161 
‘‘(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-
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: 
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‘‘(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. 
‘‘(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 
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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 
‘‘(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— 
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‘‘(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; 
‘‘(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 
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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. 
‘‘(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. 
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‘‘(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 
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 
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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; 
‘‘(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. 
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‘‘(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 
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; 
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‘‘(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 
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 
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‘‘(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 
‘‘(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. 
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171 
‘‘(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 
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; 
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‘‘(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 
‘‘(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-
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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 
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. 
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174 
‘‘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. 
‘‘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-
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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; 
‘‘(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-
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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 
‘‘(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. 
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‘‘(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— 
‘‘(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. 
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‘‘(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-
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-
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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— 
‘‘(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. 
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‘‘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 
‘‘(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 0.54 of one percent to award grants to eligible 
local educational agencies to enable the local educational 
agencies to carry out activities authorized under any of 
the following provisions: 
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‘‘(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. 
‘‘(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 
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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. 
‘‘(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 
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183 
‘‘(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 
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— 
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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. 
‘‘(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-
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186 
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 
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 
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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-
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— 
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‘‘(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. 
‘‘(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-
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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 
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 
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‘‘(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, 
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 
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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 
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). 
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192 
‘‘(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). 
‘‘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. 
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‘‘Subpart 6—Indian Education 
‘‘SEC. 1251. STATEMENT OF POLICY. 
‘‘It is the policy of the United States to fulfill the 
Federal Government’s unique and continuing trust rela-
tionship with and responsibility to the Indian people for 
the education of Indian children. The Federal Government 
will continue to work with local educational agencies, In-
dian tribes and organizations, postsecondary institutions, 
and other entities toward the goal of ensuring that pro-
grams that serve Indian children are of the highest quality 
and provide for not only the basic elementary and sec-
ondary educational needs, but also the unique educational 
and culturally related academic needs of these children. 
‘‘SEC. 1252. PURPOSE. 
‘‘It is the purpose of this subpart to support the ef-
forts of local educational agencies, Indian tribes and orga-
nizations, postsecondary institutions, and other entities— 
‘‘(1) to meet the unique educational and cul-
turally related academic needs of American Indian 
and Alaska Native students, so that such students 
can meet the State academic standards that all stu-
dents are expected to meet; and 
‘‘(2) to ensure that school leaders, teachers, and 
other staff who serve Indian and Alaska Native stu-
dents have the ability and training to provide appro-
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194 
priate instruction to meet the unique academic needs 
of such students. 
‘‘CHAPTER A—FORMULA GRANTS TO 
LOCAL EDUCATIONAL AGENCIES 
‘‘SEC. 1261. PURPOSE. 
‘‘It is the purpose of this chapter to support local 
educational agencies in their efforts to reform elementary 
school and secondary school programs that serve Indian 
students in order to ensure that such programs are de-
signed to— 
‘‘(1) meet the unique educational needs of such 
students; and 
‘‘(2) ensure that such students have the oppor-
tunity to meet the State academic standards. 
‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN GENERAL.—From amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 0.59 of 
one percent to local educational agencies and Indian tribes 
in accordance with this section and section 1263. 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this chapter for any fiscal year if the number of In-
dian children eligible under section 1267 who were 
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enrolled in the schools of the agency, and to whom 
the agency provided free public education, during 
the preceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent 
of the total number of individuals enrolled in 
the schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES.— 
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is otherwise eligible for a grant under this 
chapter does not establish a committee under section 
1264(c)(4) for such grant, an Indian tribe or a con-
sortium of such entities that represents not less than 
1⁄3 of the eligible Indian children who are served by 
such local educational agency may apply for such 
grant. 
‘‘(2) SPECIAL RULE.—The Secretary shall treat 
each Indian tribe or consortium of such entities ap-
plying for a grant pursuant to paragraph (1) as if 
such Indian tribe were a local educational agency for 
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purposes of this chapter, except that any such tribe 
is not subject to section 1264(c)(4) or section 1269. 
‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
children who are served by the local educational 
agency shall be eligible to receive the grant or the 
tribes may choose to apply in consortium. 
‘‘SEC. 1263. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall 
allocate to each local educational agency that has an 
approved application under this chapter an amount 
equal to the product of— 
‘‘(A) the number of Indian children who 
are eligible under section 1267 and served by 
such agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is lo-
cated; or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
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‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e). 
‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under sec-
tion 1262, and a school that is operated or sup-
ported by the Bureau of Indian Education that is el-
igible for a grant under subsection (d), that submits 
an application that is approved by the Secretary, 
shall, subject to appropriations, receive a grant 
under this chapter in an amount that is not less 
than $3,000. 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium with other local educational 
agencies or Indian tribes for the purpose of obtain-
ing grants under this chapter. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not 
more than $4,000 for all grantees if the Secretary 
determines such an increase is necessary to ensure 
the quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, 
the term ‘average per pupil expenditure’, used with respect 
to a State, means an amount equal to— 
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‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the 
State, plus any direct current expenditures by the 
State for the operation of such agencies, without re-
gard to the sources of funds from which such local 
or State expenditures were made, during the second 
fiscal year preceding the fiscal year for which the 
computation is made; divided by 
‘‘(2) the aggregate number of children who 
were included in average daily attendance for whom 
such agencies provided free public education during 
such preceding fiscal year. 
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE 
BUREAU OF INDIAN EDUCATION.— 
‘‘(1) IN GENERAL.—Subject to subsection (e), 
in addition to the grants awarded under subsection 
(a), the Secretary shall allocate to the Secretary of 
the Interior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
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tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this chapter shall submit an application in ac-
cordance with section 1264, and shall otherwise be 
treated as a local educational agency for the purpose 
of this chapter, except that such school shall not be 
subject to section 1264(c)(4) or section 1269. 
‘‘(e) RATABLE REDUCTIONS.—If the sums reserved 
for any fiscal year under section 1262(a) are insufficient 
to pay in full the amounts determined for local educational 
agencies under subsection (a)(1) and for the Secretary of 
the Interior under subsection (d), each of those amounts 
shall be ratably reduced. 
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200 
‘‘SEC. 1264. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
chapter shall submit an application to the Secretary at 
such time and in such manner as the Secretary may rea-
sonably require. 
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include 
a description of a comprehensive program for meeting the 
needs of Indian children served by the local educational 
agency, including the language and cultural needs of the 
children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students; 
‘‘(2)(A) is aligned with and supports the State 
and local plans submitted under other provisions of 
this Act; and 
‘‘(B) includes academic standards for such chil-
dren that are based on the State academic standards 
adopted under subpart 1 for all children; 
‘‘(3) explains how the local educational agency 
will use the funds made available under this chapter 
to supplement other Federal, State, and local pro-
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grams, especially programs carried out under sub-
part 1, to meet the needs of such students; 
‘‘(4) demonstrates how funds made available 
under this chapter will be used for activities de-
scribed in section 1265; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that— 
‘‘(A) teachers, school leaders, and other 
school professionals who are new to the Indian 
community are prepared to work with Indian 
children; and 
‘‘(B) all teachers who will be involved in 
programs assisted under this chapter have been 
properly trained to carry out such programs; 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this chapter, in meeting the stand-
ards described in paragraph (2); 
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to— 
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‘‘(i) the committee described in sub-
section (c)(4); and 
‘‘(ii) the community, including Indian 
tribes, whose children are served by the 
local educational agency; and 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A); and 
‘‘(7) describes the processes the local edu-
cational agency used to collaborate with Indian 
tribes in the community in the development of the 
comprehensive programs. 
‘‘(c) ASSURANCES.—Each application submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this chapter only to supplement the 
funds that, in the absence of the Federal funds 
made available under this chapter, such agency 
would make available for the education of Indian 
children, and not to supplant such funds; 
‘‘(2) the local educational agency will prepare 
and submit to the Secretary such reports in such 
form as the Secretary may require to— 
‘‘(A) carry out the functions of the Sec-
retary under this chapter; and 
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203 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this chapter are effec-
tive in improving the educational achievement 
of Indian students served by such agency; 
‘‘(3) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs 
of the American Indian and Alaska Native stu-
dents for whom the local educational agency is 
providing an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
community; and 
‘‘(C) was developed by such agency in open 
consultation with parents of Indian children 
and teachers, and, if appropriate, Indian stu-
dents from secondary schools, including through 
public hearings held by such agency to provide 
to the individuals described in this subpara-
graph a full opportunity to understand the pro-
gram and to offer recommendations regarding 
the program; and 
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204 
‘‘(4) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected 
by— 
‘‘(i) parents of Indian children in the 
local educational agency’s schools; 
‘‘(ii) teachers in the schools; and 
‘‘(iii) if appropriate, Indian students 
attending secondary schools of the agency; 
‘‘(B) a majority of whose members are 
parents of Indian children; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures 
relating to the hiring of personnel, as will en-
sure that the program for which assistance is 
sought will be operated and evaluated in con-
sultation with, and with the involvement of, 
parents of the children, and representatives of 
the area, to be served; 
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance 
with section 1265(c), that has— 
‘‘(i) reviewed in a timely fashion the 
program; and 
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205 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws 
for the conduct of the activities of the com-
mittee and abides by such bylaws. 
‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this chapter 
shall use the grant funds, in a manner consistent with the 
purpose specified in section 1261, for services and activi-
ties that— 
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of 
the local educational agency submitted to the Sec-
retary under section 1264(a); 
‘‘(2) are designed with special regard for the 
language and cultural needs of the Indian students; 
and 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
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‘‘(1) culturally related activities that support 
the program described in the application submitted 
by the local educational agency; 
‘‘(2) early childhood and family programs that 
emphasize school readiness; 
‘‘(3) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of State academic 
standards; 
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families; 
‘‘(5) programs that help engage parents and 
tribes to meet the unique educational needs of In-
dian children; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Act of 2006; 
‘‘(7) activities to educate individuals concerning 
the prevention of substance abuse, violence, and sui-
cide; 
‘‘(8) the acquisition of equipment, but only if 
the acquisition of the equipment is essential to 
achieve the purpose described in section 1261; 
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207 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency; 
‘‘(10) activities that incorporate American In-
dian and Alaska Native specific curriculum content, 
consistent with State academic standards into the 
curriculum used by the local educational agency; 
‘‘(11) family literacy services; and 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors. 
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding 
any other provision of law, a local educational agency may 
use funds made available to such agency under this chap-
ter to support a schoolwide program under section 1114 
if— 
‘‘(1) the committee established pursuant to sec-
tion 1264(c)(4) approves the use of the funds for 
the schoolwide program; and 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 1261. 
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
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208 
under this chapter for any fiscal year may be used for 
administrative purposes. 
‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro-
vided to a grantee under this chapter may not be used 
for long-distance travel expenses for training activities 
available locally or regionally. 
‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this 
chapter may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students. 
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing 
grants for the provision of education and related services 
to the entity, shall authorize the entity to consolidate, in 
accordance with such plan, the federally funded education 
and related services programs of the entity and the Fed-
eral programs, or portions of the programs, serving Indian 
students in a manner that integrates the program services 
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating 
administrative functions. 
‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
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209 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and re-
lated services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources 
to be consolidated; 
‘‘(2) be consistent with the objectives of this 
section concerning authorizing the services to be in-
tegrated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that 
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the objectives set 
forth in this chapter; 
‘‘(4) describe the way in which services are to 
be integrated and delivered and the results expected 
from the plan; 
‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
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210 
‘‘(6) identify the State, tribal, or local agency 
or agencies to be involved in the delivery of the serv-
ices integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for student academic 
achievement consistent with State academic stand-
ards under section 1111(b)(1); and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 1264(c)(4), if such a com-
mittee exists. 
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be 
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any 
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the entity to implement the plan. Notwithstanding 
any other provision of law, the Secretary of the affected 
department shall have the authority to waive any regula-
tion, policy, or procedure promulgated by that department 
that has been so identified by the entity or department, 
unless the Secretary of the affected department deter-
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211 
mines that such a waiver is inconsistent with the objectives 
of this chapter or those provisions of the statute from 
which the program involved derives authority that are spe-
cifically applicable to Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval. 
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—The Secretary of Education, the Secretary of 
the Interior, and the head of any other Federal depart-
ment or agency identified by the Secretary of Education, 
shall enter into an interdepartmental memorandum of 
agreement providing for the implementation and coordina-
tion of the demonstration projects authorized under this 
section. The lead agency head for a demonstration project 
under this section shall be— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
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212 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related 
to the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
‘‘(2) the use of a single report format related 
to the projected expenditures for the individual 
project which shall be used by an eligible entity to 
report on all project expenditures; 
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and 
‘‘(4) the provision of technical assistance to an 
eligible entity appropriate to the project, except that 
an eligible entity shall have the authority to accept 
or reject the plan for providing such technical assist-
ance and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with 
the requirements of this section. Such report format shall 
require that reports described in subsection (h), together 
with records maintained on the consolidated program at 
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the local level, shall contain such information as will allow 
a determination that the eligible entity has complied with 
the requirements incorporated in its approved plan, in-
cluding making a demonstration of student academic 
achievement, and will provide assurances to each Sec-
retary that the eligible entity has complied with all directly 
applicable statutory requirements and with those directly 
applicable regulatory requirements that have not been 
waived. 
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 
the amount of Federal funds available to an eligible entity 
involved in any demonstration project be reduced as a re-
sult of the enactment of this section. 
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action 
as may be necessary to provide for an interagency transfer 
of funds otherwise available to an eligible entity in order 
to further the objectives of this section. 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable ac-
tivities authorized under such program, except that 
the eligible entity shall determine the proportion of 
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214 
the funds granted that shall be allocated to such 
program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records 
tracing any services or activities conducted under 
the approved plan to the individual programs under 
which funds were authorized for the services or ac-
tivities, nor shall the eligible entity be required to al-
locate expenditures among such individual programs. 
‘‘(m) OVERAGE.—The eligible entity may commingle 
all administrative funds from the consolidated programs 
and shall be entitled to the full amount of such funds 
(under each program’s or agency’s regulations). The over-
age (defined as the difference between the amount of the 
commingled funds and the actual administrative cost of 
the programs) shall be considered to be properly spent for 
Federal audit purposes, if the overage is used for the pur-
poses provided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 
subpart shall be construed so as to interfere with the abil-
ity of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant 
to chapter 75 of title 31, United States Code. 
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215 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.— 
‘‘(1) IN GENERAL.—The Secretary of Education 
shall annually submit a report to the Committee on 
Health, Education, Labor, and Pensions and the 
Committee on Indian Affairs of the Senate, and the 
Committee on Education and the Workforce and the 
Committee on Natural Resources of the House of 
Representatives on the status of the implementation 
of the demonstration projects authorized under this 
section. 
‘‘(2) CONTENTS.—Such report shall identify— 
‘‘(A) statutory barriers to the ability of 
participants to more effectively integrate their 
education and related services to Indian stu-
dents in a manner consistent with the objectives 
of this section; and 
‘‘(B) the effective practices for program in-
tegration that result in increased student 
achievement and other relevant outcomes for 
Indian students. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
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216 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this chapter, 
each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that 
sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this chap-
ter, and that otherwise meets the requirements of sub-
section (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of 
Indians (as defined in section 1291) with re-
spect to which the child claims membership; 
‘‘(ii) the enrollment number establishing 
the membership of the child (if readily avail-
able); and 
‘‘(iii) the name and address of the organi-
zation that maintains updated and accurate 
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217 
membership data for such tribe or band of Indi-
ans; or 
‘‘(B) the name, the enrollment number (if 
readily available), and the name and address of 
the organization responsible for maintaining up-
dated and accurate membership data, of any 
parent or grandparent of the child from whom 
the child claims eligibility under this chapter, if 
the child is not a member of the tribe or band 
of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band 
of Indians (as so defined), with respect to which the 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or 
legal guardian of the child; and 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect a definition contained 
in section 1291. 
‘‘(d) FORMS
AND STANDARDS
OF PROOF.—The 
forms and the standards of proof (including the standard 
of good faith compliance) that were in use during the 
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218 
1985–1986 academic year to establish the eligibility of a 
child for entitlement under the Indian Elementary and 
Secondary School Assistance Act shall be the forms and 
standards of proof used— 
‘‘(1) to establish eligibility under this chapter; 
and 
‘‘(2) to meet the requirements of subsection (a). 
‘‘(e) DOCUMENTATION.—For purposes of deter-
mining whether a child is eligible to be counted for the 
purpose of computing the amount of a grant award under 
section 1263, the membership of the child, or any parent 
or grandparent of the child, in a tribe or band of Indians 
(as so defined) may be established by proof other than 
an enrollment number, notwithstanding the availability of 
an enrollment number for a member of such tribe or band. 
Nothing in subsection (b) shall be construed to require 
the furnishing of an enrollment number. 
‘‘(f) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is nec-
essary to carry out the responsibility of the Sec-
retary to provide technical assistance under this 
chapter, the Secretary shall conduct a moni-
toring and evaluation review of a sampling of 
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219 
the recipients of grants under this chapter. The 
sampling conducted under this subparagraph 
shall take into account the size of and the geo-
graphic location of each local educational agen-
cy. 
‘‘(B) EXCEPTION.—A local educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason 
of the findings of an audit that relates to the 
date of completion, or the date of submission, 
of any forms used to establish, before April 28, 
1988, the eligibility of a child for an entitle-
ment under the Indian Elementary and Sec-
ondary School Assistance Act. 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this chapter shall— 
‘‘(A) be ineligible to apply for any other 
grant under this chapter; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED
CHILDREN.—A student who 
provides false information for the form required 
under subsection (a) shall not be counted for the 
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220 
purpose of computing the amount of a grant under 
section 1263. 
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.— 
Notwithstanding any other provision of this section, in cal-
culating the amount of a grant under this chapter to a 
tribal school that receives a grant or contract from the 
Bureau of Indian Education, the Secretary shall use only 
one of the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for 
whom the school has eligibility forms that comply 
with this section. 
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of 
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this chapter (other than in the case described in 
subsection (g)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs 
before the deadline established by the Secretary for 
submitting an application under section 1264; and 
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a 
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221 
school of the agency on that date or during that pe-
riod, as the case may be. 
‘‘SEC. 1268. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this chapter the amount determined under 
section 1263. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later 
than June 1 of the year for which the Secretary makes 
the payment. 
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this 
chapter to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the 
amount of the State aid, with respect to the free public 
education of children during such fiscal year or the pre-
ceding fiscal year. 
‘‘(c) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best 
carry out the purpose of this chapter, any amounts that— 
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‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this chapter; or 
‘‘(2) otherwise become available for reallocation 
under this chapter. 
‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 1264, a local educational agency shall sub-
mit the application to the State educational agency, which 
may comment on such application. If the State educational 
agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments 
to the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘CHAPTER B—SPECIAL PROGRAMS AND 
PROJECTS 
TO 
IMPROVE 
EDU-
CATIONAL OPPORTUNITIES FOR IN-
DIAN CHILDREN 
‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this 
section to support projects to develop, test, and dem-
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223 
onstrate the effectiveness of services and programs 
to improve educational opportunities and achieve-
ment of Indian children. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this chapter with— 
‘‘(A) other programs funded under this 
Act; and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children. 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), or a consortium of such 
entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 0.2 of one percent to award grants to eligible 
entities to enable such entities to carry out activities 
under this section and section 1272. 
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224 
‘‘(2) USES OF FUNDS.—An eligible entity that 
receives a grant under this section shall use the 
funds for one or more activities, including— 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvan-
taged children; 
‘‘(B) educational services that are not 
available to such children in sufficient quantity 
or quality, including remedial instruction, to 
raise the achievement of Indian children in one 
or more of the core academic subjects of 
English, mathematics, science, foreign lan-
guages, art, history, and geography; 
‘‘(C) bilingual and bicultural programs and 
projects; 
‘‘(D) special health and nutrition services, 
and other related activities, that address the 
special health, social, and psychological prob-
lems of Indian children; 
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or 
reenter school, and to increase the rate of high 
school graduation for Indian children; 
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225 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities; 
‘‘(H) partnership projects between local 
educational agencies and institutions of higher 
education that allow secondary school students 
to enroll in courses at the postsecondary level to 
aid such students in the transition from sec-
ondary to postsecondary education; 
‘‘(I) partnership projects between schools 
and local businesses for career preparation pro-
grams designed to provide Indian youth with 
the knowledge and skills such youth need to 
make an effective transition from school to a 
high-skill, high-wage career; 
‘‘(J) programs designed to encourage and 
assist Indian students to work toward, and gain 
entrance into, an institution of higher edu-
cation; 
‘‘(K) family literacy services; 
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226 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
dian children, and incorporate appropriately 
qualified tribal elders and seniors; or 
‘‘(M) other services that meet the purpose 
described in this section. 
‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence 
based professional development of teaching profes-
sionals and paraprofessionals may be a part of any 
program assisted under this section. 
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
‘‘(1) GRANT REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make multiyear grants under subsection (c) for 
the planning, development, pilot operation, or 
demonstration of any activity described in sub-
section (c) for a period not to exceed 5 years. 
‘‘(B) PRIORITY.—In making multiyear 
grants described in this paragraph, the Sec-
retary shall give priority to entities submitting 
applications that present a plan for combining 
two or more of the activities described in sub-
section (c) over a period of more than 1 year. 
‘‘(C) PROGRESS.—The Secretary shall 
make a grant payment for a grant described in 
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228 
‘‘(A) IN
GENERAL.—Any eligible entity 
that desires to receive a grant under this sec-
tion shall submit an application to the Sec-
retary at such time and in such manner as the 
Secretary may reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph 
(A), other than an application for a dissemina-
tion grant under paragraph (2), shall contain— 
‘‘(i) a description of how parents of 
Indian children and representatives of In-
dian tribes have been, and will be, involved 
in developing and implementing the activi-
ties for which assistance is sought; 
‘‘(ii) assurances that the applicant will 
participate, at the request of the Secretary, 
in any national evaluation of activities as-
sisted under this section; 
‘‘(iii) information demonstrating that 
the proposed program for the activities is 
an evidence-based program, which may in-
clude a program that has been modified to 
be culturally appropriate for students who 
will be served; and 
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229 
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities 
into the ongoing school program involved 
once the grant period is over. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this chapter 
for any fiscal year may be used for administrative pur-
poses. 
‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase the number of qualified Indian 
teachers, school leaders, or other education profes-
sionals serving Indian students, including through 
recruitment strategies; 
‘‘(2) to provide training to qualified Indian indi-
viduals to enable such individuals to become effective 
teachers, school leaders, administrators, teacher 
aides, social workers, and ancillary educational per-
sonnel; and 
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in 
paragraph (2). 
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 
section, the term ‘eligible entity’ means— 
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230 
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education; 
‘‘(2) a State educational agency or local edu-
cational agency, in consortium with an institution of 
higher education; 
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education; and 
‘‘(4) a Bureau-funded school (as defined in sec-
tion 1146 of the Education Amendments of 1978). 
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants from funds reserved under sec-
tion 1271(c)(1) to eligible entities having applications ap-
proved under this section to enable those entities to carry 
out the activities described in subsection (d). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used for activities to provide support 
and training for Indian individuals in a manner con-
sistent with the purposes of this section. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE OF TRAINING.—For education 
personnel, the training received pursuant to a 
grant under this section may be inservice or 
preservice training. 
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231 
‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any education-related 
field other than teaching, the training received 
pursuant to a grant under this section shall be 
in a program that results in a graduate degree. 
‘‘(e) APPLICATION.—Each eligible entity desiring a 
grant under this section shall submit an application to the 
Secretary at such time and in such manner as the Sec-
retary may reasonably require. An application shall in-
clude how the eligible entity will— 
‘‘(1) recruit qualified Indian individuals, such 
as students who may not be of traditional college 
age, to become teachers or school leaders; 
‘‘(2) use funds made available under the grant 
to support the recruitment, preparation, and profes-
sional development of Indian teachers or school lead-
ers in local educational agencies that serve a high 
proportion of Indian students; and 
‘‘(3) assist participants in meeting the require-
ments under subsection (h). 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
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232 
‘‘(2) may not limit eligibility to receive a grant 
under this section on the basis of— 
‘‘(A) the number of previous grants the 
Secretary has awarded such entity; or 
‘‘(B) the length of any period during which 
such entity received such grants. 
‘‘(g) GRANT PERIOD.—Each grant under this section 
shall be awarded for an initial period of not more than 
three years, and may be renewed for not more than an 
additional two years if the Secretary finds that the grantee 
is meeting the grant objectives. 
‘‘(h) SERVICE OBLIGATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, that an individual who receives 
training pursuant to a grant made under this sec-
tion— 
‘‘(A) perform work— 
‘‘(i) related to the training received 
under this section; and 
‘‘(ii) that benefits Indian people; or 
‘‘(B) repay all or a prorated part of the as-
sistance received. 
‘‘(2) REPORTING.—The Secretary shall estab-
lish, by regulation, a reporting procedure under 
which a grant recipient under this section shall, not 
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233 
later than 12 months after the date of completion of 
the training, and periodically thereafter, provide in-
formation concerning compliance with the work re-
quirement under paragraph (1). 
‘‘CHAPTER C—FEDERAL ADMINISTRATION 
‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION. 
‘‘(a) MEMBERSHIP.—There is established a National 
Advisory Council on Indian Education (hereafter in this 
section referred to as the ‘Council’), which shall— 
‘‘(1) consist of 15 Indian members, who shall 
be appointed by the President from lists of nominees 
furnished, from time to time, by Indian tribes and 
organizations; and 
‘‘(2) represent different geographic areas of the 
United States. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) advise the Secretary concerning the fund-
ing and administration (including the development of 
regulations and administrative policies and prac-
tices) of any program, including any program estab-
lished under this subpart— 
‘‘(A) with respect to which the Secretary 
has jurisdiction; and 
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234 
‘‘(B)(i) that includes Indian children or 
adults as participants; or 
‘‘(ii) that may benefit Indian children or 
adults; 
‘‘(2) make recommendations to the Secretary 
for filling the position of Director of Indian Edu-
cation whenever a vacancy occurs; and 
‘‘(3) submit to Congress, not later than June 
30 of each year, a report on the activities of the 
Council, including— 
‘‘(A) any recommendations that the Coun-
cil considers appropriate for the improvement of 
Federal education programs that include Indian 
children or adults as participants, or that may 
benefit Indian children or adults; and 
‘‘(B) 
recommendations 
concerning 
the 
funding of any program described in subpara-
graph (A). 
‘‘SEC. 1282. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under chap-
ter B. 
‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under chapter B, the Secretary shall 
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give a preference to Indian tribes, organizations, and insti-
tutions of higher education under any program with re-
spect to which Indian tribes, organizations, and institu-
tions are eligible to apply for grants, contracts, or coopera-
tive agreements. 
‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under chapter 
B unless the application is for a grant, contract, or cooper-
ative agreement that is— 
‘‘(1) of sufficient size, scope, and quality to 
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and 
‘‘(2) based on relevant research findings. 
‘‘CHAPTER D—DEFINITIONS 
‘‘SEC. 1291. DEFINITIONS. 
‘‘For the purposes of this subpart: 
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who— 
‘‘(A) has attained the age of 16 years; or 
‘‘(B) has attained an age that is greater 
than the age of compulsory school attendance 
under an applicable State law. 
‘‘(2) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ has the same meaning as the term ‘Native’ has 
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236 
in section 3(b) of the Alaska Native Claims Settle-
ment Act. 
‘‘(3) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is— 
‘‘(A) provided at public expense, under 
public supervision and direction, and without 
tuition charge; and 
‘‘(B) provided as elementary or secondary 
education in the applicable State or to preschool 
children. 
‘‘(4) INDIAN.—The term ‘Indian’ means an in-
dividual who is— 
‘‘(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
‘‘(i) any tribe or band terminated 
since 1940; and 
‘‘(ii) any tribe or band recognized by 
the State in which the tribe or band re-
sides; 
‘‘(B) a descendant, in the first or second 
degree, of an individual described in subpara-
graph (A); 
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose; 
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‘‘(D) an Eskimo, Aleut, or other Alaska 
Native; or 
‘‘(E) a member of an organized Indian 
group that received a grant under the Indian 
Education Act of 1988 as in effect the day pre-
ceding the date of enactment of the Improving 
America’s Schools Act of 1994.’’. 
(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— 
(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 
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238 
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 
‘‘address disparities in the percentages of 
effective teachers teaching in low-income 
schools.’’; 
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(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’’; 
(C) in paragraph (3), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(D) in paragraph (4), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
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(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-
ards’’ and inserting ‘‘State academic 
standards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that 
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241 
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)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘and for making decisions 
about the promotion and graduation of stu-
dents’’; 
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242 
(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 1206,’’; 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’’ 
and inserting ‘‘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 
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243 
(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 and redesignated as part 
C of title I of the Act; 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.— 
‘‘(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. 
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‘‘(2) 
MEETINGS
AND
ELECTRONIC
EX-
CHANGE.—Such advice and recommendations may 
be obtained through such mechanisms as regional 
meetings and electronic exchanges of information. 
‘‘(3) PROPOSED REGULATIONS.—After obtain-
ing such advice and recommendations, and before 
publishing proposed regulations, the Secretary 
shall— 
‘‘(A) establish a negotiated rulemaking 
process; 
‘‘(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. 
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‘‘(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, 
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 
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246 
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-
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 of— 
‘‘(A) the burden, including the time, cost, 
and paperwork burden, the regulation will im-
pose on State educational agencies, local edu-
cational agencies, schools and other entities 
that may be impacted by the regulation; and 
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‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may cover the cost 
of the burden assessed under subparagraph (A). 
‘‘(d) LIMITATION.—Regulations to carry out this title 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a 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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248 
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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249 
‘‘(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 private school chil-
dren; and 
‘‘(G) specialized instructional support per-
sonnel. 
‘‘(3) DUTIES.—The duties of such committee 
shall include a review, before publication, of any pro-
posed or final State rule or regulation pursuant to 
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250 
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: 
‘‘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: 
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251 
‘‘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; 
‘‘(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) 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 
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.— 
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‘‘(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— 
‘‘(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 
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253 
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) ALTERNATE DISTRIBUTION OF FUNDS.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
through (5), if a State does not apply to the Sec-
retary for an allotment under this section, a local 
educational agency located in such State may apply 
to the Secretary for a portion of the funds that 
would have been allotted to the State had such State 
applied for an allotment under this section to carry 
out the activities under this part. 
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254 
‘‘(2) APPLICATION.—In order to receive an al-
lotment under paragraph (1), a local educational 
agency shall submit to the Secretary an application 
at such time, in such manner, and containing the in-
formation described in section 2122. 
‘‘(3) USE
OF
FUNDS.—A local educational 
agency receiving an allotment under paragraph 
(1)— 
‘‘(A) shall use such funds to carry out the 
activities described in section 2123(1); and 
‘‘(B) may use such funds to carry out the 
activities described in section 2123(2). 
‘‘(4) REPORTING REQUIREMENTS.—A local edu-
cational agency receiving an allotment under para-
graph (1) shall carry out the reporting requirements 
described in section 2131(a), except that annual re-
ports shall be submitted to the Secretary and not a 
State educational agency. 
‘‘(5) AMOUNT OF ALLOTMENT.—An allotment 
made to a local educational agency under paragraph 
(1) for a fiscal year shall be equal to the amount of 
subgrant funds that the local educational agency 
would have received under subpart 2 had such agen-
cy applied for a subgrant under such subpart for 
such fiscal year. 
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255 
‘‘(d) REALLOTMENT.—If a State does not apply for 
an allotment under this section for any fiscal year or only 
a portion of the State’s allotment is allotted under 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). 
‘‘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 
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256 
subgrants under subpart 2 to local educational agen-
cies. 
‘‘(5) In the case of a State educational agency 
that is not developing or implementing a statewide 
teacher evaluation system, a description of how the 
State educational agency will ensure that each local 
educational agency in the State receiving a subgrant 
under subpart 2 will implement a teacher evaluation 
system that meets the requirements of clauses (i) 
through (v) of section 2123(1)(A). 
‘‘(6) In the case of a State educational agency 
that is developing or implementing a statewide 
teacher evaluation system— 
‘‘(A) a description of how the State edu-
cational agency will work with local educational 
agencies in the State to implement the state-
wide teacher evaluation system within 3 years 
of the date of enactment of the Student Success 
Act; and 
‘‘(B) an assurance that the statewide 
teacher evaluation system complies with clauses 
(i) through (v) of section 2123(1)(A). 
‘‘(7) An assurance that the State educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
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257 
‘‘(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 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
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258 
‘‘(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— 
‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
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‘‘(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— 
‘‘(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— 
‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
tem that meets the requirements of 
clauses (i) through (v) of section 
2123(1)(A); and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
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260 
evaluation system, implementing such eval-
uation system; and 
‘‘(B) fulfill the State educational agency’s 
responsibilities with respect to the proper and 
efficient administration of the subgrant pro-
gram carried out under this part; and 
‘‘(2) may use the amount described in sub-
section (a)(2) to— 
‘‘(A) disseminate and share evidence-based 
and other effective practices related to teacher 
and school leader effectiveness and professional 
development; 
‘‘(B) provide professional development for 
teachers and school leaders in the State con-
sistent with section 2123(2)(D); and 
‘‘(C) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide 
school leader evaluation system, the devel-
opment and implementation of a school 
leader evaluation system; and 
‘‘(ii) in the case of a State educational 
agency implementing a statewide school 
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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 
‘‘(2) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
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262 
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; 
‘‘(C) in the case of a local educational 
agency not in a State with a statewide teacher 
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263 
evaluation system, the teacher evaluation sys-
tem that will be developed and implemented 
under section 2123(1) and how such system will 
meet the requirements described in clauses (i) 
through (v) of section 2123(1)(A); 
‘‘(D) how, in developing and implementing 
such a teacher evaluation system, the local edu-
cational agency will work with parents, teach-
ers, school leaders, and other staff of the 
schools served by the local educational agency; 
and 
‘‘(E) how the local educational agency will 
develop and implement such a teacher evalua-
tion system within 3 years of the date of enact-
ment of the Student Success Act. 
‘‘(2) In the case of a local educational agency 
in a State with a statewide teacher evaluation sys-
tem, a description of how the local educational agen-
cy will work with the State educational agency to 
implement the statewide teacher evaluation system 
within 3 years of the date of enactment of the Stu-
dent Success Act. 
‘‘(3) An assurance that the local educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
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264 
‘‘SEC. 2123. LOCAL USE OF FUNDS. 
‘‘A local educational agency receiving a subgrant 
under this subpart— 
‘‘(1) shall use such funds— 
‘‘(A) to develop and implement a teacher 
evaluation system that— 
‘‘(i) uses student achievement data 
derived from a variety of sources as a sig-
nificant factor in determining a teacher’s 
evaluation, with the weight given to such 
data defined by the local educational agen-
cy; 
‘‘(ii) uses multiple measures of evalua-
tion for evaluating teachers; 
‘‘(iii) has more than 2 categories for 
rating the performance of teachers; 
‘‘(iv) shall be used to make personnel 
decisions, as determined by the local edu-
cational agency; and 
‘‘(v) is based on input from parents, 
school leaders, teachers, and other staff of 
schools served by the local educational 
agency; or 
‘‘(B) in the case of a local educational 
agency located in a State implementing a state-
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wide teacher evaluation system, to implement 
such evaluation system; and 
‘‘(2) may use such funds for— 
‘‘(A) the training of school leaders or other 
individuals for the purpose of evaluating teach-
ers under a teacher evaluation system described 
in subparagraph (A) or (B) of paragraph (1), 
as appropriate; 
‘‘(B) in the case of a local educational 
agency located in a State implementing a state-
wide school leader evaluation system, to imple-
ment such evaluation system; 
‘‘(C) 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; 
‘‘(D) professional development for teachers 
and school leaders that is evidence-based, job- 
embedded, and continuous, such as— 
‘‘(i) subject-based professional devel-
opment for teachers; 
‘‘(ii) professional development aligned 
with the State’s academic standards; 
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‘‘(iii) professional development to as-
sist teachers in meeting the needs of stu-
dents with different learning styles, par-
ticularly students with disabilities and 
English learners; 
‘‘(iv) professional development for 
teachers identified as in need of additional 
support through data provided by a teach-
er evaluation system described in subpara-
graph (A) or (B) of paragraph (1), as ap-
propriate; 
‘‘(v) professional development based 
on the current science of learning, which 
includes research on positive brain change 
and cognitive skill development; 
‘‘(vi) professional development for 
school leaders, including evidence-based 
mentorship programs for such leaders; or 
‘‘(vii) professional development on in-
tegrated, interdisciplinary, and project- 
based teaching strategies, including for ca-
reer and technical education teachers; 
‘‘(E) partnering with a public or private 
organization or a consortium of such organiza-
tions to develop and implement a teacher eval-
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267 
uation system described in subparagraph (A) or 
(B) of paragraph (1), or to administer profes-
sional development, as appropriate; 
‘‘(F) any activities authorized under sec-
tion 2222(a); or 
‘‘(G) class size reduction, except that the 
local educational agency may use not more than 
10 percent of such funds for this purpose. 
‘‘Subpart 3—General Provisions 
‘‘SEC. 2131. REPORTING REQUIREMENTS. 
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 
educational agency receiving a subgrant under subpart 2 
shall submit to the State educational agency involved, on 
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) the number and percentage of teachers in 
each category established under clause (iii) of sec-
tion 2123(1)(A), except that such report shall not 
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reveal personally identifiable information about an 
individual teacher; and 
‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency receiving a grant under subpart 1 shall 
submit to the Secretary a report, on an annual basis until 
the last year in which the State educational agency re-
ceives such grant funds, on— 
‘‘(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. 
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269 
‘‘SEC. 2133. STATE DEFINED. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
(c) PART B.—Part B of title II (20 U.S.C. 6661 et 
seq.) is amended to read as follows: 
‘‘PART B—TEACHER AND SCHOOL LEADER 
FLEXIBLE GRANT 
‘‘SEC. 2201. PURPOSE. 
‘‘The purpose of this part is to improve student aca-
demic achievement in the core academic subjects 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 
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‘‘(2) of the amount reserved under paragraph 
(1), shall reserve— 
‘‘(A) not more than 1 percent for national 
activities described in section 2233; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
need, as determined by the Secretary, in 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 
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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. 
‘‘(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 
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are of sufficient size and scope to support effective 
programs that will help increase academic achieve-
ment in the classroom and are consistent with the 
purposes of this part; 
‘‘(5) describe the steps the State educational 
agency will take to ensure that eligible entities use 
subgrants received under section 2221 to carry out 
programs that implement effective strategies, includ-
ing by providing ongoing technical assistance and 
training, and disseminating evidence-based and other 
effective strategies to such eligible entities; 
‘‘(6) describe how programs under this part will 
be coordinated with other programs under this Act; 
and 
‘‘(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 
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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-
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 
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‘‘(II) school leaders have the in-
structional leadership skills to help 
teachers instruct and students learn. 
‘‘(ii) 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 
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. 
‘‘(iii) 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; or 
‘‘(III) teacher advancement ini-
tiatives that promote professional 
growth and emphasize multiple career 
paths and pay differentiation. 
‘‘(iv) 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 learning and achievement; and 
‘‘(II) increase the retention of ef-
fective teachers and school leaders. 
‘‘(v) Providing professional develop-
ment for teachers and school leaders that 
is focused on— 
‘‘(I) improving teaching and stu-
dent learning and achievement in the 
core academic subjects; and 
‘‘(II) improving teaching, student 
learning, and achievement for stu-
dents with different learning styles, 
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particularly students with disabilities, 
English learners, and other special 
populations. 
‘‘(vi) Providing training and technical 
assistance to eligible entities that receive a 
subgrant under section 2221. 
‘‘(vii) 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. 
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‘‘(ii) MATCHING
REQUIREMENT.—A 
State educational agency shall not provide 
funds under this subparagraph to support 
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 
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Secretary received the application, that the application is 
not in compliance with section 2211(c). 
‘‘(b) DISAPPROVAL PROCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall not fi-
nally disapprove an application submitted under sec-
tion 2211(c), except after giving the State 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 
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agency received the notification, and resubmits the 
application with the requested information described 
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.— 
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‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this section, an eligible entity shall 
submit an application to the State educational agen-
cy at such time, in such manner, and including such 
information as the State educational agency may 
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 5501 (regarding par-
ticipation by private school children and teach-
ers). 
‘‘(c) PEER REVIEW.—In reviewing applications under 
this section, a State educational agency shall use a peer 
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 
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among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(e) DURATION OF AWARDS.—A State educational 
agency may award subgrants under this section for a 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— 
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‘‘(i) differential, incentive, or bonus 
pay for teachers; 
‘‘(ii) performance-based pay systems 
for teachers and school leaders; 
‘‘(iii) teacher advancement initiatives 
that promote professional growth and em-
phasize multiple career paths and pay dif-
ferentiation; 
‘‘(iv) new teacher and school leader 
induction and mentoring programs that 
are designed to improve instruction, stu-
dent learning and 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 science, 
technology, engineering, and math fields, mid- 
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career professionals from other occupations, 
and former military personnel; 
‘‘(D) establishing, improving, or expanding 
model instructional programs in the core aca-
demic subjects 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 learning and achieve-
ment in the core academic subjects; 
‘‘(F) implementing programs based on the 
current science of learning, which includes re-
search on positive brain change and cognitive 
skill development; and 
‘‘(G) 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 
in the elementary schools and secondary schools 
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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 in the core academic subjects; 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 5101) that, 
in the absence of this section, would not have received 
funds under this title. 
‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 
‘‘At the beginning of each school year, a local edu-
cational agency that receives funds under this title shall 
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, 2013. 
TITLE III—PARENTAL ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXI-
BILITY. 
Title III (20 U.S.C. 6801 et seq.) is amended to read 
as follows: 
‘‘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— 
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‘‘(1) improve the United States education sys-
tem and educational 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; 
‘‘(6) improve student services to increase oppor-
tunities for students with disabilities, English learn-
ers, and other traditionally underserved students to 
attend charter schools and meet challenging State 
academic achievement standards; and 
‘‘(7) support efforts to strengthen the charter 
school authorizing process to improve performance 
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management, including transparency, monitoring, 
and evaluation of such schools. 
‘‘SEC. 3102. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(c)(1)(A), the Secretary shall carry out a 
charter school program under this subpart that supports 
charter schools that serve elementary school and sec-
ondary school students by— 
‘‘(1) supporting the startup, replication, and ex-
pansion of charter schools; 
‘‘(2) assisting charter schools in accessing cred-
it to acquire and renovate facilities for school use; 
and 
‘‘(3) carrying out national activities to sup-
port— 
‘‘(A) charter school development; 
‘‘(B) the dissemination of best practices of 
charter schools for all schools; and 
‘‘(C) the evaluation of the impact of the 
program on schools participating in the pro-
gram. 
‘‘(b) FUNDING
ALLOTMENT.—From the amount 
made available under section 3(c)(1)(A) for a fiscal year, 
the Secretary shall— 
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‘‘(1) reserve 15 percent to support charter 
school facilities assistance under section 3104; 
‘‘(2) reserve not more than 5 percent to carry 
out national activities under section 3105; and 
‘‘(3) use the remaining amount after the Sec-
retary reserves funds under paragraphs (1) and (2) 
to carry out section 3103. 
‘‘(c) PRIOR GRANTS AND SUBGRANTS.—The 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. 
‘‘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— 
‘‘(A) opening new charter schools; 
‘‘(B) opening replicable, high-quality char-
ter school models; or 
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‘‘(C) 
expanding 
high-quality 
charter 
schools; and 
‘‘(2) provide technical assistance to eligible ap-
plicants and authorized public chartering agencies in 
carrying out the activities described in paragraph (1) 
and work with authorized public chartering agencies 
in the State to improve authorizing quality. 
‘‘(b) STATE USES OF FUNDS.— 
‘‘(1) IN GENERAL.—A State entity receiving a 
grant under this section shall— 
‘‘(A) use 90 percent of the grant funds to 
award subgrants to eligible applicants, in ac-
cordance with the quality charter school pro-
gram described in the entity’s application ap-
proved pursuant to subsection (f), for the pur-
poses described in subparagraphs (A) through 
(C) of subsection (a)(1); and 
‘‘(B) reserve 10 percent of such funds to 
carry out the activities described in subsection 
(a)(2), of which not more than 30 percent may 
be used for administrative costs which may in-
clude technical assistance. 
‘‘(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. 
‘‘(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 
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 NUMBER AND AMOUNT.—The Sec-
retary shall ensure that the number of grants award-
ed under this section and the award amounts will 
allow for a sufficient number of new grants to be 
awarded under this section for each succeeding fiscal 
year. 
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‘‘(4) DIVERSITY OF PROJECTS.—Each State 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 without requir-
ing the adoption of any unrelated requirements over 
which the Secretary exercises administrative author-
ity except any such requirement relating to the ele-
ments of a charter school described in section 
5101(3), if— 
‘‘(A) the waiver is requested in an ap-
proved application under this section; and 
‘‘(B) the Secretary determines that grant-
ing such a waiver will promote the purpose of 
this subpart. 
‘‘(d) LIMITATIONS.— 
‘‘(1) GRANTS.—A State entity may not receive 
more than 1 grant under this section for a 5-year 
period. 
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‘‘(2) SUBGRANTS.—An eligible applicant may 
not receive more than 1 subgrant under this section 
for an individual charter school for a 5-year period, 
unless the eligible applicant demonstrates to the 
State entity not less than 3 years of improved edu-
cational results in the areas described in subpara-
graphs (A) and (D) of section 3110(5) 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 in running a 
quality charter school program under this section 
and how the objectives of the program will be car-
ried out, including a description— 
‘‘(A) of how the entity— 
‘‘(i) will support both new charter 
school startup and the expansion and rep-
lication of high-quality charter school mod-
els; 
‘‘(ii) 
will 
inform 
eligible 
charter 
schools, developers, and authorized public 
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chartering agencies of the availability of 
funds under the program; 
‘‘(iii) will work with eligible applicants 
to ensure that the applicants access all 
Federal funds that they are eligible to re-
ceive, 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; 
and 
‘‘(II) receive the commensurate 
share of Federal funds the schools 
and students are eligible to receive 
under such programs; 
‘‘(iv) in the case in which the entity is 
not a State educational agency— 
‘‘(I) will work with the State edu-
cational 
agency 
and 
the 
charter 
schools in the State to maximize char-
ter school participation in Federal and 
State programs for charter schools; 
and 
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‘‘(II) will work with the State 
educational agency to adequately op-
erate the entity’s program under this 
section, where applicable; 
‘‘(v) will ensure eligible applicants 
that receive a subgrant under the entity’s 
program are prepared to continue to oper-
ate the charter schools receiving the 
subgrant funds once the funds have ex-
pired; 
‘‘(vi) will support charter schools in 
local educational agencies with large num-
bers of schools implementing requirements 
under the State’s school improvement sys-
tem under section 1111(b)(3)(B)(iii); 
‘‘(vii) will work with charter schools to 
promote inclusion of all students and sup-
port all students once they are enrolled to 
promote retention; 
‘‘(viii) will work with charter schools 
on recruitment practices, including efforts 
to engage groups that may otherwise have 
limited opportunities to participate in char-
ter schools; 
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‘‘(ix) will share best and promising 
practices between charter schools and 
other public schools, including, where ap-
propriate, instruction and professional de-
velopment in science, math, technology, 
and engineering education; 
‘‘(x) will ensure the charter schools 
receiving funds under the entity’s program 
can meet the educational needs of their 
students, including students with disabil-
ities and English learners; and 
‘‘(xi) will support efforts to increase 
quality initiatives, including meeting the 
quality authorizing elements described in 
paragraph (2)(E); 
‘‘(B) of the extent to which the entity— 
‘‘(i) is able to meet and carry out the 
priorities listed in subsection (f)(2); and 
‘‘(ii) 
is 
working 
to 
develop 
or 
strengthen a cohesive statewide system to 
support the opening of new charter schools 
and replicable, high-quality charter school 
models, and the expansion of high-quality 
charter schools; 
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‘‘(C) of how the entity will carry out the 
subgrant competition, including— 
‘‘(i) a description of the application 
each eligible applicant desiring to receive a 
subgrant will submit, including— 
‘‘(I) a description of the roles 
and responsibilities of eligible appli-
cants, 
partner 
organizations, 
and 
management organizations, including 
the administrative and contractual 
roles and responsibilities; 
‘‘(II) a description of the quality 
controls agreed to between the eligible 
applicant and the authorized public 
chartering agency involved, such as a 
contract or performance agreement, 
and how a school’s performance in the 
State’s academic accountability sys-
tem will be a primary factor for re-
newal; and 
‘‘(III) a description of how the el-
igible applicant will solicit and con-
sider input from parents and other 
members of the community on the im-
plementation and operation of each 
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charter school receiving funds under 
the entity’s program; and 
‘‘(ii) a description of how the entity 
will review applications; 
‘‘(D) in the case of an entity that partners 
with an outside organization to carry out the 
entity’s quality charter school program, in 
whole or in part, of the roles and responsibil-
ities of this partner; 
‘‘(E) of how the entity will help the charter 
schools receiving funds under the entity’s pro-
gram consider the transportation needs of the 
schools’ students; and 
‘‘(F) of how the entity will support diverse 
charter school models, including models that 
serve rural communities. 
‘‘(2) ASSURANCES.—Assurances, including a 
description of how the assurances will be met, 
that— 
‘‘(A) each charter school receiving funds 
under the entity’s program will have a high de-
gree of autonomy over budget and operations; 
‘‘(B) the entity will support charter schools 
in meeting the educational needs of their stu-
dents as described in paragraph (1)(A)(x); 
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‘‘(C) the entity will ensure that the author-
ized public chartering agency of any charter 
school that receives funds under the entity’s 
program— 
‘‘(i) ensures that each charter school 
is meeting the obligations under this Act, 
part B of the Individuals with Disabilities 
Education Act, title VI of the Civil Rights 
Act of 1964, section 504 of the Rehabilita-
tion Act of 1973, the Age Discrimination 
Act of 1975, and title IX of the Education 
Amendments of 1972; 
‘‘(ii) adequately monitors and helps 
each charter school in recruiting, enrolling, 
and meeting the needs of all students, in-
cluding students with disabilities and 
English learners; and 
‘‘(iii) ensures that each charter school 
solicits and considers input from parents 
and other members of the community on 
the implementation and operation of the 
school; 
‘‘(D) the entity will provide adequate tech-
nical assistance to eligible applicants to— 
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‘‘(i) meet the objectives described in 
clauses (vii), (viii), and (x) of paragraph 
(1)(A); and 
‘‘(ii) enroll traditionally underserved 
students, including students with disabil-
ities and English learners, to promote an 
inclusive education environment; 
‘‘(E) the entity will promote quality au-
thorizing, such as through providing technical 
assistance, to support all authorized public 
chartering agencies in the State to improve the 
monitoring of their charter schools, including 
by— 
‘‘(i) assessing annual performance 
data of the schools, including, as appro-
priate, 
graduation 
rates 
and 
student 
growth; and 
‘‘(ii) reviewing the schools’ inde-
pendent, annual audits of financial state-
ments conducted in accordance with gen-
erally accepted accounting principles, and 
ensuring any such audits are publically re-
ported; 
‘‘(F) the entity will work to ensure that 
charter schools are included with the traditional 
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public schools in decisionmaking about the pub-
lic school system in the State; and 
‘‘(G) the entity will ensure that each char-
ter school in the State make publicly available, 
consistent with the dissemination requirements 
of the annual State report card, the information 
parents need to make informed decisions about 
the education options available to their children, 
including information on the educational pro-
gram, student support services, and annual per-
formance and enrollment data for the groups of 
students 
described 
in 
section 
1111(b)(3)(B)(ii)(II). 
‘‘(3) REQUESTS FOR WAIVERS.—A request and 
justification for waivers of any Federal statutory or 
regulatory provisions that the entity believes are nec-
essary for the successful operation of the charter 
schools that will receive funds under the entity’s pro-
gram under this section, and a description of any 
State or local rules, generally applicable to public 
schools, that will be waived, or otherwise not apply 
to such schools. 
‘‘(f) SELECTION CRITERIA; PRIORITY.— 
‘‘(1) SELECTION
CRITERIA.—The Secretary 
shall award grants to State entities under this sec-
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tion on the basis of the quality of the applications 
submitted under subsection (e), after taking into 
consideration— 
‘‘(A) the degree of flexibility afforded by 
the State’s public charter school law and how 
the entity will work to maximize the flexibility 
provided to charter schools under the law; 
‘‘(B) the ambitiousness of the entity’s ob-
jectives for the quality charter school program 
carried out under this section; 
‘‘(C) the quality of the strategy for assess-
ing achievement of those objectives; 
‘‘(D) the likelihood that the eligible appli-
cants receiving subgrants under the program 
will meet those objectives and improve edu-
cational results for students; 
‘‘(E) the proposed number of new charter 
schools to be opened, and the proposed number 
of high-quality charter schools to be replicated 
or expanded under the program; 
‘‘(F) the entity’s plan to— 
‘‘(i) adequately monitor the eligible 
applicants receiving subgrants under the 
entity’s program; and 
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‘‘(ii) work with the authorized public 
chartering agencies involved to avoid dupli-
cation of work for the charter schools and 
authorized public chartering agencies; 
‘‘(G) the entity’s plan to provide adequate 
technical assistance, as described in the entity’s 
application under subsection (e), for the eligible 
applicants receiving subgrants under the enti-
ty’s program under this section; 
‘‘(H) the entity’s plan to support quality 
authorizing efforts in the State, consistent with 
the objectives described in subparagraph (B); 
and 
‘‘(I) the entity’s plan to solicit and con-
sider input from parents and other members of 
the community on the implementation and oper-
ation of the charter schools in the State. 
‘‘(2) PRIORITY.—In awarding grants under this 
section, the Secretary shall give priority to State en-
tities to the extent that they meet the following cri-
teria: 
‘‘(A) In the case of a State entity located 
in a State that allows an entity other than a 
local educational agency to be an authorized 
public chartering agency, the State has a qual-
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ity authorized public chartering agency that is 
an entity other than a local educational agency. 
‘‘(B) The State entity is located in a State 
that does not impose any limitation on the 
number or percentage of charter schools that 
may exist or the number or percentage of stu-
dents that may attend charter schools in the 
State. 
‘‘(C) The State entity is located in a State 
that ensures equitable financing, as compared 
to traditional public schools, for charter schools 
and students in a prompt manner. 
‘‘(D) The State entity is located in a State 
that uses charter schools and best practices 
from charter schools to help improve struggling 
schools and local educational agencies. 
‘‘(E) The State entity partners with an or-
ganization that has a demonstrated record of 
success in developing management organiza-
tions to support the development of charter 
schools in the State. 
‘‘(F) The State entity demonstrates quality 
policies and practices to support and monitor 
charter schools through factors including— 
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‘‘(i) the proportion of high-quality 
charter schools in the State; and 
‘‘(ii) the proportion of charter schools 
enrolling, at a rate similar to traditional 
public schools, traditionally underserved 
students, including students with disabil-
ities and English learners. 
‘‘(G) The State entity supports charter 
schools that support at-risk students through 
activities such as dropout prevention or dropout 
recovery. 
‘‘(H) The State entity authorizes all char-
ter schools in the State to serve as school food 
authorities. 
‘‘(g) LOCAL USES OF FUNDS.—An eligible applicant 
receiving a subgrant under this section shall use such 
funds to open new charter schools, open replicable, high- 
quality charter school models, or expand existing high- 
quality charter schools. 
‘‘(h) REPORTING REQUIREMENTS.—Each State enti-
ty receiving a grant under this section shall submit to the 
Secretary, at the end of the third year of the 5-year grant 
period and at the end of such grant period, a report on— 
‘‘(1) the number of students served under each 
subgrant awarded under this section and, if applica-
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ble, how many new students were served during each 
year of the subgrant period; 
‘‘(2) the number of subgrants awarded under 
this section to carry out each of the following— 
‘‘(A) the opening of new charter schools; 
‘‘(B) the opening of replicable, high-quality 
charter school models; and 
‘‘(C) the expansion of high-quality charter 
schools; 
‘‘(3) the progress the entity made toward meet-
ing the priorities described in subsection (f)(2), as 
applicable; 
‘‘(4) how the entity met the objectives of the 
quality charter school program described in the enti-
ty’s application under subsection (e); 
‘‘(5) how the entity complied with, and ensured 
that eligible applicants complied with, the assurances 
described in the entity’s application; and 
‘‘(6) how the entity worked with authorized 
public chartering agencies and how such agencies 
worked with the management company or leadership 
of the schools that received subgrants under this 
section. 
‘‘(i) STATE ENTITY DEFINED.—For purposes of this 
section, the term ‘State entity’ means— 
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‘‘(1) a State educational agency; 
‘‘(2) a State charter school board; or 
‘‘(3) a Governor of a State. 
‘‘SEC. 3104. FACILITIES FINANCING ASSISTANCE. 
‘‘(a) GRANTS TO ELIGIBLE ENTITIES.— 
‘‘(1) IN GENERAL.—From the amount reserved 
under section 3102(b)(1), the Secretary shall award 
grants to eligible entities that have the highest-qual-
ity applications approved under subsection (d), after 
considering the diversity of such applications, to 
demonstrate innovative methods of assisting charter 
schools to address the cost of acquiring, con-
structing, and renovating facilities by enhancing the 
availability of loans or bond financing. 
‘‘(2) ELIGIBLE
ENTITY
DEFINED.—For pur-
poses of this section, the term ‘eligible entity’ 
means— 
‘‘(A) a public entity, such as a State or 
local governmental entity; 
‘‘(B) a private nonprofit entity; or 
‘‘(C) a consortium of entities described in 
subparagraphs (A) and (B). 
‘‘(b) GRANTEE SELECTION.—The Secretary shall 
evaluate each application submitted under subsection (d), 
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and shall determine whether the application is sufficient 
to merit approval. 
‘‘(c) GRANT CHARACTERISTICS.—Grants under sub-
section (a) shall be of a sufficient size, scope, and quality 
so as to ensure an effective demonstration of an innovative 
means of enhancing credit for the financing of charter 
school acquisition, construction, or renovation. 
‘‘(d) APPLICATIONS.— 
‘‘(1) IN GENERAL.—To receive a grant under 
subsection (a), an eligible entity shall submit to the 
Secretary an application in such form as the Sec-
retary may reasonably require. 
‘‘(2) CONTENTS.—An application submitted 
under paragraph (1) shall contain— 
‘‘(A) a statement identifying the activities 
proposed to be undertaken with funds received 
under subsection (a), including how the eligible 
entity will determine which charter schools will 
receive assistance, and how much and what 
types of assistance charter schools will receive; 
‘‘(B) a description of the involvement of 
charter schools in the application’s development 
and the design of the proposed activities; 
‘‘(C) a description of the eligible entity’s 
expertise in capital market financing; 
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‘‘(D) a description of how the proposed ac-
tivities will leverage the maximum amount of 
private-sector financing capital relative to the 
amount of Federal, State, or local government 
funding used and otherwise enhance credit 
available to charter schools, including how the 
entity will offer a combination of rates and 
terms more favorable than the rates and terms 
that a charter school could receive without as-
sistance from the entity under this section; 
‘‘(E) a description of how the eligible enti-
ty possesses sufficient expertise in education to 
evaluate the likelihood of success of a charter 
school program for which facilities financing is 
sought; and 
‘‘(F) in the case of an application sub-
mitted by a State governmental entity, a de-
scription of the actions that the entity has 
taken, or will take, to ensure that charter 
schools within the State receive the funding the 
charter schools need to have adequate facilities. 
‘‘(e) CHARTER SCHOOL OBJECTIVES.—An eligible 
entity receiving a grant under this section shall use the 
funds deposited in the reserve account established under 
subsection (f) to assist one or more charter schools to ac-
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cess private sector capital to accomplish one or both of 
the following objectives: 
‘‘(1) The acquisition (by purchase, lease, dona-
tion, or otherwise) of an interest (including an inter-
est held by a third party for the benefit of a charter 
school) in improved or unimproved real property 
that is necessary to commence or continue the oper-
ation of a charter school. 
‘‘(2) The construction of new facilities, includ-
ing predevelopment costs, or the renovation, repair, 
or alteration of existing facilities, necessary to com-
mence or continue the operation of a charter school. 
‘‘(f) RESERVE ACCOUNT.— 
‘‘(1) USE OF FUNDS.—To assist charter schools 
to accomplish the objectives described in subsection 
(e), an eligible entity receiving a grant under sub-
section (a) shall, in accordance with State and local 
law, directly or indirectly, alone or in collaboration 
with others, deposit the funds received under sub-
section (a) (other than funds used for administrative 
costs in accordance with subsection (g)) in a reserve 
account established and maintained by the eligible 
entity for this purpose. Amounts deposited in such 
account shall be used by the eligible entity for one 
or more of the following purposes: 
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‘‘(A) Guaranteeing, insuring, and rein-
suring bonds, notes, evidences of debt, loans, 
and interests therein, the proceeds of which are 
used for an objective described in subsection 
(e). 
‘‘(B) Guaranteeing and insuring leases of 
personal and real property for an objective de-
scribed in subsection (e). 
‘‘(C) Facilitating financing by identifying 
potential lending sources, encouraging private 
lending, and other similar activities that di-
rectly promote lending to, or for the benefit of, 
charter schools. 
‘‘(D) Facilitating the issuance of bonds by 
charter schools, or by other public entities for 
the benefit of charter schools, by providing 
technical, administrative, and other appropriate 
assistance (including the recruitment of bond 
counsel, underwriters, and potential investors 
and the consolidation of multiple charter school 
projects within a single bond issue). 
‘‘(2) INVESTMENT.—Funds received under this 
section and deposited in the reserve account estab-
lished under paragraph (1) shall be invested in obli-
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gations issued or guaranteed by the United States or 
a State, or in other similarly low-risk securities. 
‘‘(3) REINVESTMENT OF EARNINGS.—Any earn-
ings on funds received under subsection (a) shall be 
deposited in the reserve account established under 
paragraph (1) and used in accordance with such 
paragraph. 
‘‘(g) LIMITATION ON ADMINISTRATIVE COSTS.—An 
eligible entity may use not more than 2.5 percent of the 
funds received under subsection (a) for the administrative 
costs of carrying out its responsibilities under this section 
(excluding subsection (k)). 
‘‘(h) AUDITS AND REPORTS.— 
‘‘(1) FINANCIAL
RECORD
MAINTENANCE
AND 
AUDIT.—The financial records of each eligible entity 
receiving a grant under subsection (a) shall be main-
tained in accordance with generally accepted ac-
counting principles and shall be subject to an annual 
audit by an independent public accountant. 
‘‘(2) REPORTS.— 
‘‘(A) GRANTEE ANNUAL REPORTS.—Each 
eligible entity receiving a grant under sub-
section (a) annually shall submit to the Sec-
retary a report of its operations and activities 
under this section. 
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‘‘(B) CONTENTS.—Each annual report 
submitted under subparagraph (A) shall in-
clude— 
‘‘(i) a copy of the most recent finan-
cial statements, and any accompanying 
opinion on such statements, prepared by 
the independent public accountant review-
ing the financial records of the eligible en-
tity; 
‘‘(ii) a copy of any report made on an 
audit of the financial records of the eligible 
entity that was conducted under paragraph 
(1) during the reporting period; 
‘‘(iii) an evaluation by the eligible en-
tity of the effectiveness of its use of the 
Federal funds provided under subsection 
(a) in leveraging private funds; 
‘‘(iv) a listing and description of the 
charter schools served during the reporting 
period, including the amount of funds used 
by each school, the type of project facili-
tated by the grant, and the type of assist-
ance provided to the charter schools; 
‘‘(v) a description of the activities car-
ried out by the eligible entity to assist 
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charter schools in meeting the objectives 
set forth in subsection (e); and 
‘‘(vi) a description of the characteris-
tics of lenders and other financial institu-
tions participating in the activities under-
taken by the eligible entity under this sec-
tion (excluding subsection (k)) during the 
reporting period. 
‘‘(C) SECRETARIAL
REPORT.—The Sec-
retary shall review the reports submitted under 
subparagraph (A) and shall provide a com-
prehensive annual report to Congress on the ac-
tivities conducted under this section (excluding 
subsection (k)). 
‘‘(i) NO FULL FAITH AND CREDIT FOR GRANTEE 
OBLIGATION.—No financial obligation of an eligible entity 
entered into pursuant to this section (such as an obliga-
tion under a guarantee, bond, note, evidence of debt, or 
loan) shall be an obligation of, or guaranteed in any re-
spect by, the United States. The full faith and credit of 
the United States is not pledged to the payment of funds 
which may be required to be paid under any obligation 
made by an eligible entity pursuant to any provision of 
this section. 
‘‘(j) RECOVERY OF FUNDS.— 
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‘‘(1) IN GENERAL.—The Secretary, in accord-
ance with chapter 37 of title 31, United States 
Code, shall collect— 
‘‘(A) all of the funds in a reserve account 
established by an eligible entity under sub-
section (f)(1) if the Secretary determines, not 
earlier than 2 years after the date on which the 
eligible entity first received funds under this 
section (excluding subsection (k)), that the eli-
gible entity has failed to make substantial 
progress in carrying out the purposes described 
in subsection (f)(1); or 
‘‘(B) all or a portion of the funds in a re-
serve account established by an eligible entity 
under subsection (f)(1) if the Secretary deter-
mines that the eligible entity has permanently 
ceased to use all or a portion of the funds in 
such account to accomplish any purpose de-
scribed in subsection (f)(1). 
‘‘(2) EXERCISE OF AUTHORITY.—The Secretary 
shall not exercise the authority provided in para-
graph (1) to collect from any eligible entity any 
funds that are being properly used to achieve one or 
more of the purposes described in subsection (f)(1). 
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‘‘(3) PROCEDURES.—The provisions of sections 
451, 452, and 458 of the General Education Provi-
sions Act (20 U.S.C. 1234, 1234a, 1234g) shall 
apply to the recovery of funds under paragraph (1). 
‘‘(4) CONSTRUCTION.—This subsection shall 
not be construed to impair or affect the authority of 
the Secretary to recover funds under part D of the 
General Education Provisions Act (20 U.S.C. 1234 
et seq.). 
‘‘(k) PER-PUPIL FACILITIES AID PROGRAM.— 
‘‘(1) DEFINITION OF PER-PUPIL FACILITIES AID 
PROGRAM.—In this subsection, the term ‘per-pupil 
facilities aid program’ means a program in which a 
State makes payments, on a per-pupil basis, to char-
ter schools to provide the schools with financing— 
‘‘(A) that is dedicated solely for funding 
charter school facilities; or 
‘‘(B) a portion of which is dedicated for 
funding charter school facilities. 
‘‘(2) GRANTS.— 
‘‘(A) IN GENERAL.—From the amount re-
served under section 3102(b)(1) and remaining 
after the Secretary makes grants under sub-
section (a), the Secretary shall make grants, on 
a competitive basis, to States to pay for the 
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Federal share of the cost of establishing or en-
hancing, and administering per-pupil facilities 
aid programs. 
‘‘(B) PERIOD.—The Secretary shall award 
grants under this subsection for periods of not 
more than 5 years. 
‘‘(C) 
FEDERAL
SHARE.—The 
Federal 
share of the cost described in subparagraph (A) 
for a per-pupil facilities aid program shall be 
not more than— 
‘‘(i) 90 percent of the cost, for the 
first fiscal year for which the program re-
ceives assistance under this subsection; 
‘‘(ii) 80 percent in the second such 
year; 
‘‘(iii) 60 percent in the third such 
year; 
‘‘(iv) 40 percent in the fourth such 
year; and 
‘‘(v) 20 percent in the fifth such year. 
‘‘(D) STATE SHARE.—A State receiving a 
grant under this subsection may partner with 1 
or more organizations to provide up to 50 per-
cent of the State share of the cost of estab-
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lishing or enhancing, and administering the per- 
pupil facilities aid program. 
‘‘(E) MULTIPLE
GRANTS.—A State may 
receive more than 1 grant under this sub-
section, so long as the amount of such funds 
provided to charter schools increases with each 
successive grant. 
‘‘(3) USE OF FUNDS.— 
‘‘(A) IN GENERAL.—A State that receives 
a grant under this subsection shall use the 
funds made available through the grant to es-
tablish or enhance, and administer, a per-pupil 
facilities aid program for charter schools in the 
State of the applicant. 
‘‘(B) EVALUATIONS; TECHNICAL
ASSIST-
ANCE; 
DISSEMINATION.—From the amount 
made available to a State through a grant 
under this subsection for a fiscal year, the State 
may reserve not more than 5 percent to carry 
out evaluations, to provide technical assistance, 
and to disseminate information. 
‘‘(C) SUPPLEMENT, 
NOT
SUPPLANT.— 
Funds made available under this subsection 
shall be used to supplement, and not supplant, 
State, and local public funds expended to pro-
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