339 
tinuation, or enhancement of academic programs 
and services offered at magnet schools; 
‘‘(2) for the acquisition of books, materials, and 
equipment, including computers and the mainte-
nance and operation of materials, equipment, and 
computers, necessary to conduct programs in mag-
net schools; 
‘‘(3) for the compensation, or subsidization of 
the compensation, of elementary school and sec-
ondary school teachers, and instructional staff where 
applicable, who are necessary to conduct programs 
in magnet schools; 
‘‘(4) with respect to a magnet school program 
offered to less than the entire student population of 
a school, for instructional activities that— 
‘‘(A) are designed to make available the 
special curriculum that is offered by the magnet 
school program to students who are enrolled in 
the school but who are not enrolled in the mag-
net school program; and 
‘‘(B) further the purpose of this subpart; 
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the 
grant period has ended;
340 
‘‘(6) to enable the local educational agency, or 
consortium of such agencies, to have more flexibility 
in the administration of a magnet school program in 
order to serve students attending a school who are 
not enrolled in a magnet school program; and 
‘‘(7) to enable the local educational agency, or 
consortium of such agencies, to have flexibility in de-
signing magnet schools for students in all grades. 
‘‘(b) SPECIAL RULE.—Grant funds under this sub-
part may be used for activities described in paragraphs 
(2) and (3) of subsection (a) only if the activities are di-
rectly related to improving student academic achievement 
based on the State’s academic standards or directly re-
lated to improving student reading skills or knowledge of 
mathematics, science, history, geography, English, foreign 
languages, art, or music, or to improving career, technical, 
and professional skills. 
‘‘SEC. 3128. LIMITATIONS. 
‘‘(a) DURATION OF AWARDS.—A grant under this 
subpart shall be awarded for a period that shall not exceed 
3 fiscal years. 
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local 
educational agency, or consortium of such agencies, may 
expend for planning (professional development shall not 
be considered to be planning for purposes of this sub-
341 
section) not more than 50 percent of the grant funds re-
ceived under this subpart for the first year of the program 
and not more than 15 percent of such funds for each of 
the second and third such years. 
‘‘(c) AMOUNT.—No local educational agency, or con-
sortium of such agencies, awarded a grant under this sub-
part shall receive more than $4,000,000 under this sub-
part for any 1 fiscal year. 
‘‘(d) TIMING.—To the extent practicable, the Sec-
retary shall award grants for any fiscal year under this 
subpart not later than July 1 of the applicable fiscal year. 
‘‘SEC. 3129. EVALUATIONS. 
‘‘(a) RESERVATION.—The Secretary may reserve not 
more than 2 percent of the funds appropriated under sec-
tion 3(c)(1)(B) for any fiscal year to carry out evaluations, 
provide technical assistance, and carry out dissemination 
projects with respect to magnet school programs assisted 
under this subpart. 
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address— 
‘‘(1) how and the extent to which magnet school 
programs lead to educational quality and academic 
improvement; 
‘‘(2) the extent to which magnet school pro-
grams enhance student access to a quality education;
342 
‘‘(3) the extent to which magnet school pro-
grams lead to the elimination, reduction, or preven-
tion of minority group isolation in elementary 
schools and secondary schools with substantial pro-
portions of minority students; and 
‘‘(4) the extent to which magnet school pro-
grams differ from other school programs in terms of 
the organizational characteristics and resource allo-
cations of such magnet school programs. 
‘‘(c) DISSEMINATION.—The Secretary shall collect 
and disseminate to the general public information on suc-
cessful magnet school programs. 
‘‘SEC. 3130. RESERVATION. 
‘‘In any fiscal year for which the amount appro-
priated under section 3(c)(1)(B) exceeds $75,000,000, the 
Secretary shall give priority in using such amounts in ex-
cess of $75,000,000 to awarding grants to local edu-
cational agencies or consortia of such agencies that did 
not receive a grant under this subpart in the preceding 
fiscal year. 
‘‘Subpart 3—Family Engagement in Education 
Programs 
‘‘SEC. 3141. PURPOSES. 
‘‘The purposes of this subpart are the following:
343 
‘‘(1) To provide financial support to organiza-
tions to provide technical assistance and training to 
State and local educational agencies in the imple-
mentation and enhancement of systemic and effec-
tive family engagement policies, programs, and ac-
tivities that lead to improvements in student devel-
opment and academic achievement. 
‘‘(2) To assist State educational agencies, local 
educational agencies, community-based organiza-
tions, schools, and educators in strengthening part-
nerships among parents, teachers, school leaders, ad-
ministrators, and other school personnel in meeting 
the educational needs of children and fostering 
greater parental engagement. 
‘‘(3) To support State educational agencies, 
local educational agencies, schools, educators, and 
parents in developing and strengthening the relation-
ship between parents and their children’s school in 
order to further the developmental progress of chil-
dren. 
‘‘(4) To coordinate activities funded under this 
subpart with parent involvement initiatives funded 
under section 1118 and other provisions of this Act. 
‘‘(5) To assist the Secretary, State educational 
agencies, and local educational agencies in the co-
344 
ordination and integration of Federal, State, and 
local services and programs to engage families in 
education. 
‘‘SEC. 3142. GRANTS AUTHORIZED. 
‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 
From the amount appropriated under section 3(c)(1)(C), 
the Secretary is authorized to award grants for each fiscal 
year to statewide organizations (or consortia of such orga-
nizations), to establish Statewide Family Engagement 
Centers that provide comprehensive training and technical 
assistance to State educational agencies, local educational 
agencies, schools identified by State educational agencies 
and local educational agencies, organizations that support 
family-school partnerships, and other organizations that 
carry out, or carry out directly, parent education and fam-
ily engagement in education programs. 
‘‘(b) MINIMUM AWARD.—In awarding grants under 
this section, the Secretary shall, to the extent practicable, 
ensure that a grant is awarded for a Statewide Family 
Engagement Center in an amount not less than $500,000. 
‘‘SEC. 3143. APPLICATIONS. 
‘‘(a) SUBMISSIONS.—Each statewide organization, or 
a consortium of such organizations, that desires a grant 
under this subpart shall submit an application to the Sec-
345 
retary at such time, in such manner, and including the 
information described in subsection (b). 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include, at a minimum, the following: 
‘‘(1) A description of the applicant’s approach 
to family engagement in education. 
‘‘(2) A description of the support that the 
Statewide Family Engagement Center that will be 
operated by the applicant will have from the State 
educational agency and any partner organization 
outlining the commitment to work with the center. 
‘‘(3) A description of the applicant’s plan for 
building a statewide infrastructure for family en-
gagement in education, that includes— 
‘‘(A) management and governance; 
‘‘(B) statewide leadership; or 
‘‘(C) systemic services for family engage-
ment in education. 
‘‘(4) A description of the applicant’s dem-
onstrated experience in providing training, informa-
tion, and support to State educational agencies, local 
educational agencies, schools, educators, parents, 
and organizations on family engagement in edu-
cation policies and practices that are effective for 
parents (including low-income parents) and families,
346 
English learners, minorities, parents of students 
with disabilities, parents of homeless students, foster 
parents and students, and parents of migratory stu-
dents, including evaluation results, reporting, or 
other data exhibiting such demonstrated experience. 
‘‘(5) A description of the steps the applicant 
will take to target services to low-income students 
and parents. 
‘‘(6) An assurance that the applicant will— 
‘‘(A) establish a special advisory com-
mittee, the membership of which includes— 
‘‘(i) parents, who shall constitute a 
majority of the members of the special ad-
visory committee; 
‘‘(ii) representatives of education pro-
fessionals with expertise in improving serv-
ices for disadvantaged children; 
‘‘(iii) representatives of local elemen-
tary schools and secondary schools, includ-
ing students; 
‘‘(iv) representatives of the business 
community; and 
‘‘(v) representatives of State edu-
cational agencies and local educational 
agencies;
348 
‘‘(ii) parent training and information 
centers and community parent resource 
centers assisted under sections 671 and 
672 of the Individuals with Disabilities 
Education Act; 
‘‘(G) use not less than 30 percent of the 
funds received under this subpart for each fiscal 
year to establish or expand technical assistance 
for evidence-based parent education programs; 
‘‘(H) provide assistance to State edu-
cational agencies and local educational agencies 
and community-based organizations that sup-
port family members in supporting student aca-
demic achievement; 
‘‘(I) work with State educational agencies, 
local educational agencies, schools, educators, 
and parents to determine parental needs and 
the best means for delivery of services to ad-
dress such needs; 
‘‘(J) conduct sufficient outreach to assist 
parents, including parents who the applicant 
may have a difficult time engaging with a 
school or local educational agency; and 
‘‘(K) conduct outreach to low-income stu-
dents and parents, including low-income stu-
349 
dents and parents who are not proficient in 
English. 
‘‘(7) An assurance that the applicant will con-
duct training programs in the community to improve 
adult literacy, including financial literacy. 
‘‘SEC. 3144. USES OF FUNDS. 
‘‘(a) IN GENERAL.—Grantees shall use grant funds 
received under this subpart, based on the needs deter-
mined under section 3143(b)(6)(I), to provide training 
and technical assistance to State educational agencies, 
local educational agencies, and organizations that support 
family-school partnerships, and activities, services, and 
training for local educational agencies, school leaders, edu-
cators, and parents— 
‘‘(1) to assist parents in participating effectively 
in their children’s education and to help their chil-
dren meet State standards, such as assisting par-
ents— 
‘‘(A) to engage in activities that will im-
prove student academic achievement, including 
understanding how they can support learning in 
the classroom with activities at home and in 
afterschool and extracurricular programs;
350 
‘‘(B) to communicate effectively with their 
children, teachers, school leaders, counselors, 
administrators, and other school personnel; 
‘‘(C) to become active participants in the 
development, implementation, and review of 
school-parent compacts, family engagement in 
education policies, and school planning and im-
provement; 
‘‘(D) to participate in the design and pro-
vision of assistance to students who are not 
making academic progress; 
‘‘(E) to participate in State and local deci-
sionmaking; 
‘‘(F) to train other parents; and 
‘‘(G) to help the parents learn and use 
technology (including education about the 
harms of copyright piracy), applied in their 
children’s education; 
‘‘(2) to develop and implement, in partnership 
with the State educational agency, statewide family 
engagement in education policy and systemic initia-
tives that will provide for a continuum of services to 
remove barriers for family engagement in education 
and support school reform efforts; and
351 
‘‘(3) to develop and implement parental involve-
ment policies under this Act. 
‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.— 
For each fiscal year after the first fiscal year for which 
an organization or consortium receives assistance under 
this section, the organization or consortium shall dem-
onstrate in the application that a portion of the services 
provided by the organization or consortium is supported 
through non-Federal contributions, which may be in cash 
or in-kind. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 
reserve not more than 2 percent of the funds appropriated 
under section 3(c)(1)(C) to carry out this subpart to pro-
vide technical assistance, by competitive grant or contract, 
for the establishment, development, and coordination of 
Statewide Family Engagement Centers. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a Statewide Family En-
gagement Center from— 
‘‘(1) having its employees or agents meet with 
a parent at a site that is not on school grounds; or 
‘‘(2) working with another agency that serves 
children. 
‘‘(e) PARENTAL
RIGHTS.—Notwithstanding any 
other provision of this section—
352 
‘‘(1) no person (including a parent who edu-
cates a child at home, a public school parent, or a 
private school parent) shall be required to partici-
pate in any program of parent education or develop-
mental screening under this section; and 
‘‘(2) no program or center assisted under this 
section shall take any action that infringes in any 
manner on the right of a parent to direct the edu-
cation of their children. 
‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 
‘‘The Secretary of the Interior, in consultation with 
the Secretary of Education, shall establish, or enter into 
contracts and cooperative agreements with local Indian 
nonprofit parent organizations to establish and operate 
Family Engagement Centers. 
‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 
‘‘SEC. 3201. PURPOSE. 
‘‘The purpose of this part is to— 
‘‘(1) provide local educational agencies with the 
opportunity to access funds to support the initiatives 
important to their schools and students to improve 
academic achievement and student engagement, in-
cluding protecting student safety; and 
‘‘(2) provide nonprofit and for-profit entities 
the opportunity to work with students to improve
353 
academic achievement and student engagement, in-
cluding student safety. 
‘‘SEC. 3202. ALLOTMENTS TO STATES. 
‘‘(a) RESERVATIONS.—From the funds appropriated 
under section 3(c)(2) for any fiscal year, the Secretary 
shall reserve— 
‘‘(1) not more than one-half of 1 percent for 
national activities to provide technical assistance to 
eligible entities in carrying out programs under this 
part; and 
‘‘(2) not more than one-half of 1 percent for 
payments to the outlying areas and the Bureau of 
Indian Education, to be allotted in accordance with 
their respective needs for assistance under this part, 
as determined by the Secretary, to enable the out-
lying areas and the Bureau to carry out the purpose 
of this part. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) DETERMINATION.—From the funds appro-
priated under section 3(c)(2) for any fiscal year and 
remaining after the Secretary makes reservations 
under subsection (a), the Secretary shall allot to 
each State for the fiscal year an amount that bears 
the same relationship to the remainder as the 
amount the State received under chapter B of sub-
354 
part 1 of part A of title I for the preceding fiscal 
year bears to the amount all States received under 
that chapter for the preceding fiscal year, except 
that no State shall receive less than an amount 
equal to one-half of 1 percent of the total amount 
made available to all States under this subsection. 
‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 
State does not receive an allotment under this part 
for a fiscal year, the Secretary shall reallot the 
amount of the State’s allotment to the remaining 
States in accordance with this section. 
‘‘(c) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this part shall reserve not less than 
75 percent of the amount allotted to the State under 
subsection (b) for each fiscal year for awards to eli-
gible entities under section 3204. 
‘‘(2) AWARDS
TO
NONGOVERNMENTAL
ENTI-
TIES
TO
IMPROVE
STUDENT
ACADEMIC
ACHIEVE-
MENT.—Each State that receives an allotment under 
subsection (b) for each fiscal year shall reserve not 
less than 8 percent of the amount allotted to the 
State for awards to nongovernmental entities under 
section 3205.
355 
‘‘(3) STATE ACTIVITIES AND STATE ADMINIS-
TRATION.—A State educational agency may reserve 
not more than 17 percent of the amount allotted to 
the State under subsection (b) for each fiscal year 
for the following: 
‘‘(A) Not more than 5 percent of such 
amount for each fiscal year for— 
‘‘(i) the administrative costs of car-
rying out its responsibilities under this 
part; 
‘‘(ii) monitoring and evaluation of 
programs and activities assisted under this 
part; 
‘‘(iii) providing training and technical 
assistance under this part; 
‘‘(iv) statewide academic focused pro-
grams; or 
‘‘(v) sharing evidence-based and other 
effective strategies with eligible entities. 
‘‘(B) To do one or more of the following: 
‘‘(i) To pay the costs of developing the 
State assessments and standards required 
under section 1111(b), which may include 
the costs of working, at the sole discretion 
of the State, in voluntary partnerships
356 
with other States to develop such assess-
ments and standards. 
‘‘(ii) If the State has developed the 
assessments and standards required under 
section 1111(b), to administer those as-
sessments or carry out other activities re-
lated to ensuring that the State’s schools 
and local educational agencies are helping 
students meet the State’s academic stand-
ards under such section. 
‘‘(iii) To conduct an audit of State as-
sessments and report, in a publicly avail-
able format, the findings of such audit, 
which may include assessment purposes, 
costs, schedule of administration and dis-
semination of results, description of align-
ment with the State’s academic standards, 
and description of policies for inclusion of 
all students. 
‘‘(iv) To develop and implement a 
plan to improve the State assessment sys-
tem, which may include efforts, if appro-
priate as determined by the State— 
‘‘(I) to reduce the number of as-
sessments administered;
357 
‘‘(II) to provide professional de-
velopment on assessment and data lit-
eracy; 
‘‘(III) to ensure the quality, va-
lidity, and reliability of assessments; 
or 
‘‘(IV) to improve the use of as-
sessments by decreasing the time be-
tween administering assessments and 
releasing assessment data. 
‘‘(C) Not more than 5 percent of such 
amount for each fiscal year for awarding blend-
ed learning projects under paragraph (4). 
‘‘(D) Awarding grants for the creation and 
distribution of open access textbooks and open 
educational resources. 
‘‘(4) BLENDED LEARNING PROJECTS.— 
‘‘(A) IN GENERAL.—From the amount of 
funds a State educational agency reserves under 
subsection (c)(3) for each fiscal year to carry 
out this paragraph, the State educational agen-
cy shall award grants on a competitive basis to 
eligible entities in the State to carry out blend-
ed learning projects described in this para-
graph.
358 
‘‘(B) GEOGRAPHIC DIVERSITY.— In award-
ing grants under this paragraph, a State edu-
cational agency shall distribute funds equitably 
among geographic areas of the State, including 
rural and urban communities. 
‘‘(C) APPLICATION.—An eligible entity de-
siring to receive a grant under this paragraph 
shall submit an application to the State edu-
cational agency at such time and in such man-
ner as the agency may require, and which de-
scribes— 
‘‘(i) the blended learning project to be 
carried out by the eligible entity, including 
the design of the instructional model to be 
carried out by the eligible entity and how 
such eligible entity will use funds provided 
under this paragraph to carry out the 
project; 
‘‘(ii) in the case of an eligible entity 
described in subclause (I), (II), or (IV) of 
subparagraph (F)(ii), the schools that will 
participate in the project; 
‘‘(iii) the expected impact on student 
academic achievement;
359 
‘‘(iv) how the eligible entity will en-
sure sufficient information technology is 
available to carry out the project; 
‘‘(v) how the eligible entity will ensure 
sufficient digital instructional resources are 
available to students participating in the 
project; 
‘‘(vi) the ongoing professional develop-
ment to be provided for teachers, school 
leaders, and other personnel carrying out 
the project; 
‘‘(vii) the State policies and proce-
dures for which the eligible entity requests 
waivers from the State to carry out the 
project, which may include requests for the 
waivers 
described 
in 
section 
3203(a)(11)(B); 
‘‘(viii) as appropriate, how the eligible 
entity will use the blended learning project 
to improve instruction and access to the 
curriculum for diverse groups of students, 
including students with disabilities and 
students who are limited English pro-
ficient;
360 
‘‘(ix) how the eligible entity will evalu-
ate the project in terms of student aca-
demic achievement and publicly report the 
results of such evaluation; and 
‘‘(x) how the eligible entity will sus-
tain the project beyond the grant period. 
‘‘(D) USES OF FUNDS.—An eligible entity 
receiving a grant under this paragraph shall use 
such grant to carry out a blended learning 
project, which shall include at least 1 of the fol-
lowing activities: 
‘‘(i) Planning activities, which may in-
clude development of new instructional 
models (including blended learning tech-
nology software and platforms), the pur-
chase of digital instructional resources, ini-
tial professional development activities, and 
one-time information technology purchases, 
except that such expenditures may not in-
clude expenditures related to significant 
construction or renovation of facilities. 
‘‘(ii) Ongoing professional develop-
ment for teachers, school leaders, or other 
personnel involved in the project that is de-
361 
signed to support the implementation and 
academic success of the project. 
‘‘(E) NON-FEDERAL
MATCH.—A State 
educational agency that carries out a grant pro-
gram under this paragraph shall provide non- 
Federal matching funds equal to not less than 
10 percent of the grant funds awarded by the 
State educational agency to eligible entities 
under this paragraph. 
‘‘(F) DEFINITIONS.—In this paragraph: 
‘‘(i) BLENDED LEARNING PROJECT.— 
The term ‘blended learning project’ means 
a formal education program— 
‘‘(I) that includes an element of 
online learning, and instructional time 
in a supervised location away from 
home; 
‘‘(II) that includes an element of 
student control over time, path, or 
pace; and 
‘‘(III) in which the elements are 
connected to provide an integrated 
learning experience. 
‘‘(ii) ELIGIBLE
ENTITY.—The term 
‘eligible entity’ means a—
362 
‘‘(I) local educational agency; 
‘‘(II) educational service agency; 
‘‘(III) charter school; or 
‘‘(IV) consortium of the entities 
described in subclause (I), (II), or 
(III), which may be in partnership 
with a for-profit or nonprofit entity. 
‘‘SEC. 3203. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 3202 for any fiscal year, a State educational 
agency shall submit to the Secretary, at such time as the 
Secretary may require, an application that— 
‘‘(1) describes how the State educational agency 
will use funds reserved for State-level activities, in-
cluding how, if any, of the funds will be used to sup-
port student safety; 
‘‘(2) describes the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding funds to eligible entities on a 
competitive basis, which shall include reviewing how 
the proposed project will help increase student aca-
demic achievement and student engagement; 
‘‘(3) describes how the State educational agency 
will ensure that awards made under this part are—
363 
‘‘(A) of sufficient size and scope to support 
high-quality, effective programs that are con-
sistent with the purpose of this part; and 
‘‘(B) in amounts that are consistent with 
section 3204(f); 
‘‘(4) describes the steps the State educational 
agency will take to ensure that programs implement 
effective strategies, including providing ongoing 
technical assistance and training, and dissemination 
of evidence-based and other effective strategies; 
‘‘(5) describes how the State educational agency 
will consider students across all grades when making 
these awards; 
‘‘(6) an assurance that, other than providing 
technical and advisory assistance and monitoring 
compliance with this part, the State educational 
agency has not exercised and will not exercise any 
influence in the decisionmaking process of eligible 
entities as to the expenditure of funds received by 
the eligible entities under this part; 
‘‘(7) describes how programs under this part 
will be coordinated with programs under this Act, 
and other programs as appropriate; 
‘‘(8) contains an assurance that the State edu-
cational agency—
364 
‘‘(A) will make awards for programs for a 
period of not more than 5 years; and 
‘‘(B) will require each eligible entity seek-
ing such an award to submit a plan describing 
how the project to be funded through the award 
will continue after funding under this part 
ends, if applicable; 
‘‘(9) contains an assurance that funds appro-
priated to carry out this part will be used to supple-
ment, and not supplant, State and local public funds 
expended to provide programs and activities author-
ized under this part and other similar programs; 
‘‘(10) an assurance that the State will support 
projects from each of the categories listed in section 
3204(b)(1)(D) in awarding subgrants to local edu-
cational agencies; and 
‘‘(11) in the case of a State that will carry out 
a 
program 
to 
award 
grants 
under 
section 
3202(c)(4), a description of the program, which 
shall include— 
‘‘(A) the criteria the State will use to 
award grants under such section to eligible enti-
ties to carry out blended learning projects; 
‘‘(B) the State policies and procedures to 
be waived by the State, consistent with Federal
365 
law, for such eligible entities to carry out such 
projects, which may include waivers with re-
spect to— 
‘‘(i) restrictions on class sizes; 
‘‘(ii) 
restrictions 
on 
licensing 
or 
credentialing of personnel supervising stu-
dent work in such projects; 
‘‘(iii) restrictions on the use of State 
funding for instructional materials for the 
purchase of digital instructional resources; 
‘‘(iv) restrictions on advancing stu-
dents based on demonstrated mastery of 
learning outcomes, rather than seat-time 
requirements; and 
‘‘(v) restrictions on secondary school 
students in the State enrolling in online 
coursework; 
‘‘(C) how the State will inform eligible en-
tities of the availability of the waivers described 
in subparagraph (B); and 
‘‘(D) how the State will provide the non- 
Federal 
match 
required 
under 
section 
3202(c)(4)(E). 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency pursuant to subsection (a)
366 
shall be deemed to be approved by the Secretary unless 
the Secretary makes a written determination, prior to the 
expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the ap-
plication is not in compliance with this part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance, and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If the State educational agency re-
sponds to the Secretary’s notification described in sub-
section (d)(2) during the 45-day period beginning on the
367 
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to the Secretary’s notifi-
cation described in subsection (d)(2) during the 45-day pe-
riod beginning on the date on which the agency received 
the notification, such application shall be deemed to be 
disapproved. 
‘‘(g) RULE OF CONSTRUCTION.—An application sub-
mitted by a State educational agency pursuant to sub-
section (a) shall not be approved or disapproved based 
upon the activities for which the agency may make funds 
available to eligible entities under section 3204 if the agen-
cy’s use of funds is consistent with section 3204(b). 
‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds 
under this part for a fiscal year shall provide the amount
368 
made available under section 3202(c)(1) to eligible entities 
in accordance with this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives an award under this part shall use the funds 
for activities that— 
‘‘(A) are evidence-based; 
‘‘(B) 
will 
improve 
student 
academic 
achievement and student engagement; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from 
the following three categories: 
‘‘(i) Supplemental student support ac-
tivities such as before, after, or summer 
school activities, tutoring, and expanded 
learning time, but not including athletics 
or in-school learning activities. 
‘‘(ii) Activities designed to support 
students, such as academic subject specific 
programs including computer science and 
other science, technology (including edu-
cation about the harms of copyright pi-
racy), engineering, and mathematics pro-
grams, arts education, civic education, and 
adjunct teacher, extended-learning-time,
369 
and dual enrollment programs, and parent 
engagement, but not including activities 
to— 
‘‘(I) support smaller class sizes 
or construction; or 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(iii) Accountability-based programs 
and activities that are designed to enhance 
school safety, which may include research- 
based bullying prevention, cyberbullying 
prevention, disruption of recruitment activ-
ity by groups or individuals involved in vio-
lent extremism, and gang prevention pro-
grams, as well as intervention programs re-
garding bullying. 
‘‘(2) STREAMLINING ASSESSMENT SYSTEMS.— 
An eligible entity that receives an award under this 
part may use such funds— 
‘‘(A) to conduct an audit of the local as-
sessments administered by the local educational 
agency and report, in a publicly available for-
mat, the findings of such audit, which may in-
370 
clude such findings as described under section 
3202(c)(3)(B)(iii); and 
‘‘(B) to develop and implement a plan, in 
collaboration with local stakeholders, which may 
include efforts, if appropriate as determined by 
the eligible entity, as described under section 
3202(c)(3)(B)(iv). 
‘‘(3) PARTICIPATION OF CHILDREN ENROLLED 
IN PRIVATE SCHOOLS.—An eligible entity that re-
ceives an award under this part shall ensure compli-
ance with section 6501 (relating to participation of 
children enrolled in private schools). 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive an 
award under this part, an eligible entity shall submit 
an application to the State educational agency at 
such time, in such manner, and including such infor-
mation as the State educational agency may reason-
ably require, including the contents required by 
paragraph (2). 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the activities to be 
funded and how they are consistent with sub-
371 
section (b), including any activities that will in-
crease student safety; 
‘‘(B) an assurance that funds under this 
part will be used to increase the level of State, 
local, and other non-Federal funds that would, 
in the absence of funds under this part, be 
made available for programs and activities au-
thorized under this part, and in no case sup-
plant State, local, or non-Federal funds; 
‘‘(C) an assurance that the community will 
be given notice of an intent to submit an appli-
cation with an opportunity for comment, and 
that the application will be available for public 
review after submission of the application; and 
‘‘(D) an assurance that students who ben-
efit from any activity funded under this part 
shall continue to maintain enrollment in a pub-
lic elementary or secondary school. 
‘‘(d) REVIEW.—In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality 
of such applications but the review shall be limited to the 
likelihood that the project will increase student academic 
achievement and student engagement.
372 
‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this part equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(f) AWARD.—A grant shall be awarded to all eligible 
entities that submit an application that meets the require-
ments of this section in an amount that is not less than 
$10,000, but there shall be only one annual award granted 
to any one local educational agency, but such award may 
be for multiple projects or programs with the local edu-
cational agency. 
‘‘(g) DURATION
OF AWARDS.—Grants under this 
part may be awarded for a period of not more than 5 
years. 
‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) a local educational agency in partnership 
with a community-based organization, institution of 
higher education, business entity, or nongovern-
mental entity; 
‘‘(2) a consortium of local educational agencies 
working in partnership with a community-based or-
ganization, institution of higher education, business 
entity, or nongovernmental entity;
373 
‘‘(3) a community-based organization or institu-
tion of higher education in partnership with a local 
educational agency and, if applicable, a business en-
tity or nongovernmental entity; or 
‘‘(4) a business entity in partnership with a 
local educational agency and, if applicable, a commu-
nity-based organization, institution of higher edu-
cation, or nongovernmental entity. 
‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 
IMPROVE ACADEMIC ACHIEVEMENT. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3202(c)(2), a State educational agency shall 
award grants to nongovernmental entities, including pub-
lic or private organizations, community-based or faith- 
based organizations, institutions of higher education, and 
business entities for a program or project to increase the 
academic achievement and student engagement of public 
school students attending public elementary or secondary 
schools (or both) in compliance with the requirements in 
this section. Subject to the availability of funds, the State 
educational agency shall award a grant to each eligible ap-
plicant that meets the requirements in a sufficient size and 
scope to support the program.
374 
‘‘(b) APPLICATION.—The State educational agency 
shall require an application that includes the following in-
formation: 
‘‘(1) A description of the program or project 
the applicant will use the funds to support. 
‘‘(2) A description of how the applicant is using 
or will use other State, local, or private funding to 
support the program or project. 
‘‘(3) A description of how the program or 
project will help increase student academic achieve-
ment and student engagement, including the evi-
dence to support this claim. 
‘‘(4) A description of the student population the 
program or project is targeting to impact, and if the 
program will prioritize students in high-need local 
educational agencies. 
‘‘(5) A description of how the applicant will 
conduct sufficient outreach to ensure students can 
participate in the program or project. 
‘‘(6) A description of any partnerships the ap-
plicant has entered into with local educational agen-
cies or other entities the applicant will work with, if 
applicable. 
‘‘(7) A description of how the applicant will 
work to share evidence-based and other effective
375 
strategies from the program or project with local 
educational agencies and other entities working with 
students to increase academic achievement. 
‘‘(8) An assurance that students who benefit 
from any program or project funded under this sec-
tion shall continue to maintain enrollment in a pub-
lic elementary or secondary school. 
‘‘(c) MATCHING CONTRIBUTION.—An eligible appli-
cant receiving a grant under this section shall provide, ei-
ther directly or through private contributions, non-Federal 
matching funds equal to not less than 50 percent of the 
amount of the grant. 
‘‘(d) REVIEW.—The State educational agency shall 
review the application to ensure that— 
‘‘(1) the applicant is an eligible applicant; 
‘‘(2) the application clearly describes the re-
quired elements in subsection (b); 
‘‘(3) the entity meets the matching requirement 
described in subsection (c); and 
‘‘(4) the program is allowable and complies with 
Federal, State, and local laws. 
‘‘(e) DISTRIBUTION OF FUNDS.—If the application 
requests exceed the funds available, the State educational 
agency shall prioritize projects that support students in 
high-need local educational agencies and ensure geo-
376 
graphic diversity, including serving rural, suburban, and 
urban areas. 
‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per-
cent of a grant awarded under this section may be used 
for administrative costs. 
‘‘SEC. 3206. REPORT. 
‘‘Each recipient of a grant under section 3204 or 
3205 shall report to the State educational agency on— 
‘‘(1) the success of the program in reaching the 
goals of the program; 
‘‘(2) a description of the students served by the 
program and how the students’ academic achieve-
ment improved; and 
‘‘(3) the results of any evaluation conducted on 
the success of the program.’’. 
TITLE IV—IMPACT AID 
SEC. 401. PURPOSE. 
Section 8001 (20 U.S.C. 7701) is amended by strik-
ing ‘‘challenging State standards’’ and inserting ‘‘State 
academic standards’’. 
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY. 
Section 8002 (20 U.S.C. 7702) is amended— 
(1) in subsection (a)(1)(C), by amending the 
matter preceding clause (i) to read as follows:
377 
‘‘(C) had an assessed value according to 
original records (including facsimiles or other 
reproductions of those records) documenting 
the assessed value of such property (determined 
as of the time or times when so acquired) pre-
pared by the local officials referred to in sub-
section (b)(3) or, when such original records 
are not available due to unintentional destruc-
tion (such as natural disaster, fire, flooding, 
pest infestation, or deterioration due to age), 
other records, including Federal agency records, 
local historical records, or other records that 
the Secretary determines to be appropriate and 
reliable, aggregating 10 percent or more of the 
assessed value of—’’; 
(2) in subsection (b)(1)(B), by striking ‘‘section 
8014(a)’’ and inserting ‘‘section 3(d)(1)’’; 
(3) by amending subsection (f) to read as fol-
lows: 
‘‘(f) SPECIAL RULE.—Beginning with fiscal year 
2014, a local educational agency shall be deemed to meet 
the requirements of subsection (a)(1)(C) if records to de-
termine eligibility under such subsection were destroyed 
prior to fiscal year 2000 and the agency received funds 
under subsection (b) in the previous year.’’;
378 
(4) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FORMER DISTRICTS.— 
‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 
and each succeeding fiscal year, if a local edu-
cational agency described in subsection (b) is formed 
at any time after 1938 by the consolidation of 2 or 
more former school districts, the local educational 
agency may elect to have the Secretary determine its 
eligibility for any fiscal year on the basis of 1 or 
more of those former districts, as designated by the 
local educational agency. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency referred to in sub-
section (a) is— 
‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
applied, and was determined to be eligible 
under, section 2(c) of the Act of September 30, 
1950 (Public Law 874, 81st Congress) as that 
section was in effect for that fiscal year; or 
‘‘(B) a local educational agency formed by 
the consolidation of 2 or more districts, at least 
1 of which was eligible for assistance under this
379 
section for the fiscal year preceding the year of 
the consolidation, if— 
‘‘(i) for fiscal years 2006 through 
2015 the local educational agency notified 
the Secretary not later than 30 days after 
the date of the enactment of this Act; and 
‘‘(ii) for fiscal year 2016 the local 
educational agency includes the designa-
tion in its application under section 8005 
or any timely amendment to such applica-
tion. 
‘‘(3) AMOUNT.—A local educational agency eli-
gible under subsection (b) shall receive a foundation 
payment as provided for under subparagraphs (A) 
and (B) of subsection (h)(1), except that the founda-
tion payment shall be calculated based on the most 
recent payment received by the local educational 
based on its former common status.’’; 
(5) in subsection (h)— 
(A) in paragraph (2)— 
(i) in subparagraph (C)(ii), by strik-
ing ‘‘section 8014(a)’’ and inserting ‘‘sec-
tion 3(d)(1)’’; and
380 
(ii) in subparagraph (D), by striking 
‘‘section 8014(a)’’ and inserting ‘‘section 
3(d)(1)’’; and 
(B) in paragraph (4), by striking ‘‘Impact 
Aid Improvement Act of 2012’’ and inserting 
‘‘Student Success Act’’; 
(6) by repealing subsections (k) and (m); 
(7) by redesignating subsection (l) as subsection 
(j); 
(8) by amending subsection (j) (as so redesig-
nated) by striking ‘‘(h)(4)(B)’’ and inserting 
‘‘(h)(2)’’; and 
(9) by redesignating subsection (n) as sub-
section (k). 
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN. 
(a) COMPUTATION OF PAYMENT.—Section 8003(a) 
(20 U.S.C. 7703(a)) is amended— 
(1) in the matter preceding subparagraph (A) 
of paragraph (1), by inserting after ‘‘schools of such 
agency’’ the following: ‘‘(including those children en-
rolled in such agency as a result of the open enroll-
ment policy of the State in which the agency is lo-
cated, but not including children who are enrolled in 
a distance education program at such agency and
381 
who are not residing within the geographic bound-
aries of such agency)’’; and 
(2) in paragraph (5)(A), by striking ‘‘1984’’ 
and all that follows through ‘‘situated’’ and inserting 
‘‘1984, or under lease of off-base property under 
subchapter IV of chapter 169 of title 10, United 
States Code, to be children described under para-
graph (1)(B) if the property described is within the 
fenced security perimeter of the military facility or 
attached to and under any type of force protection 
agreement with the military installation upon which 
such housing is situated’’. 
(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED
LOCAL
EDUCATIONAL
AGENCIES.—Section 
8003(b) (20 U.S.C. 7703(b)) is amended— 
(1) by striking ‘‘section 8014(b)’’ each place it 
appears and inserting ‘‘section 3(d)(2)’’; 
(2) in paragraph (1), by repealing subpara-
graph (E); 
(3) in paragraph (2)— 
(A) in subparagraph (B)— 
(i) by striking ‘‘CONTINUING’’ in the 
heading; 
(ii) by amending clause (i) to read as 
follows:
382 
‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency is eligible 
to receive a basic support payment under 
subparagraph (A) with respect to a num-
ber of children determined under sub-
section (a)(1) if the agency— 
‘‘(I) is a local educational agen-
cy— 
‘‘(aa) whose boundaries are 
the same as a Federal military 
installation or an island property 
designated by the Secretary of 
the Interior to be property that is 
held in trust by the Federal Gov-
ernment; and 
‘‘(bb) that has no taxing au-
thority; 
‘‘(II) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 45 percent;
383 
‘‘(bb) has a per-pupil ex-
penditure that is less than— 
‘‘(AA) for an agency 
that has a total student en-
rollment of 500 or more stu-
dents, 125 percent of the av-
erage per-pupil expenditure 
of the State in which the 
agency is located; or 
‘‘(BB) for any agency 
that has a total student en-
rollment less than 500, 150 
percent of the average per- 
pupil expenditure of the 
State in which the agency is 
located or the average per- 
pupil expenditure of 3 or 
more comparable local edu-
cational 
agencies 
in 
the 
State in which the agency is 
located; and 
‘‘(cc) is an agency that has 
a tax rate for general fund pur-
poses that is not less than 95 
percent of the average tax rate
384 
for general fund purposes of 
comparable 
local 
educational 
agencies in the State; 
‘‘(III) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 20 percent; 
‘‘(bb) for the 3 fiscal years 
preceding the fiscal year for 
which the determination is made, 
the average enrollment of chil-
dren who are not described in 
subsection (a)(1) and who are eli-
gible for a free or reduced price 
lunch under the Richard B. Rus-
sell National School Lunch Act 
constitutes a percentage of the 
total student enrollment of the 
agency that is not less than 65 
percent; and
385 
‘‘(cc) has a tax rate for gen-
eral fund purposes which is not 
less than 125 percent of the aver-
age tax rate for general fund 
purposes for comparable local 
educational agencies in the State; 
‘‘(IV) is a local educational agen-
cy that has a total student enrollment 
of not less than 25,000 students, of 
which— 
‘‘(aa) not less than 50 per-
cent are children described in 
subsection (a)(1); and 
‘‘(bb) not less than 5,500 of 
such children are children de-
scribed in subparagraphs (A) and 
(B) of subsection (a)(1); or 
‘‘(V) is a local educational agency 
that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) including, for purposes of 
determining eligibility, those chil-
dren described in subparagraphs 
(F) and (G) of such subsection,
386 
that is not less than 35 percent 
of the total student enrollment of 
the agency; and 
‘‘(bb) was eligible to receive 
assistance under subparagraph 
(A) for fiscal year 2001.’’; and 
(iii) in clause (ii)— 
(I) by striking ‘‘A heavily’’ and 
inserting the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a heavily’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) LOSS OF ELIGIBILITY DUE 
TO FALLING BELOW 95 PERCENT OF 
THE AVERAGE TAX RATE FOR GEN-
ERAL FUND PURPOSES.—In a case of 
a heavily impacted local educational 
agency that is eligible to receive a 
basic support payment under subpara-
graph (A), but that has had, for 2 
consecutive fiscal years, a tax rate for 
general fund purposes that falls below 
95 percent of the average tax rate for 
general fund purposes of comparable
387 
local educational agencies in the 
State, such agency shall be deter-
mined to be ineligible under clause (i) 
and ineligible to receive a basic sup-
port payment under subparagraph (A) 
for each fiscal year succeeding such 2 
consecutive fiscal years for which the 
agency has such a tax rate for general 
fund purposes, and until the fiscal 
year for which the agency resumes 
such eligibility in accordance with 
clause (iii).’’; 
(B) by striking subparagraph (C); 
(C) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
(D) in subparagraph (C) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘REG-
ULAR’’; 
(ii) by striking ‘‘Except as provided in 
subparagraph (E)’’ and inserting ‘‘Except 
as provided in subparagraph (D)’’; 
(iii) by amending subclause (I) of 
clause (ii) to read as follows: ‘‘ (I)(aa) For
388 
a local educational agency with respect to 
which 35 percent or more of the total stu-
dent enrollment of the schools of the agen-
cy are children described in subparagraph 
(D) or (E) (or a combination thereof) of 
subsection (a)(1), and that has an enroll-
ment of children described in subpara-
graph (A), (B), or (C) of such subsection 
equal to at least 10 percent of the agency’s 
total enrollment, the Secretary shall cal-
culate the weighted student units of those 
children described in subparagraph (D) or 
(E) of such subsection by multiplying the 
number of such children by a factor of 
0.55. 
‘‘(bb) Notwithstanding subitem (aa), a 
local educational agency that received a 
payment under this paragraph for fiscal 
year 2013 shall not be required to have an 
enrollment of children described in sub-
paragraph (A), (B), or (C) of subsection 
(a)(1) equal to at least 10 percent of the 
agency’s total enrollment.’’; and
389 
(iv) by amending subclause (III) of 
clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 
inserting ‘‘subparagraph (B)(i)(I)’’; 
(E) in subparagraph (D)(i)(II) (as so re-
designated), by striking ‘‘6,000’’ and inserting 
‘‘5,500’’; 
(F) in subparagraph (E) (as so redesig-
nated)— 
(i) by striking ‘‘Secretary’’ and all 
that follows through ‘‘shall use’’ and in-
serting ‘‘Secretary shall use’’; 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking clause (ii); 
(G) in subparagraph (F) (as so redesig-
nated), 
by 
striking 
‘‘subparagraph 
(C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 
(B)(i)(II)(bb)(BB)’’; and 
(H) in subparagraph (G) (as so redesig-
nated)— 
(i) in clause (i)— 
(I) by striking ‘‘subparagraph 
(B), (C), (D), or (E)’’ and inserting 
‘‘subparagraph (B), (C), or (D)’’;
390 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii)’’ the following ‘‘, or as the direct 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation’’; 
and 
(IV) by inserting before the pe-
riod, the following: ‘‘or during such 
time as activities associated with base 
closure 
and 
realignment, 
modularization, 
force 
structure 
change, or force relocation are ongo-
ing’’; and 
(ii) in clause (ii), by striking ‘‘(D) or 
(E)’’ each place it appears and inserting 
‘‘(C) or (D)’’; 
(4) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) by amending clause (iii) to read as 
follows: 
‘‘(iii) In the case of a local educational 
agency providing a free public education to stu-
391 
dents enrolled in kindergarten through grade 
12, but which enrolls students described in sub-
paragraphs (A), (B), and (D) of subsection 
(a)(1) only in grades 9 through 12, and which 
received a final payment in fiscal year 2009 cal-
culated under this paragraph (as this para-
graph was in effect on the day before the date 
of the enactment of the Student Success Act) 
for students in grades 9 through 12, the Sec-
retary shall, in calculating the agency’s pay-
ment, consider only that portion of such agen-
cy’s total enrollment of students in grades 9 
through 12 when calculating the percentage 
under clause (i)(I) and only that portion of the 
total current expenditures attributed to the op-
eration of grades 9 through 12 in such agency 
when calculating the percentage under clause 
(i)(II).’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(v) In the case of a local educational 
agency that is providing a program of distance 
education to children not residing within the ge-
ographic boundaries of the agency, the Sec-
retary shall—
392 
‘‘(I) for purposes of the calculation 
under clause (i)(I), disregard such children 
from the total number of children in aver-
age daily attendance at the schools served 
by such agency; and 
‘‘(II) for purposes of the calculation 
under clause (i)(II), disregard any funds 
received for such children from the total 
current expenditures for such agency.’’; 
(B) in subparagraph (C), by striking ‘‘sub-
paragraph (D) or (E) of paragraph (2), as the 
case may be’’ and inserting ‘‘paragraph 
(2)(D)’’; 
(C) by amending subparagraph (D) to read 
as follows: 
‘‘(D) RATABLE
DISTRIBUTION.—For any 
fiscal year described in subparagraph (A) for 
which the sums available exceed the amount re-
quired to pay each local educational agency 100 
percent of its threshold payment, the Secretary 
shall distribute the excess sums to each eligible 
local educational agency that has not received 
its full amount computed under paragraph (1) 
or (2) (as the case may be) by multiplying—
393 
‘‘(i) a percentage, the denominator of 
which is the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for all local edu-
cational agencies and the amount of the 
threshold payment (as calculated under 
subparagraphs (B) and (C)) of all local 
educational agencies, and the numerator of 
which is the aggregate of the excess sums, 
by 
‘‘(ii) the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for the agency 
and the amount of the threshold payment 
as calculated under subparagraphs (B) and 
(C) of the agency.’’; and 
(D) by inserting at the end the following 
new subparagraphs: 
‘‘(E) INSUFFICIENT PAYMENTS.—For each 
fiscal year described in subparagraph (A) for 
which the sums appropriated under section 
3(d)(2) are insufficient to pay each local edu-
cational agency all of the local educational 
agency’s threshold payment described in sub-
paragraph (D), the Secretary shall ratably re-
394 
duce the payment to each local educational 
agency under this paragraph. 
‘‘(F) INCREASES.—If the sums appro-
priated under section 3(d)(2) are sufficient to 
increase the threshold payment above the 100 
percent threshold payment described in sub-
paragraph (D), then the Secretary shall in-
crease payments on the same basis as such pay-
ments were reduced, except no local educational 
agency may receive a payment amount greater 
than 100 percent of the maximum payment cal-
culated under this subsection.’’; and 
(5) in paragraph (4)— 
(A) in subparagraph (A), by striking 
‘‘through (D)’’ and inserting ‘‘and (C)’’; and 
(B) in subparagraph (B), by striking ‘‘sub-
paragraph (D) or (E)’’ and inserting ‘‘subpara-
graph (C) or (D)’’. 
(c) PRIOR YEAR DATA.—Paragraph (2) of section 
8003(c) (20 U.S.C. 7703(c)) is amended to read as fol-
lows: 
‘‘(2) EXCEPTION.—Calculation of payments for 
a local educational agency shall be based on data 
from the fiscal year for which the agency is making 
an application for payment if such agency—
395 
‘‘(A) is newly established by a State, for 
the first year of operation of such agency only; 
‘‘(B) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an overall increase in enrollment 
(as determined by the Secretary in consultation 
with the Secretary of Defense, the Secretary of 
the Interior, or the heads of other Federal 
agencies)— 
‘‘(i) of not less than 10 percent, or 
100 students, of children described in— 
‘‘(I) subparagraph (A), (B), (C), 
or (D) of subsection (a)(1); or 
‘‘(II) subparagraphs (F) and (G) 
of subsection (a)(1), but only to the 
extent such children are civilian de-
pendents of employees of the Depart-
ment of Defense or the Department of 
the Interior; and 
‘‘(ii) that is the direct result of closure 
or realignment of military installations 
under the base closure process or the relo-
cation of members of the Armed Forces 
and civilian employees of the Department 
of Defense as part of the force structure
396 
changes or movements of units or per-
sonnel between military installations or be-
cause of actions initiated by the Secretary 
of the Interior or the head of another Fed-
eral agency; or 
‘‘(C) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an increase in enrollment (as de-
termined by the Secretary)— 
‘‘(i) of not less than 10 percent of 
children described in subsection (a)(1) or 
not less than 100 of such children; and 
‘‘(ii) that is the direct result of the 
closure of a local educational agency that 
received a payment under subsection (b)(1) 
or (b)(2) in the previous fiscal year.’’. 
(d) 
CHILDREN
WITH
DISABILITIES.—Section 
8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 
‘‘section 8014(c)’’ and inserting ‘‘section 3(d)(3)’’. 
(e) HOLD HARMLESS.—Section 8003(e) (20 U.S.C. 
7703(e)) is amended to read as follows: 
‘‘(e) HOLD HARMLESS.—The maximum amount that 
a local educational agency is eligible to receive, as cal-
culated under paragraph (1)(C), (2)(C), or (2)(D) of sub-
section (b), shall not be less than 90 percent of the cal-
397 
culated maximum amount that was used to determine the 
local educational agency’s payment for subsection (b)(1) 
or (b)(2) in the previous fiscal year for a period not to 
exceed 3 consecutive fiscal years, if such agency meets the 
eligibility requirements of paragraph (1)(B) or (2)(B) of 
subsection (b).’’. 
(f) MAINTENANCE OF EFFORT.—Section 8003 (20 
U.S.C. 7703) is amended by striking subsection (g). 
SEC. 404. POLICIES AND PROCEDURES RELATING TO CHIL-
DREN RESIDING ON INDIAN LANDS. 
Section 8004(e)(9) is amended by striking ‘‘Bureau 
of Indian Affairs’’ both places such term appears and in-
serting ‘‘Bureau of Indian Education’’. 
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 
8002 AND 8003. 
Section 8005(b) (20 U.S.C. 7705(b)) is amended in 
the matter preceding paragraph (1) by striking ‘‘and shall 
contain such information,’’. 
SEC. 406. CONSTRUCTION. 
Section 8007 (20 U.S.C. 7707) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (2), by adding at the end 
the following:
398 
‘‘(C) The agency is eligible under section 
4003(b)(2) or is receiving basic support pay-
ments under circumstances described in section 
4003(b)(2)(B)(ii).’’; and 
(C) in paragraph (3), by striking ‘‘section 
8014(e)’’ each place it appears and inserting 
‘‘section 3(d)(4)’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(d)(4)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C)(i)(I), by add-
ing at the end the following: 
‘‘(cc) At least 10 percent of the 
property in the agency is exempt from 
State and local taxation under Fed-
eral law.’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(F) LIMITATIONS
ON
ELIGIBILITY
RE-
QUIREMENTS.—The Secretary shall not limit 
eligibility— 
‘‘(i) under subparagraph (C)(i)(I)(aa), 
to those local educational agencies in which 
the number of children determined under
399 
section 4003(a)(1)(C) for each such agency 
for the preceding school year constituted 
more than 40 percent of the total student 
enrollment in the schools of each such 
agency during the preceding school year; 
and 
‘‘(ii) under subparagraph (C)(i)(I)(cc), 
to those local educational agencies in which 
more than 10 percent of the property in 
each such agency is exempt from State and 
local taxation under Federal law.’’; and 
(C) in paragraph (6)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘in such manner, 
and accompanied by such information’’ 
and inserting ‘‘and in such manner’’; and 
(ii) by striking subparagraph (F). 
SEC. 407. FACILITIES. 
Section 8008 (20 U.S.C. 7708) is amended in sub-
section (a), by striking ‘‘section 8014(f)’’ and inserting 
‘‘section 3(d)(5)’’. 
SEC. 408. STATE CONSIDERATION OF PAYMENTS PRO-
VIDING STATE AID. 
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 
amended by striking ‘‘and contain the information’’.
400 
SEC. 409. FEDERAL ADMINISTRATION. 
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amend-
ed, by striking ‘‘section 8014’’ and inserting ‘‘section 
3(d)’’. 
SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW. 
Section 8011(a) (20 U.S.C. 7711(a)) is amended by 
striking ‘‘or under the Act’’ and all that follows through 
‘‘1994)’’. 
SEC. 411. DEFINITIONS. 
Section 8013 (20 U.S.C. 7713) is amended— 
(1) in paragraph (1), by striking ‘‘and Marine 
Corps’’ and inserting ‘‘Marine Corps, and Coast 
Guard’’; 
(2) in paragraph (4), by striking ‘‘and title VI’’; 
(3) in paragraph (5)(A)(iii)— 
(A) in subclause (II), by striking ‘‘Stewart 
B. McKinney Homeless Assistance Act’’ and in-
serting ‘‘McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11411)’’; and 
(B) in subclause (III), by inserting before 
the semicolon ‘‘(25 U.S.C. 4101 et seq.)’’; and 
(4) in paragraph (8)(A), by striking ‘‘and 
verified by’’ and inserting ‘‘, and verified by,’’. 
SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 
Section 8014 (20 U.S.C. 7801) is repealed.
401 
SEC. 413. CONFORMING AMENDMENTS. 
(a) IMPACT AID IMPROVEMENT ACT OF 2012.—Sec-
tion 563(c) of National Defense Authorization Act for Fis-
cal Year 2013 (Public Law 112–239; 126 Stat. 1748; 20 
U.S.C. 6301 note) (also known as the ‘‘Impact Aid Im-
provement Act of 2012’’), as amended by section 563 of 
division A of Public Law 113–291, is amended— 
(1) by striking paragraphs (1) and (4); and 
(2) by redesignating paragraphs (2) and (3), as 
paragraphs (1) and (2), respectively. 
(b) REPEALS.— 
(1) TITLE IV.—Title IV (20 U.S.C. 7101 et 
seq.), as amended by section 601(b)(2) of this Act, 
is repealed. 
(2) PL 113–76.—Section 309 of division H of 
the Consolidated Appropriations Act, 2014 (Public 
Law 113–76; 20 U.S.C. 7702 note) is repealed. 
(c) TRANSFER AND REDESIGNATION.—Title VIII (20 
U.S.C. 7701 et seq.), as amended by this title, is redesig-
nated as title IV (20 U.S.C. 7101 et seq.), and transferred 
and inserted after title III (as amended by this Act). 
(d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 
6301 et seq.), as amended by this Act, is amended— 
(1) by redesignating sections 8001 through 
8005 as sections 4001 through 4005, respectively;
402 
(2) by redesignating sections 8007 through 
8013 as sections 4007 through 4013, respectively; 
(3) by striking ‘‘section 8002’’ each place it ap-
pears and inserting ‘‘section 4002’’; 
(4) by striking ‘‘section 8002(b)’’ each place it 
appears and inserting ‘‘section 4002(b)’’; 
(5) by striking ‘‘section 8003’’ each place it ap-
pears and inserting ‘‘section 4003’’, respectively; 
(6) by striking ‘‘section 8003(a)’’ each place it 
appears and inserting ‘‘section 4003(a)’’; 
(7) by striking ‘‘section 8003(a)(1)’’ each place 
it appears and inserting ‘‘section 4003(a)(1)’’; 
(8) by striking ‘‘section 8003(a)(1)(C)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4003(a)(1)(C)’’; 
(9) by striking ‘‘section 8002(a)(2)’’ each place 
it appears and inserting ‘‘section 4002(a)(2)’’; 
(10) by striking ‘‘section 8003(b)’’ each place it 
appears and inserting ‘‘section 4003(b)’’; 
(11) by striking ‘‘section 8003(b)(1)’’ each 
place it appears and inserting ‘‘section 4003(b)(1)’’; 
(12) in section 4002(b)(1)(C) (as so redesig-
nated), by striking ‘‘section 8003(b)(1)(C)’’ and in-
serting ‘‘section 4003(b)(1)(C)’’;
403 
(13) in section 4002(k)(1) (as so redesignated), 
by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 
‘‘section 4013(5)(C)(iii)’’; 
(14) in section 4005 (as so redesignated)— 
(A) in the section heading, by striking 
‘‘8002
AND
8003’’ and inserting ‘‘4002
AND 
4003’’; 
(B) by striking ‘‘or 8003’’ each place it ap-
pears and inserting ‘‘or 4003’’; 
(C) in subsection (b)(2), by striking ‘‘sec-
tion 8004’’ and inserting ‘‘section 4004’’; and 
(D) in subsection (d)(2), by striking ‘‘sec-
tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 
(15) in the second subclause (II) of section 
4007(a)(3)(A)(i) (as so redesignated), by striking 
‘‘section 8008(a)’’ and inserting ‘‘section 4008(a)’’; 
(16) in section 4007(a)(4) (as so redesignated), 
by striking ‘‘section 8013(3)’’ and inserting ‘‘section 
4013(3)’’; 
(17) in section 4009 (as so redesignated)— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘or 8003(b)’’ and in-
serting ‘‘or 4003(b)’’;
404 
(ii) 
by 
striking 
‘‘section 
8003(a)(2)(B)’’ and inserting ‘‘section 
4003(a)(2)(B)’’; and 
(iii) by striking ‘‘section 8003(b)(2)’’ 
each place it appears and inserting ‘‘sec-
tion 4003(b)(2)’’; and 
(B) by striking ‘‘section 8011(a)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4011(a)’’; and 
(18) in section 4010(c)(2)(D) (as so redesig-
nated) by striking ‘‘section 8009(b)’’ and inserting 
‘‘section 4009(b)’’. 
TITLE V—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
SEC. 501. THE FEDERAL GOVERNMENT’S TRUST RESPONSI-
BILITY TO AMERICAN INDIAN, ALASKA NA-
TIVE, AND NATIVE HAWAIIAN EDUCATION. 
Title V of the Act (20 U.S.C. 7201 et seq.) is amend-
ed to read as follows:
405 
‘‘TITLE V—THE FEDERAL GOV-
ERNMENT’S TRUST RESPON-
SIBILITY TO AMERICAN IN-
DIAN, ALASKA NATIVE, AND 
NATIVE 
HAWAIIAN 
EDU-
CATION 
‘‘PART A—INDIAN EDUCATION 
‘‘SEC. 5101. 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. 
It is further the policy of the United States to ensure that 
Indian children do not attend school in buildings that are 
dilapidated or deteriorating, which may negatively affect 
the academic success of such children.
406 
‘‘SEC. 5102. PURPOSE. 
‘‘It is the purpose of this part to support the efforts 
of local educational agencies, Indian tribes and organiza-
tions, postsecondary institutions, and other entities— 
‘‘(1) to meet the unique educational and cul-
turally related academic needs of American Indian 
and Alaska Native students, so that such students 
can meet State student academic achievement stand-
ards; 
‘‘(2) to ensure that Indian and Alaskan Native 
students gain knowledge and understanding of Na-
tive communities, languages, tribal histories, tradi-
tions, and cultures; and 
‘‘(3) to ensure that school leaders, teachers, and 
other staff who serve Indian and Alaska Native stu-
dents have the ability to provide culturally appro-
priate and effective instruction to such students. 
‘‘Subpart 1—Formula Grants to Local Educational 
Agencies 
‘‘SEC. 5111. PURPOSE. 
‘‘It is the purpose of this subpart to support the ef-
forts of local educational agencies, Indian tribes and orga-
nizations, and other entities to improve the academic 
achievement of American Indian and Alaska Native stu-
dents by providing for their unique cultural, language, and
407 
educational needs and ensuring that they are prepared to 
meet State academic standards. 
‘‘SEC. 5112. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN GENERAL.—In accordance with this section 
and section 5113, the Secretary may make grants from 
allocations made under section 5113, to— 
‘‘(1) local educational agencies; 
‘‘(2) Indian tribes; 
‘‘(3) Indian organizations; and 
‘‘(4) Alaska Native Organizations. 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this subpart for any fiscal year if the number of In-
dian children eligible under section 5117 who were 
enrolled in the schools of the agency, and to whom 
the agency provided free public education, during 
the preceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent 
of the total number of individuals enrolled in 
the schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
408 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES, INDIAN ORGANIZATIONS, ALAS-
KA NATIVE ORGANIZATIONS, AND CONSORTIA.— 
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is otherwise eligible for a grant under this 
subpart does not establish a committee under section 
5114(c)(5) for such grant, an Indian tribe, Indian 
organization, Alaska Native Organization, or consor-
tium of such entities that represents not less than 
one-third of the eligible Indian or Alaska Native 
children who are served by such local educational 
agency may apply for such grant. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
treat each Indian tribe, Indian organization, 
Alaska Native Organization, or consortium of 
such entities applying for a grant pursuant to 
paragraph (1) as if such applicant were a local 
educational agency for purposes of this subpart. 
‘‘(B) EXCEPTIONS.—Notwithstanding sub-
paragraph (A), such Indian tribe, Indian orga-
nization, Alaska Native Organization, or con-
409 
sortium of such entities shall not be subject to 
the requirements of section 5114(c)(5) or 5119. 
‘‘(3) ELIGIBILITY.—If more than 1 applicant 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
and Alaska Native children who are served by the 
local educational agency shall be eligible to receive 
the grant or the applicants may apply in consortium 
and jointly operate a program. 
‘‘(d) INDIAN
AND ALASKA NATIVE COMMUNITY- 
BASED ORGANIZATIONS.— 
‘‘(1) IN
GENERAL.—If no local educational 
agency pursuant to subsection (b), and no Indian 
tribe, tribal organization, Alaska Native Organiza-
tion, or consortium pursuant to subsection (c), ap-
plies for a grant under this subpart, Indian and 
Alaska Native community-based organizations serv-
ing the community of the local educational agency 
may apply for the grant. 
‘‘(2) APPLICABILITY OF SPECIAL RULE.—The 
Secretary shall apply the special rule in subsection 
(c)(2) to a community-based organization applying 
or receiving a grant under paragraph (1) in the 
same manner as such rule applies to an Indian tribe,
410 
Indian organization, Alaska Native Organization, or 
consortium. 
‘‘(3) DEFINITION OF INDIAN AND ALASKA NA-
TIVE
COMMUNITY-BASED
ORGANIZATIONS.—In this 
subsection, the term ‘Indian and Alaska Native com-
munity-based organizations’ means any organiza-
tions that— 
‘‘(A) are composed primarily of the family 
members of Indian or Alaska Native students, 
Indian or Alaska Native community members, 
tribal government education officials, and tribal 
members from a specific community; 
‘‘(B) assist in the social, cultural, and edu-
cational development of Indians or Alaska Na-
tives in such community; 
‘‘(C) meet the unique cultural, language, 
and academic needs of Indian or Alaska Native 
students; and 
‘‘(D) demonstrate organizational and ad-
ministrative capacity to effectively manage the 
grant. 
‘‘SEC. 5113. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall
411 
allocate to each local educational agency that has an 
approved application under this subpart an amount 
equal to the product of— 
‘‘(A) the number of Indian children who 
are eligible under section 5117 and served by 
such agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is lo-
cated; or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e). 
‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under sec-
tion 5112, and a school that is operated or sup-
ported by the Bureau of Indian Education that is el-
igible for a grant under subsection (d), that submits 
an application that is approved by the Secretary, 
shall, subject to appropriations, receive a grant 
under this subpart in an amount that is not less 
than $3,000.
412 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium for the purpose of obtaining 
grants under this subpart. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not 
more than $4,000 for all grantees if the Secretary 
determines such increase is necessary to ensure the 
quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, 
the term ‘average per pupil expenditure’, used with respect 
to a State, means an amount equal to— 
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the 
State, plus any direct current expenditures by the 
State for the operation of such agencies, without re-
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.—
413 
‘‘(1) IN GENERAL.—Subject to subsection (e), 
in addition to the grants awarded under subsection 
(a), the Secretary shall allocate to the Secretary of 
the Interior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this subpart shall submit an application in ac-
cordance with section 5114, and shall otherwise be
414 
treated as a local educational agency for the purpose 
of this subpart, except that such school shall not be 
subject to section 5114(c)(5) or section 5119. 
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year to carry out this subpart are 
insufficient to pay in full the amounts determined for local 
educational agencies under subsection (a)(1) and for the 
Secretary of the Interior under subsection (d), each of 
those amounts shall be ratably reduced. 
‘‘SEC. 5114. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
subpart shall submit an application to the Secretary at 
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. 
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include 
a description of a comprehensive program for meeting the 
needs of Indian and Alaska Native children served by the 
local educational agency, including the language and cul-
tural needs of the children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students;
415 
‘‘(2)(A) is consistent with the State, tribal, and 
local plans submitted under other provisions of this 
Act; and 
‘‘(B) includes academic content and student 
academic achievement goals for such children, and 
benchmarks for attaining such goals, that are based 
on State academic content and student academic 
achievement standards adopted under title I for all 
children; 
‘‘(3) explains how the local educational agency 
will use the funds made available under this subpart 
to supplement other Federal, State, and local pro-
grams that serve such students; 
‘‘(4) demonstrates how funds made available 
under this subpart will be used for activities de-
scribed in section 5115; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that— 
‘‘(A) teachers and other school profes-
sionals who are new to the Indian or Alaska 
Native community are prepared to work with 
Indian and Alaska Native children; 
‘‘(B) all teachers who will be involved in 
programs assisted under this subpart have been
416 
properly trained to carry out such programs; 
and 
‘‘(C) those family members of Indian and 
Alaska Native children and representatives of 
tribes who are on the committee described in 
(c)(5) will participate in the planning of profes-
sional development materials; 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this subpart, in meeting the goals 
described in paragraph (2); 
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to— 
‘‘(i) the committee described in sub-
section (c)(5); 
‘‘(ii) the community served by the 
local educational agency; and 
‘‘(iii) the tribes whose children are 
served by the local educational agency; and
417 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A); and 
‘‘(7) explicitly delineates— 
‘‘(A) a formal, collaborative process that 
the local educational agency used to directly in-
volve tribes, Indian organizations, or Alaska 
Native Organizations in the development of the 
comprehensive programs and the results of such 
process; and 
‘‘(B) how the local educational agency 
plans to ensure that tribes, Indian organiza-
tions, or Alaska Native Organizations will play 
an active, meaningful, and ongoing role in the 
functioning of the comprehensive programs. 
‘‘(c) ASSURANCES.—Each application submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this subpart only to supplement the 
funds that, in the absence of the Federal funds 
made available under this subpart, such agency 
would make available for services described in this 
subsection, and not to supplant such funds;
418 
‘‘(2) the local educational agency will use funds 
received under this subpart only for activities de-
scribed and authorized under this subpart; 
‘‘(3) the local educational agency will prepare 
and submit to the Secretary such reports, in such 
form and containing such information, as the Sec-
retary may require to— 
‘‘(A) carry out the functions of the Sec-
retary under this subpart; 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this subpart are effec-
tive in improving the educational achievement 
of Indian and Alaska Native students served by 
such agency; and 
‘‘(C) determine the extent to which such 
activities address the unique cultural, language, 
and educational needs of Indian students; 
‘‘(4) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs 
of the American Indian and Alaska Native stu-
419 
dents for whom the local educational agency is 
providing an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
or Alaska Native community; and 
‘‘(C) was developed by such agency in open 
consultation with the families of Indian or Alas-
ka Native children, Indian or Alaska Native 
teachers, Indian or Alaska Native students 
from secondary schools, and representatives of 
tribes, Indian organizations, or Alaska Native 
Organizations in the community including 
through public hearings held by such agency to 
provide to the individuals described in this sub-
paragraph a full opportunity to understand the 
program and to offer recommendations regard-
ing the program; 
‘‘(5) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected 
by— 
‘‘(i) family members of Indian and 
Alaska Native children that are attending 
the local educational agency’s schools;
420 
‘‘(ii) teachers in the schools; and 
‘‘(iii) Indian and Alaska Native stu-
dents attending secondary schools of the 
agency; 
‘‘(B) a majority of whose members are 
family members of Indian and Alaska Native 
children that are attending the local educational 
agency’s schools; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures 
relating to the hiring of personnel, as will en-
sure that the program for which assistance is 
sought will be operated and evaluated in con-
sultation with, and with the involvement of, 
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 5115(c), that has— 
‘‘(i) reviewed in a timely fashion the 
program; 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and
421 
‘‘(iii) will directly enhance the edu-
cational experience of American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws 
for the conduct of the activities of the com-
mittee and abides by such bylaws; and 
‘‘(6) the local educational agency conducted 
adequate outreach to family members to meet the 
requirements under subsection (c)(5). 
‘‘SEC. 5115. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart 
shall use the grant funds, in a manner consistent with the 
purpose specified in section 5111, 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 5114(a) solely for the services 
and activities described in such application; 
‘‘(2) are designed with special regard for the 
language and cultural needs of the Indian students; 
and
422 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
‘‘(1) activities that support Native American 
language immersion programs and Native American 
language restoration programs, which may be taught 
by traditional leaders; 
‘‘(2) culturally related activities that support 
the program described in the application submitted 
by the local educational agency; 
‘‘(3) early childhood and family programs that 
emphasize school readiness; 
‘‘(4) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State 
academic content and student academic achievement 
standards; 
‘‘(5) integrated educational services in combina-
tion with other programs including programs that 
enhance student achievement by promoting increased 
involvement of parents and families in school activi-
ties; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the
423 
programs supported by the Carl D. Perkins Career 
and Technical Education Improvement Act of 2006, 
including programs for tech-prep education, men-
toring, and apprenticeship; 
‘‘(7) activities to educate individuals so as to 
prevent violence, suicide, and substance abuse; 
‘‘(8) the acquisition of equipment, but only if 
the acquisition of the equipment is essential to 
achieve the purpose described in section 5111; 
‘‘(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 culturally and 
linguistically relevant curriculum content into class-
room instruction that is responsive to the unique 
learning styles of Indian and Alaska Native children 
and ensures that children are better able to meet 
State standards; 
‘‘(11) family literacy services; 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors;
424 
‘‘(13) dropout prevention strategies for Indian 
and Alaska Native students; and 
‘‘(14) strategies to meet the educational needs 
of at-risk Indian students in correctional facilities, 
including such strategies that support Indian and 
Alaska Native students who are transitioning from 
such facilities to schools served by local educational 
agencies. 
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding 
any other provision of law, a local educational agency may 
use funds made available to such agency under this sub-
part to support a schoolwide program under section 1114 
if— 
‘‘(1) the committee established pursuant to sec-
tion 5114(c)(5) approves the use of the funds for 
the schoolwide program; 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 5111; and 
‘‘(3) the local educational agency identifies in 
its application how the use of such funds in a 
schoolwide program will produce benefits to the 
American Indian and Alaska Native students that 
would not be achieved if the funds were not used in 
a schoolwide program.
425 
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
under this subpart for any fiscal year may be used for 
administrative purposes. 
‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds 
provided to a grantee under this subpart may not be used 
for long-distance travel expenses for training activities 
available locally or regionally. 
‘‘SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this 
subpart may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students. 
‘‘(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.
426 
‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and re-
lated services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources 
to be consolidated; 
‘‘(2) be consistent with the objectives of this 
section concerning authorizing the services to be in-
tegrated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that 
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the objectives set 
forth in this subpart; 
‘‘(4) describe the way in which services are to 
be integrated and delivered and the results expected 
from the plan;
427 
‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
‘‘(6) identify the State, tribal, or local agency 
or agencies to be involved in the delivery of the serv-
ices integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for academic content 
and student academic achievement goals designed to 
be met within a specific period of time; and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 5114(c)(5), 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
428 
that has been so identified by the entity or department, 
unless the Secretary of the affected department deter-
mines that such a waiver is inconsistent with the objectives 
of this subpart or those provisions of the statute from 
which the program involved derives authority that are spe-
cifically applicable to Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval. 
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of the 
enactment of the Student Success Act, the Secretary of 
Education, the Secretary of the Interior, the Secretary of 
the Department of Health and Human Services, and the 
head of any other Federal department or agency identified 
by the Secretary of Education, shall enter into an inter-
departmental memorandum of agreement providing for 
the implementation and coordination of the demonstration 
projects authorized under this section. The lead agency
429 
head for a demonstration project under this section shall 
be— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related 
to the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
‘‘(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
430 
or reject the plan for providing such technical assist-
ance and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with 
the requirements of this section. Such report format shall 
require that reports described in subsection (h), together 
with records maintained on the consolidated program at 
the local level, shall contain such information as will allow 
a determination that the eligible entity has complied with 
the requirements incorporated in its approved plan, in-
cluding making a demonstration of student academic 
achievement, and will provide assurances to each Sec-
retary that the eligible entity has complied with all directly 
applicable statutory requirements and with those directly 
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.
431 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable ac-
tivities authorized under such program, except that 
the eligible entity shall determine the proportion of 
the funds granted that shall be allocated to such 
program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records 
tracing any services or activities conducted under 
the approved plan to the individual programs under 
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
432 
Federal audit purposes, if the overage is used for the pur-
poses provided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 
part shall be construed so as to interfere with the ability 
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant 
to chapter 75 of title 31, United States Code. 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.— 
‘‘(1) PRELIMINARY REPORT.—Not later than 2 
years after the date of the enactment of the Student 
Success Act, the Secretary of Education shall submit 
a preliminary report to the Committee on Education 
and the Workforce and the Committee on Natural 
Resources of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions and the Committee on Indian Affairs of the 
Senate on the status of the implementation of the 
demonstration projects authorized under this sec-
tion. 
‘‘(2) FINAL REPORT.—Not later than 5 years 
after the date of the enactment of the Student Suc-
cess Act, the Secretary of Education shall submit a 
report to the Committee on Education and the 
Workforce and the Committee on Natural Resources
433 
of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions and the 
Committee on Indian Affairs of the Senate on the 
results of the implementation of the demonstration 
projects authorized under this section. Such report 
shall identify statutory barriers to the ability of par-
ticipants to integrate more effectively their education 
and related services to Indian students in a manner 
consistent with the objectives of this section. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(1) the Secretary of the Interior, in the case 
of an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 5117. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this subpart, 
each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that 
sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this sub-
434 
part, and that otherwise meets the requirements of sub-
section (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of 
Indians (as defined in section 5151) with re-
spect to which the child claims membership; 
‘‘(ii) the enrollment or membership number 
establishing the membership of the child (if 
readily available); and 
‘‘(iii) the name and address of the organi-
zation that maintains updated and accurate 
membership data for such tribe or band of Indi-
ans; or 
‘‘(B) the name, the enrollment or member-
ship number (if readily available), and the name 
and address of the organization responsible for 
maintaining updated and accurate membership 
data, of any parent or grandparent of the child 
from whom the child claims eligibility under 
this subpart, if the child is not a member of the 
tribe or band of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band 
of Indians (as so defined), with respect to which the
435 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or 
legal guardian of the child; 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied; 
‘‘(5) any other information that the Secretary 
considers necessary to provide an accurate program 
profile; and 
‘‘(6) all individual data collected will be pro-
tected by the local educational agencies and only ag-
gregated data will be reported to the Secretary. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect a definition contained 
in section 5151. 
‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 
‘‘(1) TYPES OF PROOF.—For purposes of deter-
mining whether a child is eligible to be counted for 
the purpose of computing the amount of a grant 
award under section 5113, the membership of the 
child, or any parent or grandparent of the child, in 
a tribe or band of Indians (as so defined) may be 
established by proof other than an enrollment num-
ber, notwithstanding the availability of an enroll-
436 
ment number for a member of such tribe or band. 
Nothing in subsection (b) shall be construed to re-
quire the furnishing of an enrollment number. 
‘‘(2) NO
NEW
OR
DUPLICATIVE
DETERMINA-
TIONS.—Once a child is determined to be an Indian 
eligible to be counted for such grant award, the local 
education agency shall maintain a record of such de-
termination and shall not require a new or duplicate 
determination to be made for such child for a subse-
quent application for a grant under this subpart. 
‘‘(3) PREVIOUSLY
FILED
FORMS.—An Indian 
student eligibility form that was on file as required 
by this section on the day before the date of the en-
actment of the Student Success Act and that met 
the requirements of this section, as this section was 
in effect on the day before the date of the enactment 
of such Act, shall remain valid for such Indian stu-
dent. 
‘‘(e) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is nec-
essary to carry out the responsibility of the Sec-
retary to provide technical assistance under this 
subpart, the Secretary shall conduct a moni-
437 
toring and evaluation review of a sampling of 
the recipients of grants under this subpart. The 
sampling conducted under this subparagraph 
shall take into account the size of and the geo-
graphic location of each local educational agen-
cy. 
‘‘(B) EXCEPTION.—A local educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason 
of the findings of an audit that relates to the 
date of completion, or the date of submission, 
of any forms used to establish, before April 28, 
1988, the eligibility of a child for an entitle-
ment under the Indian Elementary and Sec-
ondary School Assistance Act. 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this subpart shall— 
‘‘(A) be ineligible to apply for any other 
grant under this subpart; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED
CHILDREN.—A student who 
provides false information for the form required
438 
under subsection (a) shall not be counted for the 
purpose of computing the amount of a grant under 
section 5113. 
‘‘(f) TRIBAL GRANT
AND CONTRACT SCHOOLS.— 
Notwithstanding any other provision of this section, in cal-
culating the amount of a grant under this subpart to a 
tribal school that receives a grant or contract from the 
Bureau of Indian Education, the Secretary shall use only 
one of the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for 
whom the school has eligibility forms that comply 
with this section. 
‘‘(g) TIMING OF CHILD COUNTS.—For purposes of 
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this subpart (other than in the case described in 
subsection (f)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs 
before the deadline established by the Secretary for 
submitting an application under section 5114; and
439 
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a 
school of the agency on that date or during that pe-
riod, as the case may be. 
‘‘SEC. 5118. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), the 
Secretary shall pay to each local educational agency that 
submits an application that is approved by the Secretary 
under this subpart the amount determined under section 
5113. The Secretary shall notify the local educational 
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 
subpart to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the 
amount of the State aid, with respect to the free public 
education of children during such fiscal year or the pre-
ceding fiscal year. 
‘‘(c) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best 
carry out the purpose of this subpart, any amounts that—
440 
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this subpart; or 
‘‘(2) otherwise become available for reallocation 
under this subpart. 
‘‘SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 5114, 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. 
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian 
Children and Youth 
‘‘SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IM-
PROVE EDUCATIONAL OPPORTUNITIES FOR 
INDIAN CHILDREN AND YOUTH. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this 
section to support projects to develop, test, and dem-
441 
onstrate the effectiveness of services and programs 
to improve educational opportunities and achieve-
ment of Indian children and youth. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this subpart with— 
‘‘(A) other programs funded under this 
Act; and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children and youth. 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), Alaska Native Organiza-
tion, or a consortium of such entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants to eligible entities to enable such entities to 
carry out activities that meet the purpose of this 
section, including—
442 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvan-
taged children and youth; 
‘‘(B) educational services that are not 
available to such children and youth in suffi-
cient quantity or quality, including remedial in-
struction, to raise the achievement of Indian 
and Alaska Native children in one or more of 
the subjects of English, mathematics, science, 
foreign languages, 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, emotional, and psycho-
logical problems 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; 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) high quality early childhood education 
programs that are effective in preparing young
443 
children to make sufficient academic growth by 
the end of grade 3, including kindergarten and 
pre-kindergarten programs, family-based pre-
school programs that emphasize school readi-
ness, screening and referral, and the provision 
of services to Indian children and youth 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;
444 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
dian children, and incorporate appropriately 
qualified tribal elders and seniors; 
‘‘(M) high quality professional development 
of teaching professionals and paraprofessionals; 
or 
‘‘(N) other services that meet the purpose 
described in 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 
this paragraph to an eligible entity after the
445 
initial year of the multiyear grant only if the 
Secretary determines that the eligible entity has 
made substantial progress in carrying out the 
activities assisted under the grant in accordance 
with the application submitted under paragraph 
(3) and any subsequent modifications to such 
application. 
‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs as-
sisted under this section. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
may award a dissemination grant described in 
this paragraph if, prior to awarding the grant, 
the Secretary determines that the material or 
program to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.—
446 
‘‘(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 
a scientifically based research program, 
where applicable, which may include a pro-
gram that has been modified to be cul-
turally appropriate for students who will be 
served;
447 
‘‘(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; and 
‘‘(v) such other assurances and infor-
mation as the Secretary may reasonably 
require. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart 
for any fiscal year may be used for administrative pur-
poses. 
‘‘SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase the number of qualified Indian 
and Alaska Native teachers and administrators serv-
ing Indian and Alaska Native students; 
‘‘(2) to provide training to qualified Indian and 
Alaska Native individuals to become educators and 
education support service professionals; 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—
448 
‘‘(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 to eligible entities having applica-
tions approved 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. Such activi-
ties may include continuing programs, symposia, 
workshops, conferences, and direct financial support, 
and may include programs designed to train tribal 
elders and seniors. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE OF TRAINING.—For education 
personnel, the training received pursuant to a
449 
grant under this section may be inservice or 
preservice training. 
‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any 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, in such manner, and accompanied 
by such information, as the Secretary may reasonably re-
quire. 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
‘‘(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 a period of not more than 5 years. 
‘‘(h) SERVICE OBLIGATION.—
450 
‘‘(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 
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). 
‘‘SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE 
AGREEMENTS. 
‘‘(a) PURPOSE.—Tribes may enter into written coop-
erative agreements with the State educational agency and 
the local educational agencies operating a school or schools 
within Indian lands. For purposes of this section, the term 
‘Indian land’ has the meaning given that term in section 
8013.
451 
‘‘(b) COOPERATIVE AGREEMENT.—If requested by 
the Indian tribe, the State educational agency or the local 
educational agency may enter into a cooperative agree-
ment with the Indian tribe. Such cooperative agreement— 
‘‘(1) may authorize the tribe or such tribe’s re-
spective tribal education agency to plan, conduct, 
consolidate, and administer programs, services, func-
tions, and activities, or portions thereof, adminis-
tered by the State educational agency or the local 
educational agency; 
‘‘(2) may authorize the tribe or such tribe’s re-
spective tribal education agency to reallocate funds 
for such programs, services, functions, and activities, 
or portions thereof as necessary; and 
‘‘(3) shall— 
‘‘(A) only confer the tribe or such tribe’s 
respective tribal education agency with respon-
sibilities to conduct activities described in para-
graph (1) such that the burden assumed by the 
tribe or the tribal education agency for con-
ducting such is commensurate with the benefit 
that doing so conveys to all parties of the agree-
ment; and 
‘‘(B) be based solely on terms of the writ-
ten agreement decided upon by the Indian tribe
452 
and the State educational agency or local edu-
cation agency. 
‘‘(c) DISAGREEMENT.—Agreements shall only be 
valid if the Indian tribe and State educational agency or 
local educational agency agree fully in writing to all of 
the terms of the written cooperative agreement. 
‘‘(d) COMPLIANCE WITH APPLICABLE LAW.—Noth-
ing in this section shall be construed to relieve any party 
to a cooperative agreement from complying with all appli-
cable Federal, State, local laws. State and local edu-
cational agencies are still the ultimate responsible, liable 
parties for complying with all laws and funding require-
ments for any functions that are conveyed to tribes and 
tribal education agencies through the cooperative agree-
ments. 
‘‘(e) DEFINITION.—For the purposes of this subpart, 
the term ‘Indian Tribe’ means any tribe or band that is 
officially recognized by the Secretary of the Interior. 
‘‘Subpart 3—National Activities 
‘‘SEC. 5131. NATIONAL RESEARCH ACTIVITIES. 
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may 
use funds made available to carry out this subpart for each 
fiscal year to— 
‘‘(1) conduct research related to effective ap-
proaches for improving the academic achievement
453 
and development of Indian and Alaska Native chil-
dren and adults; 
‘‘(2) collect and analyze data on the educational 
status and needs of Indian and Alaska Native stu-
dents; and 
‘‘(3) carry out other activities that are con-
sistent with the purpose of this part. 
‘‘(b) ELIGIBILITY.—The Secretary may carry out any 
of the activities described in subsection (a) directly or 
through grants to, or contracts or cooperative agreements 
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions 
of higher education, including Indian institutions of higher 
education, and other public and private agencies and insti-
tutions. 
‘‘(c) COORDINATION.—Research activities supported 
under this section— 
‘‘(1) shall be coordinated with appropriate of-
fices within the Department; and 
‘‘(2) may include collaborative research activi-
ties that are jointly funded and carried out by the 
Office of Indian Education Programs, the Office of 
Educational Research and Improvement, the Bureau 
of Indian Education, and the Institute of Education 
Sciences.
454 
‘‘SEC. 5132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 
STUDENTS 
THROUGH 
NATIVE 
AMERICAN 
LANGUAGE. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
improve educational opportunities and academic achieve-
ment of Indian and Alaska Native students through Na-
tive American language programs and to foster the acqui-
sition of Native American language. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means a State educational 
agency, local educational agency, Indian tribe, Indian or-
ganization, federally supported elementary school or sec-
ondary school for Indian students, Indian institution (in-
cluding an Indian institution of higher education), or a 
consortium of such entities. 
‘‘(c) GRANTS AUTHORIZED.—The Secretary shall 
award grants to eligible entities to enable such entities to 
carry out the following activities: 
‘‘(1) Native American language programs 
that— 
‘‘(A) provide instruction through the use of 
a Native American language for not less than 
10 children for an average of not less than 500 
hours per year per student;
455 
‘‘(B) provide for the involvement of par-
ents, caregivers, and families of students en-
rolled in the program; 
‘‘(C) utilize, and may include the develop-
ment of, instructional courses and materials for 
learning Native American languages and for in-
struction through the use of Native American 
languages; 
‘‘(D) provide support for professional de-
velopment activities; and 
‘‘(E) include a goal of all students achiev-
ing— 
‘‘(i) fluency in a Native American lan-
guage; and 
‘‘(ii) academic proficiency in mathe-
matics, English, reading or language arts, 
and science. 
‘‘(2) Native American language restoration pro-
grams that— 
‘‘(A) provide instruction in not less than 1 
Native American language; 
‘‘(B) provide support for professional de-
velopment activities for teachers of Native 
American languages;
456 
‘‘(C) develop instructional materials for the 
programs; and 
‘‘(D) include the goal of increasing pro-
ficiency and fluency in not less than 1 Native 
American language. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—An eligible entity that de-
sires to receive a grant under this section shall sub-
mit an application to the Secretary at such time, in 
such manner, and accompanied by such information 
as the Secretary may require. 
‘‘(2) CERTIFICATION.—An eligible entity that 
submits an application for a grant to carry out the 
activity specified in subsection (c)(1), shall include 
in such application a certification that assures that 
such entity has experience and a demonstrated 
record of effectiveness in operating and admin-
istering a Native American language program or any 
other educational program in which instruction is 
conducted in a Native American language. 
‘‘(e) GRANT DURATION.—The Secretary shall make 
grants under this section only on a multi-year basis. Each 
such grant shall be for a period not to exceed 5 years. 
‘‘(f) DEFINITION.—In this section, the term ‘average’ 
means the aggregate number of hours of instruction
457 
through the use of a Native American language to all stu-
dents enrolled in a Native American language program 
during a school year divided by the total number of stu-
dents enrolled in the program. 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of the funds pro-
vided to a grantee under this section for any fiscal 
year may be used for administrative purposes. 
‘‘(2) EXCEPTION.—An elementary school or 
secondary school for Indian students that receives 
funds from a recipient of a grant under subsection 
(c) for any fiscal year may use not more than 10 
percent of the funds for administrative purposes. 
‘‘SEC. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINIS-
TRATIVE PLANNING AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Secretary may make grants 
to Indian tribes, and tribal organizations approved by In-
dian tribes, to plan and develop a centralized tribal admin-
istrative entity to— 
‘‘(1) coordinate all education programs operated 
by the tribe or within the territorial jurisdiction of 
the tribe; 
‘‘(2) develop education codes for schools within 
the territorial jurisdiction of the tribe;
458 
‘‘(3) provide support services and technical as-
sistance to schools serving children of the tribe; and 
‘‘(4) perform child-find screening services for 
the preschool-aged children of the tribe to— 
‘‘(A) ensure placement in appropriate edu-
cational facilities; and 
‘‘(B) coordinate the provision of any need-
ed special services for conditions such as dis-
abilities and English language skill deficiencies. 
‘‘(b) PERIOD OF GRANT.—Each grant awarded under 
this section may be awarded for a period of not more than 
3 years. Such grant may be renewed upon the termination 
of the initial period of the grant if the grant recipient dem-
onstrates to the satisfaction of the Secretary that renew-
ing the grant for an additional 3-year period is necessary 
to carry out the objectives of the grant described in sub-
section (c)(2)(A). 
‘‘(c) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—Each Indian tribe and trib-
al organization desiring a grant under this section 
shall submit an application to the Secretary at such 
time, in such manner, containing such information, 
and consistent with such criteria, as the Secretary 
may prescribe in regulations.
459 
‘‘(2) CONTENTS.—Each application described in 
paragraph (1) shall contain— 
‘‘(A) a statement describing the activities 
to be conducted, and the objectives to be 
achieved, under the grant; and 
‘‘(B) a description of the method to be 
used for evaluating the effectiveness of the ac-
tivities for which assistance is sought and for 
determining 
whether 
such 
objectives 
are 
achieved. 
‘‘(3) APPROVAL.—The Secretary may approve 
an application submitted by a tribe or tribal organi-
zation pursuant to this section only if the Secretary 
is satisfied that such application, including any doc-
umentation submitted with the application— 
‘‘(A) demonstrates that the applicant has 
consulted with other education entities, if any, 
within the territorial jurisdiction of the appli-
cant who will be affected by the activities to be 
conducted under the grant; 
‘‘(B) provides for consultation with such 
other education entities in the operation and 
evaluation of the activities conducted under the 
grant; and
460 
‘‘(C) demonstrates that there will be ade-
quate resources provided under this section or 
from other sources to complete the activities for 
which assistance is sought, except that the 
availability of such other resources shall not be 
a basis for disapproval of such application. 
‘‘(d) RESTRICTION.—A tribe may not receive funds 
under this section if such tribe receives funds under sec-
tion 1144 of the Education Amendments of 1978. 
‘‘Subpart 4—Federal Administration 
‘‘SEC. 5141. 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-
461 
tices) of any program, including any program estab-
lished under this part— 
‘‘(A) with respect to which the Secretary 
has jurisdiction; and 
‘‘(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).
462 
‘‘SEC. 5142. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under sub-
part 2 or subpart 3. 
‘‘SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under subpart 2 or subpart 3, the 
Secretary shall give a preference to Indian tribes, organi-
zations, and institutions of higher education under any 
program with respect to which Indian tribes, organiza-
tions, and institutions are eligible to apply for grants, con-
tracts, or cooperative agreements. 
‘‘SEC. 5144. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under subpart 
2 or subpart 3 unless the application is for a grant, con-
tract, or cooperative 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. 
‘‘Subpart 5—Definitions; Authorizations of 
Appropriations 
‘‘SEC. 5151. DEFINITIONS. 
‘‘For the purposes of this part:
463 
‘‘(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) 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. 
‘‘(3) 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;
464 
‘‘(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; 
‘‘(D) an Alaska Native, as defined in sec-
tion 5206(1); 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 the enactment of the Improv-
ing America’s Schools Act of 1994. 
‘‘(4) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ has the same 
meaning as defined in section 5206(2). 
‘‘SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) SUBPART 1.—For the purpose of carrying out 
subpart 1, there are authorized to be appropriated 
$105,921,000 for each of fiscal years 2016 through 2019. 
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car-
rying out subparts 2 and 3, there are authorized to be 
appropriated $24,858,000 for each of fiscal years 2016 
through 2019.
465 
‘‘PART B—ALASKA NATIVE EDUCATION 
‘‘SEC. 5201. SHORT TITLE. 
‘‘This part may be cited as the ‘Alaska Native Edu-
cational Equity, Support, and Assistance Act’. 
‘‘SEC. 5202. FINDINGS. 
‘‘Congress finds and declares the following: 
‘‘(1) It is the policy of the Federal Government 
to maximize the leadership of and participation by 
Alaska Natives in the planning and the management 
of Alaska Native education programs and to support 
efforts developed by and undertaken within the Alas-
ka Native community to improve educational oppor-
tunity for all students. 
‘‘(2) Many Alaska Native children enter and 
exit school with serious educational disadvantages. 
‘‘(3) Overcoming the magnitude of the geo-
graphic challenges, historical inequities, and other 
barriers to successfully improving educational out-
comes for Alaska Native students in rural, village, 
and urban settings is challenging. Significant dis-
parities between academic achievement of Alaska 
Native students and non-Native students continues, 
including lower graduation rates, increased school 
dropout rates, and lower achievement scores on 
standardized tests.
466 
‘‘(4) The preservation of Alaska Native cultures 
and languages and the integration of Alaska Native 
cultures and languages into education, positive iden-
tity development for Alaska Native students, and 
local, place-based, and culture-based programming 
are critical to the attainment of educational success 
and the long-term well-being of Alaska Native stu-
dents. 
‘‘(5) Improving educational outcomes for Alaska 
Native students increases access to employment op-
portunities. 
‘‘(6) The programs and activities authorized 
under this part give priority to Alaska Native orga-
nizations as a means of increasing Alaska Native 
parents’ and community involvement in the pro-
motion of academic success of Alaska Native stu-
dents. 
‘‘(7) The Federal Government should lend sup-
port to efforts developed by and undertaken within 
the Alaska Native community to improve educational 
opportunity for Alaska Native students. In 1983, 
pursuant to Public Law 98–63, Alaska ceased to re-
ceive educational funding from the Bureau of Indian 
Affairs. The Bureau of Indian Education does not 
operate any schools in Alaska, nor operate or fund
467 
Alaska Native education programs. The program 
under this part supports the Federal trust responsi-
bility of the United States to Alaska Natives. 
‘‘SEC. 5203. PURPOSES. 
‘‘The purposes of this part are as follows: 
‘‘(1) To recognize and address the unique edu-
cational needs of Alaska Natives. 
‘‘(2) To recognize the role of Alaska Native lan-
guages and cultures in the educational success and 
long-term well-being of Alaska Native students. 
‘‘(3) To integrate Alaska Native cultures and 
languages into education, develop Alaska Native stu-
dents’ positive identity, and support local place- 
based and culture-based curriculum and program-
ming. 
‘‘(4) To authorize the development, manage-
ment, and expansion of effective supplemental edu-
cational programs to benefit Alaska Natives. 
‘‘(5) To provide direction and guidance to ap-
propriate Federal, State, and local agencies to focus 
resources, including resources made available under 
this part, on meeting the educational needs of Alas-
ka Natives. 
‘‘(6) To ensure the maximum participation by 
Alaska Native educators and leaders in the planning,
468 
development, management, and evaluation of pro-
grams designed to serve Alaska Natives students, 
and to ensure Alaska Native organizations play a 
meaningful role in supplemental educational services 
provided to Alaska Native students. 
‘‘SEC. 5204. PROGRAM AUTHORIZED. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) GRANTS AND CONTRACTS.—The Secretary 
is authorized to make grants to, or enter into con-
tracts with, Alaska Native organizations, State edu-
cational agencies, local educational agencies, edu-
cational entities with experience in developing or op-
erating Alaska Native educational programs or pro-
grams of instruction conducted in Alaska Native lan-
guages, cultural and community-based organizations 
with experience in developing or operating programs 
to benefit the educational needs of Alaska Natives, 
and consortia of organizations and entities described 
in this paragraph, to carry out programs that meet 
the purposes of this part. 
‘‘(2) ADDITIONAL
REQUIREMENT.—A State 
educational agency, local educational agency, edu-
cational entity with experience in developing or oper-
ating Alaska Native educational programs or pro-
grams of instruction conducted in Alaska Native lan-
469 
guages, cultural and community-based organization 
with experience in developing or operating programs 
to benefit the educational needs of Alaska Natives, 
or consortium of such organizations and entities is 
eligible for an award under this part only as part of 
a partnership involving an Alaska Native organiza-
tion. 
‘‘(3) MANDATORY ACTIVITIES.—Activities pro-
vided through the programs carried out under this 
part shall include the following which shall only be 
provided specifically in the context of elementary 
and secondary education: 
‘‘(A) The development and implementation 
of plans, methods, and strategies to improve the 
educational outcomes of Alaska Native people. 
‘‘(B) The collection of data to assist in the 
evaluation of the programs carried out under 
this part. 
‘‘(4) PERMISSIBLE ACTIVITIES.—Activities pro-
vided through programs carried out under this part 
may include the following which shall only be pro-
vided specifically in the context of elementary and 
secondary education:
470 
‘‘(A) The development of curricula and 
programs that address the educational needs of 
Alaska Native students, including the following: 
‘‘(i) Curriculum materials that reflect 
the cultural diversity, languages, history, 
or the contributions of Alaska Native peo-
ple. 
‘‘(ii) 
Instructional 
programs 
that 
make use of Alaska Native languages and 
cultures. 
‘‘(iii) Networks that develop, test, and 
disseminate best practices and introduce 
successful programs, materials, and tech-
niques to meet the educational needs of 
Alaska Native students in urban and rural 
schools. 
‘‘(B) Training and professional develop-
ment activities for educators, including the fol-
lowing: 
‘‘(i) Pre-service and in-service training 
and professional development programs to 
prepare teachers to develop appreciation 
for, and understanding of, Alaska Native 
history, cultures, values, ways of knowing 
and learning in order to effectively address
471 
the cultural diversity and unique needs of 
Alaska Native students. 
‘‘(ii) Recruitment and preparation of 
teachers who are Alaska Native. 
‘‘(iii) Programs that will lead to the 
certification and licensing of Alaska Native 
teachers, principals, and superintendents. 
‘‘(C) The development and operation of 
student enrichment programs, including those 
in science, technology, engineering, and mathe-
matics that— 
‘‘(i) are designed to prepare Alaska 
Native students to excel in such subjects; 
‘‘(ii) provide appropriate support serv-
ices to enable such students to benefit 
from the programs; and 
‘‘(iii) include activities that recognize 
and support the unique cultural and edu-
cational needs of Alaska Native children, 
and incorporate appropriately qualified 
Alaska Native elders and other tradition 
bearers. 
‘‘(D) Research and data collection activi-
ties to determine the educational status and 
needs of Alaska Native children and other re-
472 
search and evaluation activities related to pro-
grams carried out under this part. 
‘‘(E) Activities designed to increase the 
graduation rates of Alaska Native students and 
prepare Alaska Native students to be college 
and career ready upon graduation from sec-
ondary school, such as— 
‘‘(i) remedial and enrichment pro-
grams; and 
‘‘(ii) culturally based education pro-
grams, such as— 
‘‘(I) programs of study and other 
instruction in Alaska Native history 
and way of living, to share the rich 
and diverse cultures of Alaska Native 
peoples among Alaska Native youth 
and 
elders, 
non-Native 
students, 
teachers, and the larger community; 
‘‘(II) instruction in leadership, 
communication, Native culture, arts, 
and languages to Alaska Native 
youth; 
‘‘(III) instruction in Alaska Na-
tive history and ways of living to stu-
473 
dents and teachers in the local school 
district; 
‘‘(IV) intergenerational learning 
and internship opportunities to Alaska 
Native youth and young adults; and 
‘‘(V) providing cultural immer-
sion activities aimed at Alaska Native 
cultural preservation. 
‘‘(F) Statewide on-site exchange programs, 
for both students and teachers, that work to fa-
cilitate cultural relationships between urban and 
rural Alaskans to build mutual respect and un-
derstanding, and foster a statewide sense of 
common identity through host family, school, 
and community cross-cultural immersion. 
‘‘(G) Education programs for at-risk urban 
Alaska Native students in kindergarten through 
grade 12 that are designed to improve academic 
proficiency and graduation rates, utilize strate-
gies otherwise permissible under this part, and 
incorporate a strong data collection and contin-
uous evaluation component. 
‘‘(H) Statewide programs that provide 
technical assistance and support to schools and 
communities to engage adults in promoting the
474 
academic progress and overall well-being of 
Alaska Native people through child and youth 
development, positive youth-adult relationships, 
improved conditions for learning (school cli-
mate, student connection to school and commu-
nity), 
and 
increased 
connections 
between 
schools and families. 
‘‘(I) Career preparation activities to enable 
Alaska Native children and adults to prepare 
for meaningful employment, including programs 
providing tech-prep, mentoring, training, and 
apprenticeship activities. 
‘‘(J) Support for the development and 
operational activities of regional vocational 
schools in rural areas of Alaska to provide stu-
dents with necessary resources to prepare for 
skilled employment opportunities. 
‘‘(K) Regional leadership academies that 
demonstrate effectiveness in building respect, 
understanding, and fostering a sense of Alaska 
Native identity to promote their pursuit of and 
success in completing higher education or ca-
reer training.
475 
‘‘(L) Strategies designed to increase the 
involvement of parents in their children’s edu-
cation. 
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of funds provided to an award recipi-
ent under this part for any fiscal year may be used for 
administrative purposes. 
‘‘(c) PRIORITIES.—In awarding grants or contracts 
to carry out activities described in this subpart, the Sec-
retary shall give priority to applications from Alaska Na-
tive Organizations. Such priority shall be explicitly delin-
eated in the Secretary’s process for evaluating applications 
and applied consistently and transparently to all applica-
tions from Alaska Native Organizations. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this part 
$33,185,000 for each of fiscal years 2016 through 2019. 
‘‘SEC. 5205. ADMINISTRATIVE PROVISIONS. 
‘‘(a) APPLICATION REQUIRED.— 
‘‘(1) IN
GENERAL.—No grant may be made 
under this part, and no contract may be entered into 
under this part, unless the Alaska Native organiza-
tion or entity seeking the grant or contract submits 
an application to the Secretary in such form, in such 
manner, and containing such information as the Sec-
476 
retary may determine necessary to carry out the pro-
visions of this part. 
‘‘(2) REQUIREMENT
FOR
CERTAIN
APPLI-
CANTS.—An 
applicant 
described 
in 
section 
5204(a)(2) shall, in the application submitted under 
this paragraph— 
‘‘(A) demonstrate that an Alaska Native 
organization was directly involved in the devel-
opment of the program for which the applica-
tion seeks funds and explicitly delineate the 
meaningful role that the Alaska Native organi-
zation will play in the implementation and eval-
uation of the program for which funding is 
sought; and 
‘‘(B) provide a copy of the Alaska Native 
organization’s governing document. 
‘‘(b) CONSULTATION REQUIRED.—Each applicant for 
an award under this part shall provide for ongoing advice 
from and consultation with representatives of the Alaska 
Native community. 
‘‘(c) LOCAL
EDUCATIONAL
AGENCY
COORDINA-
TION.—Each applicant for an award under this part shall 
inform each local educational agency serving students who 
would participate in the program to be carried out under 
the grant or contract about the application.
477 
‘‘(d) CONTINUATION AWARDS.—An applicant de-
scribed in section 5204(a)(2) that receives funding under 
this part shall periodically demonstrate to the Secretary, 
during the term of the award, that the applicant is con-
tinuing to meet the requirements of subsection (a)(2)(A). 
‘‘SEC. 5206. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ has the same meaning as the term ‘Native’ has 
in section 3(b) of the Alaska Native Claims Settle-
ment Act and their descendants. 
‘‘(2) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native organization’ means a federally 
recognized tribe, consortium of tribes, regional non-
profit Native association, and an organization, 
that— 
‘‘(A) has or commits to acquire expertise 
in the education of Alaska Natives; and 
‘‘(B) has Alaska Native people in sub-
stantive and policymaking positions within the 
organization. 
‘‘PART C—NATIVE HAWAIIAN EDUCATION 
‘‘SEC. 5301. FINDINGS. 
‘‘Congress finds the following:
478 
‘‘(1) Native Hawaiians are a distinct and 
unique indigenous people with a historical continuity 
to the original inhabitants of the Hawaiian archi-
pelago, whose society was organized as a nation and 
internationally recognized as a nation by the United 
States, and many other countries. 
‘‘(2) Native Hawaiians have a cultural, historic, 
and land-based link to the indigenous people who ex-
ercised sovereignty over the Hawaiian Islands. 
‘‘(3) The political status of Native Hawaiians is 
comparable to that of American Indians and Alaska 
Natives. 
‘‘(4) The political relationship between the 
United States and the Native Hawaiian people has 
been recognized and reaffirmed by the United 
States, as evidenced by the inclusion of Native Ha-
waiians in many Federal statutes, including— 
‘‘(A) the Native American Programs Act of 
1974 (42 U.S.C. 2991 et seq.); 
‘‘(B) Public Law 95–341 (commonly 
known as the ‘American Indian Religious Free-
dom Act’ (42 U.S.C. 1996)); 
‘‘(C) the National Museum of the Amer-
ican Indian Act (20 U.S.C. 80q et seq.);
479 
‘‘(D) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.); 
‘‘(E) the National Historic Preservation 
Act (16 U.S.C. 470 et seq.); 
‘‘(F) the Native American Languages Act 
(25 U.S.C. 2901 et seq.); 
‘‘(G) the American Indian, Alaska Native, 
and Native Hawaiian Culture and Art Develop-
ment Act (20 U.S.C. 4401 et seq.); 
‘‘(H) the Workforce Investment Act of 
1998 (29 U.S.C. 2801 et seq.); and 
‘‘(I) the Older Americans Act of 1965 (42 
U.S.C. 3001 et seq.). 
‘‘(5) Many Native Hawaiian students lag be-
hind other students in terms of— 
‘‘(A) school readiness factors; 
‘‘(B) scoring below national norms on edu-
cation achievement tests at all grade levels; 
‘‘(C) underrepresentation in the uppermost 
achievement levels and in gifted and talented 
programs; 
‘‘(D) overrepresentation among students 
qualifying for special education programs;
480 
‘‘(E) underrepresentation in institutions of 
higher education and among adults who have 
completed 4 or more years of college. 
‘‘(6) The percentage of Native Hawaiian stu-
dents served by the State of Hawaii Department of 
Education rose 30 percent from 1980 to 2008, and 
there are and will continue to be geographically 
rural, isolated areas with a high Native Hawaiian 
population density. 
‘‘(7) The Native Hawaiian people are deter-
mined to preserve, develop, and transmit to future 
generations their ancestral territory and their cul-
tural identity in accordance with their own spiritual 
and traditional beliefs, customs, practices, language, 
and social institutions. 
‘‘SEC. 5302. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to authorize, develop, implement, assess, 
and evaluate innovative educational programs, Na-
tive Hawaiian language medium programs, Native 
Hawaiian culture-based education programs, and 
other education programs to improve the academic 
achievement of Native Hawaiian students by meet-
ing their unique cultural and language needs in
481 
order to help such students meet challenging State 
student academic achievement standards; 
‘‘(2) to provide guidance to appropriate Fed-
eral, State, and local agencies to more effectively 
and efficiently focus resources, including resources 
made available under this part, on the development 
and implementation of— 
‘‘(A) innovative educational programs for 
Native Hawaiians; 
‘‘(B) rigorous and substantive Native Ha-
waiian language programs; and 
‘‘(C) Native Hawaiian culture-based edu-
cational programs; and 
‘‘(3) to create a system by which information 
from programs funded under this part will be col-
lected, analyzed, evaluated, reported, and used in de-
cisionmaking activities regarding the types of grants 
awarded under this part. 
‘‘SEC. 
5303. 
NATIVE 
HAWAIIAN 
EDUCATION 
COUNCIL 
GRANT. 
‘‘(a) GRANT AUTHORIZED.—In order to better effec-
tuate the purposes of this part through the coordination 
of educational and related services and programs available 
to Native Hawaiians, including those programs that re-
ceive funding under this part, the Secretary shall award
482 
a grant to an education council, as described under sub-
section (b). 
‘‘(b) EDUCATION COUNCIL.— 
‘‘(1) ELIGIBILITY.—To be eligible to receive the 
grant under subsection (a), the council shall be an 
education council (referred to in this section as the 
‘Education Council’) that meets the requirements of 
this subsection. 
‘‘(2) COMPOSITION.—The Education Council 
shall consist of 15 members of whom— 
‘‘(A) one shall be the President of the Uni-
versity of Hawaii (or a designee); 
‘‘(B) one shall be the Governor of the 
State of Hawaii (or a designee); 
‘‘(C) one shall be the Superintendent of 
the State of Hawaii Department of Education 
(or a designee); 
‘‘(D) one shall be the chairperson of the 
Office of Hawaiian Affairs (or a designee); 
‘‘(E) one shall be the executive director of 
Hawaii’s Charter School Network (or a des-
ignee); 
‘‘(F) one shall be the chief executive officer 
of the Kamehameha Schools (or a designee);
483 
‘‘(G) one shall be the Chief Executive Offi-
cer of the Queen Liliuokalani Trust (or a des-
ignee); 
‘‘(H) one shall be a member, selected by 
the other members of the Education Council, 
who represents a private grant-making entity; 
‘‘(I) one shall be the Mayor of the County 
of Hawaii (or a designee); 
‘‘(J) one shall be the Mayor of Maui Coun-
ty (or a designee from the Island of Maui); 
‘‘(K) one shall be the Mayor of the County 
of Kauai (or a designee); 
‘‘(L) one shall be appointed by the Mayor 
of Maui County from the Island of either 
Molokai or Lanai; 
‘‘(M) one shall be the Mayor of the City 
and County of Honolulu (or a designee); 
‘‘(N) one shall be the chairperson of the 
Hawaiian Homes Commission (or a designee); 
and 
‘‘(O) one shall be the chairperson of the 
Hawaii Workforce Development Council (or a 
designee representing the private sector). 
‘‘(3) REQUIREMENTS.—Any designee serving on 
the Education Council shall demonstrate, as deter-
484 
mined by the individual who appointed such designee 
with input from the Native Hawaiian community, 
not less than 5 years of experience as a consumer 
or provider of Native Hawaiian education or cultural 
activities, with traditional cultural experience given 
due consideration. 
‘‘(4) LIMITATION.—A member (including a des-
ignee), while serving on the Education Council, shall 
not be a recipient of grant funds that are awarded 
under this part. 
‘‘(5) TERM OF MEMBERS.—A member who is a 
designee shall serve for a term of not more than 4 
years. 
‘‘(6) CHAIR, VICE CHAIR.— 
‘‘(A) SELECTION.—The Education Council 
shall select a Chair and a Vice Chair from 
among the members of the Education Council. 
‘‘(B) TERM LIMITS.—The Chair and Vice 
Chair shall each serve for a 2-year term. 
‘‘(7) ADMINISTRATIVE
PROVISIONS
RELATING 
TO EDUCATION COUNCIL.—The Education Council 
shall meet at the call of the Chair of the Council, 
or upon request by a majority of the members of the 
Education Council, but in any event not less often 
than every 120 days.
485 
‘‘(8) NO COMPENSATION.—None of the funds 
made available through the grant may be used to 
provide compensation to any member of the Edu-
cation Council or member of a working group estab-
lished by the Education Council, for functions de-
scribed in this section. 
‘‘(c) USE OF FUNDS FOR COORDINATION ACTIVI-
TIES.—The Education Council shall use funds made avail-
able through the grant to carry out each of the following 
activities: 
‘‘(1) Providing advice about the coordination, 
and serving as a clearinghouse for, the educational 
and related services and programs available to Na-
tive Hawaiians, including the programs assisted 
under this part. 
‘‘(2) Assessing the extent to which such services 
and programs meet the needs of Native Hawaiians, 
and collecting data on the status of Native Hawaiian 
education. 
‘‘(3) Providing direction and guidance, through 
the issuance of reports and recommendations, to ap-
propriate Federal, State, and local agencies in order 
to focus and improve the use of resources, including 
resources made available under this part, relating to
486 
Native Hawaiian education, and serving, where ap-
propriate, in an advisory capacity. 
‘‘(4) Awarding grants, if such grants enable the 
Education Council to carry out the activities de-
scribed in paragraphs (1) through (3). 
‘‘(5) Hiring an executive director who shall as-
sist in executing the duties and powers of the Edu-
cation Council, as described in subsection (d). 
‘‘(d) USE
OF FUNDS
FOR TECHNICAL ASSIST-
ANCE.—The Education Council shall use funds made 
available through the grant to— 
‘‘(1) provide technical assistance to Native Ha-
waiian organizations that are grantees or potential 
grantees under this part; 
‘‘(2) obtain from such grantees information and 
data regarding grants awarded under this part, in-
cluding information and data about— 
‘‘(A) the effectiveness of such grantees in 
meeting the educational priorities established by 
the Education Council, as described in para-
graph (6)(D), using metrics related to these 
priorities; and 
‘‘(B) the effectiveness of such grantees in 
carrying out any of the activities described in 
section 5304(c) that are related to the specific
487 
goals and purposes of each grantee’s grant 
project, using metrics related to these priorities; 
‘‘(3) assess and define the educational needs of 
Native Hawaiians; 
‘‘(4) assess the programs and services available 
to address the educational needs of Native Hawai-
ians; 
‘‘(5) assess and evaluate the individual and ag-
gregate impact achieved by grantees under this part 
in improving Native Hawaiian educational perform-
ance and meeting the goals of this part, using 
metrics related to these goals; and 
‘‘(6) prepare and submit to the Secretary, at 
the end of each calendar year, an annual report that 
contains— 
‘‘(A) a description of the activities of the 
Education Council during the calendar year; 
‘‘(B) a description of significant barriers to 
achieving the goals of this part; 
‘‘(C) a summary of each community con-
sultation session described in subsection (e); 
and 
‘‘(D) recommendations to establish prior-
ities for funding under this part, based on an 
assessment of—
488 
‘‘(i) the educational needs of Native 
Hawaiians; 
‘‘(ii) programs and services available 
to address such needs; 
‘‘(iii) the effectiveness of programs in 
improving the educational performance of 
Native Hawaiian students to help such stu-
dents meet challenging State student aca-
demic achievement standards; and 
‘‘(iv) priorities for funding in specific 
geographic communities. 
‘‘(e) USE OF FUNDS FOR COMMUNITY CONSULTA-
TIONS.—The Education Council shall use funds made 
available through the grant under subsection (a) to hold 
not less than one community consultation each year on 
each of the islands of Hawaii, Maui, Molokai, Lanai, 
Oahu, and Kauai, at which— 
‘‘(1) not less than three members of the Edu-
cation Council shall be in attendance; 
‘‘(2) the Education Council shall gather com-
munity input regarding— 
‘‘(A) current grantees under this part, as 
of the date of the consultation; 
‘‘(B) priorities and needs of Native Hawai-
ians; and
489 
‘‘(C) other Native Hawaiian education 
issues; and 
‘‘(3) the Education Council shall report to the 
community on the outcomes of the activities sup-
ported by grants awarded under this part. 
‘‘(f) FUNDING.—For each fiscal year, the Secretary 
shall use the amount described in section 5305(d)(2), to 
make a payment under the grant. Funds made available 
through the grant shall remain available until expended. 
‘‘(g) REPORT.—Beginning not later than 2 years 
after the date of the enactment of the Student Success 
Act, and for each subsequent year, 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 Indian Affairs and the Committee on Health, 
Education, Labor, and Pensions of the Senate, a report 
that— 
‘‘(1) summarizes the annual reports of the Edu-
cation Council; 
‘‘(2) describes the allocation and use of funds 
under this part and the information gathered since 
the first annual report submitted by the Education 
Council to the Secretary under this section; and
490 
‘‘(3) contains recommendations for changes in 
Federal, State, and local policy to advance the pur-
poses of this part. 
‘‘SEC. 5304. GRANT PROGRAM AUTHORIZED. 
‘‘(a) GRANTS AND CONTRACTS.—In order to carry 
out programs that meet the purposes of this part, the Sec-
retary is authorized to award grants to, or enter into con-
tracts with— 
‘‘(1) Native Hawaiian educational organiza-
tions; 
‘‘(2) Native Hawaiian community-based organi-
zations; 
‘‘(3) public and private nonprofit organizations, 
agencies, and institutions with experience in devel-
oping or operating Native Hawaiian education and 
workforce development programs or programs of in-
struction in the Native Hawaiian language; 
‘‘(4) charter schools; and 
‘‘(5) consortia of the organizations, agencies, 
and institutions described in paragraphs (1) through 
(4). 
‘‘(b) PRIORITY.—In awarding grants and entering 
into contracts under this part, the Secretary shall give pri-
ority to—
491 
‘‘(1) programs that meet the educational pri-
ority recommendations of the Education Council, as 
described under section 5303(d)(6)(D); 
‘‘(2) the repair and renovation of public schools 
that serve high concentrations of Native Hawaiian 
students; 
‘‘(3) programs designed to improve the aca-
demic achievement of Native Hawaiian students by 
meeting their unique cultural and language needs in 
order to help such students meet challenging State 
student academic achievement standards, including 
activities relating to— 
‘‘(A) achieving competence in reading, lit-
eracy, mathematics, and science for students in 
preschool through grade 3; 
‘‘(B) the educational needs of at-risk chil-
dren and youth; 
‘‘(C) professional development for teachers 
and administrators; 
‘‘(D) the use of Native Hawaiian language 
and preservation or reclamation of Native Ha-
waiian culture-based educational practices; and 
‘‘(E) other programs relating to the activi-
ties described in this part; and
492 
‘‘(4) programs in which a local educational 
agency, institution of higher education, or a State 
educational agency in partnership with a nonprofit 
entity serving underserved communities within the 
Native Hawaiian population apply for a grant or 
contract under this part as part of a partnership or 
consortium. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 
through programs carried out under this part may in-
clude— 
‘‘(1) the development and maintenance of a 
statewide Native Hawaiian early education and care 
system to provide a continuum of high-quality early 
learning services for Native Hawaiian children from 
the prenatal period through the age of kindergarten 
entry; 
‘‘(2) the operation of family-based education 
centers that provide such services as— 
‘‘(A) early care and education programs 
for Native Hawaiians; and 
‘‘(B) research on, and development and as-
sessment of, family-based, early childhood, and 
preschool programs for Native Hawaiians; 
‘‘(3) activities that enhance beginning reading 
and literacy in either the Hawaiian or the English
493 
language among Native Hawaiian students in kin-
dergarten through grade 3 and assistance in ad-
dressing the distinct features of combined English 
and Hawaiian literacy for Hawaiian speakers in 
grades 5 and 6; 
‘‘(4) activities to meet the special needs of Na-
tive Hawaiian students with disabilities, including— 
‘‘(A) the identification of such students 
and their needs; 
‘‘(B) the provision of support services to 
the families of such students; and 
‘‘(C) other activities consistent with the re-
quirements of the Individuals with Disabilities 
Education Act; 
‘‘(5) activities that address the special needs of 
Native Hawaiian students who are gifted and tal-
ented, including— 
‘‘(A) educational, psychological, and devel-
opmental activities designed to assist in the 
educational progress of such students; and 
‘‘(B) activities that involve the parents of 
such students in a manner designed to assist in 
the educational progress of such students; 
‘‘(6) the development of academic and voca-
tional curricula to address the needs of Native Ha-
494 
waiian students, including curricula materials in the 
Hawaiian language and mathematics and science 
curricula that incorporate Native Hawaiian tradition 
and culture; 
‘‘(7) professional development activities for edu-
cators, including— 
‘‘(A) the development of programs to pre-
pare prospective teachers to address the unique 
needs of Native Hawaiian students within the 
context of Native Hawaiian culture, language, 
and traditions; 
‘‘(B) in-service programs to improve the 
ability of teachers who teach in schools with 
high concentrations of Native Hawaiian stu-
dents to meet the unique needs of such stu-
dents; and 
‘‘(C) the recruitment and preparation of 
Native Hawaiians, and other individuals who 
live in communities with a high concentration of 
Native Hawaiians, to become teachers; 
‘‘(8) the operation of community-based learning 
centers that address the needs of Native Hawaiian 
students, 
parents, 
families, 
and 
communities 
through the coordination of public and private pro-
grams and services, including—
495 
‘‘(A) early education programs; 
‘‘(B) before, after, and Summer school 
programs, expanded learning time, or weekend 
academies; 
‘‘(C) career and technical education pro-
grams; and 
‘‘(D) programs that recognize and support 
the unique cultural and educational needs of 
Native Hawaiian children, and incorporate ap-
propriately qualified Native Hawaiian elders 
and seniors; 
‘‘(9) activities, including program co-location, 
that ensure Native Hawaiian students graduate col-
lege and career ready including— 
‘‘(A) family literacy services; 
‘‘(B) counseling, guidance, and support 
services for students; and 
‘‘(C) professional development activities de-
signed to help educators improve the college 
and career readiness of Native Hawaiian stu-
dents; 
‘‘(10) research and data collection activities to 
determine the educational status and needs of Na-
tive Hawaiian children and adults;
496 
‘‘(11) other research and evaluation activities 
related to programs carried out under this part; and 
‘‘(12) other activities, consistent with the pur-
poses of this part, to meet the educational needs of 
Native Hawaiian children and adults. 
‘‘(d) 
ADDITIONAL
ACTIVITIES.—Notwithstanding 
any other provision of this part, funds made available to 
carry out this section as of the day before the date of the 
enactment of the Student Success Act shall remain avail-
able until expended. The Secretary shall use such funds 
to support the following: 
‘‘(1) The repair and renovation of public 
schools that serve high concentrations of Native Ha-
waiian students. 
‘‘(2) The perpetuation of, and expansion of ac-
cess to, Hawaiian culture and history through digital 
archives. 
‘‘(3) Informal education programs that connect 
traditional Hawaiian knowledge, science, astronomy, 
and the environment through State museums or 
learning centers. 
‘‘(4) Public charter schools serving high con-
centrations of Native Hawaiian students. 
‘‘(e) ADMINISTRATIVE COSTS.—
497 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of funds pro-
vided to a recipient of a grant or contract under this 
section for any fiscal year may be used for adminis-
trative purposes. 
‘‘(2) EXCEPTION.—The Secretary may waive 
the requirement of paragraph (1) for a nonprofit en-
tity that receives funding under this section and 
allow not more than 10 percent of funds provided to 
such nonprofit entity under this section for any fis-
cal year to be used for administrative purposes. 
‘‘SEC. 5305. ADMINISTRATIVE PROVISIONS. 
‘‘(a) APPLICATION REQUIRED.—No grant may be 
made under this part, and no contract may be entered into 
under this part, unless the entity seeking the grant or con-
tract submits an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the 
provisions of this part. 
‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 
shall provide a copy of all direct grant applications to the 
Education Council. 
‘‘(c) SUPPLEMENT NOT SUPPLANT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds made available under this part
498 
shall be used to supplement, and not supplant, any 
State or local funds used to achieve the purposes of 
this part. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to any nonprofit entity or Native Hawaiian 
community-based organization that receives a grant 
or other funds under this part. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this part $34,181,000 for 
each of fiscal years 2016 through 2019. 
‘‘(2) RESERVATION.—Of the funds appro-
priated under this subsection, the Secretary shall re-
serve, for each fiscal year after the date of the en-
actment of the Student Success Act not less than 
$500,000 for the grant to the Education Council 
under section 5303. 
‘‘(3) 
AVAILABILITY.—Funds 
appropriated 
under this subsection shall remain available until ex-
pended.’’. 
TITLE VI—GENERAL 
PROVISIONS FOR THE ACT 
SEC. 601. GENERAL PROVISIONS FOR THE ACT. 
(a) AMENDING TITLE VI.—Title VI (20 U.S.C. 7301 
et seq.) is amended to read as follows:
499 
‘‘TITLE VI—GENERAL 
PROVISIONS 
‘‘PART A—DEFINITIONS 
‘‘SEC. 6101. DEFINITIONS. 
‘‘Except as otherwise provided, in this Act: 
‘‘(1) AVERAGE DAILY ATTENDANCE.— 
‘‘(A) IN
GENERAL.—Except as provided 
otherwise by State law or this paragraph, the 
term ‘average daily attendance’ means— 
‘‘(i) the aggregate number of days of 
attendance of all students during a school 
year; divided by 
‘‘(ii) the number of days school is in 
session during that year. 
‘‘(B) CONVERSION.—The Secretary shall 
permit the conversion of average daily member-
ship (or other similar data) to average daily at-
tendance for local educational agencies in 
States that provide State aid to local edu-
cational agencies on the basis of average daily 
membership (or other similar data). 
‘‘(C) SPECIAL
RULE.—If the local edu-
cational agency in which a child resides makes 
a tuition or other payment for the free public 
education of the child in a school located in an-
500 
other school district, the Secretary shall, for the 
purpose of this Act— 
‘‘(i) consider the child to be in attend-
ance at a school of the agency making the 
payment; and 
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing the payment. 
‘‘(D) CHILDREN WITH DISABILITIES.—If a 
local educational agency makes a tuition pay-
ment to a private school or to a public school 
of another local educational agency for a child 
with a disability, as defined in section 602 of 
the Individuals with Disabilities Education Act, 
the Secretary shall, for the purpose of this Act, 
consider the child to be in attendance at a 
school of the agency making the payment. 
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
‘‘(A) without regard to the source of 
funds— 
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
ceding the fiscal year for which the deter-
501 
mination is made (or, if satisfactory data 
for that year are not available, during the 
most recent preceding fiscal year for which 
satisfactory data are available) of all local 
educational agencies in the State or, in the 
case of the United States, for all States 
(which, for the purpose of this paragraph, 
means the 50 States and the District of 
Columbia); plus 
‘‘(ii) any direct current expenditures 
by the State for the operation of those 
agencies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agen-
cies provided free public education during that 
preceding year. 
‘‘(3) CHARTER
SCHOOL.—The term ‘charter 
school’ means a public school that— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempt from significant State or 
local rules that inhibit the flexible operation 
and management of public schools, but not 
from any rules relating to the other require-
ments of this paragraph;
502 
‘‘(B) is created by a developer as a public 
school, or is adapted by a developer from an ex-
isting public school, and is operated under pub-
lic supervision and direction; 
‘‘(C) operates in pursuit of a specific set of 
educational 
objectives 
determined 
by 
the 
school’s developer and agreed to by the author-
ized public chartering agency; 
‘‘(D) provides a program of elementary or 
secondary education, or both; 
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all 
other operations, and is not affiliated with a 
sectarian school or religious institution; 
‘‘(F) does not charge tuition; 
‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, part B of the Individuals with Disabil-
ities Education Act, the Americans with Dis-
abilities Act of 1990 (42 U.S.C. 12101 et seq.), 
and section 444 of the General Education Pro-
visions Act (20 U.S.C. 1232(g)) (commonly
503 
known as the ‘Family Education Rights and 
Privacy Act of 1974’); 
‘‘(H) is a school to which parents choose to 
send their children, and admits students on the 
basis of a lottery if more students apply for ad-
mission than can be accommodated, except that 
in cases in which students who are enrolled in 
a charter school affiliated (such as by sharing 
a network) with another charter school, those 
students may be automatically enrolled in the 
next grade level at such other charter school, so 
long as a lottery is used to fill seats created 
through regular attrition in student enrollment; 
‘‘(I) agrees to comply with the same Fed-
eral and State audit requirements as do other 
elementary schools and secondary schools in the 
State, unless such State audit requirements are 
waived by the State; 
‘‘(J) meets all applicable Federal, State, 
and local health and safety requirements; 
‘‘(K) operates in accordance with State 
law; 
‘‘(L) has a written performance contract 
with the authorized public chartering agency in 
the State that includes a description of how
504 
student performance will be measured in char-
ter schools pursuant to State assessments that 
are required of other schools and pursuant to 
any other assessments mutually agreeable to 
the authorized public chartering agency and the 
charter school; and 
‘‘(M) may serve prekindergarten or post-
secondary students. 
‘‘(4) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education. 
‘‘(5) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the same meaning given 
that term in section 602 of the Individuals with Dis-
abilities Education Act. 
‘‘(6) COMMUNITY-BASED ORGANIZATION.—The 
term ‘community-based organization’ means a public 
or private nonprofit organization of demonstrated ef-
fectiveness that— 
‘‘(A) is representative of a community or 
significant segments of a community; and 
‘‘(B) provides educational or related serv-
ices to individuals in the community. 
‘‘(7) CONSOLIDATED
LOCAL
APPLICATION.— 
The term ‘consolidated local application’ means an
505 
application submitted by a local educational agency 
pursuant to section 6305. 
‘‘(8) CONSOLIDATED LOCAL PLAN.—The term 
‘consolidated local plan’ means a plan submitted by 
a local educational agency pursuant to section 6305. 
‘‘(9) CONSOLIDATED
STATE
APPLICATION.— 
The term ‘consolidated State application’ means an 
application submitted by a State educational agency 
pursuant to section 6302. 
‘‘(10) CONSOLIDATED STATE PLAN.—The term 
‘consolidated State plan’ means a plan submitted by 
a State educational agency pursuant to section 
6302. 
‘‘(11) COUNTY.—The term ‘county’ means one 
of the divisions of a State used by the Secretary of 
Commerce in compiling and reporting data regard-
ing counties. 
‘‘(12) COVERED PROGRAM.—The term ‘covered 
program’ means each of the programs authorized 
by— 
‘‘(A) part A of title I; 
‘‘(B) title II; and 
‘‘(C) part B of title III.
506 
‘‘(13) CURRENT
EXPENDITURES.—The term 
‘current expenditures’ means expenditures for free 
public education— 
‘‘(A) including expenditures for adminis-
tration, instruction, attendance and health serv-
ices, pupil transportation services, operation 
and maintenance of plant, fixed charges, and 
net expenditures to cover deficits for food serv-
ices and student body activities; but 
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I. 
‘‘(14) DEPARTMENT.—The term ‘Department’ 
means the Department of Education. 
‘‘(15) DIRECT STUDENT SERVICES.—The term 
‘direct student services’ means public school choice 
or high-quality academic tutoring that are designed 
to help increase academic achievement for students. 
‘‘(16) DISTANCE EDUCATION.—The term ‘dis-
tance education’ means the use of one or more tech-
nologies to deliver instruction to students who are 
separated from the instructor and to support regular 
and substantive interaction between the students
507 
and 
the 
instructor 
synchronously 
or 
nonsyn-
chronously. 
‘‘(17) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies. 
‘‘(18) ELEMENTARY SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day 
or residential school, including a public elementary 
charter school, that provides elementary education, 
as determined under State law. 
‘‘(19) ENGLISH LEARNER.—The term ‘English 
learner’, when used with respect to an individual, 
means an individual— 
‘‘(A) who is aged 3 through 21; 
‘‘(B) who is enrolled or preparing to enroll 
in an elementary school or secondary school; 
‘‘(C)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
‘‘(ii)(I) who is a Native American or Alas-
ka Native, or a native resident of the outlying 
areas; and
508 
‘‘(II) who comes from an environment 
where a language other than English has had 
a significant impact on the individual’s level of 
English language proficiency; or 
‘‘(iii) who is migratory, whose native lan-
guage is a language other than English, and 
who comes from an environment where a lan-
guage other than English is dominant; and 
‘‘(D) whose difficulties in speaking, read-
ing, writing, or understanding the English lan-
guage may be sufficient to deny the indi-
vidual— 
‘‘(i) the ability to meet the State’s 
academic standards described in section 
1111; 
‘‘(ii) the ability to successfully achieve 
in classrooms where the language of in-
struction is English; or 
‘‘(iii) the opportunity to participate 
fully in society. 
‘‘(20) EXTENDED-YEAR
ADJUSTED
COHORT 
GRADUATION RATE.— 
‘‘(A) IN GENERAL.—The term ‘extended- 
year adjusted cohort graduation rate’ means the 
ratio where—
509 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student mem-
bership data submitted annually by State 
educational agencies to the National Cen-
ter for Education Statistics under section 
153 of the Education Sciences Reform Act, 
adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of—
510 
‘‘(I) one or more additional years 
beyond the fourth year of high school; 
or 
‘‘(II) a summer session imme-
diately following the additional year of 
high school. 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma.
511 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the denominator of the ex-
tended-year adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the extended-year adjusted 
cohort.
512 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(21) FAMILY LITERACY SERVICES.—The term 
‘family literacy services’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient 
duration, to make sustainable changes in a family, 
and that integrate all of the following activities: 
‘‘(A) Interactive literacy activities between 
parents and their children. 
‘‘(B) Training for parents regarding how 
to be the primary teacher for their children and 
full partners in the education of their children. 
‘‘(C) Parent literacy training that leads to 
economic self-sufficiency. 
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences.
513 
‘‘(22) FOUR-YEAR ADJUSTED COHORT GRADUA-
TION RATE.— 
‘‘(A) IN GENERAL.—The term ‘four-year 
adjusted cohort graduation rate’ means the 
ratio where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student mem-
bership data submitted annually by State 
educational agencies to the National Cen-
ter for Education Statistics pursuant to 
section 153 of the Education Sciences Re-
form Act, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and
514 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) the fourth year of high 
school; or 
‘‘(II) a summer session imme-
diately following the fourth year of 
high school. 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or
515 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma
516 
shall not be considered transferred out and 
shall remain in the adjusted cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(23) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is pro-
vided— 
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge; 
and 
‘‘(B) as elementary school or secondary 
school education as determined under applicable 
State law, except that the term does not include 
any education provided beyond grade 12. 
‘‘(24) GIFTED
AND
TALENTED.—The term 
‘gifted and talented’, when used with respect to stu-
dents, children, or youth, means students, children, 
or youth who give evidence of high achievement ca-
517 
pability in areas such as intellectual, creative, artis-
tic, or leadership capacity, or in specific academic 
fields, and who need services or activities not ordi-
narily provided by the school in order to fully de-
velop those capabilities. 
‘‘(25) HIGH-QUALITY
ACADEMIC
TUTORING.— 
The term ‘high-quality academic tutoring’ means 
supplemental academic services that— 
‘‘(A) are in addition to instruction pro-
vided during the school day; 
‘‘(B) are provided by a non-governmental 
entity or local educational agency that— 
‘‘(i) is included on a State educational 
agency approved provider list after dem-
onstrating to the State educational agency 
that its program consistently improves the 
academic achievement of students; and 
‘‘(ii) agrees to provide parents of chil-
dren receiving high-quality academic tutor-
ing, the appropriate local educational agen-
cy, and school with information on partici-
pating students increases in academic 
achievement, in a format, and to the extent 
practicable, a language that such parent 
can understand, and in a manner that pro-
518 
tects the privacy of individuals consistent 
with section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g); 
‘‘(C) are selected by the parents of stu-
dents who are identified by the local educational 
agency as being eligible for such services from 
among providers on the approved provider list 
described in subparagraph (B)(i); 
‘‘(D) meet all applicable Federal, State, 
and local health, safety, and civil rights laws; 
and 
‘‘(E) ensure that all instruction and con-
tent are secular, neutral, and non-ideological. 
‘‘(26) HIGH SCHOOL.—The term ‘high school’ 
means a secondary school that— 
‘‘(A) grants a diploma, as defined by the 
State; and 
‘‘(B) includes, at least, grade 12. 
‘‘(27) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965. 
‘‘(28) LOCAL EDUCATIONAL AGENCY.— 
‘‘(A) IN GENERAL.—The term ‘local edu-
cational agency’ means a public board of edu-
519 
cation or other public authority legally con-
stituted within a State for either administrative 
control or direction of, or to perform a service 
function for, public elementary schools or sec-
ondary schools in a city, county, township, 
school district, or other political subdivision of 
a State, or of or for a combination of school 
districts or counties that is recognized in a 
State as an administrative agency for its public 
elementary schools or secondary schools. 
‘‘(B) ADMINISTRATIVE CONTROL AND DI-
RECTION.—The term includes any other public 
institution or agency having administrative con-
trol and direction of a public elementary school 
or secondary school. 
‘‘(C) BIE SCHOOLS.—The term includes 
an elementary school or secondary school fund-
ed by the Bureau of Indian Education but only 
to the extent that including the school makes 
the school eligible for programs for which spe-
cific eligibility is not provided to the school in 
another provision of law and the school does not 
have a student population that is smaller than 
the student population of the local educational 
agency receiving assistance under this Act with
520 
the smallest student population, except that the 
school shall not be subject to the jurisdiction of 
any State educational agency other than the 
Bureau of Indian Education. 
‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 
The term includes educational service agencies 
and consortia of those agencies. 
‘‘(E) STATE EDUCATIONAL AGENCY.—The 
term includes the State educational agency in a 
State in which the State educational agency is 
the sole educational agency for all public 
schools. 
‘‘(29) NATIVE AMERICAN AND NATIVE AMER-
ICAN LANGUAGE.—The terms ‘Native American’ and 
‘Native American language’ have the same meaning 
given those terms in section 103 of the Native 
American Languages Act of 1990. 
‘‘(30) OTHER STAFF.—The term ‘other staff’ 
means specialized instructional support personnel, li-
brarians, career guidance and counseling personnel, 
education aides, and other instructional and admin-
istrative personnel. 
‘‘(31) OUTLYING
AREA.—The term ‘outlying 
area’—
521 
‘‘(A) means American Samoa, the Com-
monwealth of the Northern Mariana Islands, 
Guam, and the United States Virgin Islands; 
‘‘(B) means the Republic of Palau, to the 
extent permitted under section 105(f)(1)(B)(ix) 
of the Compact of Free Association Amend-
ments Act of 2003 (Public Law 99–658; 117 
Stat. 2751) and until an agreement for the ex-
tension of United States education assistance 
under the Compact of Free Association becomes 
effective for the Republic of Palau; and 
‘‘(C) for the purpose of any discretionary 
grant program under this Act, includes the Re-
public of the Marshall Islands and the Fed-
erated States of Micronesia, to the extent per-
mitted under section 105(f)(1)(B)(viii) of the 
Compact of Free Association Amendments Act 
of 2003 (Public Law 108–188; 117 Stat. 
2751). 
‘‘(32) PARENT.—The term ‘parent’ includes a 
legal guardian or other person standing in loco 
parentis (such as a grandparent, stepparent, or fos-
ter parent with whom the child lives, or a person 
who is legally responsible for the child’s welfare).
522 
‘‘(33) PARENTAL
INVOLVEMENT.—The term 
‘parental involvement’ means the participation of 
parents in regular, two-way, and meaningful commu-
nication involving student academic learning and 
other school activities, including ensuring— 
‘‘(A) that parents play an integral role in 
assisting in their child’s learning; 
‘‘(B) that parents are encouraged to be ac-
tively involved in their child’s education at 
school; 
‘‘(C) that parents are full partners in their 
child’s education and are included, as appro-
priate, in decisionmaking and on advisory com-
mittees to assist in the education of their child; 
and 
‘‘(D) the carrying out of other activities, 
such as those described in section 1118. 
‘‘(34) PAY
FOR
SUCCESS
INITIATIVES.—The 
term ‘pay for success initiatives’ means initiatives— 
‘‘(A) that produce a measurable, clearly 
defined outcome that results in social benefit 
and direct cost savings to the local, State, or 
Federal Government;
523 
‘‘(B) except as provided in subparagraph 
(D)(i), that make payments only when agreed- 
upon outcomes are achieved; 
‘‘(C) for which a feasibility study is con-
ducted on the initiative describing how the pro-
posed intervention is based on strong or mod-
erate evidence of effectiveness and how the ini-
tiative will meet the requirements of subpara-
graph (A); and 
‘‘(D) for which— 
‘‘(i) an evaluation, which may be paid 
for out of funding for the pay for success 
initiative without respect to a successful 
outcome, is included that uses experi-
mental designs using random assignment 
or other research methodologies that allow 
for the strongest possible causal inferences 
when random assignment is not feasible by 
an independent evaluator to determine 
whether the initiative has met the out-
comes described in subparagraph (A); and 
‘‘(ii) the State or local educational 
agency produces an annual, publicly avail-
able report on the progress of the initiative
524 
in meeting the requirements of subpara-
graph (A), as appropriate. 
‘‘(35) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined by the Office of 
Management and Budget and revised annually in ac-
cordance with section 673(2) of the Community 
Services Block Grant Act) applicable to a family of 
the size involved. 
‘‘(36) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘professional development’— 
‘‘(A) includes evidence-based, job-embed-
ded, continuous activities that— 
‘‘(i) improve and increase teachers’ 
knowledge of the academic subjects the 
teachers teach, and enable teachers to be-
come effective educators; 
‘‘(ii) are an integral part of broad 
schoolwide and districtwide educational im-
provement plans; 
‘‘(iii) give teachers, school leaders, 
other staff, and administrators the knowl-
edge and skills to provide students with 
the opportunity to meet State academic 
standards;
525 
‘‘(iv) improve classroom management 
skills; 
‘‘(v)(I) have a positive and lasting im-
pact on classroom instruction and the 
teacher’s performance in the classroom; 
and 
‘‘(II) are not 1-day or short-term 
workshops or conferences; 
‘‘(vi) support the recruiting, hiring, 
and training of effective teachers, including 
teachers who became certified or licensed 
through State and local alternative routes 
to certification; 
‘‘(vii) advance teacher understanding 
of effective instructional strategies that are 
strategies for improving student academic 
achievement or substantially increasing the 
knowledge and teaching skills of teachers, 
including through addressing the social 
and emotional development needs of stu-
dents; 
‘‘(viii) are aligned with and directly 
related to— 
‘‘(I) State academic standards 
and assessments; and
526 
‘‘(II) the curricula and programs 
tied to the standards described in sub-
clause (I); 
‘‘(ix) are developed with extensive par-
ticipation of teachers, school leaders, par-
ents, and administrators of schools to be 
served under this Act; 
‘‘(x) are designed to give teachers of 
English learners and other teachers and 
instructional staff, the knowledge and 
skills to provide instruction and appro-
priate language and academic support 
services to those children, including the ap-
propriate use of curricula and assessments; 
‘‘(xi) to the extent appropriate, pro-
vide training for teachers, other staff, and 
school leaders in the use of technology (in-
cluding education about the harms of copy-
right piracy), so that technology and tech-
nology applications are effectively used to 
improve teaching and learning in the cur-
ricula and core academic subjects in which 
the students receive instruction; 
‘‘(xii) as a whole, are regularly evalu-
ated for their impact on increased teacher
527 
effectiveness and improved student aca-
demic achievement, with the findings of 
the evaluations used to improve the quality 
of the professional development; 
‘‘(xiii) provide instruction in methods 
of teaching children with special needs; 
‘‘(xiv) include instruction in the use of 
data and assessments to inform and in-
struct classroom practice; and 
‘‘(xv) include instruction in ways that 
teachers, school leaders, specialized in-
structional support personnel, other staff, 
and school administrators may work more 
effectively with parents; and 
‘‘(B) may include evidence-based, job-em-
bedded, continuous activities that— 
‘‘(i) involve the forming of partner-
ships with institutions of higher education 
to establish school-based teacher training 
programs that provide prospective teachers 
and new teachers with an opportunity to 
work under the guidance of experienced 
teachers and college faculty; 
‘‘(ii) create programs to enable para-
professionals (assisting teachers employed
528 
by a local educational agency receiving as-
sistance under subpart 1 of part A of title 
I) to obtain the education necessary for 
those paraprofessionals to become certified 
and licensed teachers; and 
‘‘(iii) provide follow-up training to in-
dividuals who have participated in activi-
ties described in subparagraph (A) or an-
other clause of this subparagraph that are 
designed to ensure that the knowledge and 
skills learned by the teachers are imple-
mented in the classroom. 
‘‘(37) REGULAR HIGH SCHOOL DIPLOMA.— 
‘‘(A) IN
GENERAL.—The term ‘regular 
high school diploma’ means the standard high 
school diploma awarded to the preponderance of 
students in the State that is fully aligned with 
State standards, or a higher diploma. Such 
term shall not include a GED or other recog-
nized equivalent of a diploma, a certificate of 
attendance, or any lesser diploma award. 
‘‘(B) EXCEPTION
FOR
STUDENTS
WITH 
SIGNIFICANT COGNITIVE DISABILITIES.—For a 
student who is assessed using an alternate as-
sessment aligned to alternate academic stand-
529 
ards under section 1111(b)(1)(D), receipt of a 
regular high school diploma as defined under 
subparagraph (A) or a State-defined alternate 
diploma obtained within the time period for 
which the State ensures the availability of a 
free appropriate public education and in accord-
ance with section 612(a)(1) of the Individuals 
with Disabilities Education Act shall be counted 
as graduating with a regular high school di-
ploma for the purposes of this Act. 
‘‘(38) SCHOOL
LEADER.—The term ‘school 
leader’ means a principal, assistant principal, or 
other individual who is— 
‘‘(A) an employee or officer of a school, 
local educational agency, or other entity oper-
ating the school; and 
‘‘(B) responsible for— 
‘‘(i) the daily instructional leadership 
and managerial operations in the school 
building; and 
‘‘(ii) creating the optimum conditions 
for student learning. 
‘‘(39) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school, including a public secondary char-
530 
ter school, that provides secondary education, as de-
termined under State law, except that the term does 
not include any education beyond grade 12. 
‘‘(40) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
‘‘(41) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES.— 
‘‘(A) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT PERSONNEL.—The term ‘specialized in-
structional support personnel’ means school 
counselors, school social workers, school psy-
chologists, and other qualified professional per-
sonnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and 
other necessary services (including related serv-
ices as that term is defined in section 602 of 
the Individuals with Disabilities Education Act) 
as part of a comprehensive program to meet 
student needs. 
‘‘(B) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT SERVICES.—The term ‘specialized instruc-
tional support services’ means the services pro-
vided by specialized instructional support per-
sonnel.