564 
House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Sen-
ate. 
‘‘Subpart 4—Restoration of State Sovereignty Over 
Public Education and Parental Rights Over the 
Education of Their Children 
‘‘SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES 
THEY DO NOT EXPRESSLY WAIVE. 
‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.—No 
officer, employee, or other authority of the Secretary shall 
enforce against an authority of a State, nor shall any au-
thority of a State have any obligation to obey, any require-
ment imposed as a condition of receiving assistance under 
a grant program established under this Act, nor shall such 
program operate within a State, unless the legislature of 
that State shall have by law expressly approved that pro-
gram and, in doing so, have waived the State’s rights and 
authorities to act inconsistently with any requirement that 
might be imposed by the Secretary as a condition of receiv-
ing that assistance. 
‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FEDERAL 
FINANCIAL ASSISTANCE.—An officer, employee, or other au-
thority of the Secretary may release assistance under a 
grant program established under this Act to a State only 
after the legislature of the State has by law expressly ap-
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proved the program (as described in subsection (a)). This 
approval may be accomplished by a vote to affirm a State 
budget that includes the use of such Federal funds and any 
such State budget must expressly include any requirement 
imposed as a condition of receiving assistance under a 
grant program established under this Act so that by approv-
ing the budget, the State legislature is expressly approving 
the grant program and, in doing so, waiving the State’s 
rights and authorities to act inconsistently with any re-
quirement that might be imposed by the Secretary as a con-
dition of receiving that assistance. 
‘‘(c) SPECIAL RULE
FOR STATES WITH BIENNIAL 
LEGISLATURES.—In the case of a State with a biennial leg-
islature— 
‘‘(1) during a year in which the State legislature 
does not meet, subsections (a) and (b) shall not apply; 
and 
‘‘(2) during a year in which the State legislature 
meets, subsections (a) and (b) shall apply, and, with 
respect to any grant program established under this 
Act during the most recent year in which the State 
legislature did not meet, the State may by law ex-
pressly disapprove the grant program, and, if such 
disapproval occurs, an officer, employee, or other au-
thority of the Secretary may not release any addi-
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tional assistance to the State under that grant pro-
gram. 
‘‘(d) DEFINITION OF STATE AUTHORITY.—As used in 
this section, the term ‘authority of a State’ includes any 
administering agency of the State, any officer or employee 
of the State, and any local government authority of the 
State. 
‘‘(e) EFFECTIVE DATE.—This section applies in each 
State beginning on the 90th day after the end of the first 
regular session of the legislature of that State that begins 
5 years after the date of the enactment of the Student Suc-
cess Act and shall continue to apply in subsequent years 
until otherwise provided by law. 
‘‘SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUC-
TION. 
‘‘Notwithstanding any formula reallocations stipu-
lated under the Student Success Act, any funds under such 
Act not allocated to a State because a State did not affirma-
tively agree to the receipt of such funds shall not be reallo-
cated among the States. 
‘‘SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGISLA-
TURE. 
‘‘In this Act, the term ‘State with a biennial legisla-
ture’ means a State the legislature of which meets every 
other year. 
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567 
‘‘SEC. 6564. INTENT OF CONGRESS. 
‘‘It is the intent of Congress that other than the terms 
and conditions expressly approved by State law under the 
terms of this subpart, control over public education and pa-
rental rights to control the education of their children are 
vested exclusively within the autonomous zone of inde-
pendent authority reserved to the States and individual 
Americans by the United States Constitution, other than 
the Federal Government’s undiminishable obligation to en-
force minimum Federal standards of equal protection and 
due process. 
‘‘PART F—EVALUATIONS 
‘‘SEC. 6601. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided in 
subsections (c) and (d), the Secretary may reserve not more 
than 0.5 percent of the amount appropriated to carry out 
each categorical program authorized under this Act. The re-
served amounts shall be used by the Secretary, acting 
through the Director of the Institute of Education 
Sciences— 
‘‘(1) to conduct— 
‘‘(A) comprehensive evaluations of the pro-
gram or project; 
‘‘(B) studies of the effectiveness of the pro-
gram or project and its administrative impact 
on schools and local educational agencies; and 
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‘‘(C) the wide dissemination of evaluation 
findings under this section with respect to pro-
grams authorized under this Act— 
‘‘(i) in a timely fashion; 
‘‘(ii) in forms that are understandable, 
easily accessible, and usable or adaptable 
for use in the improvement of educational 
practice; 
‘‘(iii) through electronic transfer, and 
other means, such as posting, as available, 
to the websites of State educational agencies, 
local educational agencies, the Institute of 
Education Sciences, the Department, and 
other relevant places; and 
‘‘(iv) in a manner that promotes the 
utilization of such findings. 
‘‘(2) to evaluate the aggregate short- and long- 
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary, and secondary 
programs under any other Federal law; and 
‘‘(3) to increase the usefulness of evaluations of 
grant recipients in order to ensure the continuous 
progress of the program or project by improving the 
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569 
quality, timeliness, efficiency, and use of information 
relating to performance under the program or project. 
‘‘(b) REQUIRED PLAN.—The Secretary, acting through 
the Director of the Institute of Education Sciences, may use 
the reserved amount under subsection (a) only after comple-
tion of a comprehensive, multi-year plan— 
‘‘(1) for the periodic evaluation of each of the 
major categorical programs authorized under this Act, 
and as resources permit, the smaller categorical pro-
grams authorized under this Act; 
‘‘(2) that shall be developed and implemented 
with the involvement of other officials at the Depart-
ment, as appropriate; and 
‘‘(3) that shall not be finalized until— 
‘‘(A) the publication of a notice in the Fed-
eral Register seeking public comment on such 
plan and after review by the Secretary of such 
comments; and 
‘‘(B) the plan is submitted for comment to 
the Committee on Education and the Workforce 
of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and after review by the Sec-
retary of such comments. 
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570 
‘‘(c) TITLE I EXCLUDED.—The Secretary may not re-
serve under subsection (a) funds appropriated to carry out 
any program authorized under title I. 
‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other 
than title I), funds are authorized to be reserved or used 
for evaluation activities with respect to a program or 
project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or 
project.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) TITLE IX.— 
(A) SUBPART 1 OF PART E OF TITLE VI.— 
(i) TRANSFER AND REDESIGNATION.— 
Sections 9504 through 9506 (20 U.S.C. 
7884, 7885, and 7886) are— 
(I) transferred to title VI, as 
amended by subsection (a) of this sec-
tion; 
(II) inserted after section 6503 of 
such title; and 
(III) redesignated as sections 6504 
through 6506, respectively. 
(ii) AMENDMENTS.—Section 6504 (as 
so redesignated) is amended— 
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571 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 6502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
6501’’; and 
(III) in subsection (d), by striking 
‘‘No Child Left Behind Act of 2001’’ 
and inserting ‘‘Student Success Act’’. 
(B) SUBPART 2 OF PART E OF TITLE VI.— 
(i) TRANSFER AND REDESIGNATION.— 
Sections 9531, 9533, and 9534 (20 U.S.C. 
7911, 7913, and 7914) are— 
(I) transferred to title VI, as 
amended by subparagraph (A) of this 
paragraph; 
(II) inserted after section 6525 of 
such title; and 
(III) redesignated as sections 6526 
through 6528, respectively. 
(ii) AMENDMENTS.—Section 6528 (as 
so redesignated) is amended— 
(I) by striking ‘‘(a) IN
GEN-
ERAL.—Nothing’’ and inserting ‘‘Noth-
ing’’; and 
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572 
(II) by striking subsection (b). 
(C) SUBPART 3 OF PART E OF TITLE VI.— 
Sections 9523, 9524, and 9525 (20 U.S.C. 7903, 
7904, and 7905) are— 
(i) transferred to title VI, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 6544 of such 
title; and 
(iii) redesignated as sections 6545 
through 6547, respectively. 
(2) TITLE
IV.—Sections 4141 and 4155 (20 
U.S.C. 7151 and 7161) are— 
(A) transferred to title VI, as amended by 
this Act; 
(B) inserted after section 6551; and 
(C) redesignated as sections 6552 and 6553, 
respectively. 
SEC. 602. REPEAL. 
Title IX (20 U.S.C. 7801 et seq.), as amended by sec-
tion 601(b)(1) of this title, is repealed. 
SEC. 603. OTHER LAWS. 
Beginning on the date of the enactment of this Act, 
any reference in law to the term ‘‘highly qualified’’ as de-
fined in section 9101 of the Elementary and Secondary 
Education Act of 1965 shall be treated as a reference to 
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573 
such term under section 9101 of the Elementary and Sec-
ondary Education Act of 1965 as in effect on the day before 
the date of the enactment of this Act. 
SEC. 604. AMENDMENT TO IDEA. 
Section 602 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401) is amended by striking para-
graph (10). 
TITLE VII—HOMELESS 
EDUCATION 
SEC. 701. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regulations, 
practices, or policies may act as a barrier to the iden-
tification, enrollment, attendance, or success in school 
of homeless children and youths, the State and local 
educational agencies will review and undertake steps 
to revise such laws, regulations, practices, or policies 
to ensure that homeless children and youths are af-
forded the same free, appropriate public education as 
is provided to other children and youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
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574 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant funds 
from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
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575 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) that 
enable such children and youths to enroll in, attend, 
and succeed in school, or, if appropriate, in preschool 
programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in this 
subtitle’’; and 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
‘‘(B) to heighten their awareness of, and ca-
pacity to respond to, specific needs in the edu-
cation of homeless children and youths.’’; 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sums’’ and inserting 
‘‘grant funds’’; and 
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576 
(ii) by inserting ‘‘a State under sub-
section (a) to’’ after ‘‘each year to’’; 
(B) in paragraph (2), by striking ‘‘funds 
made available for State use under this subtitle’’ 
and inserting ‘‘the grant funds remaining after 
the State educational agency distributes sub-
grants under paragraph (1)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; and 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’; 
(bb) by striking ‘‘and’’ at the 
end of subclause (II); 
(cc) by striking the period at 
the end of subclause (III) and in-
serting ‘‘; and’’; and 
(dd) by adding at the end the 
following: 
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577 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and 
(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as follows: 
‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.— 
The Coordinator for Education of Homeless Children and 
Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on— 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining ac-
cess to public preschool programs and to public 
elementary schools and secondary schools; 
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carry out the duties described in paragraph 
(6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
provided, at the request of the parent or 
guardian (or in the case of an unaccom-
panied youth, the liaison), to and from the 
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable: 
‘‘(I) If the child or youth con-
tinues to live in the area served by the 
local educational agency in which the 
school of origin is located, the child’s or 
youth’s transportation to and from the 
school of origin shall be provided or ar-
ranged by the local educational agency 
in which the school of origin is located. 
‘‘(II) If the child’s or youth’s liv-
ing arrangements in the area served by 
the local educational agency of origin 
terminate and the child or youth, 
though continuing his or her education 
in the school of origin, begins living in 
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585 
an area served by another local edu-
cational agency, the local educational 
agency of origin and the local edu-
cational agency in which the child or 
youth is living shall agree upon a 
method to apportion the responsibility 
and costs for providing the child with 
transportation to and from the school 
of origin. If the local educational agen-
cies are unable to agree upon such 
method, the responsibility and costs for 
transportation shall be shared equally. 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Each plan adopted 
under this subsection shall also describe how the 
State will ensure that local educational agencies 
in the State will comply with the requirements 
of paragraphs (3) through (7). 
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will 
furnish to local educational agencies and how 
compliance efforts will be coordinated with the 
local educational agency liaisons designated 
under paragraph (1)(J)(ii). 
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604 
(ii) by striking ‘‘and challenging State 
student academic achievement standards’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘students with limited 
English 
proficiency,’’ 
and 
inserting 
‘‘English learners,’’; and 
(ii) by striking ‘‘vocational’’ and in-
serting ‘‘career’’; 
(C) in paragraph (3), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized instructional 
support’’; 
(D) in paragraph (7), by striking ‘‘, and 
unaccompanied youths,’’ and inserting ‘‘, par-
ticularly homeless children and youths who are 
not enrolled in school,’’; 
(E) in paragraph (9) by striking ‘‘medical’’ 
and inserting ‘‘other required health’’; 
(F) in paragraph (10), by inserting before 
the period at the end ‘‘, and other activities de-
signed to increase the meaningful involvement of 
parents or guardians of homeless children or 
youths in the education of their children’’; 
(G) in paragraph (12), by striking ‘‘pupil’’ 
and inserting ‘‘specialized instructional sup-
port’’; and 
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