327 
vide per pupil facilities aid programs, oper-
ations financing programs, or other programs, 
for charter schools. 
‘‘(4) REQUIREMENTS.— 
‘‘(A) 
VOLUNTARY
PARTICIPATION.—No 
State may be required to participate in a pro-
gram carried out under this subsection. 
‘‘(B) STATE LAW.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), to be eligible to receive 
a grant under this subsection, a State shall 
establish or enhance, and administer, a 
per-pupil facilities aid program for charter 
schools in the State, that— 
‘‘(I) is specified in State law; and 
‘‘(II) provides annual financing, 
on a per-pupil basis, for charter 
school facilities. 
‘‘(ii) 
SPECIAL
RULE.—Notwith-
standing clause (i), a State that is required 
under State law to provide its charter 
schools with access to adequate facility 
space, but which does not have a per-pupil 
facilities aid program for charter schools 
specified in State law, may be eligible to 
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receive a grant under this subsection if the 
State agrees to use the funds to develop a 
per-pupil facilities aid program consistent 
with the requirements of this subsection. 
‘‘(5) APPLICATIONS.—To be eligible to receive a 
grant under this subsection, a State shall submit an 
application to the Secretary at such time, in such 
manner, and containing such information as the Sec-
retary may require. 
‘‘SEC. 3105. NATIONAL ACTIVITIES. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3102(b)(2), the Secretary shall— 
‘‘(1) use not less than 50 percent of such funds 
to award grants in accordance with subsection (b); 
and 
‘‘(2) use the remainder of such funds to— 
‘‘(A) disseminate technical assistance to 
State entities in awarding subgrants under sec-
tion 3103, and eligible entities and States re-
ceiving grants under section 3104; 
‘‘(B) disseminate best practices; and 
‘‘(C) evaluate the impact of the charter 
school program, including the impact on stu-
dent achievement, carried out under this sub-
part. 
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‘‘(b) GRANTS.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
grants, on a competitive basis, to eligible applicants 
for the purpose of carrying out the activities de-
scribed in section 3102(a)(1), subparagraphs (A) 
through (C) of section 3103(a)(1), and section 
3103(g). 
‘‘(2) TERMS AND CONDITIONS.—Except as oth-
erwise provided in this subsection, grants awarded 
under this subsection shall have the same terms and 
conditions as grants awarded to State entities under 
section 3103. 
‘‘(3) ELIGIBLE APPLICANT DEFINED.—For pur-
poses of this subsection, the term ‘eligible applicant’ 
means an eligible applicant that desires to open a 
charter school in— 
‘‘(A) a State that did not apply for a grant 
under section 3103; 
‘‘(B) a State that did not receive a grant 
under section 3103; or 
‘‘(C) a State that received a grant under 
section 3103 and is in the 4th or 5th year of 
the grant period for such grant. 
‘‘(c) CONTRACTS AND GRANTS.—The Secretary may 
carry out any of the activities described in this section di-
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rectly or through grants, contracts, or cooperative agree-
ments. 
‘‘SEC. 3106. FEDERAL FORMULA ALLOCATION DURING 
FIRST YEAR AND FOR SUCCESSIVE ENROLL-
MENT EXPANSIONS. 
‘‘(a) IN GENERAL.—For purposes of the allocation 
to schools by the States or their agencies of funds under 
part A of title I, and any other Federal funds which the 
Secretary allocates to States on a formula basis, the Sec-
retary and each State educational agency shall take such 
measures as are necessary to ensure that every charter 
school receives the Federal funding for which the charter 
school is eligible not later than 5 months after the charter 
school first opens, notwithstanding the fact that the iden-
tity and characteristics of the students enrolling in that 
charter school are not fully and completely determined 
until that charter school actually opens. The measures 
similarly shall ensure that every charter school expanding 
its enrollment in any subsequent year of operation receives 
the Federal funding for which the charter school is eligible 
not later than 5 months after such expansion. 
‘‘(b) ADJUSTMENT AND LATE OPENINGS.— 
‘‘(1) IN GENERAL.—The measures described in 
subsection (a) shall include provision for appropriate 
adjustments, through recovery of funds or reduction 
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of payments for the succeeding year, in cases where 
payments made to a charter school on the basis of 
estimated or projected enrollment data exceed the 
amounts that the school is eligible to receive on the 
basis of actual or final enrollment data. 
‘‘(2) RULE.—For charter schools that first 
open after November 1 of any academic year, the 
State, in accordance with guidance provided by the 
Secretary and applicable Federal statutes and regu-
lations, shall ensure that such charter schools that 
are eligible for the funds described in subsection (a) 
for such academic year have a full and fair oppor-
tunity to receive those funds during the charter 
schools’ first year of operation. 
‘‘SEC. 3107. SOLICITATION OF INPUT FROM CHARTER 
SCHOOL OPERATORS. 
‘‘To the extent practicable, the Secretary shall ensure 
that administrators, teachers, and other individuals di-
rectly involved in the operation of charter schools are con-
sulted in the development of any rules or regulations re-
quired to implement this subpart, as well as in the devel-
opment of any rules or regulations relevant to charter 
schools that are required to implement part A of title I, 
the Individuals with Disabilities Education Act, or any 
other program administered by the Secretary that provides 
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education funds to charter schools or regulates the activi-
ties of charter schools. 
‘‘SEC. 3108. RECORDS TRANSFER. 
‘‘State educational agencies and local educational 
agencies, as quickly as possible and to the extent prac-
ticable, shall ensure that a student’s records and, if appli-
cable, a student’s individualized education program as de-
fined in section 602(14) of the Individuals with Disabil-
ities Education Act, are transferred to a charter school 
upon the transfer of the student to the charter school, and 
to another public school upon the transfer of the student 
from a charter school to another public school, in accord-
ance with applicable State law. 
‘‘SEC. 3109. PAPERWORK REDUCTION. 
‘‘To the extent practicable, the Secretary and each 
authorized public chartering agency shall ensure that im-
plementation of this subpart results in a minimum of pa-
perwork for any eligible applicant or charter school. 
‘‘SEC. 3110. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) DEVELOPER.—The term ‘developer’ means 
an individual or group of individuals (including a 
public or private nonprofit organization), which may 
include teachers, administrators and other school 
staff, parents, or other members of the local commu-
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nity in which a charter school project will be carried 
out. 
‘‘(2) ELIGIBLE APPLICANT.—The term ‘eligible 
applicant’ means a developer that has— 
‘‘(A) applied to an authorized public char-
tering authority to operate a charter school; 
and 
‘‘(B) provided adequate and timely notice 
to that authority. 
‘‘(3) AUTHORIZED PUBLIC CHARTERING AGEN-
CY.—The term ‘authorized public chartering agency’ 
means a State educational agency, local educational 
agency, or other public entity that has the authority 
pursuant to State law and approved by the Sec-
retary to authorize or approve a charter school. 
‘‘(4) EXPANSION OF A HIGH-QUALITY CHARTER 
SCHOOL.—The term ‘expansion of a high-quality 
charter school’ means to significantly increase the 
enrollment of, or add one or more grades to, a high- 
quality charter school. 
‘‘(5) HIGH-QUALITY
CHARTER
SCHOOL.—The 
term ‘high-quality charter school’ means a charter 
school that— 
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‘‘(A) shows evidence of strong academic re-
sults, which may include strong academic 
growth as determined by a State; 
‘‘(B) has no significant issues in the areas 
of student safety, financial management, or 
statutory or regulatory compliance; 
‘‘(C) has demonstrated success in signifi-
cantly increasing student academic achievement 
and attainment for all students served by the 
charter school; and 
‘‘(D) has demonstrated success in increas-
ing student academic achievement for the 
groups 
of 
students 
described 
in 
section 
1111(b)(3)(B)(ii)(II), except that such dem-
onstration is not required in a case in which the 
number of students in a group is insufficient to 
yield statistically reliable information or the re-
sults would reveal personally identifiable infor-
mation about an individual student. 
‘‘(6) REPLICABLE, 
HIGH-QUALITY
CHARTER 
SCHOOL MODEL.—The term ‘replicable, high-quality 
charter school model’ means a high-quality charter 
school that has the capability of opening another 
such charter school under an existing charter. 
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‘‘Subpart 2—Magnet School Assistance 
‘‘SEC. 3121. PURPOSE. 
‘‘The purpose of this subpart is to assist in the deseg-
regation of schools served by local educational agencies by 
providing financial assistance to eligible local educational 
agencies for— 
‘‘(1) the elimination, reduction, or prevention of 
minority group isolation in elementary schools and 
secondary schools with substantial proportions of mi-
nority students, which shall include assisting in the 
efforts of the United States to achieve voluntary de-
segregation in public schools; 
‘‘(2) the development and implementation of 
magnet school programs that will assist local edu-
cational agencies in achieving systemic reforms and 
providing all students the opportunity to meet State 
academic standards; 
‘‘(3) the development and design of innovative 
educational methods and practices that promote di-
versity and increase choices in public elementary 
schools and public secondary schools and public edu-
cational programs; 
‘‘(4) courses of instruction within magnet 
schools that will substantially strengthen the knowl-
edge of academic subjects and the attainment of tan-
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gible and marketable career, technical, and profes-
sional skills of students attending such schools; 
‘‘(5) improving the ability of local educational 
agencies, including through professional develop-
ment, to continue operating magnet schools at a 
high performance level after Federal funding for the 
magnet schools is terminated; and 
‘‘(6) ensuring that students enrolled in the 
magnet school programs have equitable access to a 
quality education that will enable the students to 
succeed academically and continue with postsec-
ondary education or employment. 
‘‘SEC. 3122. DEFINITION. 
‘‘For the purpose of this subpart, the term ‘magnet 
school’ means a public elementary school, public secondary 
school, public elementary education center, or public sec-
ondary education center that offers a special curriculum 
capable of attracting substantial numbers of students of 
different racial backgrounds. 
‘‘SEC. 3123. PROGRAM AUTHORIZED. 
‘‘From the amount appropriated under section 
3(c)(1)(B), the Secretary, in accordance with this subpart, 
is authorized to award grants to eligible local educational 
agencies, and consortia of such agencies where appro-
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priate, to carry out the purpose of this subpart for magnet 
schools that are— 
‘‘(1) part of an approved desegregation plan; 
and 
‘‘(2) designed to bring students from different 
social, economic, ethnic, and racial backgrounds to-
gether. 
‘‘SEC. 3124. ELIGIBILITY. 
‘‘A local educational agency, or consortium of such 
agencies where appropriate, is eligible to receive a grant 
under this subpart to carry out the purpose of this subpart 
if such agency or consortium— 
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United 
States, or a court of any State, or any other State 
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-seg-
regated children or faculty in the elementary schools 
and secondary schools of such agency; or 
‘‘(2) without having been required to do so, has 
adopted and is implementing, or will, if a grant is 
awarded to such local educational agency, or consor-
tium of such agencies, under this subpart, adopt and 
implement a plan that has been approved by the 
Secretary as adequate under title VI of the Civil 
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Rights Act of 1964 for the desegregation of minor-
ity-group-segregated children or faculty in such 
schools. 
‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 
‘‘(a) APPLICATIONS.—An eligible local educational 
agency, or consortium of such agencies, desiring to receive 
a grant under this subpart shall submit an application to 
the Secretary at such time and in such manner as the 
Secretary may reasonably require. 
‘‘(b) INFORMATION AND ASSURANCES.—Each appli-
cation submitted under subsection (a) shall include— 
‘‘(1) a description of— 
‘‘(A) how a grant awarded under this sub-
part will be used to promote desegregation, in-
cluding how the proposed magnet school pro-
grams will increase interaction among students 
of different social, economic, ethnic, and racial 
backgrounds; 
‘‘(B) the manner and extent to which the 
magnet school program will increase student 
academic achievement in the instructional area 
or areas offered by the school; 
‘‘(C) how the applicant will continue the 
magnet school program after assistance under 
this subpart is no longer available, and, if appli-
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cable, an explanation of why magnet schools es-
tablished or supported by the applicant with 
grant funds under this subpart cannot be con-
tinued without the use of grant funds under 
this subpart; 
‘‘(D) how grant funds under this subpart 
will be used— 
‘‘(i) to improve student academic 
achievement for all students attending the 
magnet school programs; and 
‘‘(ii) to implement services and activi-
ties that are consistent with other pro-
grams under this Act, and other Acts, as 
appropriate; and 
‘‘(E) the criteria to be used in selecting 
students to attend the proposed magnet school 
program; and 
‘‘(2) assurances that the applicant will— 
‘‘(A) use grant funds under this subpart 
for the purposes specified in section 3121; 
‘‘(B) employ effective teachers in the 
courses of instruction assisted under this sub-
part; 
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‘‘(C) not engage in discrimination based on 
race, religion, color, national origin, sex, or dis-
ability in— 
‘‘(i) the hiring, promotion, or assign-
ment of employees of the applicant or 
other personnel for whom the applicant has 
any administrative responsibility; 
‘‘(ii) the assignment of students to 
schools, or to courses of instruction within 
the schools, of such applicant, except to 
carry out the approved plan; and 
‘‘(iii) designing or operating extra-
curricular activities for students; 
‘‘(D) carry out a quality education pro-
gram that will encourage greater parental deci-
sionmaking and involvement; and 
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school 
program equitable consideration for placement 
in the program, consistent with desegregation 
guidelines and the capacity of the applicant to 
accommodate the students. 
‘‘(c) SPECIAL RULE.—No grant shall be awarded 
under this subpart unless the Assistant Secretary of Edu-
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cation for Civil Rights determines that the assurances de-
scribed in subsection (b)(2)(C) will be met. 
‘‘SEC. 3126. PRIORITY. 
‘‘In awarding grants under this subpart, the Sec-
retary shall give priority to applicants that— 
‘‘(1) demonstrate the greatest need for assist-
ance, based on the expense or difficulty of effectively 
carrying out approved desegregation plans and the 
magnet school program for which the grant is 
sought; 
‘‘(2) propose to carry out new magnet school 
programs, or significantly revise existing magnet 
school programs; 
‘‘(3) propose to select students to attend mag-
net school programs by methods such as lottery, 
rather than through academic examination; and 
‘‘(4) propose to serve the entire student popu-
lation of a school. 
‘‘SEC. 3127. USE OF FUNDS. 
‘‘(a) IN GENERAL.—Grant funds made available 
under this subpart may be used by an eligible local edu-
cational agency, or consortium of such agencies— 
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
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tinuation, or enhancement of academic programs 
and services offered at magnet schools; 
‘‘(2) for the acquisition of books, materials, and 
equipment, including computers and the mainte-
nance and operation of materials, equipment, and 
computers, necessary to conduct programs in mag-
net schools; 
‘‘(3) for the compensation, or subsidization of 
the compensation, of elementary school and sec-
ondary school teachers, and instructional staff where 
applicable, who are necessary to conduct programs 
in magnet schools; 
‘‘(4) with respect to a magnet school program 
offered to less than the entire student population of 
a school, for instructional activities that— 
‘‘(A) are designed to make available the 
special curriculum that is offered by the magnet 
school program to students who are enrolled in 
the school but who are not enrolled in the mag-
net school program; and 
‘‘(B) further the purpose of this subpart; 
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the 
grant period has ended; 
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‘‘(6) to enable the local educational agency, or 
consortium of such agencies, to have more flexibility 
in the administration of a magnet school program in 
order to serve students attending a school who are 
not enrolled in a magnet school program; and 
‘‘(7) to enable the local educational agency, or 
consortium of such agencies, to have flexibility in de-
signing magnet schools for students in all grades. 
‘‘(b) SPECIAL RULE.—Grant funds under this sub-
part may be used for activities described in paragraphs 
(2) and (3) of subsection (a) only if the activities are di-
rectly related to improving student academic achievement 
based on the State’s academic standards or directly re-
lated to improving student reading skills or knowledge of 
mathematics, science, history, geography, English, foreign 
languages, art, or music, or to improving career, technical, 
and professional skills. 
‘‘SEC. 3128. LIMITATIONS. 
‘‘(a) DURATION OF AWARDS.—A grant under this 
subpart shall be awarded for a period that shall not exceed 
3 fiscal years. 
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local 
educational agency, or consortium of such agencies, may 
expend for planning (professional development shall not 
be considered to be planning for purposes of this sub-
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section) not more than 50 percent of the grant funds re-
ceived under this subpart for the first year of the program 
and not more than 15 percent of such funds for each of 
the second and third such years. 
‘‘(c) AMOUNT.—No local educational agency, or con-
sortium of such agencies, awarded a grant under this sub-
part shall receive more than $4,000,000 under this sub-
part for any 1 fiscal year. 
‘‘(d) TIMING.—To the extent practicable, the Sec-
retary shall award grants for any fiscal year under this 
subpart not later than July 1 of the applicable fiscal year. 
‘‘SEC. 3129. EVALUATIONS. 
‘‘(a) RESERVATION.—The Secretary may reserve not 
more than 2 percent of the funds appropriated under sec-
tion 3(c)(1)(B) for any fiscal year to carry out evaluations, 
provide technical assistance, and carry out dissemination 
projects with respect to magnet school programs assisted 
under this subpart. 
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address— 
‘‘(1) how and the extent to which magnet school 
programs lead to educational quality and academic 
improvement; 
‘‘(2) the extent to which magnet school pro-
grams enhance student access to a quality education; 
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‘‘(3) the extent to which magnet school pro-
grams lead to the elimination, reduction, or preven-
tion of minority group isolation in elementary 
schools and secondary schools with substantial pro-
portions of minority students; and 
‘‘(4) the extent to which magnet school pro-
grams differ from other school programs in terms of 
the organizational characteristics and resource allo-
cations of such magnet school programs. 
‘‘(c) DISSEMINATION.—The Secretary shall collect 
and disseminate to the general public information on suc-
cessful magnet school programs. 
‘‘SEC. 3130. RESERVATION. 
‘‘In any fiscal year for which the amount appro-
priated under section 3(c)(1)(B) exceeds $75,000,000, the 
Secretary shall give priority in using such amounts in ex-
cess of $75,000,000 to awarding grants to local edu-
cational agencies or consortia of such agencies that did 
not receive a grant under this subpart in the preceding 
fiscal year. 
‘‘Subpart 3—Family Engagement in Education 
Programs 
‘‘SEC. 3141. PURPOSES. 
‘‘The purposes of this subpart are the following: 
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‘‘(1) To provide financial support to organiza-
tions to provide technical assistance and training to 
State and local educational agencies in the imple-
mentation and enhancement of systemic and effec-
tive family engagement policies, programs, and ac-
tivities that lead to improvements in student devel-
opment and academic achievement. 
‘‘(2) To assist State educational agencies, local 
educational agencies, community-based organiza-
tions, schools, and educators in strengthening part-
nerships among parents, teachers, school leaders, ad-
ministrators, and other school personnel in meeting 
the educational needs of children and fostering 
greater parental engagement. 
‘‘(3) To support State educational agencies, 
local educational agencies, schools, educators, and 
parents in developing and strengthening the relation-
ship between parents and their children’s school in 
order to further the developmental progress of chil-
dren. 
‘‘(4) To coordinate activities funded under this 
subpart with parent involvement initiatives funded 
under section 1118 and other provisions of this Act. 
‘‘(5) To assist the Secretary, State educational 
agencies, and local educational agencies in the co-
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ordination and integration of Federal, State, and 
local services and programs to engage families in 
education. 
‘‘SEC. 3142. GRANTS AUTHORIZED. 
‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 
From the amount appropriated under section 3(c)(1)(C), 
the Secretary is authorized to award grants for each fiscal 
year to statewide organizations (or consortia of such orga-
nizations), to establish Statewide Family Engagement 
Centers that provide comprehensive training and technical 
assistance to State educational agencies, local educational 
agencies, schools identified by State educational agencies 
and local educational agencies, organizations that support 
family-school partnerships, and other organizations that 
carry out, or carry out directly, parent education and fam-
ily engagement in education programs. 
‘‘(b) MINIMUM AWARD.—In awarding grants under 
this section, the Secretary shall, to the extent practicable, 
ensure that a grant is awarded for a Statewide Family 
Engagement Center in an amount not less than $500,000. 
‘‘SEC. 3143. APPLICATIONS. 
‘‘(a) SUBMISSIONS.—Each statewide organization, or 
a consortium of such organizations, that desires a grant 
under this subpart shall submit an application to the Sec-
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retary at such time, in such manner, and including the 
information described in subsection (b). 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include, at a minimum, the following: 
‘‘(1) A description of the applicant’s approach 
to family engagement in education. 
‘‘(2) A description of the support that the 
Statewide Family Engagement Center that will be 
operated by the applicant will have from the State 
educational agency and any partner organization 
outlining the commitment to work with the center. 
‘‘(3) A description of the applicant’s plan for 
building a statewide infrastructure for family en-
gagement in education, that includes— 
‘‘(A) management and governance; 
‘‘(B) statewide leadership; or 
‘‘(C) systemic services for family engage-
ment in education. 
‘‘(4) A description of the applicant’s dem-
onstrated experience in providing training, informa-
tion, and support to State educational agencies, local 
educational agencies, schools, educators, parents, 
and organizations on family engagement in edu-
cation policies and practices that are effective for 
parents (including low-income parents) and families, 
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English learners, minorities, parents of students 
with disabilities, parents of homeless students, foster 
parents and students, and parents of migratory stu-
dents, including evaluation results, reporting, or 
other data exhibiting such demonstrated experience. 
‘‘(5) An assurance that the applicant will— 
‘‘(A) establish a special advisory com-
mittee, the membership of which includes— 
‘‘(i) parents, who shall constitute a 
majority of the members of the special ad-
visory committee; 
‘‘(ii) representatives of education pro-
fessionals with expertise in improving serv-
ices for disadvantaged children; 
‘‘(iii) representatives of local elemen-
tary schools and secondary schools, includ-
ing students; 
‘‘(iv) representatives of the business 
community; and 
‘‘(v) representatives of State edu-
cational agencies and local educational 
agencies; 
‘‘(B) use not less than 65 percent of the 
funds received under this subpart in each fiscal 
year to serve local educational agencies, schools, 
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and community-based organizations that serve 
high concentrations of disadvantaged students, 
including English learners, minorities, parents 
of students with disabilities, parents of home-
less students, foster parents and students, and 
parents of migratory students; 
‘‘(C) operate a Statewide Family Engage-
ment Center of sufficient size, scope, and qual-
ity to ensure that the Center is adequate to 
serve the State educational agency, local edu-
cational agencies, and community-based organi-
zations; 
‘‘(D) ensure that the Center will retain 
staff with the requisite training and experience 
to serve parents in the State; 
‘‘(E) serve urban, suburban, and rural 
local educational agencies and schools; 
‘‘(F) work with— 
‘‘(i) other Statewide Family Engage-
ment Centers assisted under this subpart; 
and 
‘‘(ii) parent training and information 
centers and community parent resource 
centers assisted under sections 671 and 
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672 of the Individuals with Disabilities 
Education Act; 
‘‘(G) use not less than 30 percent of the 
funds received under this subpart for each fiscal 
year to establish or expand technical assistance 
for evidence-based parent education programs; 
‘‘(H) provide assistance to State edu-
cational agencies and local educational agencies 
and community-based organizations that sup-
port family members in supporting student aca-
demic achievement; 
‘‘(I) work with State educational agencies, 
local educational agencies, schools, educators, 
and parents to determine parental needs and 
the best means for delivery of services to ad-
dress such needs; and 
‘‘(J) conduct sufficient outreach to assist 
parents, including parents who the applicant 
may have a difficult time engaging with a 
school or local educational agency. 
‘‘SEC. 3144. USES OF FUNDS. 
‘‘(a) IN GENERAL.—Grantees shall use grant funds 
received under this subpart, based on the needs deter-
mined under section 3143(b)(5)(I), to provide training 
and technical assistance to State educational agencies, 
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local educational agencies, and organizations that support 
family-school partnerships, and activities, services, and 
training for local educational agencies, school leaders, edu-
cators, and parents— 
‘‘(1) to assist parents in participating effectively 
in their children’s education and to help their chil-
dren meet State standards, such as assisting par-
ents— 
‘‘(A) to engage in activities that will im-
prove student academic achievement, including 
understanding how they can support learning in 
the classroom with activities at home and in 
afterschool and extracurricular programs; 
‘‘(B) to communicate effectively with their 
children, teachers, school leaders, counselors, 
administrators, and other school personnel; 
‘‘(C) to become active participants in the 
development, implementation, and review of 
school-parent compacts, family engagement in 
education policies, and school planning and im-
provement; 
‘‘(D) to participate in the design and pro-
vision of assistance to students who are not 
making academic progress; 
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‘‘(E) to participate in State and local deci-
sionmaking; 
‘‘(F) to train other parents; and 
‘‘(G) to help the parents learn and use 
technology applied in their children’s education; 
‘‘(2) to develop and implement, in partnership 
with the State educational agency, statewide family 
engagement in education policy and systemic initia-
tives that will provide for a continuum of services to 
remove barriers for family engagement in education 
and support school reform efforts; and 
‘‘(3) to develop and implement parental involve-
ment policies under this Act. 
‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 
For each fiscal year after the first fiscal year for which 
an organization or consortium receives assistance under 
this section, the organization or consortium shall dem-
onstrate in the application that a portion of the services 
provided by the organization or consortium is supported 
through non-Federal contributions, which may be in cash 
or in-kind. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 
reserve not more than 2 percent of the funds appropriated 
under section 3(c)(1)(C) to carry out this subpart to pro-
vide technical assistance, by competitive grant or contract, 
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for the establishment, development, and coordination of 
Statewide Family Engagement Centers. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a Statewide Family En-
gagement Center from— 
‘‘(1) having its employees or agents meet with 
a parent at a site that is not on school grounds; or 
‘‘(2) working with another agency that serves 
children. 
‘‘(e) PARENTAL
RIGHTS.—Notwithstanding any 
other provision of this section— 
‘‘(1) no person (including a parent who edu-
cates a child at home, a public school parent, or a 
private school parent) shall be required to partici-
pate in any program of parent education or develop-
mental screening under this section; and 
‘‘(2) no program or center assisted under this 
section shall take any action that infringes in any 
manner on the right of a parent to direct the edu-
cation of their children. 
‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 
‘‘The Secretary of the Interior, in consultation with 
the Secretary of Education, shall establish, or enter into 
contracts and cooperative agreements with local Indian 
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nonprofit parent organizations to establish and operate 
Family Engagement Centers. 
‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 
‘‘SEC. 3201. PURPOSE. 
‘‘The purpose of this part is to— 
‘‘(1) provide local educational agencies with the 
opportunity to access funds to support the initiatives 
important to their schools and students to improve 
academic achievement, including protecting student 
safety; and 
‘‘(2) provide nonprofit and for-profit entities 
the opportunity to work with students to improve 
academic achievement, including student safety. 
‘‘SEC. 3202. ALLOTMENTS TO STATES. 
‘‘(a) RESERVATIONS.—From the funds appropriated 
under section 3(c)(2) for any fiscal year, the Secretary 
shall reserve— 
‘‘(1) not more than one-half of 1 percent for 
national activities to provide technical assistance to 
eligible entities in carrying out programs under this 
part; and 
‘‘(2) not more than one-half of 1 percent for 
payments to the outlying areas and the Bureau of 
Indian Education, to be allotted in accordance with 
their respective needs for assistance under this part, 
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as determined by the Secretary, to enable the out-
lying areas and the Bureau to carry out the purpose 
of this part. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) DETERMINATION.—From the funds appro-
priated under section 3(c)(2) for any fiscal year and 
remaining after the Secretary makes reservations 
under subsection (a), the Secretary shall allot to 
each State for the fiscal year an amount that bears 
the same relationship to the remainder as the 
amount the State received under chapter B of sub-
part 1 of part A of title I for the preceding fiscal 
year bears to the amount all States received under 
that chapter for the preceding fiscal year, except 
that no State shall receive less than an amount 
equal to one-half of 1 percent of the total amount 
made available to all States under this subsection. 
‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 
State does not receive an allotment under this part 
for a fiscal year, the Secretary shall reallot the 
amount of the State’s allotment to the remaining 
States in accordance with this section. 
‘‘(c) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this part shall reserve not less than 
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75 percent of the amount allotted to the State under 
subsection (b) for each fiscal year for awards to eli-
gible entities under section 3204. 
‘‘(2) AWARDS
TO
NONGOVERNMENTAL
ENTI-
TIES
TO
IMPROVE
STUDENT
ACADEMIC
ACHIEVE-
MENT.—Each State that receives an allotment under 
subsection (b) for each fiscal year shall reserve not 
less than 10 percent of the amount allotted to the 
State for awards to nongovernmental entities under 
section 3205. 
‘‘(3) STATE ACTIVITIES AND STATE ADMINIS-
TRATION.—A State educational agency may reserve 
not more than 15 percent of the amount allotted to 
the State under subsection (b) for each fiscal year 
for the following: 
‘‘(A) Enabling the State educational agen-
cy— 
‘‘(i) to pay the costs of developing the 
State assessments and standards required 
under section 1111(b), which may include 
the costs of working, at the sole discretion 
of the State, in voluntary partnerships 
with other States to develop such assess-
ments and standards; or 
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‘‘(ii) if the State has developed the as-
sessments and standards required under 
section 1111(b), to administer those as-
sessments or carry out other activities re-
lated to ensuring that the State’s schools 
and local educational agencies are helping 
students meet the State’s academic stand-
ards under such section. 
‘‘(B) The administrative costs of carrying 
out its responsibilities under this part, except 
that not more than 5 percent of the reserved 
amount may be used for this purpose. 
‘‘(C) Monitoring and evaluation of pro-
grams and activities assisted under this part. 
‘‘(D) Providing training and technical as-
sistance under this part. 
‘‘(E) Statewide academic focused pro-
grams. 
‘‘(F) Sharing evidence-based and other ef-
fective strategies with eligible entities. 
‘‘SEC. 3203. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 3202 for any fiscal year, a State shall sub-
mit to the Secretary, at such time as the Secretary may 
require, an application that— 
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‘‘(1) designates the State educational agency as 
the agency responsible for the administration and 
supervision of programs assisted under this part; 
‘‘(2) describes how the State educational agency 
will use funds reserved for State-level activities, in-
cluding how, if any, of the funds will be used to sup-
port student safety; 
‘‘(3) describes the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding funds to eligible entities on a 
competitive basis, which shall include reviewing how 
the proposed project will help increase student aca-
demic achievement; 
‘‘(4) describes how the State educational agency 
will ensure that awards made under this part are— 
‘‘(A) of sufficient size and scope to support 
high-quality, effective programs that are con-
sistent with the purpose of this part; and 
‘‘(B) in amounts that are consistent with 
section 3204(f); 
‘‘(5) describes the steps the State educational 
agency will take to ensure that programs implement 
effective strategies, including providing ongoing 
technical assistance and training, and dissemination 
of evidence-based and other effective strategies; 
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‘‘(6) describes how the State educational agency 
will consider students across all grades when making 
these awards; 
‘‘(7) an assurance that, other than providing 
technical and advisory assistance and monitoring 
compliance with this part, the State educational 
agency has not exercised and will not exercise any 
influence in the decisionmaking process of eligible 
entities as to the expenditure of funds received by 
the eligible entities under this part; 
‘‘(8) describes how programs under this part 
will be coordinated with programs under this Act, 
and other programs as appropriate; 
‘‘(9) contains an assurance that the State edu-
cational agency— 
‘‘(A) will make awards for programs for a 
period of not more than 5 years; and 
‘‘(B) will require each eligible entity seek-
ing such an award to submit a plan describing 
how the project to be funded through the award 
will continue after funding under this part 
ends, if applicable; and 
‘‘(10) contains an assurance that funds appro-
priated to carry out this part will be used to supple-
ment, and not supplant, State and local public funds 
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expended to provide programs and activities author-
ized under this part and other similar programs. 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency pursuant to subsection (a) 
shall be deemed to be approved by the Secretary unless 
the Secretary makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the ap-
plication is not in compliance with this part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance, and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
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‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If the State educational agency re-
sponds to the Secretary’s notification described in sub-
section (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to the Secretary’s notifi-
cation described in subsection (d)(2) during the 45-day pe-
riod beginning on the date on which the agency received 
the notification, such application shall be deemed to be 
disapproved. 
‘‘(g) RULE OF CONSTRUCTION.—An application sub-
mitted by a State educational agency pursuant to sub-
section (a) shall not be approved or disapproved based 
upon the activities for which the agency may make funds 
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available to eligible entities under section 3204 if the agen-
cy’s use of funds is consistent with section 3204(b). 
‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds 
under this part for a fiscal year shall provide the amount 
made available under section 3202(c)(1) to eligible entities 
in accordance with this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives an award under this part shall use the funds 
for activities that— 
‘‘(A) are evidence-based; 
‘‘(B) 
will 
improve 
student 
academic 
achievement; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from 
the following two categories: 
‘‘(i) Supplemental student support ac-
tivities such as before, after, or summer 
school activities, tutoring, and expanded 
learning time, but not including athletics 
or in-school learning activities. 
‘‘(ii) Activities designed to support 
students, such as academic subject specific 
programs, adjunct teacher programs, ex-
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tended learning time programs, and parent 
engagement, but not including activities 
to— 
‘‘(I) support smaller class sizes 
or construction; or 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(2) PARTICIPATION OF CHILDREN ENROLLED 
IN PRIVATE SCHOOLS.—An eligible entity that re-
ceives an award under this part shall ensure compli-
ance with section 5501 (relating to participation of 
children enrolled in private schools). 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive an 
award under this part, an eligible entity shall submit 
an application to the State educational agency at 
such time, in such manner, and including such infor-
mation as the State educational agency may reason-
ably require, including the contents required by 
paragraph (2). 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
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‘‘(A) a description of the activities to be 
funded and how they are consistent with sub-
section (b); 
‘‘(B) an assurance that funds under this 
part will be used to increase the level of State, 
local, and other non-Federal funds that would, 
in the absence of funds under this part, be 
made available for programs and activities au-
thorized under this part, and in no case sup-
plant State, local, or non-Federal funds; 
‘‘(C) an assurance that the community will 
be given notice of an intent to submit an appli-
cation with an opportunity for comment, and 
that the application will be available for public 
review after submission of the application; and 
‘‘(D) an assurance that students who ben-
efit from any activity funded under this part 
shall continue to maintain enrollment in a pub-
lic elementary or secondary school, until grad-
uation or transfer to another school. 
‘‘(d) REVIEW.—In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality 
of such applications but the review shall be limited to the 
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likelihood that the project will increase student academic 
achievement. 
‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this part equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(f) AWARD.—A grant shall be awarded to all eligible 
entities that submit an application that meets the require-
ments of this section in an amount that is not less than 
$10,000, but there shall be only one award granted to any 
one local educational agency, but such award may be for 
multiple projects or programs with the local educational 
agency. 
‘‘(g) DURATION
OF AWARDS.—Grants under this 
part may be awarded for a period of not more than 5 
years. 
‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) a local educational agency in partnership 
with a community-based organization, business enti-
ty, or nongovernmental entity; 
‘‘(2) a consortium of local educational agencies 
working in partnership with a community-based or-
ganization, business entity, or nongovernmental enti-
ty; 
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‘‘(3) a community-based organization in part-
nership with a local educational agency and, if appli-
cable, a business entity or nongovernmental entity; 
or 
‘‘(4) a business entity in partnership with a 
local educational agency and, if applicable, a commu-
nity-based organization or nongovernmental entity. 
‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 
IMPROVE ACADEMIC ACHIEVEMENT. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3202(c)(2), a State educational agency shall 
award grants to nongovernmental entities, including pub-
lic or private organizations, community-based or faith- 
based organizations, and business entities for a program 
or project to increase the academic achievement of public 
school students attending public elementary or secondary 
schools (or both) in compliance with the requirements in 
this section. Subject to the availability of funds, the State 
educational agency shall award a grant to each eligible ap-
plicant that meets the requirements in a sufficient size and 
scope to support the program. 
‘‘(b) APPLICATION.—The State educational agency 
shall require an application that includes the following in-
formation: 
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‘‘(1) A description of the program or project 
the applicant will use the funds to support. 
‘‘(2) A description of how the applicant is using 
or will use other State, local, or private funding to 
support the program or project. 
‘‘(3) A description of how the program or 
project will help increase student academic achieve-
ment, including the evidence to support this claim. 
‘‘(4) A description of the student population the 
program or project is targeting to impact, and if the 
program will prioritize students in high-need local 
educational agencies. 
‘‘(5) A description of how the applicant will 
conduct sufficient outreach to ensure students can 
participate in the program or project. 
‘‘(6) A description of any partnerships the ap-
plicant has entered into with local educational agen-
cies or other entities the applicant will work with, if 
applicable. 
‘‘(7) A description of how the applicant will 
work to share evidence-based and other effective 
strategies from the program or project with local 
educational agencies and other entities working with 
students to increase academic achievement. 
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‘‘(8) An assurance that students who benefit 
from any program or project funded under this sec-
tion shall continue to maintain enrollment in a pub-
lic elementary or secondary school, until graduation 
or transfer to another school. 
‘‘(c) MATCHING CONTRIBUTION.—An eligible appli-
cant receiving a grant under this section shall provide, ei-
ther directly or through private contributions, non-Federal 
matching funds equal to not less than 50 percent of the 
amount of the grant. 
‘‘(d) REVIEW.—The State educational agency shall 
review the application to ensure that— 
‘‘(1) the applicant is an eligible applicant; 
‘‘(2) the application clearly describes the re-
quired elements in subsection (b); 
‘‘(3) the entity meets the matching requirement 
described in subsection (c); and 
‘‘(4) the program is allowable and complies with 
Federal, State, and local laws. 
‘‘(e) DISTRIBUTION OF FUNDS.—If the application 
requests exceed the funds available, the State educational 
agency shall prioritize projects that support students in 
high-need local educational agencies and ensure geo-
graphic diversity, including serving rural, suburban, and 
urban areas. 
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‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per-
cent of a grant awarded under this section may be used 
for administrative costs. 
‘‘SEC. 3206. REPORT. 
‘‘Each recipient of a grant under section 3204 or 
3205 shall report to the State educational agency on— 
‘‘(1) the success of the program in reaching the 
goals of the program; 
‘‘(2) a description of the students served by the 
program and how the students’ academic achieve-
ment improved; and 
‘‘(3) the results of any evaluation conducted on 
the success of the program.’’. 
TITLE IV—IMPACT AID 
SEC. 401. PURPOSE. 
Section 8001 (20 U.S.C. 7701) is amended by strik-
ing ‘‘challenging State standards’’ and inserting ‘‘State 
academic standards’’. 
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY. 
Section 8002 (20 U.S.C. 7702) is amended— 
(1) in subsection (b)(1)(B), by striking ‘‘section 
8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 
(2) by amending subsection (f) to read as fol-
lows: 
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‘‘(f) SPECIAL RULE.—Beginning with fiscal year 
2014, a local educational agency shall be deemed to meet 
the requirements of subsection (a)(1)(C) if records to de-
termine eligibility under such subsection were destroyed 
prior to fiscal year 2000 and the agency received funds 
under subsection (b) in the previous year.’’; 
(3) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FORMER DISTRICTS.— 
‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 
and each succeeding fiscal year, if a local edu-
cational agency described in paragraph (2) is formed 
at any time after 1938 by the consolidation of two 
or more former school districts, the local educational 
agency may elect to have the Secretary determine its 
eligibility and any amount for which the local edu-
cational agency is eligible under this section for such 
fiscal year on the basis of one or more of those 
former districts, as designated by the local edu-
cational agency. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency described in this 
paragraph is— 
‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
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applied for, and was determined to be eligible 
under section 2(c) of the Act of September 20, 
1950 (Public Law 874, 81st Congress) as that 
section was in effect for that fiscal year; or 
‘‘(B) a local educational agency formed by 
the consolidation of 2 or more school districts, 
at least one of which was eligible for assistance 
under this section for the fiscal year preceding 
the year of the consolidation, if— 
‘‘(i) for fiscal years 2006 through 
2013, the local educational agency notifies 
the Secretary not later than 30 days after 
the date of enactment of the Student Suc-
cess Act of the designation described in 
paragraph (1); and 
‘‘(ii) for fiscal year 2014, and each 
subsequent fiscal year, the local edu-
cational agency includes the designation in 
its application under section 8005 or any 
timely amendment to such application. 
‘‘(3) 
AVAILABILITY
OF
FUNDS.—Notwith-
standing any other provision of law limiting the pe-
riod during which the Secretary may obligate funds 
appropriated for any fiscal year after fiscal year 
2005, the Secretary may obligate funds remaining 
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after final payments have been made for any of such 
fiscal years to carry out this subsection.’’; 
(4) in subsection (h)— 
(A) in paragraph (2)— 
(i) in subparagraph (C)(ii), by strik-
ing ‘‘section 8014(a)’’ and inserting ‘‘sec-
tion 3(d)(1)’’; and 
(ii) in subparagraph (D), by striking 
‘‘section 8014(a)’’ and inserting ‘‘section 
3(d)(1)’’; and 
(B) in paragraph (4), by striking ‘‘Impact 
Aid Improvement Act of 2012’’ and inserting 
‘‘Student Success Act’’; 
(5) by repealing subsection (k); 
(6) by redesignating subsection (l) as subsection 
(k); 
(7) by amending subsection (k) (as so redesig-
nated) by striking ‘‘(h)(4)(B)’’ and inserting 
‘‘(h)(2)’’; 
(8) by repealing subsection (m); and 
(9) by redesignating subsection (n) as sub-
section (j). 
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374 
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN. 
(a) COMPUTATION OF PAYMENT.—Section 8003(a) 
(20 U.S.C. 7703(a)) is amended— 
(1) in the matter preceding subparagraph (A) 
of paragraph (1), by inserting after ‘‘schools of such 
agency’’ the following: ‘‘(including those children en-
rolled in such agency as a result of the open enroll-
ment policy of the State in which the agency is lo-
cated, but not including children who are enrolled in 
a distance education program at such agency and 
who are not residing within the geographic bound-
aries of such agency)’’; and 
(2) in paragraph (5)(A), by striking ‘‘1984’’ 
and all that follows through ‘‘situated’’ and inserting 
‘‘1984, or under lease of off-base property under 
subchapter IV of chapter 169 of title 10, United 
States Code, to be children described under para-
graph (1)(B) if the property described is within the 
fenced security perimeter of the military facility or 
attached to and under any type of force protection 
agreement with the military installation upon which 
such housing is situated.’’ 
(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED
LOCAL
EDUCATIONAL
AGENCIES.—Section 
8003(b) (20 U.S.C. 7703(b)) is amended— 
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(1) by striking ‘‘section 8014(b)’’ each place it 
appears and inserting ‘‘section 3(d)(2)’’; 
(2) in paragraph (1), by repealing subpara-
graph (E); 
(3) in paragraph (2)— 
(A) in subparagraph (A), by inserting at 
the end the following: 
‘‘(iii) The Secretary shall— 
‘‘(I) deem each local educational 
agency that received a basic support 
payment under this paragraph for fis-
cal year 2009 as eligible to receive a 
basic support payment under this 
paragraph for each of fiscal years 
2012, 2013, and 2014; and 
‘‘(II) make a payment to each 
such local educational agency under 
this paragraph for each of fiscal years 
2012, 2013, and 2014.’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘CONTINUING’’ in the 
heading; 
(ii) by amending clause (i) to read as 
follows: 
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‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency is eligible 
to receive a basic support payment under 
subparagraph (A) with respect to a num-
ber of children determined under sub-
section (a)(1) if the agency— 
‘‘(I) is a local educational agen-
cy— 
‘‘(aa) whose boundaries are 
the same as a Federal military 
installation or an island property 
designated by the Secretary of 
the Interior to be property that is 
held in trust by the Federal Gov-
ernment; and 
‘‘(bb) that has no taxing au-
thority; 
‘‘(II) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 45 percent; 
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377 
‘‘(bb) has a per-pupil ex-
penditure that is less than— 
‘‘(AA) for an agency 
that has a total student en-
rollment of 500 or more stu-
dents, 125 percent of the av-
erage per-pupil expenditure 
of the State in which the 
agency is located; or 
‘‘(BB) for any agency 
that has a total student en-
rollment less than 500, 150 
percent of the average per- 
pupil expenditure of the 
State in which the agency is 
located or the average per- 
pupil expenditure of 3 or 
more comparable local edu-
cational 
agencies 
in 
the 
State in which the agency is 
located; and 
‘‘(cc) is an agency that— 
‘‘(AA) has a tax rate 
for general fund purposes 
that is not less than 95 per-
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378 
cent of the average tax rate 
for general fund purposes of 
comparable local educational 
agencies in the State; or 
‘‘(BB) was eligible to 
receive a payment under this 
subsection for fiscal year 
2013 and is located in a 
State that by State law has 
eliminated ad valorem tax as 
a revenue for local edu-
cational agencies; 
‘‘(III) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 20 percent; 
‘‘(bb) for the 3 fiscal years 
preceding the fiscal year for 
which the determination is made, 
the average enrollment of chil-
dren who are not described in 
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379 
subsection (a)(1) and who are eli-
gible for a free or reduced price 
lunch under the Richard B. Rus-
sell National School Lunch Act 
constitutes a percentage of the 
total student enrollment of the 
agency that is not less than 65 
percent; and 
‘‘(cc) has a tax rate for gen-
eral fund purposes which is not 
less than 125 percent of the aver-
age tax rate for general fund 
purposes for comparable local 
educational agencies in the State; 
‘‘(IV) is a local educational agen-
cy that has a total student enrollment 
of not less than 25,000 students, of 
which— 
‘‘(aa) not less than 50 per-
cent are children described in 
subsection (a)(1); and 
‘‘(bb) not less than 5,500 of 
such children are children de-
scribed in subparagraphs (A) and 
(B) of subsection (a)(1); or 
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380 
‘‘(V) is a local educational agency 
that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) including, for purposes of 
determining eligibility, those chil-
dren described in subparagraphs 
(F) and (G) of such subsection, 
that is not less than 35 percent 
of the total student enrollment of 
the agency; and 
‘‘(bb) was eligible to receive 
assistance under subparagraph 
(A) for fiscal year 2001.’’; and 
(iii) in clause (ii)— 
(I) by striking ‘‘A heavily’’ and 
inserting the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a heavily’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) LOSS OF ELIGIBILITY DUE 
TO FALLING BELOW 95 PERCENT OF 
THE AVERAGE TAX RATE FOR GEN-
ERAL FUND PURPOSES.—In a case of 
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381 
a heavily impacted local educational 
agency that fails to meet the require-
ments of clause (i) for a fiscal year by 
reason of having a tax rate for gen-
eral fund purposes that falls below 95 
percent of the average tax rate for 
general fund purposes of comparable 
local educational agencies in the 
State, subclause (I) shall be applied 
as if ‘and the subsequent fiscal year’ 
were inserted before the period at the 
end.’’; 
(C) by striking subparagraph (C); 
(D) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
(E) in subparagraph (C) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘REG-
ULAR’’; 
(ii) by striking ‘‘Except as provided in 
subparagraph (E)’’ and inserting ‘‘Except 
as provided in subparagraph (D)’’; 
(iii) by amending subclause (I) of 
clause (ii) to read as follows: 
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382 
‘‘(ii)(I)(aa) For a local educational agency 
with respect to which 35 percent or more of the 
total student enrollment of the schools of the 
agency are children described in subparagraph 
(D) or (E) (or a combination thereof) of sub-
section (a)(1), and that has an enrollment of 
children described in subparagraphs (A), (B), 
or (C) of such subsection equal to at least 10 
percent of the agency’s total enrollment, the 
Secretary shall calculate the weighted student 
units of those children described in subpara-
graph (D) or (E) of such subsection by multi-
plying the number of such children by a factor 
of 0.55. 
‘‘(bb) Notwithstanding subitem (aa), a 
local educational agency that received a pay-
ment under this paragraph for fiscal year 2012 
shall not be required to have an enrollment of 
children described in subparagraphs (A), (B), 
or (C) of subsection (a)(1) equal to at least 10 
percent of the agency’s total enrollment.’’; and 
(iv) by amending subclause (III) of 
clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 
inserting ‘‘subparagraph (B)(i)(I)’’; 
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383 
(F) in subparagraph (D)(i)(II) (as so re-
designated), by striking ‘‘6,000’’ and inserting 
‘‘5,500’’; 
(G) in subparagraph (E) (as so redesig-
nated)— 
(i) by striking ‘‘Secretary’’ and all 
that follows through ‘‘shall use’’ and in-
serting ‘‘Secretary shall use’’; 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking clause (ii); 
(H) in subparagraph (F) (as so redesig-
nated), 
by 
striking 
‘‘subparagraph 
(C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 
(B)(i)(II)(bb)(BB)’’; and 
(I) in subparagraph (G) (as so redesig-
nated)— 
(i) in clause (i)— 
(I) by striking ‘‘subparagraph 
(B), (C), (D), or (E)’’ and inserting 
‘‘subparagraph (B), (C), or (D)’’; 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii)’’ the following ‘‘, or as the direct 
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384 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation’’; 
and 
(IV) by inserting before the pe-
riod, the following: ‘‘or during such 
time as activities associated with base 
closure 
and 
realignment, 
modularization, 
force 
structure 
change, or force relocation are ongo-
ing’’; and 
(ii) in clause (ii), by striking ‘‘(D) or 
(E)’’ each place it appears and inserting 
‘‘(C) or (D)’’; 
(4) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) by amending clause (iii) to read as 
follows: 
‘‘(iii) In the case of a local educational 
agency providing a free public education to stu-
dents enrolled in kindergarten through grade 
12, but which enrolls students described in sub-
paragraphs (A), (B), and (D) of subsection 
(a)(1) only in grades 9 through 12, and which 
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385 
received a final payment in fiscal year 2009 cal-
culated under this paragraph (as this para-
graph was in effect on the day before the date 
of enactment of the Student Success Act) for 
students in grades 9 through 12, the Secretary 
shall, in calculating the agency’s payment, con-
sider only that portion of such agency’s total 
enrollment of students in grades 9 through 12 
when calculating the percentage under clause 
(i)(I) and only that portion of the total current 
expenditures attributed to the operation of 
grades 9 through 12 in such agency when cal-
culating the percentage under clause (i)(II).’’; 
and 
(ii) by adding at the end the fol-
lowing: 
‘‘(v) In the case of a local educational 
agency that is providing a program of distance 
education to children not residing within the ge-
ographic boundaries of the agency, the Sec-
retary shall— 
‘‘(I) for purposes of the calculation 
under clause (i)(I), disregard such children 
from the total number of children in aver-
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386 
age daily attendance at the schools served 
by such agency; and 
‘‘(II) for purposes of the calculation 
under clause (i)(II), disregard any funds 
received for such children from the total 
current expenditures for such agency.’’; 
(B) in subparagraph (C), by striking ‘‘sub-
paragraph (D) or (E) of paragraph (2), as the 
case may be’’ and inserting ‘‘paragraph 
(2)(D)’’; and 
(C) by amending subparagraph (D) to read 
as follows: 
‘‘(D) RATABLE
DISTRIBUTION.—For any 
fiscal year described in subparagraph (A) for 
which the sums available exceed the amount re-
quired to pay each local educational agency 100 
percent of its threshold payment, the Secretary 
shall distribute the excess sums to each eligible 
local educational agency that has not received 
its full amount computed under paragraph (1) 
or (2) (as the case may be) by multiplying— 
‘‘(i) a percentage, the denominator of 
which is the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for all local edu-
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387 
cational agencies and the amount of the 
threshold payment (as calculated under 
subparagraphs (B) and (C)) of all local 
educational agencies, and the numerator of 
which is the aggregate of the excess sums, 
by; 
‘‘(ii) the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for the agency 
and the amount of the threshold payment 
as calculated under subparagraphs (B) and 
(C) of the agency.’’; and 
(D) by inserting at the end the following 
new subparagraphs: 
‘‘(E) INSUFFICIENT PAYMENTS.—For each 
fiscal year described in subparagraph (A) for 
which the sums appropriated under section 
3(d)(2) are insufficient to pay each local edu-
cational agency all of the local educational 
agency’s threshold payment described in sub-
paragraph (D), the Secretary shall ratably re-
duce the payment to each local educational 
agency under this paragraph. 
‘‘(F) INCREASES.—If the sums appro-
priated under section 3(d)(2) are sufficient to 
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388 
increase the threshold payment above the 100 
percent threshold payment described in sub-
paragraph (D), then the Secretary shall in-
crease payments on the same basis as such pay-
ments were reduced, except no local educational 
agency may receive a payment amount greater 
than 100 percent of the maximum payment cal-
culated under this subsection.’’; and 
(5) in paragraph (4)— 
(A) in subparagraph (A), by striking 
‘‘through (D)’’ and inserting ‘‘and (C)’’; and 
(B) in subparagraph (B), by striking ‘‘sub-
paragraph (D) or (E)’’ and inserting ‘‘subpara-
graph (C) or (D)’’. 
(c) PRIOR YEAR DATA.—Paragraph (2) of section 
8003(c) (20 U.S.C. 7703(c)) is amended to read as fol-
lows: 
‘‘(2) EXCEPTION.—Calculation of payments for 
a local educational agency shall be based on data 
from the fiscal year for which the agency is making 
an application for payment if such agency— 
‘‘(A) is newly established by a State, for 
the first year of operation of such agency only; 
‘‘(B) was eligible to receive a payment 
under this section for the previous fiscal year 
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389 
and has had an overall increase in enrollment 
(as determined by the Secretary in consultation 
with the Secretary of Defense, the Secretary of 
the Interior, or the heads of other Federal 
agencies)— 
‘‘(i) of not less than 10 percent, or 
100 students, of children described in— 
‘‘(I) subparagraph (A), (B), (C), 
or (D) of subsection (a)(1); or 
‘‘(II) subparagraph (F) and (G) 
of subsection (a)(1), but only to the 
extent such children are civilian de-
pendents of employees of the Depart-
ment of Defense or the Department of 
the Interior; and 
‘‘(ii) that is the direct result of closure 
or realignment of military installations 
under the base closure process or the relo-
cation of members of the Armed Forces 
and civilian employees of the Department 
of Defense as part of the force structure 
changes or movements of units or per-
sonnel between military installations or be-
cause of actions initiated by the Secretary 
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390 
of the Interior or the head of another Fed-
eral agency; or 
‘‘(C) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an increase in enrollment (as de-
termined by the Secretary)— 
‘‘(i) of not less than 10 percent of 
children described in subsection (a)(1) or 
not less than 100 of such children; and 
‘‘(ii) that is the direct result of the 
closure of a local educational agency that 
received a payment under subsection (b)(1) 
or (b)(2) in the previous fiscal year.’’. 
(d) 
CHILDREN
WITH
DISABILITIES.—Section 
8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 
‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 
(e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 
7703(e)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the total amount the Secretary shall pay a local edu-
cational agency under subsection (b)— 
‘‘(A) for fiscal year 2014, shall not be less 
than 90 percent of the total amount that the 
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391 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013; 
‘‘(B) for fiscal year 2015, shall not be less 
than 85 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013; and 
‘‘(C) for fiscal year 2016, shall not be less 
than 80 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2013.’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) MAXIMUM
AMOUNT.—The total amount 
provided to a local educational agency under sub-
paragraph (A), (B), or C of paragraph (1) for a fis-
cal year shall not exceed the maximum basic support 
payment amount for such agency determined under 
paragraph (1) or (2) of subsection (b), as the case 
may be, for such fiscal year.’’. 
(f) MAINTENANCE OF EFFORT.—Section 8003 (20 
U.S.C. 7703) is amended by striking subsection (g). 
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SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL-
DREN RESIDING ON INDIAN LANDS. 
Section 8004(e)(9) is amended by striking ‘‘Bureau 
of Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu-
cation’’. 
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 
8002 AND 8003. 
Section 8005(b) (20 U.S.C. 7705(b)) is amended in 
the matter preceding paragraph (1) by striking ‘‘and shall 
contain such information,’’. 
SEC. 406. CONSTRUCTION. 
Section 8007 (20 U.S.C. 7707) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (2), by adding at the end 
the following: 
‘‘(C) The agency is eligible under section 
4003(b)(2) or is receiving basic support pay-
ments under circumstances described in section 
4003(b)(2)(B)(ii).’’; and 
(C) in paragraph (3), by striking ‘‘section 
8014(e)’’ each place it appears and inserting 
‘‘section 3(d)(4)’’; and 
(2) in subsection (b)— 
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(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C)(i)(I), by add-
ing at the end the following: 
‘‘(cc) At least 10 percent of the 
property in the agency is exempt from 
State and local taxation under Fed-
eral law.’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(F) LIMITATIONS
ON
ELIGIBILITY
RE-
QUIREMENTS.—The Secretary shall not limit 
eligibility— 
‘‘(i) under subparagraph (C)(i)(I)(aa), 
to those local educational agencies in which 
the number of children determined under 
section 8003(a)(1)(C) for each such agency 
for the preceding school year constituted 
more than 40 percent of the total student 
enrollment in the schools of each such 
agency during the preceding school year; 
and 
‘‘(ii) under subparagraph (C)(i)(I)(cc), 
to those local educational agencies in which 
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more than 10 percent of the property in 
each such agency is exempt from State and 
local taxation under Federal law.’’; 
(C) in paragraph (6)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘in such manner, 
and accompanied by such information’’ 
and inserting ‘‘and in such manner’’; and 
(ii) by striking subparagraph (F); and 
(D) by striking paragraph (7). 
SEC. 407. FACILITIES. 
Section 8008 (20 U.S.C. 7708) is amended in sub-
section (a), by striking ‘‘section 8014(f)’’ and inserting 
‘‘section 3(d)(5)’’. 
SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO-
VIDING STATE AID. 
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 
amended by striking ‘‘and contain the information’’. 
SEC. 409. FEDERAL ADMINISTRATION. 
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amend-
ed, by striking ‘‘section 8014’’ and inserting ‘‘section 
3(d)’’. 
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SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW. 
Section 8011(a) (20 U.S.C. 7711(a)) is amended by 
striking ‘‘or under the Act’’ and all the follows through 
‘‘1994)’’. 
SEC. 411. DEFINITIONS. 
Section 8013 (20 U.S.C. 7713) is amended— 
(1) in paragraph (1), by striking ‘‘and Marine 
Corps’’ and inserting ‘‘Marine Corps, and Coast 
Guard’’; 
(2) in paragraph (4), by striking ‘‘and title VI’’; 
(3) in paragraph (5)(A)(iii)— 
(A) in subclause (II), by striking ‘‘Stewart 
B. McKinney Homeless Assistance Act’’ and in-
serting ‘‘McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11411)’’; and 
(B) in subclause (III), by inserting before 
the semicolon, ‘‘(25 U.S.C. 4101 et seq.)’’; 
(4) in paragraph (8)(A), by striking ‘‘and 
verified by’’ and inserting ‘‘, and verified by,’’; and 
(5) in paragraph (9)(B), by inserting a comma 
before ‘‘on a case-by-case basis’’. 
SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 
Section 8014 (20 U.S.C. 7801) is repealed. 
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SEC. 413. CONFORMING AMENDMENTS. 
(a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sub-
section (c) of the Impact Aid Improvement Act of 2012 
(20 U.S.C. 6301 note) is amended— 
(1) by striking paragraphs (1) and (4); and 
(2) by redesignating paragraphs (2) and (3), as 
paragraphs (1) and (2), respectively. 
(b) TRANSFER AND REDESIGNATION.—Title VIII (20 
U.S.C. 7701 et seq.), as amended by this title, is redesig-
nated as title IV (20 U.S.C. 7101 et seq.), and transferred 
and inserted after title III (as amended by this Act). 
(c) TITLE IV.—The heading relating to title IV of 
such Act (20 U.S.C. 7101 et seq.) is amended to read as 
follows: 
‘‘TITLE IV—IMPACT AID’’. 
(d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 
6301 et seq.) is amended— 
(1) by redesignating sections 8001 through 
8005 as sections 4001 through 4005, respectively; 
(2) by redesignating sections 8007 through 
8013 as sections 4007 through 4013, respectively; 
(3) by striking ‘‘section 8002’’ each place it ap-
pears and inserting ‘‘section 4002’’; 
(4) by striking ‘‘section 8002(b)’’ each place it 
appears and inserting ‘‘section 4002(b)’’; 
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(5) by striking ‘‘section 8003’’ each place it ap-
pears and inserting ‘‘section 4003’’, respectively; 
(6) by striking ‘‘section 8003(a)’’ each place it 
appears and inserting ‘‘section 4003(a)’’; 
(7) by striking ‘‘section 8003(a)(1)’’ each place 
it appears and inserting ‘‘section 4003(a)(1)’’; 
(8) by striking ‘‘section 8003(a)(1)(C)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4003(a)(1)(C)’’; 
(9) by striking ‘‘section 8002(a)(2)’’ each place 
it appears and inserting ‘‘section 4002(a)(2)’’; 
(10) by striking ‘‘section 8003(b)’’ each place it 
appears and inserting ‘‘section 4003(b)’’; 
(11) by striking ‘‘section 8003(b)(1)’’ each 
place it appears and inserting ‘‘section 4003(b)(1)’’; 
(12) in section 4002(b)(1)(C), by striking ‘‘sec-
tion 
8003(b)(1)(C)’’ 
and 
inserting 
‘‘section 
4003(b)(1)(C)’’; 
(13) in section 4002(j)(1) (as so redesignated), 
by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 
‘‘section 4013(5)(C)(iii)’’; 
(14) in section 4005 (as so redesignated)— 
(A) in the section heading, by striking 
‘‘8002
AND
8003’’ and inserting ‘‘4002
AND 
4003’’; 
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(B) by striking ‘‘or 8003’’ each place it ap-
pears and inserting ‘‘or 4003’’; 
(C) in subsection (b)(2), by striking ‘‘sec-
tion 8004’’ and inserting ‘‘section 4004’’; and 
(D) in subsection (d)(2), by striking ‘‘sec-
tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 
(15) in section 4007(a)(3)(A)(i) (as so redesig-
nated), by striking ‘‘section 8008(a)’’ and inserting 
‘‘section 4008(a)’’; 
(16) in section 4007(a)(4) (as so redesignated), 
by striking ‘‘section 8013(3)’’ and inserting ‘‘section 
4013(3)’’; 
(17) in section 4009 (as so redesignated)— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘or 8003(b)’’ and in-
serting ‘‘or 4003(b)’’; 
(ii) 
by 
striking 
‘‘section 
8003(a)(2)(B)’’ and inserting ‘‘section 
4003(a)(2)(B)’’; and 
(iii) by striking ‘‘section 8003(b)(2)’’ 
and inserting ‘‘section 4003(b)(2)’’; and 
(B) by striking ‘‘section 8011(a)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4011(a)’’; and 
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399 
(18) in section 4010(c)(2)(D) (as so redesig-
nated) by striking ‘‘section 8009(b)’’ and inserting 
‘‘section 4009(b)’’. 
TITLE V—GENERAL PROVISIONS 
FOR THE ACT 
SEC. 501. GENERAL PROVISIONS FOR THE ACT. 
(a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 
et seq.) is amended to read as follows: 
‘‘TITLE V—GENERAL PROVISIONS 
‘‘PART A—DEFINITIONS 
‘‘SEC. 5101. DEFINITIONS. 
‘‘Except as otherwise provided, in this Act: 
‘‘(1) AVERAGE DAILY ATTENDANCE.— 
‘‘(A) IN
GENERAL.—Except as provided 
otherwise by State law or this paragraph, the 
term ‘average daily attendance’ means— 
‘‘(i) the aggregate number of days of 
attendance of all students during a school 
year; divided by 
‘‘(ii) the number of days school is in 
session during that year. 
‘‘(B) CONVERSION.—The Secretary shall 
permit the conversion of average daily member-
ship (or other similar data) to average daily at-
tendance for local educational agencies in 
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States that provide State aid to local edu-
cational agencies on the basis of average daily 
membership (or other similar data). 
‘‘(C) SPECIAL
RULE.—If the local edu-
cational agency in which a child resides makes 
a tuition or other payment for the free public 
education of the child in a school located in an-
other school district, the Secretary shall, for the 
purpose of this Act— 
‘‘(i) consider the child to be in attend-
ance at a school of the agency making the 
payment; and 
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing the payment. 
‘‘(D) CHILDREN WITH DISABILITIES.—If a 
local educational agency makes a tuition pay-
ment to a private school or to a public school 
of another local educational agency for a child 
with a disability, as defined in section 602 of 
the Individuals with Disabilities Education Act, 
the Secretary shall, for the purpose of this Act, 
consider the child to be in attendance at a 
school of the agency making the payment. 
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401 
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
‘‘(A) without regard to the source of 
funds— 
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
ceding the fiscal year for which the deter-
mination is made (or, if satisfactory data 
for that year are not available, during the 
most recent preceding fiscal year for which 
satisfactory data are available) of all local 
educational agencies in the State or, in the 
case of the United States, for all States 
(which, for the purpose of this paragraph, 
means the 50 States and the District of 
Columbia); plus 
‘‘(ii) any direct current expenditures 
by the State for the operation of those 
agencies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agen-
cies provided free public education during that 
preceding year. 
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‘‘(3) CHARTER
SCHOOL.—The term ‘charter 
school’ means a public school that— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempt from significant State or 
local rules that inhibit the flexible operation 
and management of public schools, but not 
from any rules relating to the other require-
ments of this paragraph; 
‘‘(B) is created by a developer as a public 
school, or is adapted by a developer from an ex-
isting public school, and is operated under pub-
lic supervision and direction; 
‘‘(C) operates in pursuit of a specific set of 
educational 
objectives 
determined 
by 
the 
school’s developer and agreed to by the author-
ized public chartering agency; 
‘‘(D) provides a program of elementary or 
secondary education, or both; 
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all 
other operations, and is not affiliated with a 
sectarian school or religious institution; 
‘‘(F) does not charge tuition; 
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‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, and part B of the Individuals with Dis-
abilities Education Act; 
‘‘(H) is a school to which parents choose to 
send their children, and that admits students 
on the basis of a lottery, if more students apply 
for admission than can be accommodated; 
‘‘(I) agrees to comply with the same Fed-
eral and State audit requirements as do other 
elementary schools and secondary schools in the 
State, unless such requirements are specifically 
waived for the purpose of this program; 
‘‘(J) meets all applicable Federal, State, 
and local health and safety requirements; 
‘‘(K) operates in accordance with State 
law; 
‘‘(L) has a written performance contract 
with the authorized public chartering agency in 
the State that includes a description of how 
student performance will be measured in char-
ter schools pursuant to State assessments that 
are required of other schools and pursuant to 
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any other assessments mutually agreeable to 
the authorized public chartering agency and the 
charter school; and 
‘‘(M) may serve prekindergarten or post 
secondary students. 
‘‘(4) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education. 
‘‘(5) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the same meaning given 
that term in section 602 of the Individuals with Dis-
abilities Education Act. 
‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 
term ‘community-based organization’ means a public 
or private nonprofit organization of demonstrated ef-
fectiveness that— 
‘‘(A) is representative of a community or 
significant segments of a community; and 
‘‘(B) provides educational or related serv-
ices to individuals in the community. 
‘‘(7) CONSOLIDATED
LOCAL
APPLICATION.— 
The term ‘consolidated local application’ means an 
application submitted by a local educational agency 
pursuant to section 5305. 
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405 
‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 
‘consolidated local plan’ means a plan submitted by 
a local educational agency pursuant to section 5305. 
‘‘(9) CONSOLIDATED
STATE
APPLICATION.— 
The term ‘consolidated State application’ means an 
application submitted by a State educational agency 
pursuant to section 5302. 
‘‘(10) CONSOLIDATED STATE PLAN.—The term 
‘consolidated State plan’ means a plan submitted by 
a State educational agency pursuant to section 
5302. 
‘‘(11) CORE ACADEMIC SUBJECTS.—The term 
‘core academic subjects’ means English, reading or 
language arts, mathematics, science, foreign lan-
guages, civics and government, economics, arts, his-
tory, and geography. 
‘‘(12) COUNTY.—The term ‘county’ means one 
of the divisions of a State used by the Secretary of 
Commerce in compiling and reporting data regard-
ing counties. 
‘‘(13) COVERED PROGRAM.—The term ‘covered 
program’ means each of the programs authorized 
by— 
‘‘(A) part A of title I; 
‘‘(B) title II; and 
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‘‘(C) title III. 
‘‘(14) CURRENT
EXPENDITURES.—The term 
‘current expenditures’ means expenditures for free 
public education— 
‘‘(A) including expenditures for adminis-
tration, instruction, attendance and health serv-
ices, pupil transportation services, operation 
and maintenance of plant, fixed charges, and 
net expenditures to cover deficits for food serv-
ices and student body activities; but 
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I. 
‘‘(15) DEPARTMENT.—The term ‘Department’ 
means the Department of Education. 
‘‘(16) DIRECT STUDENT SERVICES.—The term 
‘direct student services’ means public school choice 
or high-quality academic tutoring that are designed 
to help increase academic achievement for students. 
‘‘(17) DISTANCE EDUCATION.—The term ‘dis-
tance education’ means the use of one or more tech-
nologies to deliver instruction to students who are 
separated from the instructor and to support regular 
and substantive interaction between the students 
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and 
the 
instructor 
synchronously 
or 
nonsyn-
chronously. 
‘‘(18) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies. 
‘‘(19) ELEMENTARY SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day 
or residential school, including a public elementary 
charter school, that provides elementary education, 
as determined under State law. 
‘‘(20) ENGLISH LEARNER.—The term ‘English 
learner’, when used with respect to an individual, 
means an individual— 
‘‘(A) who is aged 3 through 21; 
‘‘(B) who is enrolled or preparing to enroll 
in an elementary school or secondary school; 
‘‘(C)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
‘‘(ii)(I) who is a Native American or Alas-
ka Native, or a native resident of the outlying 
areas; and 
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‘‘(II) who comes from an environment 
where a language other than English has had 
a significant impact on the individual’s level of 
English language proficiency; or 
‘‘(iii) who is migratory, whose native lan-
guage is a language other than English, and 
who comes from an environment where a lan-
guage other than English is dominant; and 
‘‘(D) whose difficulties in speaking, read-
ing, writing, or understanding the English lan-
guage may be sufficient to deny the indi-
vidual— 
‘‘(i) the ability to meet the State’s 
academic standards described in section 
1111; 
‘‘(ii) the ability to successfully achieve 
in classrooms where the language of in-
struction is English; or 
‘‘(iii) the opportunity to participate 
fully in society. 
‘‘(21) EXTENDED-YEAR
ADJUSTED
COHORT 
GRADUATION RATE.— 
‘‘(A) IN GENERAL.—The term ‘extended- 
year adjusted cohort graduation rate’ means the 
ratio where— 
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‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of students who entered the entry 
grade together in the entry year of high 
school, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) one or more additional years 
beyond the fourth year of high school; 
or 
‘‘(II) a summer session imme-
diately following the additional year of 
high school. 
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‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
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clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the extended-year adjusted 
cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the extended-year adjusted 
cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
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to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(22) FAMILY LITERACY SERVICES.—The term 
‘family literacy services’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient 
duration, to make sustainable changes in a family, 
and that integrate all of the following activities: 
‘‘(A) Interactive literacy activities between 
parents and their children. 
‘‘(B) Training for parents regarding how 
to be the primary teacher for their children and 
full partners in the education of their children. 
‘‘(C) Parent literacy training that leads to 
economic self-sufficiency. 
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences. 
‘‘(23) FOUR-YEAR ADJUSTED COHORT GRADUA-
TION RATE.— 
‘‘(A) IN GENERAL.—The term ‘four-year 
adjusted cohort graduation rate’ means the 
ratio where— 
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‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student mem-
bership data submitted annually by State 
educational agencies to the National Cen-
ter for Education Statistics pursuant to 
section 153 of the Education Sciences Re-
form Act, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
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‘‘(I) the fourth year of high 
school; or 
‘‘(II) a summer session imme-
diately following the fourth year of 
high school. 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
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‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the adjusted cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
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hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(24) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is pro-
vided— 
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge; 
and 
‘‘(B) as elementary school or secondary 
school education as determined under applicable 
State law, except that the term does not include 
any education provided beyond grade 12. 
‘‘(25) HIGH-QUALITY
ACADEMIC
TUTORING.— 
The term ‘high-quality academic tutoring’ means 
supplemental academic services that— 
‘‘(A) are in addition to instruction pro-
vided during the school day; 
‘‘(B) are provided by a non-governmental 
entity or local educational agency that— 
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‘‘(i) is included on a State educational 
agency approved provider list after dem-
onstrating to the State educational agency 
that its program consistently improves the 
academic achievement of students; and 
‘‘(ii) agrees to provide parents of chil-
dren receiving high-quality academic tutor-
ing, the appropriate local educational agen-
cy, and school with information on partici-
pating students increases in academic 
achievement, in a format, and to the extent 
practicable, a language that such parent 
can understand, and in a manner that pro-
tects the privacy of individuals consistent 
with section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g); 
‘‘(C) are selected by the parents of stu-
dents who are identified by the local educational 
agency as being eligible for such services from 
among providers on the approved provider list 
described in subparagraph (B)(i); 
‘‘(D) meet all applicable Federal, State, 
and local health, safety, and civil rights laws; 
and 
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‘‘(E) ensure that all instruction and con-
tent are secular, neutral, and non-ideological. 
‘‘(26) HIGH SCHOOL.—The term ‘high school’ 
means a secondary school that— 
‘‘(A) grants a diploma, as defined by the 
State; and 
‘‘(B) includes, at least, grade 12. 
‘‘(27) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965. 
‘‘(28) LOCAL EDUCATIONAL AGENCY.— 
‘‘(A) IN GENERAL.—The term ‘local edu-
cational agency’ means a public board of edu-
cation or other public authority legally con-
stituted within a State for either administrative 
control or direction of, or to perform a service 
function for, public elementary schools or sec-
ondary schools in a city, county, township, 
school district, or other political subdivision of 
a State, or of or for a combination of school 
districts or counties that is recognized in a 
State as an administrative agency for its public 
elementary schools or secondary schools. 
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‘‘(B) ADMINISTRATIVE CONTROL AND DI-
RECTION.—The term includes any other public 
institution or agency having administrative con-
trol and direction of a public elementary school 
or secondary school. 
‘‘(C) BIE SCHOOLS.—The term includes 
an elementary school or secondary school fund-
ed by the Bureau of Indian Education but only 
to the extent that including the school makes 
the school eligible for programs for which spe-
cific eligibility is not provided to the school in 
another provision of law and the school does not 
have a student population that is smaller than 
the student population of the local educational 
agency receiving assistance under this Act with 
the smallest student population, except that the 
school shall not be subject to the jurisdiction of 
any State educational agency other than the 
Bureau of Indian Education. 
‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 
The term includes educational service agencies 
and consortia of those agencies. 
‘‘(E) STATE EDUCATIONAL AGENCY.—The 
term includes the State educational agency in a 
State in which the State educational agency is 
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the sole educational agency for all public 
schools. 
‘‘(29) NATIVE AMERICAN AND NATIVE AMER-
ICAN LANGUAGE.—The terms ‘Native American’ and 
‘Native American language’ have the same meaning 
given those terms in section 103 of the Native 
American Languages Act of 1990. 
‘‘(30) OTHER STAFF.—The term ‘other staff’ 
means specialized instructional support personnel, li-
brarians, career guidance and counseling personnel, 
education aides, and other instructional and admin-
istrative personnel. 
‘‘(31) OUTLYING
AREA.—The term ‘outlying 
area’— 
‘‘(A) means American Samoa, the Com-
monwealth of the Northern Mariana Islands, 
Guam, and the United States Virgin Islands; 
‘‘(B) means the Republic of Palau, to the 
extent permitted under section 105(f)(1)(B)(ix) 
of the Compact of Free Association Amend-
ments Act of 2003 (Public Law 99–658; 117 
Stat. 2751) and until an agreement for the ex-
tension of United States education assistance 
under the Compact of Free Association becomes 
effective for the Republic of Palau; and 
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‘‘(C) for the purpose of any discretionary 
grant program under this Act, includes the Re-
public of the Marshall Islands and the Fed-
erated States of Micronesia, to the extent per-
mitted under section 105(f)(1)(B)(viii) of the 
Compact of Free Association Amendments Act 
of 2003 (Public Law 108–188; 117 Stat. 
2751). 
‘‘(32) PARENT.—The term ‘parent’ includes a 
legal guardian or other person standing in loco 
parentis (such as a grandparent, stepparent, or fos-
ter parent with whom the child lives, or a person 
who is legally responsible for the child’s welfare). 
‘‘(33) PARENTAL
INVOLVEMENT.—The term 
‘parental involvement’ means the participation of 
parents in regular, two-way, and meaningful commu-
nication involving student academic learning and 
other school activities, including ensuring— 
‘‘(A) that parents play an integral role in 
assisting in their child’s learning; 
‘‘(B) that parents are encouraged to be ac-
tively involved in their child’s education at 
school; 
‘‘(C) that parents are full partners in their 
child’s education and are included, as appro-
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priate, in decisionmaking and on advisory com-
mittees to assist in the education of their child; 
and 
‘‘(D) the carrying out of other activities, 
such as those described in section 1118. 
‘‘(34) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined by the Office of 
Management and Budget and revised annually in ac-
cordance with section 673(2) of the Community 
Services Block Grant Act) applicable to a family of 
the size involved. 
‘‘(35) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘professional development’— 
‘‘(A) includes evidence-based, job-embed-
ded, continuous activities that— 
‘‘(i) improve and increase teachers’ 
knowledge of the academic subjects the 
teachers teach, and enable teachers to be-
come effective educators; 
‘‘(ii) are an integral part of broad 
schoolwide and districtwide educational im-
provement plans; 
‘‘(iii) give teachers, school leaders, 
other staff, and administrators the knowl-
edge and skills to provide students with 
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the opportunity to meet State academic 
standards; 
‘‘(iv) improve classroom management 
skills; 
‘‘(v)(I) have a positive and lasting im-
pact on classroom instruction and the 
teacher’s performance in the classroom; 
and 
‘‘(II) are not 1-day or short-term 
workshops or conferences; 
‘‘(vi) support the recruiting, hiring, 
and training of effective teachers, including 
teachers who became certified or licensed 
through State and local alternative routes 
to certification; 
‘‘(vii) advance teacher understanding 
of effective instructional strategies that are 
strategies for improving student academic 
achievement or substantially increasing the 
knowledge and teaching skills of teachers, 
including through addressing the social 
and emotional development needs of stu-
dents; 
‘‘(viii) are aligned with and directly 
related to— 
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‘‘(I) State academic standards 
and assessments; and 
‘‘(II) the curricula and programs 
tied to the standards described in sub-
clause (I); 
‘‘(ix) are developed with extensive par-
ticipation of teachers, school leaders, par-
ents, and administrators of schools to be 
served under this Act; 
‘‘(x) are designed to give teachers of 
English learners and other teachers and 
instructional staff, the knowledge and 
skills to provide instruction and appro-
priate language and academic support 
services to those children, including the ap-
propriate use of curricula and assessments; 
‘‘(xi) to the extent appropriate, pro-
vide training for teachers, other staff, and 
school leaders in the use of technology so 
that technology and technology applica-
tions are effectively used to improve teach-
ing and learning in the curricula and core 
academic subjects in which the students re-
ceive instruction; 
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‘‘(xii) as a whole, are regularly evalu-
ated for their impact on increased teacher 
effectiveness and improved student aca-
demic achievement, with the findings of 
the evaluations used to improve the quality 
of the professional development; 
‘‘(xiii) provide instruction in methods 
of teaching children with special needs; 
‘‘(xiv) include instruction in the use of 
data and assessments to inform and in-
struct classroom practice; and 
‘‘(xv) include instruction in ways that 
teachers, school leaders, specialized in-
structional support personnel, other staff, 
and school administrators may work more 
effectively with parents; and 
‘‘(B) may include evidence-based, job-em-
bedded, continuous activities that— 
‘‘(i) involve the forming of partner-
ships with institutions of higher education 
to establish school-based teacher training 
programs that provide prospective teachers 
and new teachers with an opportunity to 
work under the guidance of experienced 
teachers and college faculty; 
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‘‘(ii) create programs to enable para-
professionals (assisting teachers employed 
by a local educational agency receiving as-
sistance under subpart 1 of part A of title 
I) to obtain the education necessary for 
those paraprofessionals to become certified 
and licensed teachers; and 
‘‘(iii) provide follow-up training to in-
dividuals who have participated in activi-
ties described in subparagraph (A) or an-
other clause of this subparagraph that are 
designed to ensure that the knowledge and 
skills learned by the teachers are imple-
mented in the classroom. 
‘‘(36) REGULAR HIGH SCHOOL DIPLOMA.— 
‘‘(A) IN
GENERAL.—The term ‘regular 
high school diploma’ means the standard high 
school diploma awarded to the preponderance of 
students in the State that is fully aligned with 
State standards, or a higher diploma. Such 
term shall not include a GED or other recog-
nized equivalent of a diploma, a certificate of 
attendance, or any lesser diploma award. 
‘‘(B) EXCEPTION
FOR
STUDENTS
WITH 
SIGNIFICANT COGNITIVE DISABILITIES.—For a 
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student who is assessed using an alternate as-
sessment aligned to alternate academic stand-
ards under section 1111(b)(1)(D), receipt of a 
regular high school diploma as defined under 
subparagraph (A) or a State-defined alternate 
diploma obtained within the time period for 
which the State ensures the availability of a 
free appropriate public education and in accord-
ance with section 612(a)(1) of the Individuals 
with Disabilities Education Act shall be counted 
as graduating with a regular high school di-
ploma for the purposes of this Act. 
‘‘(37) SCHOOL
LEADER.—The term ‘school 
leader’ means a principal, assistant principal, or 
other individual who is— 
‘‘(A) an employee or officer of a school, 
local educational agency, or other entity oper-
ating the school; and 
‘‘(B) responsible for— 
‘‘(i) the daily instructional leadership 
and managerial operations of the school; 
and 
‘‘(ii) creating the optimum conditions 
for student learning. 
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‘‘(38) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that the term does 
not include any education beyond grade 12. 
‘‘(39) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
‘‘(40) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES.— 
‘‘(A) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT PERSONNEL.—The term ‘specialized in-
structional support personnel’ means school 
counselors, school social workers, school psy-
chologists, and other qualified professional per-
sonnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and 
other necessary services (including related serv-
ices as that term is defined in section 602 of 
the Individuals with Disabilities Education Act) 
as part of a comprehensive program to meet 
student needs. 
‘‘(B) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT SERVICES.—The term ‘specialized instruc-
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tional support services’ means the services pro-
vided by specialized instructional support per-
sonnel. 
‘‘(41) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying 
areas. 
‘‘(42) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ means the agency 
primarily responsible for the State supervision of 
public elementary schools and secondary schools. 
‘‘(43) TECHNOLOGY.—The term ‘technology’ 
means modern information, computer and commu-
nication technology products, services, or tools, in-
cluding, but not limited to, the Internet and other 
communications networks, computer devices and 
other computer and communications hardware, soft-
ware applications, data systems, and other electronic 
content and data storage. 
‘‘SEC. 5102. APPLICABILITY OF TITLE. 
‘‘Parts B, C, D, and E of this title do not apply to 
title IV of this Act. 
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‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU-
CATION OPERATED SCHOOLS. 
‘‘For the purpose of any competitive program under 
this Act— 
‘‘(1) a consortium of schools operated by the 
Bureau of Indian Education; 
‘‘(2) a school operated under a contract or 
grant with the Bureau of Indian Education in con-
sortium with another contract or grant school or a 
tribal or community organization; or 
‘‘(3) a Bureau of Indian Education school in 
consortium with an institution of higher education, 
a contract or grant school, or a tribal or community 
organization, 
shall be given the same consideration as a local edu-
cational agency. 
‘‘PART B—FLEXIBILITY IN THE USE OF 
ADMINISTRATIVE AND OTHER FUNDS 
‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 
FUNDS FOR ELEMENTARY AND SECONDARY 
EDUCATION PROGRAMS. 
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
may consolidate the amounts specifically made avail-
able to it for State administration under one or 
more of the programs under paragraph (2). 
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‘‘(2) APPLICABILITY.—This section applies to 
any program under this Act under which funds are 
authorized to be used for administration, and such 
other programs as the Secretary may designate. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
shall use the amount available under this section for 
the administration of the programs included in the 
consolidation under subsection (a). 
‘‘(2) ADDITIONAL USES.—A State educational 
agency may also use funds available under this sec-
tion for administrative activities designed to enhance 
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection 
(a), such as— 
‘‘(A) the coordination of those programs 
with other Federal and non-Federal programs; 
‘‘(B) the establishment and operation of 
peer-review mechanisms under this Act; 
‘‘(C) the administration of this title; 
‘‘(D) the dissemination of information re-
garding model programs and practices; 
‘‘(E) technical assistance under any pro-
gram under this Act; 
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‘‘(F) State-level activities designed to carry 
out this title; 
‘‘(G) training personnel engaged in audit 
and other monitoring activities; and 
‘‘(H) implementation of the Cooperative 
Audit Resolution and Oversight Initiative of the 
Department. 
‘‘(c) RECORDS.—A State educational agency that 
consolidates administrative funds under this section shall 
not be required to keep separate records, by individual 
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a). 
‘‘(d) REVIEW.—To determine the effectiveness of 
State administration under this section, the Secretary may 
periodically review the performance of State educational 
agencies in using consolidated administrative funds under 
this section and take such steps as the Secretary finds 
appropriate to ensure the effectiveness of that administra-
tion. 
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 
educational agency does not use all of the funds available 
to the agency under this section for administration, the 
agency may use those funds during the applicable period 
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of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a). 
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS 
AND ASSESSMENT DEVELOPMENT.—In order to develop 
State academic standards and assessments, a State edu-
cational agency may consolidate the amounts described in 
subsection (a) for those purposes under title I. 
‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 
‘‘A State educational agency that also serves as a 
local educational agency shall, in its applications or plans 
under this Act, describe how the agency will eliminate du-
plication in conducting administrative functions. 
‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 
OF THE INTERIOR FUNDS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) TRANSFER.—The Secretary shall transfer 
to the Department of the Interior, as a consolidated 
amount for covered programs, the Indian education 
programs under subpart 6 of part A of title I, and 
the education for homeless children and youth pro-
gram under subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act, the amounts allot-
ted to the Department of the Interior under those 
programs. 
‘‘(2) AGREEMENT.— 
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‘‘(A) IN GENERAL.—The Secretary and the 
Secretary of the Interior shall enter into an 
agreement, consistent with the requirements of 
the programs specified in paragraph (1), for the 
distribution and use of those program funds 
under terms that the Secretary determines best 
meet the purposes of those programs. 
‘‘(B) CONTENTS.—The agreement shall— 
‘‘(i) set forth the plans of the Sec-
retary of the Interior for the use of the 
amount transferred and the achievement 
measures to assess program effectiveness; 
and 
‘‘(ii) be developed in consultation with 
Indian tribes. 
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds 
consolidated under this section for its costs related to the 
administration of the funds transferred under this section. 
‘‘PART
C—COORDINATION
OF
PROGRAMS; CONSOLI-
DATED STATE AND LOCAL PLANS AND APPLICA-
TIONS 
‘‘SEC. 5301. PURPOSES. 
‘‘The purposes of this part are— 
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‘‘(1) to improve teaching and learning by en-
couraging greater cross-program coordination, plan-
ning, and service delivery; 
‘‘(2) to provide greater flexibility to State and 
local authorities through consolidated plans, applica-
tions, and reporting; and 
‘‘(3) to enhance the integration of programs 
under this Act with State and local programs. 
‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 
APPLICATIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for 
State educational agencies under this Act, the Sec-
retary, in accordance with subsection (b), shall es-
tablish procedures and criteria under which, after 
consultation with the Governor, a State educational 
agency may submit a consolidated State plan or a 
consolidated State application meeting the require-
ments of this section for— 
‘‘(A) each of the covered programs in 
which the State participates; and 
‘‘(B) such other programs as the Secretary 
may designate. 
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436 
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND 
PLANS.—After consultation with the Governor, a 
State educational agency that submits a consolidated 
State plan or a consolidated State application under 
this section shall not be required to submit separate 
State plans or applications under any of the pro-
grams to which the consolidated State plan or con-
solidated State application under this section ap-
plies. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall 
collaborate with State educational agencies and, as 
appropriate, with other State agencies, local edu-
cational agencies, public and private agencies, orga-
nizations, and institutions, private schools, and par-
ents, students, and teachers. 
‘‘(2) CONTENTS.—Through the collaborative 
process described in paragraph (1), the Secretary 
shall establish, for each program under this Act to 
which this section applies, the descriptions, informa-
tion, assurances, and other material required to be 
included in a consolidated State plan or consolidated 
State application. 
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437 
‘‘(3) NECESSARY
MATERIALS.—The Secretary 
shall require only descriptions, information, assur-
ances (including assurances of compliance with ap-
plicable provisions regarding participation by private 
school children and teachers), and other materials 
that are absolutely necessary for the consideration of 
the consolidated State plan or consolidated State ap-
plication. 
‘‘SEC. 5303. CONSOLIDATED REPORTING. 
‘‘(a) IN GENERAL.—In order to simplify reporting re-
quirements and reduce reporting burdens, the Secretary 
shall establish procedures and criteria under which a State 
educational agency, in consultation with the Governor of 
the State, may submit a consolidated State annual report. 
‘‘(b) CONTENTS.—The report shall contain informa-
tion about the programs included in the report, including 
the performance of the State under those programs, and 
other matters as the Secretary determines are necessary, 
such as monitoring activities. 
‘‘(c) REPLACEMENT.—The report shall replace sepa-
rate individual annual reports for the programs included 
in the consolidated State annual report. 
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438 
‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES. 
‘‘(a) ASSURANCES.—A State educational agency, in 
consultation with the Governor of the State, that submits 
a consolidated State plan or consolidated State application 
under this Act, whether separately or under section 5302, 
shall have on file with the Secretary a single set of assur-
ances, applicable to each program for which the plan or 
application is submitted, that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency, an 
eligible private agency, institution, or organization, 
or an Indian tribe, if the law authorizing the pro-
gram provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister those funds and property to the extent re-
quired by the authorizing law; 
‘‘(3) the State will adopt and use proper meth-
ods of administering each such program, including— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
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439 
nizations, and other recipients responsible for 
carrying out each program; 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and 
‘‘(C) the adoption of written procedures for 
the receipt and resolution of complaints alleging 
violations of law in the administration of the 
programs; 
‘‘(4) the State will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the Secretary or other Federal officials; 
‘‘(5) the State will use such fiscal control and 
fund accounting procedures that will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to the State under each such program; 
‘‘(6) the State will— 
‘‘(A) make reports to the Secretary as may 
be necessary to enable the Secretary to perform 
the Secretary’s duties under each such pro-
gram; and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford such 
access to the records as the Secretary may find 
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440 
necessary to carry out the Secretary’s duties; 
and 
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State afforded a reason-
able opportunity for public comment on the plan or 
application and considered such comment. 
‘‘(b) GEPA PROVISION.—Section 441 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) CONSOLIDATED
PLAN.—A local edu-
cational agency receiving funds under more than one 
covered program may submit plans or applications 
to the State educational agency under those pro-
grams on a consolidated basis. 
‘‘(2) AVAILABILITY TO GOVERNOR.—The State 
educational agency shall make any consolidated local 
plans and applications available to the Governor. 
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has an approved 
consolidated State plan or application under section 5302 
may require local educational agencies in the State receiv-
ing funds under more than one program included in the 
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441 
consolidated State plan or consolidated State application 
to submit consolidated local plans or applications under 
those programs, but may not require those agencies to 
submit separate plans. 
‘‘(c) COLLABORATION.—A State educational agency, 
in consultation with the Governor, shall collaborate with 
local educational agencies in the State in establishing pro-
cedures for the submission of the consolidated State plans 
or consolidated State applications under this section. 
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
tion, assurances, and other material that are absolutely 
necessary for the consideration of the local educational 
agency plan or application. 
‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 
‘‘(a) ASSURANCES.—Any applicant, other than a 
State educational agency that submits a plan or applica-
tion under this Act, shall have on file with the State edu-
cational agency a single set of assurances, applicable to 
each program for which a plan or application is submitted, 
that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
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442 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency or in 
an eligible private agency, institution, organization, 
or Indian tribe, if the law authorizing the program 
provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister the funds and property to the extent re-
quired by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, in-
cluding— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for 
carrying out each program; and 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; 
‘‘(4) the applicant will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the State educational agency, the Secretary, 
or other Federal officials; 
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443 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal 
funds paid to the applicant under each such pro-
gram; 
‘‘(6) the applicant will— 
‘‘(A) submit such reports to the State edu-
cational agency (which shall make the reports 
available to the Governor) and the Secretary as 
the State educational agency and Secretary may 
require to enable the State educational agency 
and the Secretary to perform their duties under 
each such program; and 
‘‘(B) maintain such records, provide such 
information, and afford such access to the 
records as the State educational agency (after 
consultation with the Governor) or the Sec-
retary may reasonably require to carry out the 
State educational agency’s or the Secretary’s 
duties; and 
‘‘(7) before the application was submitted, the 
applicant afforded a reasonable opportunity for pub-
lic comment on the application and considered such 
comment. 
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444 
‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘PART D—WAIVERS 
‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUEST
FOR
WAIVER.—A State edu-
cational agency, local educational agency, or Indian 
tribe that receives funds under a program authorized 
under this Act may submit a request to the Sec-
retary to waive any statutory or regulatory require-
ment of this Act. 
‘‘(2) RECEIPT OF WAIVER.—Except as provided 
in subsection (c) and subject to the limits in sub-
section (b)(5)(A), the Secretary shall waive any stat-
utory or regulatory requirement of this Act for a 
State educational agency, local educational agency, 
Indian tribe, or school (through a local educational 
agency), that submits a waiver request pursuant to 
this subsection. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe that de-
sires a waiver under this section shall submit a waiv-
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445 
er request to the Secretary, which shall include a 
plan that— 
‘‘(A) identifies the Federal programs af-
fected by the requested waiver; 
‘‘(B) describes which Federal statutory or 
regulatory requirements are to be waived; 
‘‘(C) reasonably demonstrates that the 
waiver will improve instruction for students and 
advance student academic achievement; 
‘‘(D) describes the methods the State edu-
cational agency, local educational agency, or In-
dian tribe will use to monitor the effectiveness 
of the implementation of the plan; and 
‘‘(E) describes how schools will continue to 
provide assistance to the same populations 
served by programs for which the waiver is re-
quested. 
‘‘(2) ADDITIONAL INFORMATION.—A waiver re-
quest under this section— 
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies, 
local educational agencies, Indian tribes, and 
schools; and 
‘‘(B) shall be developed and submitted— 
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‘‘(i)(I) by local educational agencies 
(on behalf of those agencies and schools) 
to State educational agencies; and 
‘‘(II) by State educational agencies 
(on their own behalf, or on behalf of, and 
based on the requests of, local educational 
agencies in the State) to the Secretary; or 
‘‘(ii) by Indian tribes (on behalf of 
schools operated by the tribes) to the Sec-
retary. 
‘‘(3) GENERAL REQUIREMENTS.— 
‘‘(A) STATE EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
State educational agency acting on its own be-
half, or on behalf of local educational agencies 
in the State, the State educational agency 
shall— 
‘‘(i) provide the public and local edu-
cational agencies in the State with notice 
and a reasonable opportunity to comment 
and provide input on the request; 
‘‘(ii) submit the comments and input 
to the Secretary, with a description of how 
the State addressed the comments and 
input; and 
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447 
‘‘(iii) provide notice and a reasonable 
time to comment to the public and local 
educational agencies in the manner in 
which the applying agency customarily pro-
vides similar notice and opportunity to 
comment to the public. 
‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
local educational agency that receives funds 
under this Act— 
‘‘(i) the request shall be reviewed by 
the State educational agency and be ac-
companied by the comments, if any, of the 
State educational agency and the public; 
and 
‘‘(ii) notice and a reasonable oppor-
tunity to comment regarding the waiver re-
quest shall be provided to the State edu-
cational agency and the public by the agen-
cy requesting the waiver in the manner in 
which that agency customarily provides 
similar notice and opportunity to comment 
to the public. 
‘‘(4) PEER REVIEW.— 
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448 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a multi-disciplinary peer review 
team, which shall meet the requirements of sec-
tion 5543, to review waiver requests under this 
section. 
‘‘(B) APPLICABILITY.—The Secretary may 
approve a waiver request under this section 
without conducting a peer review of the request, 
but shall use the peer review process under this 
paragraph before disapproving such a request. 
‘‘(C) STANDARD
AND
NATURE
OF
RE-
VIEW.—Peer reviewers shall conduct a good 
faith review of waiver requests submitted to 
them under this section. Peer reviewers shall re-
view such waiver requests— 
‘‘(i) in their totality; 
‘‘(ii) in deference to State and local 
judgment; and 
‘‘(iii) with the goal of promoting 
State- and local-led innovation. 
‘‘(5) WAIVER
DETERMINATION, DEMONSTRA-
TION, AND REVISION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
approve a waiver request not more than 60 
days after the date on which such request is 
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449 
submitted, unless the Secretary determines and 
demonstrates that— 
‘‘(i) the waiver request does not meet 
the requirements of this section; 
‘‘(ii) the waiver is not permitted under 
subsection (c); 
‘‘(iii) the plan that is required under 
paragraph (1)(C), and reviewed with def-
erence to State and local judgment, pro-
vides no reasonable evidence to determine 
that a waiver will enhance student aca-
demic achievement; or 
‘‘(iv) the waiver request does not pro-
vide for adequate evaluation to ensure re-
view and continuous improvement of the 
plan. 
‘‘(B) WAIVER DETERMINATION AND REVI-
SION.—If the Secretary determines and dem-
onstrates that the waiver request does not meet 
the requirements of this section, the Secretary 
shall— 
‘‘(i) immediately— 
‘‘(I) notify the State educational 
agency, local educational agency, or 
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450 
Indian tribe of such determination; 
and 
‘‘(II) at the request of the State 
educational agency, local educational 
agency, or Indian tribe, provide de-
tailed reasons for such determination 
in writing; 
‘‘(ii) offer the State educational agen-
cy, local educational agency, or Indian 
tribe an opportunity to revise and resubmit 
the waiver request not more than 60 days 
after the date of such determination; and 
‘‘(iii) if the Secretary determines that 
the resubmission does not meet the re-
quirements of this section, at the request 
of the State educational agency, local edu-
cational agency, or Indian tribe, conduct a 
public hearing not more than 30 days after 
the date of such resubmission. 
‘‘(C) WAIVER
DISAPPROVAL.—The Sec-
retary may disapprove a waiver request if— 
‘‘(i) the State educational agency, 
local educational agency, or Indian tribe 
has been notified and offered an oppor-
tunity to revise and resubmit the waiver 
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451 
request, as described under clauses (i) and 
(ii) of subparagraph (B); and 
‘‘(ii) the State educational agency, 
local educational agency, or Indian tribe— 
‘‘(I) does not revise and resubmit 
the waiver request; or 
‘‘(II) revises and resubmits the 
waiver request, and the Secretary de-
termines that such waiver request 
does not meet the requirements of this 
section after a hearing conducted 
under subparagraph (B)(iii), if re-
quested. 
‘‘(D) EXTERNAL CONDITIONS.—The Sec-
retary shall not, directly or indirectly, require or 
impose new or additional requirements in ex-
change for receipt of a waiver if such require-
ments are not specified in this Act. 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory require-
ments relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, Indian tribes, or 
other recipients of funds under this Act; 
‘‘(2) comparability of services; 
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452 
‘‘(3) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(4) equitable participation of private school 
students and teachers; 
‘‘(5) parental participation and involvement; 
‘‘(6) applicable civil rights requirements; 
‘‘(7) the prohibitions— 
‘‘(A) in subpart 2 of part E; 
‘‘(B) regarding use of funds for religious 
worship or instruction in section 5505; and 
‘‘(C) regarding activities in section 5524; 
or 
‘‘(8) the selection of a school attendance area or 
school under subsections (a) and (b) of section 1113, 
except that the Secretary may grant a waiver to 
allow a school attendance area or school to partici-
pate in activities under subpart 1 of part A of title 
I if the percentage of children from low-income fami-
lies in the school attendance area or who attend the 
school is not more than 10 percentage points below 
the lowest percentage of those children for any 
school attendance area or school of the local edu-
cational agency that meets the requirements of sub-
sections (a) and (b) of section 1113. 
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453 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI-
TATIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a waiver approved by the Secretary under 
this section may be for a period not to exceed 3 
years. 
‘‘(2) EXTENSION.—The Secretary may extend 
the period described in paragraph (1) if the State 
demonstrates that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipient to carry out 
the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student achievement; and 
‘‘(B) the extension is in the public interest. 
‘‘(3) SPECIFIC
LIMITATIONS.—The Secretary 
shall not require a State educational agency, local 
educational agency, or Indian tribe, as a condition of 
approval of a waiver request, to— 
‘‘(A) include in, or delete from, such re-
quest, specific academic standards; 
‘‘(B) use specific academic assessment in-
struments or items; or 
‘‘(C) include in, or delete from, such waiv-
er request any criterion that specifies, defines, 
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454 
describes, or prescribes the standards or meas-
ures that a State or local educational agency or 
Indian tribe uses to establish, implement, or im-
prove— 
‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
‘‘(iii) State accountability systems; or 
‘‘(iv) teacher and school leader evalua-
tion systems. 
‘‘(e) REPORTS.— 
‘‘(1) WAIVER REPORTS.—A State educational 
agency, local educational agency, or Indian tribe 
that receives a waiver under this section shall, at the 
end of the second year for which a waiver is received 
under this section and each subsequent year, submit 
a report to the Secretary that— 
‘‘(A) describes the uses of the waiver by 
the agency or by schools; 
‘‘(B) describes how schools continued to 
provide assistance to the same populations 
served by the programs for which waivers were 
granted; and 
‘‘(C) evaluates the progress of the agency 
and schools, or Indian tribe, in improving the 
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455 
quality of instruction or the academic achieve-
ment of students. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a re-
port— 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing the status of the waivers 
in improving academic achievement. 
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary 
shall terminate a waiver under this section if the Secretary 
determines, after notice and an opportunity for a hearing, 
that the performance of the State or other recipient af-
fected by the waiver has been inadequate to justify a con-
tinuation of the waiver and the recipient of the waiver has 
failed to make revisions needed to carry out the purpose 
of the waiver, or if the waiver is no longer necessary to 
achieve its original purpose. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be 
published in the Federal Register and the Secretary shall 
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456 
provide for the dissemination of the notice to State edu-
cational agencies, interested parties, including educators, 
parents, students, advocacy and civil rights organizations, 
and the public. 
‘‘PART E—UNIFORM PROVISIONS 
‘‘SUBPART 1—PRIVATE SCHOOLS 
‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the 
number of eligible children in areas served by a 
State educational agency, local educational agency, 
educational service agency, consortium of those 
agencies, or another entity receiving financial assist-
ance under a program specified in subsection (b), 
who are enrolled in private elementary schools and 
secondary schools in areas served by such agency, 
consortium, or entity, the agency, consortium, or en-
tity shall, after timely and meaningful consultation 
with appropriate private school officials or their rep-
resentatives, provide to those children and their 
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits that address their needs under the program. 
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‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services 
or other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.—Educational services and 
other benefits provided under this section for private 
school children, teachers, and other educational per-
sonnel shall be equitable in comparison to services 
and other benefits for public school children, teach-
ers, and other educational personnel participating in 
the program and shall be provided in a timely man-
ner. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children, teachers, and other 
service personnel shall be equal to the expendi-
tures for participating public school children, 
taking into account the number and educational 
needs, of the children to be served. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
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‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agen-
cy; and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to 
serve such children in the following fiscal 
year. 
‘‘(C) 
NOTICE
OF
ALLOCATION.—Each 
State educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION
OF
SERVICES.—An agency, 
consortium, or entity described in subsection (a)(1) 
of this section may provide those services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
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‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) subpart 2 of part A of title I; 
‘‘(B) subpart 4 of part A of title I; 
‘‘(C) part A of title II; 
‘‘(D) part B of title II; and 
‘‘(E) part B of title III. 
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a State educational agency, 
local educational agency, educational service agency, 
consortium of those agencies, or entity shall consult, 
in order to reach an agreement, with appropriate 
private school officials or their representatives dur-
ing the design and development of the programs 
under this Act, on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
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‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be assessed and 
how the results of the assessment will be used 
to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, teachers, and other educational 
personnel and the amount of funds available for 
those services; 
‘‘(F) how and when the agency, consor-
tium, or entity will make decisions about the 
delivery of services, including a thorough con-
sideration and analysis of the views of the pri-
vate school officials or their representatives on 
the provision of services through potential 
third-party providers or contractors; and 
‘‘(G) how, if the agency disagrees with the 
views of the private school officials or their rep-
resentatives on the provision of services through 
a contract, the local educational agency will 
provide in writing to such private school offi-
cials or their representatives an analysis of the 
reasons why the local educational agency has 
chosen not to use a contractor. 
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461 
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium, or entity disagrees with the views of the pri-
vate school officials or their representatives with re-
spect to an issue described in paragraph (1), the 
agency, consortium, or entity shall provide to the 
private school officials or their representatives a 
written explanation of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials or their rep-
resentatives. 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the 
opportunities of eligible private school children, 
teachers, and other educational personnel to partici-
pate in programs under this Act, and shall continue 
throughout the implementation and assessment of 
activities under this section. 
‘‘(4) DISCUSSION REQUIRED.—The consultation 
required by paragraph (1) shall include a discussion 
of service delivery mechanisms that the agency, con-
sortium, or entity could use to provide equitable 
services to eligible private school children, teachers, 
administrators, and other staff. 
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‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or their rep-
resentatives of each participating private school that 
the meaningful consultation required by this section 
has occurred. The written affirmation shall provide 
the option for private school officials or their rep-
resentatives to indicate that timely and meaningful 
consultation has not occurred or that the program 
design is not equitable with respect to eligible pri-
vate school children. If such officials or their rep-
resentatives do not provide such affirmation within 
a reasonable period of time, the local educational 
agency shall forward the documentation that such 
consultation has, or attempts at such consultation 
have, taken place to the State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—If the consultation re-
quired under this section is with a local edu-
cational agency or educational service agency, a 
private school official or representative shall 
have the right to file a complaint with the State 
educational agency that the consultation re-
quired under this section was not meaningful 
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463 
and timely, did not give due consideration to 
the views of the private school official or rep-
resentative, or did not treat the private school 
or its students equitably as required by this sec-
tion. 
‘‘(B) PROCEDURE.—If the private school 
official or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompli-
ance with this section and all parties shall pro-
vide the appropriate documentation to the ap-
propriate officials or representatives. 
‘‘(C) 
SERVICES.—A 
State 
educational 
agency shall provide services under this section 
directly or through contracts with public and 
private agencies, organizations, and institutions, 
if— 
‘‘(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-
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464 
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. 
‘‘(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. 
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465 
‘‘(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 
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 
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466 
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 
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 
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467 
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. 
‘‘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, or control a State, local educational agency, 
or school’s specific instructional content, academic stand-
ards and assessments, curricula, or program of instruc-
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468 
tion, nor shall anything in this Act be construed to author-
ize such officer or employee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee 
of the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative 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 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. 
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469 
‘‘(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 designed to be used in an elementary 
school or secondary 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-
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470 
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. 
‘‘(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. 
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471 
‘‘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 
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 
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472 
who are victims of, or witnesses to, crime or who il-
legally use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act; 
‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage 
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. 5526. 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. 
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473 
‘‘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 
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 
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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). 
‘‘(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 
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475 
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 
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. 
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‘‘(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-
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. 
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‘‘(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. 
‘‘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. 5549. 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 
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478 
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 
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); and 
‘‘(C) how the Secretary reduced the num-
ber of employees at the Department under 
paragraph (3). 
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479 
‘‘PART F—EVALUATIONS 
‘‘SEC. 5601. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided 
in subsections (c) and (d), the Secretary may reserve not 
more than 0.5 percent of the amount appropriated to 
carry out each categorical program authorized under this 
Act. The 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 
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480 
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— 
‘‘(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. 
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481 
‘‘(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 
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; 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— 
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482 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 5502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
5501’’; and 
(III) in subsection (d), by 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; 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— 
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483 
(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; 7905) are— 
(i) transferred to title V, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 5544 of such 
title; and 
(iii) redesignated as sections 5545 
through 5547, respectively. 
(2) TITLE IV.—Sections 4141 and 4155 (20 
U.S.C. 7151; 7161) are— 
(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 201(b)(1) of this title, is repealed. 
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484 
SEC. 503. OTHER LAWS. 
Beginning on the date of the enactment of this Act, 
any reference in law to the term ‘‘highly qualified’’ as de-
fined in section 9101 of the Elementary and Secondary 
Education Act of 1965 shall be treated as a reference to 
such term under section 9101 of the Elementary and Sec-
ondary Education Act of 1965 as in effect on the day 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—REPEAL 
SEC. 601. REPEAL OF TITLE VI. 
The Act is amended by striking title VI (20 U.S.C. 
7301 et seq.). 
TITLE VII—HOMELESS 
EDUCATION 
SEC. 701. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regula-
tions, practices, or policies may act as a barrier to 
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485 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies will review and under-
take steps to revise such laws, regulations, practices, 
or policies to ensure that homeless children and 
youths are afforded the same free, appropriate pub-
lic education as is provided to other children and 
youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
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486 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant 
funds from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) 
that enable such children and youths to enroll in, at-
tend, and succeed in school, or, if appropriate, in 
preschool programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in 
this subtitle’’; and 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
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487 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific needs in the 
education of homeless children and youths.’’; 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sums’’ and inserting 
‘‘grant funds’’; and 
(ii) by inserting ‘‘a State under sub-
section (a) to’’ after ‘‘each year to’’; 
(B) in paragraph (2), by striking ‘‘funds 
made available for State use under this sub-
title’’ and inserting ‘‘the grant funds remaining 
after the State educational agency distributes 
subgrants under paragraph (1)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; and 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
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488 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’; 
(bb) by striking ‘‘and’’ at 
the end of subclause (II); 
(cc) by striking the period at 
the end of subclause (III) and in-
serting ‘‘; and’’; and 
(dd) by adding at the end 
the following: 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and 
(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as fol-
lows: 
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489 
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on— 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining 
access to public preschool programs and to pub-
lic elementary schools and secondary schools; 
‘‘(C) the difficulties in identifying the spe-
cial needs and barriers to the participation and 
achievement of such children and youths; 
‘‘(D) any progress made by the State edu-
cational agency and local educational agencies 
in the State in addressing such problems and 
difficulties; and 
‘‘(E) the success of the programs under 
this subtitle in identifying homeless children 
and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; 
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490 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, a report containing information 
necessary to assess the educational needs of home-
less children and youths within the State, including 
data necessary for the Secretary to fulfill the respon-
sibilities under section 724(h); 
‘‘(4) in order to improve the provision of com-
prehensive education and related support services to 
homeless children and youths and their families, co-
ordinate and collaborate with— 
‘‘(A) educators, including teachers, special 
education personnel, administrators, and child 
development and preschool program personnel; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
services of public and private child welfare and 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of serv-
ices and programs funded under the Runaway 
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491 
and Homeless Youth Act (42 U.S.C. 5701 et 
seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children 
and youths, and their families, including public 
housing agencies, shelter operators, operators of 
transitional housing facilities, and providers of 
transitional 
living 
programs 
for 
homeless 
youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; and 
‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(5) provide technical assistance to local edu-
cational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of subsection 
(e)(3), paragraphs (3) through (7) of subsection (g), 
and subsection (h); 
‘‘(6) provide professional development opportu-
nities for local educational agency personnel and the 
homeless 
liaison 
designated 
under 
subsection 
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492 
(g)(1)(J)(ii) to assist such personnel in meeting the 
needs of homeless children and youths; and 
‘‘(7) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives 
the full protections and services provided by this 
subtitle.’’; 
(7) by amending subsection (g) to read as fol-
lows: 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—In order to be eligible to 
receive a grant under this section, each State edu-
cational agency shall submit to the Secretary a plan 
to provide for the education of homeless children 
and youths within the State that includes the fol-
lowing: 
‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same State academic stand-
ards that all students are expected to meet. 
‘‘(B) A description of the procedures the 
State educational agency will use to identify 
such children and youths in the State and to 
assess their needs. 
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493 
‘‘(C) A description of procedures for the 
prompt resolution of disputes regarding the 
educational placement of homeless children and 
youths. 
‘‘(D) A description of programs for school 
personnel (including liaisons, school leaders, at-
tendance officers, teachers, enrollment per-
sonnel, and specialized instructional support 
personnel) to heighten the awareness of such 
personnel of the specific needs of homeless ado-
lescents, including runaway and homeless 
youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths who 
meet the relevant eligibility criteria are able to 
participate in Federal, State, or local nutrition 
programs. 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have equal ac-
cess to public preschool programs, adminis-
tered by the State educational agency or 
local educational agency, as provided to 
other children in the State; 
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494 
‘‘(ii) homeless youths and youths sep-
arated from public schools are identified 
and accorded equal access to appropriate 
secondary education and support services; 
and 
‘‘(iii) homeless children and youth 
who meet the relevant eligibility criteria 
are able to participate in Federal, State, or 
local education programs. 
‘‘(G) Strategies to address problems identi-
fied in the report provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including problems resulting 
from enrollment delays that are caused by— 
‘‘(i) immunization and other health 
records requirements; 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
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495 
‘‘(I) A demonstration that the State edu-
cational agency and local educational agencies 
in the State have developed, and shall review 
and revise, policies to remove barriers to the 
identification, enrollment, and retention of 
homeless children and youths in schools in the 
State. 
‘‘(J) Assurances that the following will be 
carried out: 
‘‘(i) The State educational agency and 
local educational agencies in the State will 
adopt policies and practices to ensure that 
homeless children and youths are not stig-
matized or segregated on the basis of their 
status as homeless. 
‘‘(ii) Local educational agencies will 
designate an appropriate staff person, who 
may also be a coordinator for other Fed-
eral programs, as a local educational agen-
cy liaison for homeless children and 
youths, to carry out the duties described in 
paragraph (6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
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