing in this Act shall be construed to require a State to 
participate in any program under this Act. 
‘‘SEC. 5531. LOCAL CONTROL. 
‘‘The Secretary shall not— 
‘‘(1) impose any requirements or exercise any 
governance or authority over school administration, 
including the development and expenditure over 
school budgets, unless explicitly authorized under 
this Act; 
‘‘(2) issue any regulations or non-regulatory 
guidance without first consulting with local stake-
holders and fairly addressing their concerns; or 
‘‘(3) deny any local educational agency the 
right to object to any administrative requirement, in-
cluding actions that place additional burdens or cost 
on the local educational agency. 
‘‘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 INFOR-
MATION.—Notwithstanding section 444(a)(5)(B) of 
the General Education Provisions Act, each local 
educational agency receiving assistance under this 
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Act shall provide, upon a request made by a military 
recruiter or an institution of higher education, ac-
cess to the name, address, and telephone listing of 
each secondary school student served by the local 
educational agency, unless the parent of such stu-
dent has submitted 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 list-
ing 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 no-
tify the parents of the students served by the 
agency of the option to make a request de-
scribed in subparagraph (A). 
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‘‘(3) SAME ACCESS TO STUDENTS.—Each local 
educational agency receiving assistance under this 
Act shall provide military recruiters the same access 
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 agen-
cy to withhold access to a student’s name, address, 
and telephone listing from a military recruiter or in-
stitution of higher education by implementing an 
opt-in process or any other process other than the 
written consent 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 stu-
dent 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 
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Act, notify school leaders, school administrators, and other 
educators 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 
objection is verifiable through the corporate or other orga-
nizational 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 com-
pliance with the specific requirements and assurances re-
quired by this Act. 
‘‘SEC. 5543. PEER REVIEW. 
‘‘(a) IN GENERAL.—If the Secretary uses a peer re-
view panel to evaluate an application for any program re-
quired under this Act, the Secretary shall conduct the 
panel in accordance 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, ex-
cept that there shall be at least 75 percent practi-
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tioners on each panel and in each group formed 
from the panel. 
‘‘(c) GUIDANCE.—The Secretary shall issue the peer 
review guidance concurrently with the notice of the grant. 
‘‘(d) REPORTING.—The Secretary shall— 
‘‘(1) make the names of the peer reviewers 
available to the public before the final deadline for 
the application of the grant; 
‘‘(2) make the peer review notes publically 
available 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 
Secretary 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 
participate in, or attempt to influence the peer review 
process, except to respond to questions of a technical na-
ture, which shall be publicly reported. 
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‘‘SEC. 5544. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the par-
ents 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 of the content of such programs or activi-
ties funded under this Act, other than classroom instruc-
tion. 
‘‘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 authorized under this Act, as such program 
or project was in effect on the day before such en-
actment date, and publish such information on the 
Department’s website; 
‘‘(2) not later than 60 days after such enact-
ment date, identify the number of full-time equiva-
lent employees who work on or administer programs 
or projects authorized under this Act, as in effect on 
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the day before such enactment date, that have been 
eliminated 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 De-
partment calculated under paragraph (2); and 
‘‘(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 
employees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); 
‘‘(C) how the Secretary reduced the num-
ber of employees at the Department under 
paragraph (3); 
‘‘(D) the average salary of the employees 
described in subparagraph (B) whose positions 
were eliminated; and 
‘‘(E) the average salary of the full-time 
equivalent employees who work on or admin-
ister a program or project authorized under this 
Act by the Department, disaggregated by em-
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ployee function with each such program or 
project. 
‘‘SEC. 5552. CRIMINAL BACKGROUND CHECKS. 
‘‘(a) CONDITION OF RECEIPT OF FUNDS.—A local 
educational agency or State educational agency shall be 
ineligible for funds under this Act if such agency— 
‘‘(1) employs an individual who— 
‘‘(A) refuses to consent to a criminal back-
ground check that includes— 
‘‘(i) a search of the State criminal 
registry or repository in the State where 
the individual resides and each State where 
such individual previously resided; 
‘‘(ii) a search of State-based child 
abuse and neglect registries and databases 
in the State where the individual resides 
and each State where such individual pre-
viously resided; 
‘‘(iii) a search of the National Crime 
Information Center; 
‘‘(iv) a Federal Bureau of Investiga-
tion fingerprint check using the Integrated 
Automated Fingerprint Identification Sys-
tem; and 
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‘‘(v) a search of the National Sex Of-
fender Registry established under the 
Adam Walsh Child Protection and Safety 
Act of 2006 (42 U.S.C. 16901 et seq.); 
‘‘(B) makes a false statement in connec-
tion with such criminal background check; 
‘‘(C) is registered or is required to be reg-
istered on a State sex offender registry or the 
National Sex Offender Registry established 
under the Adam Walsh Child Protection and 
Safety Act of 2006 (42 U.S.C. 16901 et seq.); 
or 
‘‘(D) has been convicted of a felony con-
sisting of— 
‘‘(i) homicide; 
‘‘(ii) child abuse or neglect; 
‘‘(iii) a crime against children, includ-
ing child pornography; 
‘‘(iv) domestic violence; 
‘‘(v) a crime involving rape or sexual 
assault; 
‘‘(vi) kidnapping; 
‘‘(vii) arson; or 
‘‘(viii) physical assault, battery, or a 
drug-related offense, committed on or after 
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the date that is 5 years before the date of 
the individual’s criminal background check 
under this section; or 
‘‘(2) knowingly facilitates the transfer of an em-
ployee if the agency knows, or has probable cause to 
believe, that the employee engaged in sexual mis-
conduct with a student. 
‘‘(b) FEES FOR BACKGROUND CHECKS.—The Attor-
ney General or a State may charge any applicable fees 
for conducting a criminal background check under this 
section. 
‘‘Subpart 4—Restoration of State Sovereignty Over 
Public Education and Parental Rights Over the 
Education of Their Children 
‘‘SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES 
THEY DO NOT EXPRESSLY WAIVE. 
‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.— 
No officer, employee, or other authority of the Secretary 
shall enforce against an authority of a State, nor shall 
any authority of a State have any obligation to obey, any 
requirement imposed as a condition of receiving assistance 
under a grant program established under this Act, nor 
shall such program operate within a State, unless the leg-
islature of that State shall have by law expressly approved 
that program and, in doing so, have waived the State’s 
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rights and authorities to act inconsistently with any re-
quirement that might be imposed by the Secretary as a 
condition of receiving that assistance. 
‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FED-
ERAL FINANCIAL ASSISTANCE.—An officer, employee, or 
other authority of the Secretary may release assistance 
under a grant program established under this Act to a 
State only after the legislature of the State has by law 
expressly approved the program (as described in sub-
section (a)). This approval may be accomplished by a vote 
to affirm a State budget that includes the use of such Fed-
eral funds and any such State budget must expressly in-
clude any requirement imposed as a condition of receiving 
assistance under a grant program established under this 
Act so that by approving the budget, the State legislature 
is expressly approving the grant program and, in doing 
so, waiving the State’s rights and authorities to act incon-
sistently with any requirement that might be imposed by 
the Secretary as a condition of receiving that assistance. 
‘‘(c) SPECIAL RULE FOR STATES WITH BIENNIAL 
LEGISLATURES.—In the case of a State with a biennial 
legislature— 
‘‘(1) during a year in which the State legisla-
ture does not meet, subsections (a) and (b) shall not 
apply; and 
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‘‘(2) during a year in which the State legisla-
ture meets, subsections (a) and (b) shall apply, and, 
with respect to any grant program established under 
this Act during the most recent year in which the 
State legislature did not meet, the State may by law 
expressly disapprove the grant program, and, if such 
disapproval occurs, an officer, employee, or other au-
thority of the Secretary may not release any addi-
tional assistance to the State under that grant pro-
gram. 
‘‘(d) DEFINITION OF STATE AUTHORITY.—As used 
in this section, the term ‘authority of a State’ includes 
any administering agency of the State, any officer or em-
ployee of the State, and any local government authority 
of the State. 
‘‘(e) EFFECTIVE DATE.—This section applies in each 
State beginning on the 90th day after the end of the first 
regular session of the legislature of that State that begins 
5 years after the date of the enactment of the Student 
Success Act and shall continue to apply in subsequent 
years until otherwise provided by law. 
‘‘SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUC-
TION. 
‘‘Notwithstanding any formula reallocations stipu-
lated under the Student Success Act, any funds under 
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such Act not allocated to a State because a State did not 
affirmatively agree to the receipt of such funds shall not 
be reallocated among the States. 
‘‘SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGIS-
LATURE. 
‘‘In this Act, the term ‘State with a biennial legisla-
ture’ means a State the legislature of which meets every 
other year. 
‘‘SEC. 5564. INTENT OF CONGRESS. 
‘‘It is the intent of Congress that other than the 
terms and conditions expressly approved by State law 
under the terms of this subpart, control over public edu-
cation and parental rights to control the education of their 
children are vested exclusively within the autonomous zone 
of independent authority reserved to the States and indi-
vidual Americans by the United States Constitution, other 
than the Federal Government’s undiminishable obligation 
to enforce minimum Federal standards of equal protection 
and due process. 
‘‘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 
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Act. The reserved 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 
‘‘(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 completion of a comprehensive, multi-year 
plan— 
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‘‘(1) for the periodic evaluation of each of the 
major categorical programs authorized under this 
Act, and as resources permit, the smaller categorical 
programs 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— 
‘‘(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 
reserve 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 
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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.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9504 through 9506 (20 
U.S.C. 7884, 7885, and 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 
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(III) in subsection (d), by strik-
ing ‘‘No Child Left Behind Act of 
2001’’ and inserting ‘‘Student Success 
Act’’. 
(B) SUBPART 2 OF PART E OF TITLE V.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9531, 9533, and 9534 (20 
U.S.C. 7911, 7913, and 7914) are— 
(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 
‘‘Nothing’’; 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, and 7905) are— 
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(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 and 7161) are— 
(A) transferred to title V, as amended by 
paragraph (1) of this subsection; 
(B) inserted after section 5548 (as so re-
designated 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 
section 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-
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ondary Education Act of 1965 as in effect on the day be-
fore 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). 
TITLE VI—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
SEC. 601. THE FEDERAL GOVERNMENT’S TRUST RESPONSI-
BILITY TO AMERICAN INDIAN, ALASKA NA-
TIVE, AND NATIVE HAWAIIAN EDUCATION. 
Title VI of the Act (20 U.S.C. 7301 et seq.) is 
amended to read as follows: 
‘‘TITLE 
VI—THE 
FEDERAL 
GOVERNMENT’S 
TRUST RESPONSIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND NATIVE HA-
WAIIAN EDUCATION 
‘‘PART A—INDIAN EDUCATION 
‘‘SEC. 6101. STATEMENT OF POLICY. 
‘‘It is the policy of the United States to fulfill the 
Federal Government’s unique and continuing trust rela-
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tionship with, and responsibility to, the Indian people for 
the education of Indian children. The Federal Government 
will continue to work with local educational agencies, In-
dian tribes and organizations, postsecondary institutions, 
and other entities toward the goal of ensuring that pro-
grams that serve Indian children are of the highest quality 
and provide for not only the basic elementary and sec-
ondary educational needs, but also the unique educational 
and culturally related academic needs of these children. 
‘‘SEC. 6102. PURPOSE. 
‘‘It is the purpose of this part to support the efforts 
of local educational agencies, Indian tribes and organiza-
tions, postsecondary institutions, and other entities— 
‘‘(1) to meet the unique educational and cul-
turally related academic needs of American Indian 
and Alaska Native students, so that such students 
can meet State student academic achievement stand-
ards; 
‘‘(2) to ensure that Indian and Alaskan Native 
students gain knowledge and understanding of Na-
tive communities, languages, tribal histories, tradi-
tions, and cultures; and 
‘‘(3) to ensure that school leaders, teachers, and 
other staff who serve Indian and Alaska Native stu-
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dents have the ability to provide culturally appro-
priate and effective instruction to such students. 
‘‘SUBPART 1—FORMULA GRANTS TO LOCAL 
EDUCATIONAL AGENCIES 
‘‘SEC. 6111. PURPOSE. 
‘‘It is the purpose of this subpart to support the ef-
forts of local educational agencies, Indian tribes and orga-
nizations, and other entities to improve the academic 
achievement of American Indian and Alaska Native stu-
dents by providing for their unique cultural, language, and 
educational needs and ensuring that they are prepared to 
meet State academic standards. 
‘‘SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN GENERAL.—In accordance with this section 
and section 6113, the Secretary may make grants from 
allocations made under section 6113, to— 
‘‘(1) local educational agencies; 
‘‘(2) Indian tribes; 
‘‘(3) Indian organizations; and 
‘‘(4) Alaska Native Organizations 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this subpart for any fiscal year if the number of In-
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dian children eligible under section 6117 who were 
enrolled in the schools of the agency, and to whom 
the agency provided free public education, during 
the preceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent 
of the total number of individuals enrolled in 
the schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALAS-
KA NATIVE ORGANIZATIONS, AND CONSORTIA.— 
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is otherwise eligible for a grant under this 
subpart does not establish a committee under section 
6114(c)(4) for such grant, an Indian tribe, Indian 
organization, Alaska Native Organization, or consor-
tium of such entities that represents not less than 
one-third of the eligible Indian or Alaska Native 
children who are served by such local educational 
agency may apply for such grant. 
‘‘(2) SPECIAL RULE.— 
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‘‘(A) IN
GENERAL.—The Secretary shall 
treat each Indian tribe, Indian organization, 
Alaska Native Organization, or consortium of 
such entities applying for a grant pursuant to 
paragraph (1) as if such applicant were a local 
educational agency for purposes of this subpart. 
‘‘(B) EXCEPTIONS.—Notwithstanding sub-
paragraph (A), such Indian tribe, Indian orga-
nization, Alaska Native Organization, or con-
sortium of such entities shall not be subject to 
the 
requirements 
of 
section 
6114(c)(5), 
6118(c), or 6119. 
‘‘(3) ELIGIBILITY.—If more than 1 applicant 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
and Alaska Native children who are served by the 
local educational agency shall be eligible to receive 
the grant or the applicants may apply in consortium 
and jointly operate a program. 
‘‘(d) INDIAN
AND ALASKA NATIVE COMMUNITY- 
BASED ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—If no local educational 
agency pursuant to subsection (b), and no Indian 
tribe, tribal organization, Alaska Native Organiza-
tion, or consortium pursuant to subsection (c), ap-
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plies for a grant under this subpart, Indian and 
Alaska Native community-based organizations serv-
ing the community of the local educational agency 
may apply for the grant. 
‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 
Secretary shall apply the special rule in subsection 
(c)(2) to a community-based organization applying 
or receiving a grant under paragraph (1) in the 
same manner as such rule applies to an Indian tribe, 
Indian organization, Alaska Native Organization, or 
consortium. 
‘‘(3) DEFINITION OF INDIAN AND ALASKA NA-
TIVE
COMMUNITY-BASED
ORGANIZATIONS.—In this 
subsection, the term ‘Indian and Alaska Native com-
munity-based organizations’ means any organiza-
tions that— 
‘‘(A) are composed primarily of the family 
members of Indian or Alaska Native students, 
Indian or Alaska Native community members, 
tribal government education officials, and tribal 
members from a specific community; 
‘‘(B) assist in the social, cultural, and edu-
cational development of Indians or Alaska Na-
tives in such community; 
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‘‘(C) meet the unique cultural, language, 
and academic needs of Indian or Alaska Native 
students; and 
‘‘(D) demonstrate organizational and ad-
ministrative capacity to effectively manage the 
grant. 
‘‘SEC. 6113. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall 
allocate to each local educational agency that has an 
approved application under this subpart an amount 
equal to the product of— 
‘‘(A) the number of Indian children who 
are eligible under section 6117 and served by 
such agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is lo-
cated; or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e). 
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‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under sec-
tion 6112, and a school that is operated or sup-
ported by the Bureau of Indian Education that is el-
igible for a grant under subsection (d), that submits 
an application that is approved by the Secretary, 
shall, subject to appropriations, receive a grant 
under this subpart in an amount that is not less 
than $3,000. 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium for the purpose of obtaining 
grants under this subpart. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not 
more than $4,000 for all grantees if the Secretary 
determines such increase is necessary to ensure the 
quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, 
the term ‘average per pupil expenditure’, used with respect 
to a State, means an amount equal to— 
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the 
State, plus any direct current expenditures by the 
State for the operation of such agencies, without re-
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gard to the sources of funds from which such local 
or State expenditures were made, during the second 
fiscal year preceding the fiscal year for which the 
computation is made; divided by 
‘‘(2) the aggregate number of children who 
were included in average daily attendance for whom 
such agencies provided free public education during 
such preceding fiscal year. 
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE 
BUREAU OF INDIAN EDUCATION.— 
‘‘(1) IN GENERAL.—Subject to subsection (e), 
in addition to the grants awarded under subsection 
(a), the Secretary shall allocate to the Secretary of 
the Interior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and 
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‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this subpart shall submit an application in ac-
cordance with section 6114, and shall otherwise be 
treated as a local educational agency for the purpose 
of this subpart, except that such school shall not be 
subject to section 6114(c)(5), section 6118(c), or 
section 6119. 
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year to carry out this subpart are 
insufficient to pay in full the amounts determined for local 
educational agencies under subsection (a)(1) and for the 
Secretary of the Interior under subsection (d), each of 
those amounts shall be ratably reduced. 
‘‘SEC. 6114. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
subpart shall submit an application to the Secretary at 
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such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. 
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include 
a description of a comprehensive program for meeting the 
needs of Indian and Alaska Native children served by the 
local educational agency, including the language and cul-
tural needs of the children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students; 
‘‘(2)(A) is consistent with the State, tribal, and 
local plans submitted under other provisions of this 
Act; and 
‘‘(B) includes academic content and stu-
dent academic achievement goals for such chil-
dren, and benchmarks for attaining such goals, 
that are based on State academic content and 
student academic achievement standards adopt-
ed under title I for all children; 
‘‘(3) explains how the local educational agency 
will use the funds made available under this subpart 
to supplement other Federal, State, and local pro-
grams that serve such students; 
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‘‘(4) demonstrates how funds made available 
under this subpart will be used for activities de-
scribed in section 6115; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that— 
‘‘(A) teachers and other school profes-
sionals who are new to the Indian or Alaska 
Native community are prepared to work with 
Indian and Alaska Native children; 
‘‘(B) all teachers who will be involved in 
programs assisted under this subpart have been 
properly trained to carry out such programs; 
and 
‘‘(C) those family members of Indian and 
Alaska Native children and representatives of 
tribes who are on the committee described in 
(c)(5) will participate in the planning of profes-
sional development materials; 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
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sisted under this subpart, in meeting the goals 
described in paragraph (2); 
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to— 
‘‘(i) the committee described in sub-
section (c)(5); 
‘‘(ii) the community served by the 
local educational agency; and 
‘‘(iii) the tribes whose children are 
served by the local educational agency; 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A); and 
‘‘(7) explicitly delineates— 
‘‘(A) a formal, collaborative process that 
the local educational agency used to directly in-
volve tribes, Indian organizations, or Alaska 
Native Organizations in the development of the 
comprehensive programs and the results of such 
process; and 
‘‘(B) how the local educational agency 
plans to ensure that tribes, Indian organiza-
tions, or Alaska Native Organizations will play 
an active, meaningful, and ongoing role in the 
functioning of the comprehensive programs. 
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‘‘(c) ASSURANCES.—Each application submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this subpart only to supplement the 
funds that, in the absence of the Federal funds 
made available under this subpart, such agency 
would make available for services described in this 
subsection, and not to supplant such funds; 
‘‘(2) the local educational agency will use funds 
received under this subpart only for activities de-
scribed and authorized under this subpart; 
‘‘(3) the local educational agency will prepare 
and submit to the Secretary such reports, in such 
form and containing such information, as the Sec-
retary may require to— 
‘‘(A) carry out the functions of the Sec-
retary under this subpart; and 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this subpart are effec-
tive in improving the educational achievement 
of Indian and Alaska Native students served by 
such agency; and 
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‘‘(C) determine the extent to which such 
activities address the unique cultural, language, 
and educational needs of Indian students; 
‘‘(4) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs 
of the American Indian and Alaska Native stu-
dents for whom the local educational agency is 
providing an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
or Alaska Native community; and 
‘‘(C) was developed by such agency in open 
consultation with the families of Indian or Alas-
ka Native children, Indian or Alaska Native 
teachers, Indian or Alaska Native students 
from secondary schools, and representatives of 
tribes, Indian organizations, or Alaska Native 
Organizations in the community including 
through public hearings held by such agency to 
provide to the individuals described in this sub-
paragraph a full opportunity to understand the 
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program and to offer recommendations regard-
ing the program; 
‘‘(5) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected 
by— 
‘‘(i) family members of Indian and 
Alaska Native children that are attending 
the local educational agency’s schools; 
‘‘(ii) teachers in the schools; and 
‘‘(iii) Indian and Alaska Native stu-
dents attending secondary schools of the 
agency; 
‘‘(B) a majority of whose members are 
family members of Indian and Alaska Native 
children that are attending the local educational 
agency’s schools; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures 
relating to the hiring of personnel, as will en-
sure that the program for which assistance is 
sought will be operated and evaluated in con-
sultation with, and with the involvement of, 
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parents of the children, and representatives of 
the area, to be served; 
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance 
with section 6115(c), that has— 
‘‘(i) reviewed in a timely fashion the 
program; 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and 
‘‘(iii) will directly enhance the edu-
cational experience of American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws 
for the conduct of the activities of the com-
mittee and abides by such bylaws; and 
‘‘(6) the local educational agency conducted 
adequate outreach to family members to meet the 
requirements under subsection (c)(5). 
‘‘SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart 
shall use the grant funds, in a manner consistent with the 
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purpose specified in section 6111, for services and activi-
ties that— 
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of 
the local educational agency submitted to the Sec-
retary under section 6114(a) solely for the services 
and activities described in such application; 
‘‘(2) are designed with special regard for the 
language and cultural needs of the Indian students; 
and 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
‘‘(1) activities that support Native American 
language immersion programs and Native American 
language restoration programs, which may be taught 
by traditional leaders; 
‘‘(2) culturally related activities that support 
the program described in the application submitted 
by the local educational agency; 
‘‘(3) early childhood and family programs that 
emphasize school readiness; 
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‘‘(4) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State 
academic content and student academic achievement 
standards; 
‘‘(5) integrated educational services in combina-
tion with other programs including programs that 
enhance student achievement by promoting increased 
involvement of parents and families in school activi-
ties; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Improvement Act of 2006, 
including programs for tech-prep education, men-
toring, and apprenticeship; 
‘‘(7) activities to educate individuals so as to 
prevent violence, suicide, and substance abuse; 
‘‘(8) the acquisition of equipment, but only if 
the acquisition of the equipment is essential to 
achieve the purpose described in section 6111; 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency; 
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‘‘(10) activities that incorporate culturally and 
linguistically relevant curriculum content into class-
room instruction that is responsive to the unique 
learning styles of Indian and Alaska Native children 
and ensures that children are better able to meet 
State standards; 
‘‘(11) family literacy services; 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors; 
‘‘(13) dropout prevention strategies for Indian 
and Alaska Native students; and 
‘‘(14) strategies to meet the educational needs 
of at-risk Indian students in correctional facilities, 
including such strategies that support Indian and 
Alaska Native students who are transitioning from 
such facilities to schools served by local educational 
agencies. 
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding 
any other provision of law, a local educational agency may 
use funds made available to such agency under this sub-
part to support a schoolwide program under section 1114 
if— 
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‘‘(1) the committee established pursuant to sec-
tion 6114(c)(5) approves the use of the funds for 
the schoolwide program; 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 6111; and 
‘‘(3) the local educational agency identifies in 
its application how the use of such funds in a 
schoolwide program will produce benefits to the 
American Indian and Alaska Native students that 
would not be achieved if the funds were not used in 
a schoolwide program. 
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
under this subpart for any fiscal year may be used for 
administrative purposes. 
‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds 
provided to a grantee under this subpart may not be used 
for long-distance travel expenses for training activities 
available locally or regionally. 
‘‘SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this 
subpart may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students. 
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‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing 
grants for the provision of education and related services 
to the entity, shall authorize the entity to consolidate, in 
accordance with such plan, the federally funded education 
and related services programs of the entity and the Fed-
eral programs, or portions of the programs, serving Indian 
students in a manner that integrates the program services 
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating 
administrative functions. 
‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and re-
lated services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources 
to be consolidated; 
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‘‘(2) be consistent with the objectives of this 
section concerning authorizing the services to be in-
tegrated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that 
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the objectives set 
forth in this subpart; 
‘‘(4) describe the way in which services are to 
be integrated and delivered and the results expected 
from the plan; 
‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
‘‘(6) identify the State, tribal, or local agency 
or agencies to be involved in the delivery of the serv-
ices integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for academic content 
and student academic achievement goals designed to 
be met within a specific period of time; and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 6114(c)(5), if such a com-
mittee exists. 
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‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be 
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any 
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the entity to implement the plan. Notwithstanding 
any other provision of law, the Secretary of the affected 
department shall have the authority to waive any regula-
tion, policy, or procedure promulgated by that department 
that has been so identified by the entity or department, 
unless the Secretary of the affected department deter-
mines that such a waiver is inconsistent with the objectives 
of this subpart or those provisions of the statute from 
which the program involved derives authority that are spe-
cifically applicable to Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval. 
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‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of enact-
ment of the Student Success Act of 2013, the Secretary 
of Education, the Secretary of the Interior, the Secretary 
of the Department of Health and Human Services, and 
the head of any other Federal department or agency iden-
tified by the Secretary of Education, shall enter into an 
interdepartmental memorandum of agreement providing 
for the implementation and coordination of the demonstra-
tion projects authorized under this section. The lead agen-
cy head for a demonstration project under this section 
shall be— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related 
to the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
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‘‘(2) the use of a single report format related 
to the projected expenditures for the individual 
project which shall be used by an eligible entity to 
report on all project expenditures; 
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and 
‘‘(4) the provision of technical assistance to an 
eligible entity appropriate to the project, except that 
an eligible entity shall have the authority to accept 
or reject the plan for providing such technical assist-
ance and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with 
the requirements of this section. Such report format shall 
require that reports described in subsection (h), together 
with records maintained on the consolidated program at 
the local level, shall contain such information as will allow 
a determination that the eligible entity has complied with 
the requirements incorporated in its approved plan, in-
cluding making a demonstration of student academic 
achievement, and will provide assurances to each Sec-
retary that the eligible entity has complied with all directly 
applicable statutory requirements and with those directly 
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applicable regulatory requirements that have not been 
waived. 
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 
the amount of Federal funds available to an eligible entity 
involved in any demonstration project be reduced as a re-
sult of the enactment of this section. 
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action 
as may be necessary to provide for an interagency transfer 
of funds otherwise available to an eligible entity in order 
to further the objectives of this section. 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable ac-
tivities authorized under such program, except that 
the eligible entity shall determine the proportion of 
the funds granted that shall be allocated to such 
program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records 
tracing any services or activities conducted under 
the approved plan to the individual programs under 
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which funds were authorized for the services or ac-
tivities, nor shall the eligible entity be required to al-
locate expenditures among such individual programs. 
‘‘(m) OVERAGE.—The eligible entity may commingle 
all administrative funds from the consolidated programs 
and shall be entitled to the full amount of such funds 
(under each program’s or agency’s regulations). The over-
age (defined as the difference between the amount of the 
commingled funds and the actual administrative cost of 
the programs) shall be considered to be properly spent for 
Federal audit purposes, if the overage is used for the pur-
poses provided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 
part shall be construed so as to interfere with the ability 
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant 
to chapter 75 of title 31, United States Code. 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.— 
‘‘(1) PRELIMINARY REPORT.—Not later than 2 
years after the date of enactment of the Student 
Success Act of 2013, the Secretary of Education 
shall submit a preliminary report to the Committee 
on Education and the Workforce and the Committee 
on Natural Resources of the House of Representa-
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tives and the Committee on Health, Education, 
Labor, and Pensions and the Committee on Indian 
Affairs of the Senate on the status of the implemen-
tation of the demonstration projects authorized 
under this section. 
‘‘(2) FINAL REPORT.—Not later than 5 years 
after the date of enactment of the Student Success 
Act of 2013, the Secretary of Education shall sub-
mit a report to the Committee on Education and the 
Workforce and the Committee on Natural Resources 
of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions and the 
Committee on Indian Affairs of the Senate on the 
results of the implementation of the demonstration 
projects authorized under this section. Such report 
shall identify statutory barriers to the ability of par-
ticipants to integrate more effectively their education 
and related services to Indian students in a manner 
consistent with the objectives of this section. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
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‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 6117. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this subpart, 
each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that 
sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this sub-
part, and that otherwise meets the requirements of sub-
section (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of 
Indians (as defined in section 6151) with re-
spect to which the child claims membership; 
‘‘(ii) the enrollment or membership number 
establishing the membership of the child (if 
readily available); and 
‘‘(iii) the name and address of the organi-
zation that maintains updated and accurate 
membership data for such tribe or band of Indi-
ans; or 
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‘‘(B) the name, the enrollment or member-
ship number (if readily available), and the name 
and address of the organization responsible for 
maintaining updated and accurate membership 
data, of any parent or grandparent of the child 
from whom the child claims eligibility under 
this subpart, if the child is not a member of the 
tribe or band of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band 
of Indians (as so defined), with respect to which the 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or 
legal guardian of the child; 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied; and 
‘‘(5) any other information that the Secretary 
considers necessary to provide an accurate program 
profile. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect a definition contained 
in section 6151. 
‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 
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‘‘(1) TYPES OF PROOF.—For purposes of deter-
mining whether a child is eligible to be counted for 
the purpose of computing the amount of a grant 
award under section 6113, the membership of the 
child, or any parent or grandparent of the child, in 
a tribe or band of Indians (as so defined) may be 
established by proof other than an enrollment num-
ber, notwithstanding the availability of an enroll-
ment number for a member of such tribe or band. 
Nothing in subsection (b) shall be construed to re-
quire the furnishing of an enrollment number. 
‘‘(2) NO
NEW
OR
DUPLICATIVE
DETERMINA-
TIONS.—Once a child is determined to be an Indian 
eligible to be counted for such grant award, the local 
education agency shall maintain a record of such de-
termination and shall not require a new or duplicate 
determination to be made for such child for a subse-
quent application for a grant under this subpart. 
‘‘(3) PREVIOUSLY
FILED
FORMS.—An Indian 
student eligibility form that was on file as required 
by this section on the day before the date of enact-
ment of the Student Success Act of 2013 and that 
met the requirements of this section, as this section 
was in effect on the day before the date of enact-
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ment of such Act, shall remain valid for such Indian 
student. 
‘‘(e) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is nec-
essary to carry out the responsibility of the Sec-
retary to provide technical assistance under this 
subpart, the Secretary shall conduct a moni-
toring and evaluation review of a sampling of 
the recipients of grants under this subpart. The 
sampling conducted under this subparagraph 
shall take into account the size of and the geo-
graphic location of each local educational agen-
cy. 
‘‘(B) EXCEPTION.—A local educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason 
of the findings of an audit that relates to the 
date of completion, or the date of submission, 
of any forms used to establish, before April 28, 
1988, the eligibility of a child for an entitle-
ment under the Indian Elementary and Sec-
ondary School Assistance Act. 
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‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this subpart shall— 
‘‘(A) be ineligible to apply for any other 
grant under this subpart; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED
CHILDREN.—A student who 
provides false information for the form required 
under subsection (a) shall not be counted for the 
purpose of computing the amount of a grant under 
section 6113. 
‘‘(f) TRIBAL GRANT
AND CONTRACT SCHOOLS.— 
Notwithstanding any other provision of this section, in cal-
culating the amount of a grant under this subpart to a 
tribal school that receives a grant or contract from the 
Bureau of Indian Education, the Secretary shall use only 
one of the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for 
whom the school has eligibility forms that comply 
with this section. 
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‘‘(g) TIMING OF CHILD COUNTS.—For purposes of 
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this subpart (other than in the case described in 
subsection (f)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs 
before the deadline established by the Secretary for 
submitting an application under section 6114; and 
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a 
school of the agency on that date or during that pe-
riod, as the case may be. 
‘‘SEC. 6118. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this subpart the amount determined under 
section 6113. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later 
than June 1 of the year for which the Secretary makes 
the payment. 
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this 
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subpart to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the 
amount of the State aid, with respect to the free public 
education of children during such fiscal year or the pre-
ceding fiscal year. 
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO 
MAINTAIN FISCAL EFFORT.— 
‘‘(1) IN GENERAL.—The Secretary may not pay 
a local educational agency the full amount of a grant 
award determined under section 6113 for any fiscal 
year unless the State educational agency notifies the 
Secretary, and the Secretary determines, that with 
respect to the provision of free public education by 
the local educational agency for the preceding fiscal 
year, the combined fiscal effort of the local edu-
cational agency and the State, computed on either a 
per student or aggregate expenditure basis, was not 
less than 90 percent of the amount of the combined 
fiscal effort, computed on the same basis, for the 
second preceding fiscal year. 
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for 
the preceding fiscal year, the Secretary determines 
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that a local educational agency and State failed to 
maintain the combined fiscal effort for such agency 
at the level specified in paragraph (1), the Secretary 
shall— 
‘‘(A) reduce the amount of the grant that 
would otherwise be made to such agency under 
this subpart in the exact proportion of the fail-
ure to maintain the fiscal effort at such level; 
and 
‘‘(B) not use the reduced amount of the 
agency and State expenditures for the pre-
ceding year to determine compliance with para-
graph (1) for any succeeding fiscal year, but 
shall use the amount of expenditures that would 
have been required to comply with paragraph 
(1). 
‘‘(3) WAIVER.— 
‘‘(A) IN
GENERAL.—The Secretary may 
waive the requirement of paragraph (1) for a 
local educational agency, for not more than 1 
year at a time, if the Secretary determines that 
the failure to comply with such requirement is 
due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a pre-
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cipitous and unforeseen decline in the agency’s 
financial resources. 
‘‘(B) 
FUTURE
DETERMINATIONS.—The 
Secretary shall not use the reduced amount of 
the agency’s expenditures for the fiscal year 
preceding the fiscal year for which a waiver is 
granted to determine compliance with para-
graph (1) for any succeeding fiscal year, but 
shall use the amount of expenditures that would 
have been required to comply with paragraph 
(1) in the absence of the waiver. 
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best 
carry out the purpose of this subpart, any amounts that— 
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this subpart; or 
‘‘(2) otherwise become available for reallocation 
under this subpart. 
‘‘SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 6114, a local educational agency shall sub-
mit the application to the State educational agency, which 
may comment on such application. If the State educational 
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agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments 
to the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO 
IMPROVE EDUCATIONAL OPPORTUNITIES
FOR IN-
DIAN CHILDREN AND YOUTH 
‘‘SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IM-
PROVE EDUCATIONAL OPPORTUNITIES FOR 
INDIAN CHILDREN AND YOUTH. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this 
section to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs 
to improve educational opportunities and achieve-
ment of Indian children and youth. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this subpart with— 
‘‘(A) other programs funded under this 
Act; and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children and youth. 
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‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), Alaska Native Organiza-
tion, or a consortium of such entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants to eligible entities to enable such entities to 
carry out activities that meet the purpose of this 
section, including— 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvan-
taged children and youth; 
‘‘(B) educational services that are not 
available to such children and youth in suffi-
cient quantity or quality, including remedial in-
struction, to raise the achievement of Indian 
and Alaska Native children in one or more of 
the core academic subjects of English, mathe-
matics, science, foreign languages, art, history, 
and geography; 
‘‘(C) bilingual and bicultural programs and 
projects; 
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