166 
‘‘(4) Implementing, within the entire jurisdic-
tion of a local educational agency, agencywide pro-
grams for restructuring, reforming, and upgrading 
all relevant programs, activities, and operations re-
lating to language instruction educational programs 
and academic content instruction for English learn-
ers and immigrant children and youth. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en-
tity receiving funds under section 1193(a) for a fiscal year 
shall use not more than 2 percent of such funds for the 
cost of administering this chapter. 
‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi-
ble entity receiving funds under section 1193(a) shall use 
the funds— 
‘‘(1) to increase the English language pro-
ficiency of English learners by providing high-qual-
ity, evidence-based language instruction educational 
programs that meet the needs of English learners 
and have demonstrated success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement in the 
core academic subjects; 
‘‘(2) to provide high-quality, evidence-based 
professional development to classroom teachers (in-
cluding teachers in classroom settings that are not 
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the settings of language instruction educational pro-
grams), school leaders, administrators, and other 
school or community-based organization personnel, 
that is— 
‘‘(A) designed to improve the instruction 
and assessment of English learners; 
‘‘(B) designed to enhance the ability of 
teachers and school leaders to understand and 
implement curricula, assessment practices and 
measures, and instruction strategies for English 
learners; 
‘‘(C) evidence-based in increasing chil-
dren’s English language proficiency or substan-
tially increasing the subject matter knowledge, 
teaching knowledge, and teaching skills of 
teachers; and 
‘‘(D) of sufficient intensity and duration 
(which shall not include activities such as one- 
day or short-term workshops and conferences) 
to have a positive and lasting impact on the 
teachers’ performance in the classroom, except 
that this subparagraph shall not apply to an ac-
tivity that is one component of a long-term, 
comprehensive professional development plan 
established by a teacher and the teacher’s su-
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pervisor based on an assessment of the needs of 
the teacher, the supervisor, the students of the 
teacher, and any local educational agency em-
ploying the teacher, as appropriate; and 
‘‘(3) to provide and implement other evidence- 
based activities and strategies that enhance or sup-
plement language instruction educational programs 
for English learners, including parental and commu-
nity engagement activities and strategies that serve 
to coordinate and align related programs. 
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub-
ject to subsection (c), an eligible entity receiving funds 
under section 1193(a) may use the funds to achieve one 
of the purposes described in subsection (a) by undertaking 
one or more of the following activities: 
‘‘(1) Upgrading program objectives and effec-
tive instruction strategies. 
‘‘(2) Improving the instruction program for 
English learners by identifying, acquiring, and up-
grading curricula, instruction materials, educational 
software, and assessment procedures. 
‘‘(3) Providing to English learners— 
‘‘(A) tutorials and academic or career edu-
cation for English learners; and 
‘‘(B) intensified instruction. 
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‘‘(4) Developing and implementing elementary 
school or secondary school language instruction edu-
cational programs that are coordinated with other 
relevant programs and services. 
‘‘(5) Improving the English language pro-
ficiency and academic achievement of English learn-
ers. 
‘‘(6) Providing community participation pro-
grams, family literacy services, and parent outreach 
and training activities to English learners and their 
families— 
‘‘(A) to improve the English language 
skills of English learners; and 
‘‘(B) to assist parents in helping their chil-
dren to improve their academic achievement 
and becoming active participants in the edu-
cation of their children. 
‘‘(7) Improving the instruction of English learn-
ers by providing for— 
‘‘(A) the acquisition or development of 
educational technology or instructional mate-
rials; 
‘‘(B) access to, and participation in, elec-
tronic networks for materials, training, and 
communication; and 
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‘‘(C) incorporation of the resources de-
scribed in subparagraphs (A) and (B) into cur-
ricula and programs, such as those funded 
under this chapter. 
‘‘(8) Carrying out other activities that are con-
sistent with the purposes of this section. 
‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB-
STANTIAL INCREASES
IN IMMIGRANT CHILDREN
AND 
YOUTH.— 
‘‘(1) IN GENERAL.—An eligible entity receiving 
funds under section 1193(d)(1) shall use the funds 
to pay for activities that provide enhanced instruc-
tional opportunities for immigrant children and 
youth, which may include— 
‘‘(A) family literacy, parent outreach, and 
training activities designed to assist parents to 
become active participants in the education of 
their children; 
‘‘(B) support for personnel, including para-
professionals who have been specifically trained, 
or are being trained, to provide services to im-
migrant children and youth; 
‘‘(C) provision of tutorials, mentoring, and 
academic or career counseling for immigrant 
children and youth; 
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‘‘(D) identification, development, and ac-
quisition of curricular materials, educational 
software, and technologies to be used in the 
program carried out with awarded funds; 
‘‘(E) basic instruction services that are di-
rectly attributable to the presence in the local 
educational agency involved of immigrant chil-
dren and youth, including the payment of costs 
of providing additional classroom supplies, costs 
of transportation, or such other costs as are di-
rectly attributable to such additional basic in-
struction services; 
‘‘(F) other instruction services that are de-
signed to assist immigrant children and youth 
to achieve in elementary schools and secondary 
schools in the United States, such as programs 
of introduction to the educational system and 
civics education; and 
‘‘(G) activities, coordinated with commu-
nity-based organizations, institutions of higher 
education, private sector entities, or other enti-
ties with expertise in working with immigrants, 
to assist parents of immigrant children and 
youth by offering comprehensive community 
services. 
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‘‘(2) DURATION OF SUBGRANTS.—The duration 
of a subgrant made by a State educational agency 
under section 1193(d)(1) shall be determined by the 
agency in its discretion. 
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 
‘‘(1) IN GENERAL.—To receive a subgrant from 
a State educational agency under this chapter, an el-
igible entity shall select one or more methods or 
forms of instruction to be used in the programs and 
activities undertaken by the entity to assist English 
learners to attain English language proficiency and 
meet State academic standards. 
‘‘(2) CONSISTENCY.—Such selection shall be 
consistent with sections 1204 through 1206. 
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 
made available under this chapter shall be used so as to 
supplement the level of Federal, State, and local public 
funds that, in the absence of such availability, would have 
been expended for programs for English learners and im-
migrant children and youth and in no case to supplant 
such Federal, State, and local public funds. 
‘‘SEC. 1195. LOCAL PLANS. 
‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 
a subgrant from the State educational agency under sec-
tion 1193 shall submit a plan to the State educational 
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agency at such time, in such manner, and containing such 
information as the State educational agency may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the evidence-based programs and 
activities proposed to be developed, implemented, 
and administered under the subgrant that will help 
English learners increase their English language 
proficiency and meet the State academic standards; 
‘‘(2) describe how the eligible entity will hold el-
ementary schools and secondary schools receiving 
funds under this chapter accountable for annually 
assessing the English language proficiency of all 
children participating under this subpart, consistent 
with section 1111(b); 
‘‘(3) describe how the eligible entity will pro-
mote parent and community engagement in the edu-
cation of English learners; 
‘‘(4) contain an assurance that the eligible enti-
ty consulted with teachers, researchers, school ad-
ministrators, parents and community members, pub-
lic or private organizations, and institutions of high-
er education, in developing and implementing such 
plan; 
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‘‘(5) describe how language instruction edu-
cational programs carried out under the subgrant 
will ensure that English learners being served by the 
programs develop English language proficiency; and 
‘‘(6) contain assurances that— 
‘‘(A) each local educational agency that is 
included in the eligible entity is complying with 
section 1112(g) prior to, and throughout, each 
school year; and 
‘‘(B) the eligible entity is not in violation 
of any State law, including State constitutional 
law, regarding the education of English learn-
ers, consistent with sections 1205 and 1206. 
‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 
entity receiving a subgrant under section 1193 shall in-
clude in its plan a certification that all teachers in any 
language instruction educational program for English 
learners that is, or will be, funded under this subpart are 
fluent in English and any other language used for instruc-
tion, including having written and oral communications 
skills. 
‘‘CHAPTER B—ADMINISTRATION 
‘‘SEC. 1201. REPORTING. 
‘‘(a) IN GENERAL.—Each eligible entity that receives 
a subgrant from a State educational agency under chapter 
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A shall provide such agency, at the conclusion of every 
second fiscal year during which the subgrant is received, 
with a report, in a form prescribed by the agency, on the 
activities conducted and students served under this sub-
part that includes— 
‘‘(1) a description of the programs and activi-
ties conducted by the entity with funds received 
under chapter A during the two immediately pre-
ceding fiscal years, including how such programs 
and activities supplemented programs funded pri-
marily with State or local funds; 
‘‘(2) a description of the progress made by 
English learners in learning the English language 
and in meeting State academic standards; 
‘‘(3) the number and percentage of English 
learners in the programs and activities attaining 
English language proficiency based on the State 
English language proficiency standards established 
under section 1111(b)(1)(E) by the end of each 
school year, as determined by the State’s English 
language proficiency assessment under section 
1111(b)(2)(D); 
‘‘(4) the number of English learners who exit 
the language instruction educational programs based 
on their attainment of English language proficiency 
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and transitioned to classrooms not tailored for 
English learners; 
‘‘(5) a description of the progress made by 
English learners in meeting the State academic 
standards for each of the 2 years after such children 
are no longer receiving services under this subpart; 
‘‘(6) the number and percentage of English 
learners who have not attained English language 
proficiency within five years of initial classification 
as an English learner and first enrollment in the 
local educational agency; and 
‘‘(7) any such other information as the State 
educational agency may require. 
‘‘(b) USE OF REPORT.—A report provided by an eli-
gible entity under subsection (a) shall be used by the enti-
ty and the State educational agency— 
‘‘(1) to determine the effectiveness of programs 
and activities in assisting children who are English 
learners— 
‘‘(A) to attain English language pro-
ficiency; and 
‘‘(B) to make progress in meeting State 
academic standards under section 1111(b)(1); 
and 
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‘‘(2) upon determining the effectiveness of pro-
grams and activities based on the criteria in para-
graph (1), to decide how to improve programs. 
‘‘SEC. 1202. ANNUAL REPORT. 
‘‘(a) STATES.—Based upon the reports provided to 
a State educational agency under section 1201, each such 
agency that receives a grant under this subpart shall pre-
pare and submit annually to the Secretary a report on pro-
grams and activities carried out by the State educational 
agency under this subpart and the effectiveness of such 
programs and activities in improving the education pro-
vided to English learners. 
‘‘(b) SECRETARY.—Annually, the Secretary shall pre-
pare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate a report— 
‘‘(1) on programs and activities carried out to 
serve English learners under this subpart, and the 
effectiveness of such programs and activities in im-
proving the academic achievement and English lan-
guage proficiency of English learners; 
‘‘(2) on the types of language instruction edu-
cational programs used by local educational agencies 
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or eligible entities receiving funding under this sub-
part to teach English learners; 
‘‘(3) containing a critical synthesis of data re-
ported by eligible entities to States under section 
1201(a); 
‘‘(4) containing a description of technical assist-
ance and other assistance provided by State edu-
cational agencies under section 1191(b)(2)(C); 
‘‘(5) containing an estimate of the number of 
effective teachers working in language instruction 
educational programs and educating English learn-
ers, and an estimate of the number of such teachers 
that will be needed for the succeeding 5 fiscal years; 
‘‘(6) containing the number of programs or ac-
tivities, if any, that were terminated because the en-
tities carrying out the programs or activities were 
not able to reach program goals; 
‘‘(7) containing the number of English learners 
served by eligible entities receiving funding under 
this subpart who were transitioned out of language 
instruction educational programs funded under this 
subpart into classrooms where instruction is not tai-
lored for English learners; and 
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‘‘(8) containing other information gathered 
from other reports submitted to the Secretary under 
this subpart when applicable. 
‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 
‘‘In order to maximize Federal efforts aimed at serv-
ing the educational needs of English learners, the Sec-
retary shall coordinate and ensure close cooperation with 
other entities carrying out programs serving language-mi-
nority and English learners that are administered by the 
Department and other agencies. 
‘‘SEC. 1204. RULES OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed— 
‘‘(1) to prohibit a local educational agency from 
serving English learners simultaneously with chil-
dren with similar educational needs, in the same 
educational settings where appropriate; 
‘‘(2) to require a State or a local educational 
agency to establish, continue, or eliminate any par-
ticular type of instructional program for English 
learners; or 
‘‘(3) to limit the preservation or use of Native 
American languages. 
‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 
‘‘Nothing in this subpart shall be construed to negate 
or supersede State law, or the legal authority under State 
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law of any State agency, State entity, or State public offi-
cial, over programs that are under the jurisdiction of the 
State agency, entity, or official. 
‘‘SEC. 1206. CIVIL RIGHTS. 
‘‘Nothing in this subpart shall be construed in a man-
ner inconsistent with any Federal law guaranteeing a civil 
right. 
‘‘SEC. 1207. PROHIBITION. 
‘‘In carrying out this subpart, the Secretary shall nei-
ther mandate nor preclude the use of a particular cur-
ricular or pedagogical approach to educating English 
learners. 
‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND 
PUERTO RICO. 
‘‘Notwithstanding any other provision of this subpart, 
programs authorized under this subpart that serve Native 
American (including Native American Pacific Islander) 
children and children in the Commonwealth of Puerto Rico 
may include programs of instruction, teacher training, 
curriculum development, evaluation, and assessment de-
signed for Native American children learning and studying 
Native American languages and children of limited Span-
ish proficiency, except that an outcome of programs serv-
ing such children shall be increased English proficiency 
among such children. 
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‘‘CHAPTER C—NATIONAL ACTIVITIES 
‘‘SEC. 
1211. 
NATIONAL 
PROFESSIONAL 
DEVELOPMENT 
PROJECT. 
‘‘The Secretary shall use funds made available under 
section 1191(c)(1)(B) to award grants on a competitive 
basis, for a period of not more than 5 years, to institutions 
of higher education or public or private organizations with 
relevant experience and capacity (in consortia with State 
educational agencies or local educational agencies) to pro-
vide for professional development activities that will im-
prove classroom instruction for English learners and assist 
educational personnel working with such children to meet 
high professional standards, including standards for cer-
tification and licensure as teachers who work in language 
instruction educational programs or serve English learn-
ers. Grants awarded under this subsection may be used— 
‘‘(1) for preservice, evidence-based professional 
development programs that will assist local schools 
and institutions of higher education to upgrade the 
qualifications and skills of educational personnel who 
are not certified or licensed, especially educational 
paraprofessionals; 
‘‘(2) for the development of curricula or other 
instructional strategies appropriate to the needs of 
the consortia participants involved; 
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‘‘(3) to support strategies that strengthen and 
increase parent and community member engagement 
in the education of English learners; and 
‘‘(4) to share and disseminate evidence-based 
practices in the instruction of English learners and 
in increasing their student achievement. 
‘‘CHAPTER D—GENERAL PROVISIONS 
‘‘SEC. 1221. DEFINITIONS. 
‘‘Except as otherwise provided, in this subpart: 
‘‘(1) CHILD.—The term ‘child’ means any indi-
vidual aged 3 through 21. 
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
tiveness, Indian tribe, or tribally sanctioned edu-
cational authority, that is representative of a com-
munity or significant segments of a community and 
that provides educational or related services to indi-
viduals in the community. Such term includes a Na-
tive Hawaiian or Native American Pacific Islander 
native language educational organization. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) one or more local educational agen-
cies; or 
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‘‘(B) one or more local educational agen-
cies, in consortia (or collaboration) with an in-
stitution of higher education, community-based 
organization, or State educational agency. 
‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 
term ‘immigrant children and youth’ means individ-
uals who— 
‘‘(A) are age 3 through 21; 
‘‘(B) were not born in any State; and 
‘‘(C) have not been attending one or more 
schools in any one or more States for more 
than 3 full academic years. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Native vil-
lage or Regional Corporation or Village Corporation 
as defined in or established pursuant to the Alaska 
Native Claims Settlement Act, that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
‘‘(6) LANGUAGE
INSTRUCTION
EDUCATIONAL 
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instruction course— 
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‘‘(A) in which an English learner is placed 
for the purpose of developing and attaining 
English language proficiency, while meeting 
State academic standards, as required by sec-
tion 1111(b)(1); and 
‘‘(B) that may make instructional use of 
both English and a child’s native language to 
enable the child to develop and attain English 
language proficiency, and may include the par-
ticipation of English language proficient chil-
dren if such course is designed to enable all 
participating children to become proficient in 
English and a second language. 
‘‘(7) NATIVE
LANGUAGE.—The term ‘native 
language’, when used with reference to English 
learner, means— 
‘‘(A) the language normally used by such 
individual; or 
‘‘(B) in the case of a child or youth, the 
language normally used by the parents of the 
child or youth. 
‘‘(8) PARAPROFESSIONAL.—The term ‘para-
professional’ means an individual who is employed in 
a preschool, elementary school, or secondary school 
under the supervision of a certified or licensed teach-
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er, including individuals employed in language in-
struction educational programs, special education, 
and migratory education. 
‘‘(9) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 
‘‘The Secretary shall establish and support the oper-
ation of a National Clearinghouse for English Language 
Acquisition and Language Instruction Educational Pro-
grams, which shall collect, analyze, synthesize, and dis-
seminate information about language instruction edu-
cational programs for English learners, and related pro-
grams. The National Clearinghouse shall— 
‘‘(1) be administered as an adjunct clearing-
house of the Educational Resources Information 
Center Clearinghouses system supported by the In-
stitute of Education Sciences; 
‘‘(2) coordinate activities with Federal data and 
information clearinghouses and entities operating 
Federal dissemination networks and systems; 
‘‘(3) develop a system for improving the oper-
ation and effectiveness of federally funded language 
instruction educational programs; 
‘‘(4) collect and disseminate information on— 
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‘‘(A) educational research and processes 
related to the education of English learners; 
and 
‘‘(B) accountability systems that monitor 
the academic progress of English learners in 
language instruction educational programs, in-
cluding information on academic content and 
English language proficiency assessments for 
language instruction educational programs; and 
‘‘(5) publish, on an annual basis, a list of grant 
recipients under this subpart. 
‘‘SEC. 1223. REGULATIONS. 
‘‘In developing regulations under this subpart, the 
Secretary shall consult with State educational agencies 
and local educational agencies, organizations representing 
English learners, and organizations representing teachers 
and other personnel involved in the education of English 
learners. 
‘‘Subpart 5—Rural Education Achievement Program 
‘‘SEC. 1230. PURPOSE. 
‘‘It is the purpose of this subpart to address the 
unique needs of rural school districts that frequently— 
‘‘(1) lack the personnel and resources needed to 
compete effectively for Federal competitive grants; 
and 
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‘‘(2) receive formula grant allocations in 
amounts too small to be effective in meeting their in-
tended purposes. 
‘‘CHAPTER A—SMALL, RURAL SCHOOL 
ACHIEVEMENT PROGRAM 
‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From amounts appropriated 
under section 3(a)(1) for a fiscal year, the Secretary shall 
reserve 0.6 of one percent to award grants to eligible local 
educational agencies to enable the local educational agen-
cies to carry out activities authorized under any of the 
following provisions: 
‘‘(1) Part A of title I. 
‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant under 
subsection (a) to a local educational agency eligible 
under subsection (d) for a fiscal year in an amount 
equal to the initial amount determined under para-
graph (2) for the fiscal year minus the total amount 
received by the agency in subpart 2 of part A of title 
II for the preceding fiscal year. 
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‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 
The initial amount referred to in paragraph (1) is 
equal to $100 multiplied by the total number of stu-
dents in excess of 50 students, in average daily at-
tendance at the schools served by the local edu-
cational agency, plus $20,000, except that the initial 
amount may not exceed $60,000. 
‘‘(3) RATABLE ADJUSTMENT.— 
‘‘(A) IN GENERAL.—If the amount made 
available to carry out this section for any fiscal 
year is not sufficient to pay in full the amounts 
that local educational agencies are eligible to re-
ceive under paragraph (1) for such year, the 
Secretary shall ratably reduce such amounts for 
such year. 
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year, 
payments that were reduced under subpara-
graph (A) shall be increased on the same basis 
as such payments were reduced. 
‘‘(c) DISBURSEMENT.—The Secretary shall disburse 
the funds awarded to a local educational agency under this 
section for a fiscal year not later than July 1 of that fiscal 
year. 
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‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if— 
‘‘(A)(i)(I) the total number of students in 
average daily attendance at all of the schools 
served by the local educational agency is fewer 
than 600; or 
‘‘(II) each county in which a school served 
by the local educational agency is located has a 
total population density of fewer than 10 per-
sons per square mile; and 
‘‘(ii) all of the schools served by the local 
educational agency are designated with a school 
locale code of 41, 42, or 43, as determined by 
the Secretary; or 
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Sec-
retary, in accordance with paragraph (2), 
grants the local educational agency’s request to 
waive the criteria described in subparagraph 
(A)(ii). 
‘‘(2) CERTIFICATION.—The Secretary shall de-
termine whether to waive the criteria described in 
paragraph (1)(A)(ii) based on a demonstration by 
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the local educational agency, and concurrence by the 
State educational agency, that the local educational 
agency is located in an area defined as rural by a 
governmental agency of the State. 
‘‘(3) HOLD
HARMLESS.—For a local edu-
cational agency that is not eligible under this chap-
ter but met the eligibility requirements under this 
subsection as it was in effect prior to the date of the 
enactment of the Student Success Act, the agency 
shall receive— 
‘‘(A) for fiscal year 2016, 75 percent of 
the amount such agency received for fiscal year 
2013; 
‘‘(B) for fiscal year 2017, 50 percent of 
the amount such agency received for fiscal year 
2013; and 
‘‘(C) for fiscal year 2018, 25 percent of 
the amount such agency received for fiscal year 
2013. 
‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu-
cational agency that receives a grant under this chapter 
for a fiscal year is not eligible to receive funds for such 
fiscal year under chapter B. 
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‘‘CHAPTER B—RURAL AND LOW-INCOME 
SCHOOL PROGRAM 
‘‘SEC. 1235. PROGRAM AUTHORIZED. 
‘‘(a) GRANTS TO STATES.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 3(a)(1) for a fiscal year, the 
Secretary shall reserve 0.6 of one percent for this 
chapter for a fiscal year that are not reserved under 
subsection (c) to award grants (from allotments 
made under paragraph (2)) for the fiscal year to 
State educational agencies that have applications 
submitted under section 1237 approved to enable the 
State educational agencies to award grants to eligi-
ble local educational agencies for local authorized ac-
tivities described in section 1236(a). 
‘‘(2) ALLOTMENT.—From amounts described in 
paragraph (1) for a fiscal year, the Secretary shall 
allot to each State educational agency for that fiscal 
year an amount that bears the same ratio to those 
amounts as the number of students in average daily 
attendance served by eligible local educational agen-
cies in the State for that fiscal year bears to the 
number of all such students served by eligible local 
educational agencies in all States for that fiscal 
year. 
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‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 
‘‘(A) ELIGIBILITY AND APPLICATION.—If a 
State educational agency elects not to partici-
pate in the program under this subpart or does 
not have an application submitted under section 
1237 approved, a specially qualified agency in 
such State desiring a grant under this subpart 
may submit an application under such section 
directly to the Secretary to receive an award 
under this subpart. 
‘‘(B) DIRECT
AWARDS.—The Secretary 
may award, on a competitive basis or by for-
mula, the amount the State educational agency 
is eligible to receive under paragraph (2) di-
rectly to a specially qualified agency in the 
State that has submitted an application in ac-
cordance with subparagraph (A) and obtained 
approval of the application. 
‘‘(C) SPECIALLY QUALIFIED AGENCY DE-
FINED.—In this subpart, the term ‘specially 
qualified agency’ means an eligible local edu-
cational agency served by a State educational 
agency that does not participate in a program 
under this subpart in a fiscal year, that may 
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apply directly to the Secretary for a grant in 
such year under this subsection. 
‘‘(b) LOCAL AWARDS.— 
‘‘(1) ELIGIBILITY.—A local educational agency 
shall be eligible to receive a grant under this subpart 
if— 
‘‘(A) 20 percent or more of the children 
ages 5 through 17 years served by the local 
educational agency are from families with in-
comes below the poverty line; and 
‘‘(B) all of the schools served by the agen-
cy are designated with a school locale code of 
32, 33, 41, 42, 43, as determined by the Sec-
retary. 
‘‘(2) AWARD BASIS.—A State educational agen-
cy shall award grants to eligible local educational 
agencies— 
‘‘(A) on a competitive basis; 
‘‘(B) according to a formula based on the 
number of students in average daily attendance 
served by the eligible local educational agencies 
or schools in the State; or 
‘‘(C) according to an alternative formula, 
if, prior to awarding the grants, the State edu-
cational agency demonstrates, to the satisfac-
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tion of the Secretary, that the alternative for-
mula enables the State educational agency to 
allot the grant funds in a manner that serves 
equal or greater concentrations of children from 
families with incomes below the poverty line, 
relative to the concentrations that would be 
served if the State educational agency used the 
formula described in subparagraph (B). 
‘‘(c) RESERVATIONS.—From amounts reserved under 
section 1235(a)(1) for this chapter for a fiscal year, the 
Secretary shall reserve— 
‘‘(1) one-half of 1 percent to make awards to el-
ementary schools or secondary schools operated or 
supported by the Bureau of Indian Education, to 
carry out the activities authorized under this chap-
ter; and 
‘‘(2) one-half of 1 percent to make awards to 
the outlying areas in accordance with their respec-
tive needs, to carry out the activities authorized 
under this chapter. 
‘‘SEC. 1236. USES OF FUNDS. 
‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 
educational agencies under this chapter shall be used for 
activities authorized under any of the following: 
‘‘(1) Part A of title I. 
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‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ADMINISTRATIVE COSTS.—A State educational 
agency receiving a grant under this chapter may not use 
more than 5 percent of the amount of the grant for State 
administrative costs and to provide technical assistance to 
eligible local educational agencies. 
‘‘SEC. 1237. APPLICATIONS. 
‘‘(a) IN GENERAL.—Each State educational agency 
or specially qualified agency desiring to receive a grant 
under this chapter shall submit an application to the Sec-
retary at such time and in such manner as the Secretary 
may require. 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include— 
‘‘(1) a description of how the State educational 
agency or specially qualified agency will ensure eligi-
ble local educational agencies receiving a grant 
under this chapter will use such funds to help stu-
dents meet the State academic standards under sec-
tion 1111(b)(1); 
‘‘(2) if the State educational agency or specially 
qualified agency will competitively award grants to 
eligible local educational agencies, as described in 
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section 1235(b)(2)(A), the application under the sec-
tion shall include— 
‘‘(A) the methods and criteria the State 
educational agency or specially qualified agency 
will use for reviewing applications and awarding 
funds to local educational agencies on a com-
petitive basis; and 
‘‘(B) how the State educational agency or 
specially qualified agency will notify eligible 
local educational agencies of the grant competi-
tion; and 
‘‘(3) a description of how the State educational 
agency or specially qualified agency will provide 
technical assistance to eligible local educational 
agencies to help such agencies implement the activi-
ties described in section 1236(a). 
‘‘SEC. 1238. ACCOUNTABILITY. 
‘‘Each State educational agency or specially qualified 
agency that receives a grant under this chapter shall pre-
pare and submit an annual report to the Secretary. The 
report shall describe— 
‘‘(1) the methods and criteria the State edu-
cational agency or specially qualified agency used to 
award grants to eligible local educational agencies, 
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and to provide assistance to schools, under this 
chapter; 
‘‘(2) how local educational agencies and schools 
used funds provided under this chapter; and 
‘‘(3) the degree to which progress has been 
made toward having all students meet the State aca-
demic standards under section 1111(b)(1). 
‘‘SEC. 1239. CHOICE OF PARTICIPATION. 
‘‘(a) IN GENERAL.—If a local educational agency is 
eligible for funding under chapters A and B of this sub-
part, such local educational agency may receive funds 
under either chapter A or chapter B for a fiscal year, but 
may not receive funds under both chapters. 
‘‘(b) NOTIFICATION.—A local educational agency eli-
gible for both chapters A and B of this subpart shall notify 
the Secretary and the State educational agency under 
which of such chapters such local educational agency in-
tends to receive funds for a fiscal year by a date that is 
established by the Secretary for the notification. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER-
MINATION. 
‘‘(a) CENSUS DETERMINATION.—Each local edu-
cational agency desiring a grant under section 1231 and 
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each local educational agency or specially qualified agency 
desiring a grant under chapter B shall— 
‘‘(1) not later than December 1 of each year, 
conduct a census to determine the number of stu-
dents in average daily attendance in kindergarten 
through grade 12 at the schools served by the agen-
cy; and 
‘‘(2) not later than March 1 of each year, sub-
mit the number described in paragraph (1) to the 
Secretary (and to the State educational agency, in 
the case of a local educational agency seeking a 
grant under subpart 2). 
‘‘(b) PENALTY.—If the Secretary determines that a 
local educational agency or specially qualified agency has 
knowingly submitted false information under subsection 
(a) for the purpose of gaining additional funds under sec-
tion 1231 or chapter B, then the agency shall be fined 
an amount equal to twice the difference between the 
amount the agency received under this section and the cor-
rect amount the agency would have received under section 
1231 or chapter B if the agency had submitted accurate 
information under subsection (a). 
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‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under chapter A or chapter 
B shall be used to supplement, and not supplant, any 
other Federal, State, or local education funds. 
‘‘SEC. 1243. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to pro-
hibit a local educational agency that enters into coopera-
tive arrangements with other local educational agencies for 
the provision of special, compensatory, or other education 
services, pursuant to State law or a written agreement, 
from entering into similar arrangements for the use, or 
the coordination of the use, of the funds made available 
under this subpart.’’. 
(b) STRIKE.—The Act is amended by striking title 
VII (20 U.S.C. 7401 et seq.). 
Subtitle D—National Assessment 
SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 
et seq.) is redesignated as part B of title I. 
(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) are repealed. 
(c) REDESIGNATIONS.—Sections 1501 and 1503 (20 
U.S.C. 6491; 6493) are redesignated as sections 1301 and 
1302, respectively. 
(d) AMENDMENTS TO SECTION 1301.—Section 1301 
(20 U.S.C. 6491), as so redesignated, is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, act-
ing through the Director of the Institute of 
Education Sciences (in this section and section 
1302 referred to as the ‘Director’),’’ after ‘‘The 
Secretary’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (A), by striking 
‘‘reaching the proficient level’’ and all that 
follows and inserting ‘‘graduating high 
school prepared for postsecondary edu-
cation or the workforce.’’; 
(iii) in subparagraph (B), by striking 
‘‘reach the proficient’’ and all that follows 
and inserting ‘‘meet State academic stand-
ards.’’; 
(iv) by striking subparagraphs (D) 
and (G) and redesignating subparagraphs 
(E), (F), and (H) through (O) as subpara-
graphs (D) through (M), respectively; 
(v) in subparagraph (D)(v) (as so re-
designated), by striking ‘‘help schools in 
which’’ and all that follows and inserting 
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‘‘address disparities in the percentages of 
effective teachers teaching in low-income 
schools.’’; 
(vi) in subparagraph (G) (as so redes-
ignated)— 
(I) by striking ‘‘section 1116’’ 
and 
inserting 
‘‘section 
1111(b)(3)(B)(iii)’’; and 
(II) by striking ‘‘, including the 
following’’ and all that follows and in-
serting a period; 
(vii) in subparagraph (I) (as so redes-
ignated), by striking ‘‘qualifications’’ and 
inserting ‘‘effectiveness’’; 
(viii) in subparagraph (J) (as so re-
designated), by striking ‘‘, including funds 
under section 1002,’’; 
(ix) in subparagraph (L) (as so redes-
ignated), 
by 
striking 
‘‘section 
1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sec-
tion 1111(b)(3)(B)(ii)(II)’’; and 
(x) in subparagraph (M) (as so redes-
ignated), by striking ‘‘Secretary’’ and in-
serting ‘‘Director’’; 
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(C) in paragraph (3), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(D) in paragraph (4), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(E) in paragraph (5), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(F) in paragraph (6)— 
(i) by striking ‘‘No Child Left Behind 
Act of 2001’’ each place it appears and in-
serting ‘‘Student Success Act’’; and 
(ii) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Director’’; 
(2) in subsection (b), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking ‘‘part A’’ and inserting 
‘‘subpart 1 of part A’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (B), by striking 
‘‘challenging academic achievement stand-
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203 
ards’’ and inserting ‘‘State academic 
standards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that 
follows and inserting ‘‘extent to which ac-
tions 
authorized 
under 
section 
1111(b)(3)(B)(iii) improve the academic 
achievement of disadvantaged students and 
low-performing schools.’’; and 
(iv) in subparagraph (F), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) analyzes varying models or strategies 
for 
delivering 
school 
services, 
including 
schoolwide and targeted services.’’; and 
(4) in subsection (d), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’. 
(e) AMENDMENTS TO SECTION 1302.—Section 1302 
(20 U.S.C. 6493), as so redesignated, is amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘and for making decisions 
about the promotion and graduation of stu-
dents’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary’’ the first place 
it appears and inserting ‘‘Director’’; 
(B) by striking ‘‘process,’’ and inserting 
‘‘process consistent with section 1111(e)(1),’’; 
and 
(C) by striking ‘‘Assistant Secretary of 
Educational Research and Improvement’’ and 
inserting ‘‘Director’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘to the State-defined level of proficiency’’ 
and inserting ‘‘toward meeting the State 
academic standards’’; and 
(ii) in subparagraph (C), by striking 
‘‘pupil-services’’ and inserting ‘‘specialized 
instructional support services’’; 
(B) in paragraph (3), by striking ‘‘limited 
and nonlimited English proficient students’’ 
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and inserting ‘‘English learners and non- 
English learners’’; and 
(C) in paragraph (6), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(4) in subsection (f)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘authorized to be appro-
priated for this part’’ and inserting ‘‘appro-
priated under section 3(a)(2)’’. 
Subtitle E—Title I General 
Provisions 
SEC. 151. GENERAL PROVISIONS FOR TITLE I. 
Part I of title I (20 U.S.C. 6571 et seq.)— 
(1) is transferred to appear after part B (as re-
designated); and 
(2) is amended to read as follows: 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 1401. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary may, in accord-
ance with subsections (b) through (d), issue such regula-
tions as are necessary to reasonably ensure there is com-
pliance with this title. 
‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 
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‘‘(1) IN
GENERAL.—Before publishing in the 
Federal Register proposed regulations to carry out 
this title, the Secretary shall obtain the advice and 
recommendations of representatives of Federal, 
State, and local administrators, parents, teachers, 
and members of local school boards and other orga-
nizations involved with the implementation and oper-
ation of programs under this title, including those 
representatives and members nominated by local and 
national stakeholder representatives. 
‘‘(2) 
MEETINGS
AND
ELECTRONIC
EX-
CHANGE.—Such advice and recommendations may 
be obtained through such mechanisms as regional 
meetings and electronic exchanges of information. 
Such regional meetings and electronic exchanges of 
information shall be public and notice of such meet-
ings and exchanges shall be provided to interested 
stakeholders. 
‘‘(3) PROPOSED REGULATIONS.—After obtain-
ing such advice and recommendations, and before 
publishing proposed regulations, the Secretary 
shall— 
‘‘(A) establish a negotiated rulemaking 
process; 
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‘‘(B) select individuals to participate in 
such process from among individuals or groups 
that provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States, in such numbers as 
will provide an equitable balance between rep-
resentatives of parents and students and rep-
resentatives of educators and education offi-
cials; and 
‘‘(C) prepare a draft of proposed policy op-
tions that shall be provided to the individuals 
selected by the Secretary under subparagraph 
(B) not less than 15 days before the first meet-
ing under such process. 
‘‘(c) PROPOSED RULEMAKING.—If the Secretary de-
termines that a negotiated rulemaking process is unneces-
sary or the individuals selected to participate in the proc-
ess under paragraph (3)(B) fail to reach unanimous agree-
ment, the Secretary may propose regulations under the 
following procedure: 
‘‘(1) Not less than 30 days prior to beginning 
a rulemaking process, the Secretary shall provide to 
Congress, including the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, 
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and Pensions of the Senate, notice that shall in-
clude— 
‘‘(A) a copy of the proposed regulations; 
‘‘(B) the need to issue regulations; 
‘‘(C) the anticipated burden, including the 
time, cost, and paperwork burden, the regula-
tions will have on State educational agencies, 
local educational agencies, schools, and other 
entities that may be impacted by the regula-
tions; and 
‘‘(D) any regulations that will be repealed 
when the new regulations are issued. 
‘‘(2) 30 days after giving notice of the proposed 
rule to Congress, the Secretary may proceed with 
the rulemaking process after all comments received 
from the Congress have been addressed and pub-
lishing how such comments are addressed with the 
proposed rule. 
‘‘(3) The comment and review period for any 
proposed regulation shall be 90 days unless an emer-
gency requires a shorter period, in which case such 
period shall be not less than 45 days and the Sec-
retary shall— 
‘‘(A) designate the proposed regulation as 
an emergency with an explanation of the emer-
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gency in the notice and report to Congress 
under paragraph (1); and 
‘‘(B) publish the length of the comment 
and review period in such notice and in the 
Federal Register. 
‘‘(4) No regulation shall be made final after the 
comment and review period until the Secretary has 
published in the Federal Register an independent as-
sessment (which shall include a representative sam-
pling of local educational agencies based on local 
educational agency enrollment, urban, suburban, or 
rural character, and other factors impacted by the 
proposed regulation) of— 
‘‘(A) the burden, including the time, cost, 
and paperwork burden, the regulation will im-
pose on State educational agencies, local edu-
cational agencies, schools and other entities 
that may be impacted by the regulation; 
‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may cover the cost 
of the burden assessed under subparagraph (A); 
and 
‘‘(C) the proposed regulation, which thor-
oughly addresses, based on the comments re-
ceived during the comment and review period 
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under paragraph (3), whether the rule is finan-
cially, operationally, and educationally viable at 
the local level. 
‘‘(d) LIMITATION.—Regulations to carry out this title 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a nego-
tiated rule making process is established under subsection 
(b) of section 1401, all published proposed regulations 
shall conform to agreements that result from the rule-
making described in section 1401 unless the Secretary re-
opens the negotiated rulemaking process. 
‘‘(b) RECORDS.—The Secretary shall ensure that an 
accurate and reliable record of agreements reached during 
the negotiations process is maintained. 
‘‘SEC. 1403. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Each State that receives 
funds under this title shall— 
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform 
to the purposes of this title and provide any 
such proposed rules, regulations, and policies to 
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the committee of practitioners created under 
subsection (b) for review and comment; 
‘‘(B) minimize such rules, regulations, and 
policies to which the State’s local educational 
agencies and schools are subject; 
‘‘(C) eliminate or modify State and local 
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds 
under schoolwide programs; 
‘‘(D) identify any such rule, regulation, or 
policy as a State-imposed requirement; and 
‘‘(E)(i) identify any duplicative or con-
trasting requirements between the State and 
Federal rules or regulations; 
‘‘(ii) eliminate the rules and regulations 
that are duplicative of Federal requirements; 
and 
‘‘(iii) report any conflicting requirements 
to the Secretary and determine which Federal 
or State rule or regulation shall be followed. 
‘‘(2) 
SUPPORT
AND
FACILITATION.—State 
rules, regulations, and policies under this title shall 
support and facilitate local educational agency and 
school-level systemic reform designed to enable all 
children to meet the State academic standards. 
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‘‘(b) COMMITTEE OF PRACTITIONERS.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that receives funds under this title shall cre-
ate a State committee of practitioners to advise the 
State in carrying out its responsibilities under this 
title. 
‘‘(2) 
MEMBERSHIP.—Each 
such 
committee 
shall include— 
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies; 
‘‘(B) administrators, including the admin-
istrators of programs described in other parts 
of this title; 
‘‘(C) teachers from public charter schools, 
traditional public schools, and career and tech-
nical educators; 
‘‘(D) parents; 
‘‘(E) members of local school boards; 
‘‘(F) representatives of public charter 
school authorizers; 
‘‘(G) public charter school leaders; 
‘‘(H) representatives of private school chil-
dren; and 
‘‘(I) specialized instructional support per-
sonnel. 
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‘‘(3) DUTIES.—The duties of such committee 
shall include a review, before publication, of any pro-
posed or final State rule or regulation pursuant to 
this title. In an emergency situation where such rule 
or regulation must be issued within a very limited 
time to assist local educational agencies with the op-
eration of the program under this title, the State 
educational agency may issue a regulation without 
prior consultation, but shall immediately thereafter 
convene the State committee of practitioners to re-
view the emergency regulation before issuance in 
final form. 
‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 
SPENDING. 
‘‘Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.’’. 
TITLE 
II—TEACHER 
PREPARA-
TION AND EFFECTIVENESS 
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 
(a) HEADING.—The title heading for title II (20 
U.S.C. 6601 et seq.) is amended to read as follows: 
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‘‘TITLE II—TEACHER PREPARA-
TION AND EFFECTIVENESS’’. 
(b) PART A.—Part A of title II (20 U.S.C. 6601 et 
seq.) is amended to read as follows: 
‘‘PART A—SUPPORTING EFFECTIVE 
INSTRUCTION 
‘‘SEC. 2101. PURPOSE. 
‘‘The purpose of this part is to provide grants to 
State educational agencies and subgrants to local edu-
cational agencies to— 
‘‘(1) increase student achievement consistent 
with State academic standards under section 
1111(b)(1); 
‘‘(2) improve teacher and school leader effec-
tiveness in classrooms and schools, respectively; 
‘‘(3) provide evidence-based, job-embedded, con-
tinuous professional development; and 
‘‘(4) if a State educational agency or local edu-
cational agency so chooses, develop and implement 
teacher evaluation systems that use, in part, student 
achievement data to determine teacher effectiveness. 
‘‘Subpart 1—Grants to States 
‘‘SEC. 2111. ALLOTMENTS TO STATES. 
‘‘(a) IN GENERAL.—Of the amounts appropriated 
under section 3(b), the Secretary shall reserve 75 percent 
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to make grants to States with applications approved under 
section 2112 to pay for the Federal share of the cost of 
carrying out the activities specified in section 2113. Each 
grant shall consist of the allotment determined for a State 
under subsection (b). 
‘‘(b) DETERMINATION OF ALLOTMENTS.— 
‘‘(1) RESERVATION OF FUNDS.—Of the amount 
reserved under subsection (a) for a fiscal year, the 
Secretary shall reserve— 
‘‘(A) not more than 1 percent to carry out 
national activities under section 2132; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
need, as determined by the Secretary, in ac-
cordance with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Sec-
retary of the Interior for programs under this 
part in schools operated or funded by the Bu-
reau of Indian Education. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds reserved under sub-
section (a) for any fiscal year and not reserved 
under paragraph (1), the Secretary shall allot 
to each State the sum of— 
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‘‘(i) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 
17 in the State, as determined by the Sec-
retary on the basis of the most recent sat-
isfactory data, bears to the number of 
those individuals in all such States, as so 
determined; and 
‘‘(ii) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 
17 from families with incomes below the 
poverty line in the State, as determined by 
the Secretary on the basis of the most re-
cent satisfactory data, bears to the number 
of those individuals in all such States, as 
so determined. 
‘‘(B) SMALL STATE MINIMUM.—No State 
receiving an allotment under subparagraph (A) 
may receive less than one-half of 1 percent of 
the total amount of funds allotted under such 
subparagraph for a fiscal year. 
‘‘(C) APPLICABILITY.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply with respect to a fiscal year 
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unless the Secretary certifies in writing to 
Congress for that fiscal year that the 
amount of funds allotted under subpara-
graph (A) to local educational agencies 
that serve a high percentage of students 
from families with incomes below the pov-
erty line is not less than the amount allot-
ted to such local educational agencies for 
fiscal year 2013. 
‘‘(ii) SPECIAL
RULE.—For a fiscal 
year for which subparagraph (A) does not 
apply, the Secretary shall allocate to each 
State the funds described in subparagraph 
(A) according to the formula set forth in 
subsection (b)(2)(B)(i) of this section as in 
effect on the day before the date of enact-
ment of the Student Success Act. 
‘‘(c) REALLOTMENT.—If a State does not apply for 
an allotment under this section for any fiscal year or only 
a portion of the State’s allotment is allotted under sub-
section (c), the Secretary shall reallot the State’s entire 
allotment or the remaining portion of its allotment, as the 
case may be, to the remaining States in accordance with 
subsection (b). 
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‘‘SEC. 2112. STATE APPLICATION. 
‘‘(a) IN GENERAL.—For a State to be eligible to re-
ceive a grant under this subpart, the State educational 
agency shall submit an application to the Secretary at 
such time and in such a manner as the Secretary may 
reasonably require, which shall include the following: 
‘‘(1) A description of how the State educational 
agency will meet the requirements of this subpart. 
‘‘(2) A description of how the State educational 
agency will use a grant received under section 2111, 
including the grant funds the State will reserve for 
State-level activities under section 2113(a)(2). 
‘‘(3) A description of how the State educational 
agency will facilitate the sharing of evidence-based 
and other effective strategies among local edu-
cational agencies. 
‘‘(4) A description of how, and under what 
timeline, the State educational agency will allocate 
subgrants under subpart 2 to local educational agen-
cies. 
‘‘(5) If applicable, a description of how the 
State educational agency will work with local edu-
cational agencies in the State to develop or imple-
ment a teacher or school leader evaluation system. 
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‘‘(6) An assurance that the State educational 
agency will comply with section 6501 (regarding par-
ticipation by private school children and teachers). 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency under subsection (a) shall 
be deemed to be approved by the Secretary unless the Sec-
retary makes a written determination, prior to the expira-
tion of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this subpart. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove an application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that an 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall— 
‘‘(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 a State educational agency re-
sponds to a notification from the Secretary under 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 a State educational 
agency does not respond to a notification from the Sec-
retary under subsection (d)(2) during the 45-day period 
beginning on the date on which the agency received the 
notification, such application shall be deemed to be dis-
approved. 
‘‘SEC. 2113. STATE USE OF FUNDS. 
‘‘(a) IN GENERAL.—A State educational agency that 
receives a grant under section 2111 shall— 
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‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
‘‘(2) use the remainder of the funds, after re-
serving funds under paragraph (1), for the State ac-
tivities described in subsection (b), except that the 
State may reserve not more than 1 percent of the 
grant funds for planning and administration related 
to carrying out activities described in subsection (b). 
‘‘(b) STATE-LEVEL
ACTIVITIES.—A State edu-
cational agency that receives a grant under section 2111— 
‘‘(1) shall use the amount described in sub-
section (a)(2) to fulfill the State educational agen-
cy’s responsibilities with respect to the proper and 
efficient administration of the subgrant program 
carried out under this part; and 
‘‘(2) may use the amount described in sub-
section (a)(2) to— 
‘‘(A) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide 
teacher evaluation system— 
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‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
tem; and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
evaluation system, implementing such eval-
uation system; 
‘‘(B) disseminate and share evidence-based 
and other effective practices, including practices 
consistent with the principles of effectiveness 
described in section 2222(b), related to teacher 
and school leader effectiveness and professional 
development; 
‘‘(C) provide professional development for 
teachers and school leaders in the State con-
sistent with section 2123(6); and 
‘‘(D) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide 
school leader evaluation system, the devel-
opment and implementation of a school 
leader evaluation system; and 
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‘‘(ii) in the case of a State educational 
agency implementing a statewide school 
leader evaluation system, implementing 
such evaluation system. 
‘‘Subpart 2—Subgrants to Local Educational 
Agencies 
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Each State receiving a grant 
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(1) to award subgrants to local educational 
agencies under this section. 
‘‘(b) ALLOCATION OF FUNDS.—From the funds re-
served by a State under section 2113(a)(1), the State edu-
cational agency shall allocate to each local educational 
agency in the State the sum of— 
‘‘(1) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
dividuals age 5 through 17 in the geographic area 
served by the local educational agency, as deter-
mined by the State on the basis of the most recent 
satisfactory data, bears to the number of those indi-
viduals in the geographic areas served by all the 
local educational agencies in the State, as so deter-
mined; and 
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‘‘(2) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
dividuals age 5 through 17 from families with in-
comes below the poverty line in the geographic area 
served by the local educational agency, as deter-
mined by the State on the basis of the most recent 
satisfactory data, bears to the number of those indi-
viduals in the geographic areas served by all the 
local educational agencies in the State, as so deter-
mined. 
‘‘SEC. 2122. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this sub-
part, a local educational agency shall submit an applica-
tion to the State educational agency involved at such time, 
in such a manner, and containing such information as the 
State educational agency may reasonably require that, at 
a minimum, shall include the following: 
‘‘(1) A description of— 
‘‘(A) how the local educational agency will 
meet the requirements of this subpart; 
‘‘(B) how the activities to be carried out by 
the local educational agency under this subpart 
will be evidence-based, improve student aca-
demic achievement, and improve teacher and 
school leader effectiveness; and 
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‘‘(C) if applicable, how, the local edu-
cational agency will work with parents, teach-
ers, school leaders, and other staff of the 
schools served by the local educational agency 
in developing and implementing a teacher eval-
uation system. 
‘‘(2) If applicable, a description of how the local 
educational agency will develop and implement a 
teacher or school leader evaluation system. 
‘‘(3) An assurance that the local educational 
agency will comply with section 6501 (regarding par-
ticipation by private school children and teachers). 
‘‘SEC. 2123. LOCAL USE OF FUNDS. 
‘‘A local educational agency receiving a subgrant 
under this subpart may use such funds for— 
‘‘(1) the development and implementation of a 
teacher evaluation system that may— 
‘‘(A) use student achievement data derived 
from a variety of sources as a significant factor 
in determining a teacher’s evaluation, with the 
weight given to such data defined by the local 
educational agency; 
‘‘(B) use multiple measures of evaluation 
for evaluating teachers; 
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‘‘(C) have more than 2 categories for rat-
ing the performance of teachers; 
‘‘(D) be used to make personnel decisions, 
as determined by the local educational agency; 
and 
‘‘(E) be based on input from parents, 
school leaders, teachers, and other staff of 
schools served by the local educational agency; 
‘‘(2) in the case of a local educational agency 
located in a State implementing a statewide teacher 
evaluation system, implementing such evaluation 
system; 
‘‘(3) the training of school leaders or other indi-
viduals for the purpose of evaluating teachers or 
school leaders under a teacher or school leader eval-
uation system, as appropriate; 
‘‘(4) in the case of a local educational agency 
located in a State implementing a statewide school 
leader evaluation system, to implement such evalua-
tion system; 
‘‘(5) in the case of a local educational agency 
located in a State not implementing a statewide 
school leader evaluation system, the development 
and implementation of a school leader evaluation 
system; 
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‘‘(6) professional development for teachers and 
school leaders that is evidence-based, job-embedded, 
and continuous, such as— 
‘‘(A) subject-based professional develop-
ment for teachers, including for teachers of 
civic education, including for teachers of com-
puter science and other science, technology, en-
gineering, and mathematics subjects; 
‘‘(B) professional development aligned with 
the State’s academic standards; 
‘‘(C) professional development to assist 
teachers in meeting the needs of students with 
different learning styles, particularly students 
with disabilities, English learners, and gifted 
and talented students; 
‘‘(D) professional development for teachers 
or school leaders identified as in need of addi-
tional support through data provided by a 
teacher or school leader evaluation system, as 
appropriate; 
‘‘(E) professional development based on 
the current science of learning, which includes 
research on positive brain change and cognitive 
skill development; 
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‘‘(F) professional development for school 
leaders, including evidence-based mentorship 
programs for such leaders; 
‘‘(G) professional development on inte-
grated, 
interdisciplinary, 
and 
project-based 
teaching strategies, including for career and 
technical education teachers and teachers of 
computer science and other science, technology, 
engineering, and mathematics subjects; or 
‘‘(H) professional development on teaching 
dual credit, dual enrollment, Advanced Place-
ment, or International Baccalaureate postsec-
ondary-level courses to secondary school stu-
dents; 
‘‘(7) partnering with a public or private organi-
zation or a consortium of such organizations to de-
velop and implement a teacher evaluation system de-
scribed in subparagraph (A) or (B) of paragraph 
(1), or to administer professional development, as 
appropriate; 
‘‘(8) any activities authorized under section 
2222(a); or 
‘‘(9) class size reduction, except that the local 
educational agency may use not more than 10 per-
cent of such funds for this purpose. 
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‘‘Subpart 3—General Provisions 
‘‘SEC. 2131. REPORTING REQUIREMENTS. 
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 
educational agency receiving a subgrant under subpart 2 
shall submit to the State educational agency involved, on 
an annual basis until the last year in which the local edu-
cational agency receives such subgrant funds, a report 
on— 
‘‘(1) how the local educational agency is meet-
ing the purposes of this part described in section 
2101; 
‘‘(2) how the local educational agency is using 
such subgrant funds; 
‘‘(3) in the case of a local educational agency 
implementing a teacher or school leader evaluation 
system, the results of such evaluation system, except 
that such report shall not reveal personally identifi-
able information about an individual teacher or 
school leader; and 
‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency receiving a grant under subpart 1 shall 
submit to the Secretary a report, on an annual basis until 
the last year in which the State educational agency re-
ceives such grant funds, on— 
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‘‘(1) how the State educational agency is meet-
ing the purposes of this part described in section 
2101; and 
‘‘(2) how the State educational agency is using 
such grant funds. 
‘‘SEC. 2132. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2111(b)(1)(A), the Secretary shall, directly or 
through grants and contracts— 
‘‘(1) provide technical assistance to States and 
local educational agencies in carrying out activities 
under this part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by State educational agencies and local 
educational agencies under this part. 
‘‘SEC. 2133. STATE DEFINED. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
(c) PART B.—Part B of title II (20 U.S.C. 6661 et 
seq.) is amended to read as follows: 
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‘‘PART B—TEACHER AND SCHOOL LEADER 
FLEXIBLE GRANT 
‘‘SEC. 2201. PURPOSE. 
‘‘The purpose of this part is to improve student aca-
demic achievement by— 
‘‘(1) supporting all State educational agencies, 
local educational agencies, schools, teachers, and 
school leaders to pursue innovative and evidence- 
based practices to help all students meet the State’s 
academic standards; and 
‘‘(2) increasing the number of teachers and 
school leaders who are effective in increasing student 
academic achievement. 
‘‘Subpart 1—Formula Grants to States 
‘‘SEC. 2211. STATE ALLOTMENTS. 
‘‘(a) RESERVATIONS.—From the amount appro-
priated under section 3(b) for any fiscal year, the Sec-
retary— 
‘‘(1) shall reserve 25 percent to award grants to 
States under this subpart; and 
‘‘(2) of the amount reserved under paragraph 
(1), shall reserve— 
‘‘(A) not more than 1 percent for national 
activities described in section 2233; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
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need, as determined by the Secretary, in ac-
cordance with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Sec-
retary of the Interior for programs under this 
part in schools operated or funded by the Bu-
reau of Indian Education. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) IN GENERAL.—From the total amount re-
served under subsection (a)(1) for each fiscal year 
and not reserved under subparagraphs (A) through 
(C) of subsection (a)(2), the Secretary shall allot, 
and make available in accordance with this section, 
to each State an amount that bears the same ratio 
to such sums as the school-age population of the 
State bears to the school-age population of all 
States. 
‘‘(2) SMALL STATE MINIMUM.—No State receiv-
ing an allotment under paragraph (1) may receive 
less than one-half of 1 percent of the total amount 
allotted under such paragraph. 
‘‘(3) REALLOTMENT.—If a State does not re-
ceive an allotment under this subpart for a fiscal 
year, the Secretary shall reallot the amount of the 
State’s allotment to the remaining States in accord-
ance with this section. 
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‘‘(c) STATE APPLICATION.—In order to receive an al-
lotment under this section for any fiscal year, a State shall 
submit an application to the Secretary, at such time and 
in such manner as the Secretary may reasonably require. 
Such application shall— 
‘‘(1) designate the State educational agency as 
the agency responsible for the administration and 
supervision of programs assisted under this part; 
‘‘(2) describe how the State educational agency 
will use funds received under this section for State 
level activities described in subsection (d)(3); 
‘‘(3) describe the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding subgrants in a timely manner 
to eligible entities under section 2221 on a competi-
tive basis; 
‘‘(4) describe how the State educational agency 
will ensure that subgrants made under section 2221 
are of sufficient size and scope to support effective 
programs that will help increase academic achieve-
ment in the classroom and are consistent with the 
purposes of this part; 
‘‘(5) describe the steps the State educational 
agency will take to ensure that eligible entities use 
subgrants received under section 2221 to carry out 
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programs that implement effective strategies, includ-
ing by providing ongoing technical assistance and 
training, and disseminating evidence-based and other 
effective strategies to such eligible entities; 
‘‘(6) describe how programs under this part will 
be coordinated with other programs under this Act; 
and 
‘‘(7) include an assurance that, other than pro-
viding technical and advisory assistance and moni-
toring compliance with this part, the State edu-
cational agency has not exercised, and will not exer-
cise, any influence in the decisionmaking processes 
of eligible entities as to the expenditure of funds 
made pursuant to an application submitted under 
section 2221(b). 
‘‘(d) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this section shall reserve not less 
than 92 percent of the amount allotted to such State 
under subsection (b), for each fiscal year, for sub-
grants to eligible entities under subpart 2. 
‘‘(2) STATE
ADMINISTRATION.—A State edu-
cational agency may reserve not more than 1 percent 
of the amount made available to the State under 
subsection (b) for the administrative costs of car-
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rying out such State educational agency’s respon-
sibilities under this subpart. 
‘‘(3) STATE-LEVEL ACTIVITIES.— 
‘‘(A) INNOVATIVE TEACHER AND SCHOOL 
LEADER
ACTIVITIES.—A 
State 
educational 
agency shall reserve not more than 4 percent of 
the amount made available to the State under 
subsection (b) to carry out, solely, or in part-
nership with State agencies of higher education, 
1 or more of the following activities: 
‘‘(i) Reforming teacher and school 
leader certification, recertification, licens-
ing, and tenure systems to ensure that 
such systems are rigorous and that— 
‘‘(I) each teacher has the subject 
matter knowledge and teaching skills 
necessary to help students meet the 
State’s academic standards; and 
‘‘(II) school leaders have the in-
structional leadership skills to help 
teachers instruct and students learn. 
‘‘(ii) Improving the quality of teacher 
preparation programs within the State, in-
cluding through the use of appropriate stu-
dent achievement data and other factors to 
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evaluate the quality of teacher preparation 
programs within the State. 
‘‘(iii) Carrying out programs that es-
tablish, expand, or improve alternative 
routes for State certification or licensure of 
teachers and school leaders, including such 
programs for— 
‘‘(I) 
mid-career 
professionals 
from other occupations, including 
computer science and other science, 
technology, engineering, and math 
fields; 
‘‘(II) former military personnel; 
and 
‘‘(III) recent graduates of an in-
stitution of higher education, with a 
record of academic distinction, who 
demonstrate the potential to become 
effective teachers or school leaders. 
‘‘(iv) Developing, or assisting eligible 
entities in developing— 
‘‘(I) performance-based pay sys-
tems for teachers and school leaders; 
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‘‘(II) strategies that provide dif-
ferential, incentive, or bonus pay for 
teachers and school leaders; or 
‘‘(III) teacher and school leader 
advancement initiatives that promote 
professional growth and emphasize 
multiple career paths and pay dif-
ferentiation. 
‘‘(v) Developing, or assisting eligible 
entities in developing, new, evidence-based 
teacher and school leader induction and 
mentoring programs that are designed 
to— 
‘‘(I) improve instruction and stu-
dent academic achievement; and 
‘‘(II) increase the retention of ef-
fective teachers and school leaders. 
‘‘(vi) Providing professional develop-
ment for teachers and school leaders that 
is focused on improving teaching and stu-
dent academic achievement, including for 
students with different learning styles, par-
ticularly students with disabilities, English 
learners, gifted and talented students, and 
other special populations. 
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‘‘(vii) Providing training and technical 
assistance to eligible entities that receive a 
subgrant under section 2221. 
‘‘(viii) Other activities identified by 
the State educational agency that meet the 
purposes of this part, including those ac-
tivities authorized under subparagraph 
(B). 
‘‘(B) TEACHER OR SCHOOL LEADER PREP-
ARATION ACADEMIES.— 
‘‘(i) IN GENERAL.—In the case of a 
State in which teacher or school leader 
preparation academies are allowable under 
State law, a State educational agency may 
reserve not more than 3 percent of the 
amount made available to the State under 
subsection (b) to support the establishment 
or expansion of one or more teacher or 
school leader preparation academies and, 
subject to the limitation under clause (iii), 
to support State authorizers for such acad-
emies. 
‘‘(ii) MATCHING
REQUIREMENT.—A 
State educational agency shall not provide 
funds under this subparagraph to support 
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the establishment or expansion of a teach-
er or school leader preparation academy 
unless the academy agrees to provide, ei-
ther directly or through private contribu-
tions, non-Federal matching funds equal to 
not less than 10 percent of the amount of 
the funds the academy will receive under 
this subparagraph. 
‘‘(iii) FUNDING FOR STATE AUTHOR-
IZERS.—Not more than 5 percent of funds 
provided to a teacher or school leader prep-
aration academy under this subparagraph 
may be used to support activities of State 
authorizers for such academy. 
‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI-
CATIONS. 
‘‘(a) DEEMED APPROVAL.—An application submitted 
by a State pursuant to section 2211(c) shall be deemed 
to be approved by the Secretary unless the Secretary 
makes a written determination, prior to the expiration of 
the 120-day period beginning on the date on which the 
Secretary received the application, that the application is 
not in compliance with section 2211(c). 
‘‘(b) DISAPPROVAL PROCESS.— 
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‘‘(1) IN GENERAL.—The Secretary shall not fi-
nally disapprove an application submitted under sec-
tion 2211(c), except after giving the State edu-
cational agency notice and an opportunity for a 
hearing. 
‘‘(2) NOTIFICATION.—If the Secretary finds 
that an application is not in compliance, in whole or 
in part, with section 2211(c) the Secretary shall— 
‘‘(A) give the State educational agency no-
tice and an opportunity for a hearing; and 
‘‘(B) notify the State educational agency of 
the finding of noncompliance and, in such noti-
fication, shall— 
‘‘(i) cite the specific provisions in the 
application that are not in compliance; and 
‘‘(ii) request additional information, 
only as to the noncompliant provisions, 
needed to make the application compliant. 
‘‘(3) RESPONSE.—If a State educational agency 
responds to a notification from the Secretary under 
paragraph (2)(B) during the 45-day period begin-
ning on the date on which the State educational 
agency received the notification, and resubmits the 
application with the requested information described 
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in paragraph (2)(B)(ii), the Secretary shall approve 
or disapprove such application prior to the later of— 
‘‘(A) the expiration of the 45-day period 
beginning on the date on which the application 
is resubmitted; or 
‘‘(B) the expiration of the 120-day period 
described in subsection (a). 
‘‘(4) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to a notification 
from the Secretary under paragraph (2)(B) during 
the 45-day period beginning on the date on which 
the State educational agency received the notifica-
tion, such application shall be deemed to be dis-
approved. 
‘‘Subpart 2—Local Competitive Grant Program 
‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives an allot-
ment under section 2211(b) for a fiscal year shall use the 
amount reserved under section 2211(d)(1) to award sub-
grants, on a competitive basis, to eligible entities in ac-
cordance with this section to enable such entities to carry 
out the programs and activities described in section 2222. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this section, an eligible entity shall 
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submit an application to the State educational agen-
cy at such time, in such manner, and including such 
information as the State educational agency may 
reasonably require. 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the programs and ac-
tivities to be funded and how they are con-
sistent with the purposes of this part; and 
‘‘(B) an assurance that the eligible entity 
will comply with section 6501 (regarding par-
ticipation by private school children and teach-
ers). 
‘‘(c) PEER REVIEW.—In reviewing applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality 
of such applications but the review shall only judge the 
likelihood of the activity to increase student academic 
achievement. The reviewers shall not make a determina-
tion based on the policy of the proposed activity. 
‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this section equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
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‘‘(e) DURATION OF AWARDS.—A State educational 
agency may award subgrants under this section for a pe-
riod of not more than 5 years. 
‘‘(f) MATCHING.—An eligible entity receiving a 
subgrant under this section shall provide, either directly 
or through private contributions, non-Federal matching 
funds equal to not less than 10 percent of the amount 
of the subgrant. 
‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 
‘‘(a) IN GENERAL.—Each eligible entity receiving a 
subgrant under section 2221 shall use such subgrant 
funds to develop, implement, and evaluate comprehensive 
programs and activities, that are in accordance with the 
purpose of this part and— 
‘‘(1) are consistent with the principles of effec-
tiveness described in subsection (b); and 
‘‘(2) may include, among other programs and 
activities— 
‘‘(A) developing and implementing initia-
tives to assist in recruiting, hiring, and retain-
ing highly effective teachers and school leaders, 
including initiatives that provide— 
‘‘(i) differential, incentive, or bonus 
pay for teachers and school leaders; 
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‘‘(ii) performance-based pay systems 
for teachers and school leaders; 
‘‘(iii) teacher and school leader ad-
vancement initiatives that promote profes-
sional growth and emphasize multiple ca-
reer paths and pay differentiation; 
‘‘(iv) new teacher and school leader 
induction and mentoring programs that 
are designed to improve instruction, stu-
dent academic achievement, and to in-
crease teacher and school leader retention; 
and 
‘‘(v) teacher residency programs, and 
school leader residency programs, designed 
to develop and support new teachers or 
new school leaders, respectively; 
‘‘(B) supporting the establishment or ex-
pansion of teacher or school leader preparation 
academies under section 2211(d)(3)(B); 
‘‘(C) recruiting qualified individuals from 
other fields, including individuals from com-
puter science and other science, technology, en-
gineering, and math fields, mid-career profes-
sionals from other occupations, and former mili-
tary personnel; 
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‘‘(D) establishing, improving, or expanding 
model instructional programs to ensure that all 
children meet the State’s academic standards; 
‘‘(E) providing evidence-based, job embed-
ded, continuous professional development for 
teachers and school leaders focused on improv-
ing teaching and student academic achievement; 
‘‘(F) implementing programs based on the 
current science of learning, which includes re-
search on positive brain change and cognitive 
skill development; 
‘‘(G) recruiting and training teachers to 
teach dual credit, dual enrollment, Advanced 
Placement, or International Baccalaureate post-
secondary-level courses to secondary school stu-
dents; and 
‘‘(H) other activities and programs identi-
fied as necessary by the local educational agen-
cy that meet the purpose of this part. 
‘‘(b) PRINCIPLES OF EFFECTIVENESS.—For a pro-
gram or activity developed pursuant to this section to meet 
the principles of effectiveness, such program or activity 
shall— 
‘‘(1) be based upon an assessment of objective 
data regarding the need for programs and activities 
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in the elementary schools and secondary schools 
served to increase the number of teachers and school 
leaders who are effective in improving student aca-
demic achievement; 
‘‘(2) reflect evidence-based research, or in the 
absence of a strong research base, reflect effective 
strategies in the field, that provide evidence that the 
program or activity will improve student academic 
achievement; and 
‘‘(3) include meaningful and ongoing consulta-
tion with, and input from, teachers, school leaders, 
and parents, in the development of the application 
and administration of the program or activity. 
‘‘Subpart 3—General Provisions 
‘‘SEC. 2231. PERIODIC EVALUATION. 
‘‘(a) IN GENERAL.—Each eligible entity and each 
teacher or school leader preparation academy that receives 
funds under this part shall undergo a periodic evaluation 
by the State educational agency involved to assess such 
entity’s or such academy’s progress toward achieving the 
purposes of this part. 
‘‘(b) USE OF RESULTS.—The results of an evaluation 
described in subsection (a) of an eligible entity or academy 
shall be— 
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‘‘(1) used to refine, improve, and strengthen 
such eligible entity or such academy, respectively; 
and 
‘‘(2) made available to the public upon request, 
with public notice of such availability provided. 
‘‘SEC. 2232. REPORTING REQUIREMENTS. 
‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each 
eligible entity and each teacher or school leader prepara-
tion academy that receives funds from a State educational 
agency under this part shall prepare and submit annually 
to such State educational agency a report that includes— 
‘‘(1) a description of the progress of the eligible 
entity or teacher or school leader preparation acad-
emy, respectively, in meeting the purposes of this 
part; 
‘‘(2) a description of the programs and activi-
ties conducted by the eligible entity or teacher or 
school leader preparation academy, respectively, with 
funds received under this part; 
‘‘(3) how the eligible entity or teacher or school 
leader preparation academy, respectively, is using 
such funds; and 
‘‘(4) any such other information as the State 
educational agency may require. 
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‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency that receives a grant under this part 
shall prepare and submit, annually, to the Secretary a re-
port that includes— 
‘‘(1) a description of the programs and activi-
ties conducted by the State educational agency with 
grant funds received under this part; 
‘‘(2) a description of the progress of the State 
educational agency in meeting the purposes of this 
part described in section 2201; 
‘‘(3) how the State educational agency is using 
grant funds received under this part; 
‘‘(4) the methods and criteria the State edu-
cational agency used to award subgrants in a timely 
manner to eligible entities under section 2221 and, 
if applicable, funds in a timely manner to teacher or 
school 
leader 
academies 
under 
section 
2211(d)(3)(B); and 
‘‘(5) the results of the periodic evaluations con-
ducted under section 2231. 
‘‘SEC. 2233. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2211(a)(2)(A), the Secretary shall, directly or 
through grants and contracts— 
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‘‘(1) provide technical assistance to States and 
eligible entities in carrying out activities under this 
part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by States and eligible entities under this 
part. 
‘‘SEC. 2234. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a local educational agency or consor-
tium of local educational agencies; 
‘‘(B) an institution of higher education or 
consortium of such institutions in partnership 
with a local educational agency or consortium 
of local educational agencies; 
‘‘(C) a for-profit organization, a nonprofit 
organization, or a consortium of for-profit or 
nonprofit organizations in partnership with a 
local educational agency or consortium of local 
educational agencies; or 
‘‘(D) a consortium of the entities described 
in subparagraphs (B) and (C). 
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‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘(3) STATE AUTHORIZER.—The term ‘State au-
thorizer’ means an entity designated by the Gov-
ernor of a State to authorize teacher or school leader 
preparation academies within the State that— 
‘‘(A) enters into an agreement with a 
teacher or school leader preparation academy 
that— 
‘‘(i) specifies the goals expected of the 
academy, which, at a minimum, include the 
goals described in paragraph (4); and 
‘‘(ii) does not reauthorize the academy 
if such goals are not met; and 
‘‘(B) may be a nonprofit organization, a 
State educational agency, or other public entity, 
or consortium of such entities (including a con-
sortium of State educational agencies). 
‘‘(4) TEACHER OR SCHOOL LEADER PREPARA-
TION ACADEMY.—The term ‘teacher or school leader 
preparation academy’ means a public or private enti-
ty, or a nonprofit or for-profit organization, which 
may be an institution of higher education or an or-
ganization affiliated with an institution of higher 
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education, that will prepare teachers or school lead-
ers to serve in schools, and that— 
‘‘(A) enters into an agreement with a State 
authorizer that specifies the goals expected of 
the academy, including— 
‘‘(i) a requirement that prospective 
teachers or school leaders who are enrolled 
in a teacher or school leader preparation 
academy receive a significant part of their 
training through clinical preparation that 
partners the prospective candidate with an 
effective teacher or school leader, respec-
tively, with a demonstrated record of in-
creasing student achievement, while also 
receiving concurrent instruction from the 
academy in the content area (or areas) in 
which the prospective teacher or school 
leader will become certified or licensed; 
‘‘(ii) the number of effective teachers 
or school leaders, respectively, who will 
demonstrate success in increasing student 
achievement 
that 
the 
academy 
will 
produce; and 
‘‘(iii) a requirement that a teacher or 
school leader preparation academy will only 
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award a certificate of completion after the 
graduate demonstrates that the graduate is 
an effective teacher or school leader, re-
spectively, with a demonstrated record of 
increasing student achievement, except 
that an academy may award a provisional 
certificate for the period necessary to allow 
the graduate to demonstrate such effective-
ness; 
‘‘(B) does not have restrictions on the 
methods the academy will use to train prospec-
tive teacher or school leader candidates, includ-
ing— 
‘‘(i) obligating (or prohibiting) the 
academy’s faculty to hold advanced degrees 
or conduct academic research; 
‘‘(ii) restrictions related to the acad-
emy’s physical infrastructure; 
‘‘(iii) restrictions related to the num-
ber of course credits required as part of 
the program of study; 
‘‘(iv) restrictions related to the under-
graduate coursework completed by teachers 
teaching or working on alternative certifi-
cates, licenses, or credentials, as long as 
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such teachers have successfully passed all 
relevant State-approved content area ex-
aminations; or 
‘‘(v) restrictions related to obtaining 
accreditation from an accrediting body for 
purposes of becoming an academy; 
‘‘(C) limits admission to its program to 
prospective teacher or school leader candidates 
who demonstrate strong potential to improve 
student achievement, based on a rigorous selec-
tion process that reviews a candidate’s prior 
academic achievement or record of professional 
accomplishment; and 
‘‘(D) results in a certificate of completion 
that the State may recognize as at least the 
equivalent of a master’s degree in education for 
the purposes of hiring, retention, compensation, 
and promotion in the State. 
‘‘(5) TEACHER
RESIDENCY
PROGRAM.—The 
term ‘teacher residency program’ means a school- 
based teacher preparation program in which a pro-
spective teacher— 
‘‘(A) for one academic year, teaches along-
side an effective teacher, as determined by a 
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teacher evaluation system implemented under 
part A, who is the teacher of record; 
‘‘(B) receives concurrent instruction during 
the year described in subparagraph (A) from 
the partner institution (as defined in section 
200 of the Higher Education Act of 1965 (20 
U.S.C. 1021)), which courses may be taught by 
local educational agency personnel or residency 
program faculty, in the teaching of the content 
area in which the teacher will become certified 
or licensed; and 
‘‘(C) acquires effective teaching skills.’’. 
(d) PART C.—Part C of title II (20 U.S.C. 6671 et 
seq.) is amended— 
(1) by striking subparts 1 through 4; 
(2) by striking the heading relating to subpart 
5; 
(3) by striking sections 2361 and 2368; 
(4) in section 2362, by striking ‘‘principals’’ 
and inserting ‘‘school leaders’’; 
(5) in section 2363(6)(A), by striking ‘‘prin-
cipal’’ and inserting ‘‘school leader’’; 
(6) in section 2366(b), by striking ‘‘ate law’’ 
and inserting ‘‘(3) A State law’’; 
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(7) by redesignating section 2362 as section 
2361; 
(8) by redesignating sections 2364 through 
2367 as sections 2362 through 2365, respectively; 
and 
(9) by redesignating section 2363 as section 
2366 and transferring such section to appear after 
section 2365 (as so redesignated). 
(e) PART D.—Part D of title II (20 U.S.C. 6751 et 
seq.) is amended to read as follows: 
‘‘PART D—GENERAL PROVISIONS 
‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 
‘‘In this title, the term ‘local educational agency’ in-
cludes a charter school (as defined in section 6101) that, 
in the absence of this section, would not have received 
funds under this title. 
‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 
‘‘At the beginning of each school year, a local edu-
cational agency that receives funds under this title shall 
notify the parents of each student attending any school 
receiving funds under this title that the parents may re-
quest, and the agency will provide the parents on request 
(and in a timely manner), information regarding the pro-
fessional qualifications of the student’s classroom teach-
ers. 
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‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds received under this title shall be used to sup-
plement, and not supplant, non-Federal funds that would 
otherwise be used for activities authorized under this 
title.’’. 
SEC. 202. CONFORMING REPEALS. 
(a) CONFORMING REPEALS.—Title II of the Higher 
Education Act of 1965 (20 U.S.C. 1021 et seq.) is amend-
ed by repealing sections 201 through 204. 
(b) EFFECTIVE DATE.—The repeals made by sub-
section (a) shall take effect October 1, 2015. 
TITLE III—PARENTAL ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI-
BILITY. 
Title III (20 U.S.C. 6801 et seq.) is amended to read 
as follows: 
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‘‘TITLE III—PARENTAL ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
‘‘PART A—PARENTAL ENGAGEMENT 
‘‘Subpart 1—Charter School Program 
‘‘SEC. 3101. PURPOSE. 
‘‘It is the purpose of this subpart to— 
‘‘(1) improve the United States education sys-
tem and education opportunities for all Americans 
by supporting innovation in public education in pub-
lic school settings that prepare students to compete 
and contribute to the global economy; 
‘‘(2) provide financial assistance for the plan-
ning, program design, and initial implementation of 
charter schools; 
‘‘(3) expand the number of high-quality charter 
schools available to students across the Nation; 
‘‘(4) evaluate the impact of such schools on stu-
dent achievement, families, and communities, and 
share best practices between charter schools and 
other public schools; 
‘‘(5) encourage States to provide support to 
charter schools for facilities financing in an amount 
more nearly commensurate to the amount the States 
have typically provided for traditional public schools; 
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‘‘(6) improve student services to increase oppor-
tunities for students with disabilities, English learn-
ers, and other traditionally underserved students to 
attend charter schools and meet challenging State 
academic achievement standards; 
‘‘(7) support efforts to strengthen the charter 
school authorizing process to improve performance 
management, 
including 
transparency, 
oversight, 
monitoring, and evaluation of such schools; and 
‘‘(8) support quality accountability and trans-
parency in the operational performance of all au-
thorized public chartering agencies, which include 
State educational agencies, local educational agen-
cies, and other authorizing entities. 
‘‘SEC. 3102. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—This subpart authorizes the Sec-
retary to carry out a charter school program that supports 
charter schools that serve elementary school and sec-
ondary school students by— 
‘‘(1) supporting the startup of charter schools, 
and the replication and expansion of high-quality 
charter schools; 
‘‘(2) assisting charter schools in accessing cred-
it to acquire and renovate facilities for school use; 
and 
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‘‘(3) carrying out national activities to sup-
port— 
‘‘(A) charter school development; 
‘‘(B) the dissemination of best practices of 
charter schools for all schools; 
‘‘(C) the evaluation of the impact of the 
program on schools participating in the pro-
gram; and 
‘‘(D) stronger charter school authorizing. 
‘‘(b) FUNDING
ALLOTMENT.—From the amount 
made available under section 3(c)(1)(A) for a fiscal year, 
the Secretary shall— 
‘‘(1) reserve 12.5 percent to support charter 
school facilities assistance under section 3104; 
‘‘(2) reserve not more than 10 percent to carry 
out national activities under section 3105; and 
‘‘(3) use the remaining amount after the Sec-
retary reserves funds under paragraphs (1) and (2) 
to carry out section 3103. 
‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The recipi-
ent of a grant or subgrant under this subpart or subpart 
2, as such subpart was in effect on the day before the 
date of enactment of the Student Success Act, shall con-
tinue to receive funds in accordance with the terms and 
conditions of such grant or subgrant. 
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‘‘(d) GAO REPORT.—Not later than 3 years after the 
date of enactment of the Student Success Act, the Comp-
troller General of the United States shall submit a report 
to the Secretary and Congress that— 
‘‘(1) examines whether the funds authorized to 
be reserved by State entities for administrative costs 
under section 3103(b)(1)(C) is appropriate; and 
‘‘(2) if such reservation of funds is determined 
not to be appropriate, makes recommendations on 
the appropriate reservation of funding for such ad-
ministrative costs. 
‘‘SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER 
SCHOOLS. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3102(b)(3), the Secretary shall award 
grants to State entities having applications approved pur-
suant to subsection (f) to enable such entities to— 
‘‘(1) award subgrants to eligible applicants for 
opening and preparing to operate— 
‘‘(A) new charter schools; 
‘‘(B) replicated, high-quality charter school 
models; or 
‘‘(C) 
expanded, 
high-quality 
charter 
schools; and 
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‘‘(2) provide technical assistance to eligible ap-
plicants and authorized public chartering agencies in 
carrying out the activities described in paragraph (1) 
and work with authorized public chartering agencies 
in the State to improve authorizing quality. 
‘‘(b) STATE USES OF FUNDS.— 
‘‘(1) IN GENERAL.—A State entity receiving a 
grant under this section shall— 
‘‘(A) use not less than 90 percent of the 
grant funds to award subgrants to eligible ap-
plicants, in accordance with the quality charter 
school program described in the State entity’s 
application approved pursuant to subsection (f), 
for the purposes described in subparagraphs 
(A) through (C) of subsection (a)(1); 
‘‘(B) reserve not less than 7 percent of 
such funds to carry out the activities described 
in subsection (a)(2); and 
‘‘(C) reserve not more than 3 percent of 
such funds for administrative costs which may 
include technical assistance. 
‘‘(2) CONTRACTS AND GRANTS.—A State entity 
may use a grant received under this section to carry 
out the activities described in subparagraphs (A) 
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and (B) of paragraph (1) directly or through grants, 
contracts, or cooperative agreements. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this Act shall prohibit the Secretary from awarding 
grants to States that use a weighted lottery to give 
slightly better chances for admission to all, or a sub-
set of, educationally disadvantaged students if— 
‘‘(A) the use of weighted lotteries in favor 
of such students is not prohibited by State law, 
and such State law is consistent with laws de-
scribed in section 6101(3)(G); and 
‘‘(B) such weighted lotteries are not used 
for the purpose of creating schools exclusively 
to serve a particular subset of students. 
‘‘(c) PROGRAM PERIODS; PEER REVIEW; GRANT 
NUMBER AND AMOUNT; DIVERSITY OF PROJECTS; WAIV-
ERS.— 
‘‘(1) PROGRAM PERIODS.— 
‘‘(A) GRANTS.—A grant awarded by the 
Secretary to a State entity under this section 
shall be for a period of not more than 5 years. 
‘‘(B) SUBGRANTS.—A subgrant awarded 
by a State entity under this section shall be for 
a period of not more than 5 years, of which an 
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eligible applicant may use not more than 18 
months for planning and program design. 
‘‘(2) PEER REVIEW.—The Secretary, and each 
State entity receiving a grant under this section, 
shall use a peer review process to review applications 
for assistance under this section. 
‘‘(3) GRANT AWARDS.—The Secretary shall— 
‘‘(A) for each fiscal year for which funds 
are appropriated under section 3(c)(1)(A)— 
‘‘(i) award not less than 3 grants 
under this section; 
‘‘(ii) wholly fund each grant awarded 
under this section, without making con-
tinuation awards; and 
‘‘(iii) fully obligate the funds appro-
priated for the purpose of awarding grants 
under this section in the fiscal year for 
which such grants are awarded; and 
‘‘(B) prior to the start of the final year of 
the grant period of each grant awarded under 
this section to a State entity, review whether 
the State entity is using the grant funds for the 
agreed upon uses of funds and whether the full 
amount of the grant will be needed for the re-
mainder of the grant period and may, as deter-
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mined necessary based on that review, termi-
nate or reduce the amount of the grant and re-
allocate the remaining grant funds to other 
State entities during the succeeding grant com-
petition under this section. 
‘‘(4) DIVERSITY OF PROJECTS.—Each State en-
tity receiving a grant under this section shall award 
subgrants under this section in a manner that, to 
the extent possible, ensures that such subgrants— 
‘‘(A) are distributed throughout different 
areas, including urban, suburban, and rural 
areas; and 
‘‘(B) will assist charter schools rep-
resenting a variety of educational approaches. 
‘‘(5) WAIVERS.—The Secretary may waive any 
statutory or regulatory requirement over which the 
Secretary exercises administrative authority, except 
for any such requirement relating to the elements of 
a charter school described in section 6101(3), if— 
‘‘(A) the waiver is requested in an ap-
proved application under this section; and 
‘‘(B) the Secretary determines that grant-
ing such a waiver will promote the purposes of 
this subpart. 
‘‘(d) LIMITATIONS.— 
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‘‘(1) GRANTS.—The Secretary shall not award 
a grant to a State entity under this section in a case 
in which such award would result in more than 1 
grant awarded under this section being carried out 
in a State at the same time. 
‘‘(2) SUBGRANTS.—An eligible applicant may 
not receive more than 1 subgrant under this section 
per individual charter school for a 5-year period, un-
less the eligible applicant demonstrates to the State 
entity not less than 3 years of improved educational 
results in the areas described in subparagraphs (A) 
and (D) of section 3110(7) for students enrolled in 
such charter school. 
‘‘(e) APPLICATIONS.—A State entity desiring to re-
ceive a grant under this section shall submit an application 
to the Secretary at such time and in such manner as the 
Secretary may require. The application shall include the 
following: 
‘‘(1) DESCRIPTION OF PROGRAM.—A descrip-
tion of the State entity’s objectives under this sec-
tion and how the objectives of the State entity’s 
quality charter school program will be carried out, 
including a description— 
‘‘(A) of how the State entity— 
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‘‘(i) will support the opening of new 
charter schools, replicated, high-quality 
charter school models, or expanded, high- 
quality charter schools, and a description 
of the proposed number of each type of 
charter school or model, if applicable, to be 
opened under the State entity’s program; 
‘‘(ii) 
will 
inform 
eligible 
charter 
schools, developers, and authorized public 
chartering agencies of the availability of 
funds under the program; 
‘‘(iii) will work with eligible applicants 
to ensure that the eligible applicants access 
all Federal funds that they are eligible to 
receive, and help the charter schools sup-
ported by the applicants and the students 
attending the charter schools— 
‘‘(I) participate in the Federal 
programs in which the schools and 
students are eligible to participate; 
‘‘(II) receive the commensurate 
share of Federal funds the schools 
and students are eligible to receive 
under such programs; and 
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‘‘(III) meet the needs of students 
served under such programs, including 
students with disabilities and English 
learners; 
‘‘(iv) will have clear plans and proce-
dures to assist students enrolled in a char-
ter school that closes or loses its charter to 
attend other high-quality schools; 
‘‘(v) in the case in which the State en-
tity is not a State educational agency— 
‘‘(I) will work with the State edu-
cational 
agency 
and 
the 
charter 
schools in the State to maximize char-
ter school participation in Federal and 
State programs for charter schools; 
and 
‘‘(II) will work with the State 
educational agency to adequately op-
erate the State entity’s program 
under this section, where applicable; 
‘‘(vi) will ensure each eligible appli-
cant that receives a subgrant under the 
State entity’s program to open and prepare 
to operate a new charter school, a rep-
licated, high-quality charter school model, 
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‘‘(3) not later than 1 year after such enactment 
date, reduce the workforce of the Department by the 
number of full-time equivalent employees the De-
partment calculated under paragraph (2); and 
‘‘(4) not later than 1 year after such enactment 
date, report to the Congress on— 
‘‘(A) the number of employees associated 
with each program or project authorized under 
this Act administered by the Department; 
‘‘(B) the number of full-time equivalent 
employees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); 
‘‘(C) how the Secretary reduced the num-
ber of employees at the Department under 
paragraph (3); 
‘‘(D) the average salary of the employees 
described in subparagraph (B) whose positions 
were eliminated; and 
‘‘(E) the average salary of the full-time 
equivalent employees who work on or admin-
ister a program or project authorized under this 
Act by the Department, disaggregated by em-
ployee function with each such program or 
project. 
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