HR 5 RFS 
ment standards aligned with such content 
standards that comply with the requirements of 
this paragraph. 
‘‘(B) SUBJECTS.—The State shall have 
such academic standards for mathematics, read-
ing or language arts, and science, and may have 
such standards for any other subject deter-
mined by the State. 
‘‘(C) REQUIREMENTS.—The standards de-
scribed in subparagraph (A) shall— 
‘‘(i) apply to all public schools and 
public school students in the State; and 
‘‘(ii) with respect to academic achieve-
ment standards, include the same knowl-
edge, skills, and levels of achievement ex-
pected of all public school students in the 
State. 
‘‘(D) ALTERNATE
ACADEMIC
ACHIEVE-
MENT STANDARDS.—Notwithstanding any other 
provision of this paragraph, a State may, 
through a documented and validated standards- 
setting 
process, 
adopt 
alternate 
academic 
achievement standards for students with the 
most significant cognitive disabilities, if— 
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‘‘(i) the determination about whether 
the achievement of an individual student 
should be measured against such standards 
is made separately for each student; and 
‘‘(ii) such standards— 
‘‘(I) are aligned with the State 
academic standards required under 
subparagraph (A); 
‘‘(II) promote access to the gen-
eral curriculum; and 
‘‘(III) reflect professional judg-
ment as to the highest possible stand-
ards achievable by such students. 
‘‘(E) ENGLISH
LANGUAGE
PROFICIENCY 
STANDARDS.—Each State plan shall describe 
how the State educational agency will establish 
English language proficiency standards that 
are— 
‘‘(i) derived from the four recognized 
domains of speaking, listening, reading, 
and writing; and 
‘‘(ii) aligned with the State’s academic 
content standards in reading or language 
arts under subparagraph (A). 
‘‘(2) ACADEMIC ASSESSMENTS.— 
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‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State educational agency, 
in consultation with local educational agencies, 
has implemented a set of high-quality student 
academic assessments in mathematics, reading 
or language arts, and science. At the State’s 
discretion, the State plan may also demonstrate 
that the State has implemented such assess-
ments in any other subject chosen by the State. 
‘‘(B) REQUIREMENTS.—Such assessments 
shall— 
‘‘(i) in the case of mathematics and 
reading or language arts, be used in deter-
mining the performance of each local edu-
cational agency and public school in the 
State in accordance with the State’s ac-
countability system under paragraph (3); 
‘‘(ii) be the same academic assess-
ments used to measure the academic 
achievement of all public school students in 
the State; 
‘‘(iii) be aligned with the State’s aca-
demic standards and provide coherent and 
timely information about student attain-
ment of such standards; 
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‘‘(iv) be used for purposes for which 
such assessments are valid and reliable, be 
of adequate technical quality for each pur-
pose required under this Act, and be con-
sistent with relevant, nationally recognized 
professional and technical standards; 
‘‘(v)(I) in the case of mathematics 
and reading or language arts, be adminis-
tered in each of grades 3 through 8 and at 
least once in grades 9 through 12; 
‘‘(II) in the case of science, be admin-
istered not less than one time during— 
‘‘(aa) grades 3 through 5; 
‘‘(bb) grades 6 through 9; and 
‘‘(cc) grades 10 through 12; and 
‘‘(III) in the case of any other subject 
chosen by the State, be administered at the 
discretion of the State; 
‘‘(vi) measure individual student aca-
demic proficiency and, at the State’s dis-
cretion, growth; 
‘‘(vii) at the State’s discretion— 
‘‘(I) be administered through a 
single annual summative assessment; 
or 
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‘‘(II) be administered through 
multiple 
assessments 
during 
the 
course of the academic year that re-
sult in a single summative score that 
provides valid, reliable, and trans-
parent 
information 
on 
student 
achievement; 
‘‘(viii) include measures that assess 
higher-order thinking skills and under-
standing; 
‘‘(ix) provide for— 
‘‘(I) the participation in such as-
sessments of all students; 
‘‘(II) the reasonable adaptations 
and accommodations for students with 
disabilities necessary to measure the 
academic achievement of such stu-
dents relative to the State’s academic 
standards; and 
‘‘(III) the inclusion of English 
learners, who shall be assessed in a 
valid and reliable manner and pro-
vided reasonable accommodations, in-
cluding, to the extent practicable, as-
sessments in the language and form 
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most likely to yield accurate and reli-
able information on what such stu-
dents know and can do in academic 
content areas, until such students 
have achieved English language pro-
ficiency, as assessed by the State 
under subparagraph (D); 
‘‘(x) notwithstanding clause (ix)(III), 
provide for the assessment of reading or 
language arts in English for English learn-
ers who have attended school in the United 
States (not including Puerto Rico) for 3 or 
more consecutive school years, except that 
a local educational agency may, on a case- 
by-case basis, provide for the assessment of 
reading or language arts for each such stu-
dent in a language other than English for 
a period not to exceed 2 additional con-
secutive years if the assessment would be 
more likely to yield accurate and reliable 
information on what such student knows 
and can do, provided that such student has 
not yet reached a level of English language 
proficiency sufficient to yield valid and reli-
able information on what such student 
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knows and can do on reading or language 
arts assessments written in English; 
‘‘(xi) produce individual student inter-
pretive, descriptive, and diagnostic reports 
regarding achievement on such assess-
ments that allow parents, teachers, and 
school leaders to understand and address 
the specific academic needs of students, 
and that are provided to parents, teachers, 
and school leaders, as soon as is prac-
ticable after the assessment is given, in an 
understandable and uniform format, and 
to the extent practicable, in a language 
that parents can understand; 
‘‘(xii) 
enable 
results 
to 
be 
disaggregated within each State, local edu-
cational agency, and school by gender, by 
each major racial and ethnic group, by 
English language proficiency status, by mi-
grant status, by status as a student with 
a disability, and by economically disadvan-
taged status, except that, in the case of a 
local educational agency or a school, such 
disaggregation shall not be required in a 
case in which the number of students in a 
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category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student; 
‘‘(xiii) be administered to not less 
than 95 percent of all students, and not 
less than 95 percent of each subgroup of 
students 
described 
in 
paragraph 
(3)(B)(ii)(II); and 
‘‘(xiv) where practicable, be developed 
using the principles of universal design for 
learning as defined in section 103(24) of 
the Higher Education Act of 1965 (20 
U.S.C. 1003(24)). 
‘‘(C) ALTERNATE ASSESSMENTS.—A State 
may provide for alternate assessments aligned 
with the alternate academic standards adopted 
in accordance with paragraph (1)(D), for stu-
dents with the most significant cognitive dis-
abilities, if the State— 
‘‘(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program 
teams (as defined in section 614(d)(1)(B) 
of the Individuals with Disabilities Edu-
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cation Act) to apply when determining 
when a child’s significant cognitive dis-
ability justifies assessment based on alter-
nate achievement standards; 
‘‘(ii) ensures that the parents of such 
students are informed that— 
‘‘(I) 
their 
child’s 
academic 
achievement will be measured against 
such alternate standards; and 
‘‘(II) whether participation in 
such assessments precludes the stu-
dent from completing the require-
ments for a regular high school di-
ploma; 
‘‘(iii) demonstrates that such students 
are, to the extent practicable, included in 
the general curriculum and that such alter-
nate assessments are aligned with such 
curriculum; 
‘‘(iv) develops, disseminates informa-
tion about, and promotes the use of appro-
priate accommodations to increase the 
number of students with disabilities who 
are tested against academic achievement 
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standards for the grade in which a student 
is enrolled; and 
‘‘(v) ensures that regular and special 
education teachers and other appropriate 
staff know how to administer the alternate 
assessments, including making appropriate 
use of accommodations for students with 
disabilities. 
‘‘(D) ASSESSMENTS
OF
ENGLISH
LAN-
GUAGE PROFICIENCY.— 
‘‘(i) IN GENERAL.—Each State plan 
shall demonstrate that local educational 
agencies in the State will provide for an 
annual assessment of English proficiency 
of all English learners in the schools 
served by the State educational agency. 
‘‘(ii) ALIGNMENT.—The assessments 
described in clause (i) shall be aligned with 
the State’s English language proficiency 
standards described in paragraph (1)(E). 
‘‘(E) 
LANGUAGE
ASSESSMENTS.—Each 
State plan shall identify the languages other 
than English that are present in the partici-
pating student population and indicate the lan-
guages for which yearly student academic as-
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sessments are not available and are needed. 
The State shall make every effort to develop 
such assessments and may request assistance 
from the Secretary if linguistically accessible 
academic assessment measures are needed. 
Upon request, the Secretary shall assist with 
the identification of appropriate academic as-
sessment measures in the needed languages, but 
shall not mandate a specific academic assess-
ment or mode of instruction. 
‘‘(F) ADAPTIVE
ASSESSMENTS.—A State 
may develop and administer computer adaptive 
assessments as the assessments required under 
subparagraph (A). If a State develops and ad-
ministers a computer adaptive assessment for 
such purposes, the assessment shall meet the 
requirements of this paragraph, except as fol-
lows: 
‘‘(i) Notwithstanding subparagraph 
(B)(iii), the assessment— 
‘‘(I) shall measure, at a min-
imum, each student’s academic pro-
ficiency against the State’s academic 
standards for the student’s grade level 
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and growth toward such standards; 
and 
‘‘(II) if the State chooses, may be 
used to measure the student’s level of 
academic 
proficiency 
and 
growth 
using assessment items above or below 
the student’s grade level, including for 
use as part of a State’s accountability 
system under paragraph (3). 
‘‘(ii) Subparagraph (B)(ii) shall not 
be interpreted to require that all students 
taking the computer adaptive assessment 
be administered the same assessment 
items. 
‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a single, statewide accountability 
system to ensure that all public school students 
graduate from high school prepared for postsec-
ondary education or the workforce without the 
need for remediation. 
‘‘(B) ELEMENTS.—Each State account-
ability system described in subparagraph (A) 
shall at a minimum— 
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‘‘(i) annually measure the academic 
achievement of all public school students in 
the State against the State’s mathematics 
and reading or language arts academic 
standards adopted under paragraph (1), 
which may include measures of student 
growth toward such standards, using the 
mathematics and reading or language arts 
assessments described in paragraph (2)(B) 
and other valid and reliable academic indi-
cators related to student achievement as 
identified by the State; 
‘‘(ii) annually evaluate and identify 
the academic performance of each public 
school in the State based on— 
‘‘(I) student academic achieve-
ment as measured in accordance with 
clause (i); 
‘‘(II) the overall performance, 
and achievement gaps as compared to 
all students in the school, for eco-
nomically disadvantaged students, stu-
dents from major racial and ethnic 
groups, students with disabilities, and 
English 
learners, 
except 
that 
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disaggregation of data under this sub-
clause shall not be required in a case 
in which the number of students in a 
category is insufficient to yield statis-
tically reliable information or the re-
sults would reveal personally identifi-
able information about an individual 
student; and 
‘‘(III) other measures of school 
success; and 
‘‘(iii) include a system for school im-
provement 
for 
low-performing 
public 
schools receiving funds under this subpart 
that— 
‘‘(I) implements interventions in 
such schools that are designed to ad-
dress such schools’ weaknesses; and 
‘‘(II) is implemented by local 
educational agencies serving such 
schools. 
‘‘(C) PROHIBITION.—Nothing in this sec-
tion shall be construed to permit the Secretary 
to establish any criteria that specifies, defines, 
or prescribes any aspect of a State’s account-
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ability system developed and implemented in ac-
cordance with this paragraph. 
‘‘(D) 
ACCOUNTABILITY
FOR
CHARTER 
SCHOOLS.—The accountability provisions under 
this Act shall be overseen for charter schools in 
accordance with State charter school law. 
‘‘(4) REQUIREMENTS.—Each State plan shall 
describe— 
‘‘(A) how the State educational agency will 
assist each local educational agency and each 
public school affected by the State plan to com-
ply with the requirements of this subpart, in-
cluding how the State educational agency will 
work with local educational agencies to provide 
technical assistance; and 
‘‘(B) how the State educational agency will 
ensure that the results of the State assessments 
described in paragraph (2), the other indicators 
selected 
by 
the 
State 
under 
paragraph 
(3)(B)(i), and the school evaluations described 
in paragraph (3)(B)(ii), will be promptly pro-
vided to local educational agencies, schools, 
teachers, and parents in a manner that is clear 
and easy to understand, but not later than be-
fore the beginning of the school year following 
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the school year in which such assessments, 
other indicators, or evaluations are taken or 
completed. 
‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 
State plan shall describe the process by which the 
State will adopt and implement the State academic 
standards, assessments, and accountability system 
required under this section within 2 years of enact-
ment of the Student Success Act. 
‘‘(6) EXISTING STANDARDS.—Nothing in this 
subpart shall prohibit a State from revising, con-
sistent with this section, any standard adopted 
under this section before or after the date of enact-
ment of the Student Success Act. 
‘‘(7) EXISTING STATE LAW.—Nothing in this 
section shall be construed to alter any State law or 
regulation granting parents authority over schools 
that repeatedly failed to make adequate yearly 
progress under this section, as in effect on the day 
before the date of the enactment of the Student Suc-
cess Act. 
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING 
AND LEARNING.—Each State plan shall contain assur-
ances that— 
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‘‘(1) the State will notify local educational 
agencies, schools, teachers, parents, and the public 
of the academic standards, academic assessments, 
and State accountability system developed and im-
plemented under this section; 
‘‘(2) the State will participate in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act if the Secretary 
pays the costs of administering such assessments; 
‘‘(3) the State educational agency will notify 
local educational agencies and the public of the au-
thority to operate schoolwide programs; 
‘‘(4) the State educational agency will provide 
the least restrictive and burdensome regulations for 
local educational agencies and individual schools par-
ticipating in a program assisted under this subpart; 
‘‘(5) the State educational agency will encour-
age schools to consolidate funds from other Federal, 
State, and local sources for schoolwide reform in 
schoolwide programs under section 1114; 
‘‘(6) the State educational agency will modify or 
eliminate State fiscal and accounting barriers so 
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that schools can easily consolidate funds from other 
Federal, State, and local sources for schoolwide pro-
grams under section 1114; and 
‘‘(7) the State educational agency will inform 
local educational agencies in the State of the local 
educational agency’s authority to transfer funds 
under section 1002 and to obtain waivers under sec-
tion 5401. 
‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 
shall describe how the State educational agency will sup-
port the collection and dissemination to local educational 
agencies and schools of effective parental involvement 
practices. Such practices shall— 
‘‘(1) be based on the most current research that 
meets the highest professional and technical stand-
ards on effective parental involvement that fosters 
achievement to high standards for all children; 
‘‘(2) be geared toward lowering barriers to 
greater participation by parents in school planning, 
review, and improvement; and 
‘‘(3) be coordinated with programs funded 
under subpart 3 of part A of title III. 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding sec-
tion 5543, the Secretary shall— 
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‘‘(A) establish a peer-review process to as-
sist in the review of State plans; and 
‘‘(B) appoint individuals to the peer-review 
process who are representative of parents, 
teachers, State educational agencies, local edu-
cational agencies, and private sector employers 
(including representatives of entrepreneurial 
ventures), and who are familiar with edu-
cational standards, assessments, accountability, 
the needs of low-performing schools, and other 
educational needs of students, and ensure that 
65 percent of such appointees are practitioners 
and 10 percent are representatives of private 
sector employers. 
‘‘(2) APPROVAL.—The Secretary shall— 
‘‘(A) approve a State plan within 120 days 
of its submission; 
‘‘(B) disapprove of the State plan only if 
the Secretary demonstrates how the State plan 
fails to meet the requirements of this section 
and immediately notifies the State of such de-
termination and the reasons for such deter-
mination; 
‘‘(C) not decline to approve a State’s plan 
before— 
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‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the re-
quirements of this section; and 
‘‘(iii) providing a hearing; and 
‘‘(D) have the authority to disapprove a 
State plan for not meeting the requirements of 
this subpart, but shall not have the authority to 
require a State, as a condition of approval of 
the State plan, to include in, or delete from, 
such plan one or more specific elements of the 
State’s academic standards or State account-
ability system, or to use specific academic as-
sessments or other indicators. 
‘‘(3) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if it is nec-
essary to satisfy the requirements of this section. 
‘‘(4) PUBLIC
REVIEW.—All communications, 
feedback, and notifications under this subsection 
shall be conducted in a manner that is immediately 
made available to the public through the website of 
the Department, including— 
‘‘(A) peer review guidance; 
‘‘(B) the names of the peer reviewers; 
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‘‘(C) State plans submitted or resubmitted 
by a State, including the current approved 
plans; 
‘‘(D) peer review notes; 
‘‘(E) State plan determinations by the Sec-
retary, including approvals or disapprovals, and 
any deviations from the peer reviewers’ rec-
ommendations with an explanation of the devi-
ation; and 
‘‘(F) hearings. 
‘‘(5) PROHIBITION.—The Secretary, and the 
Secretary’s staff, may not attempt to participate in, 
or influence, the peer review process. No Federal 
employee may participate in, or attempt to influence 
the peer review process, except to respond to ques-
tions of a technical nature, which shall be publicly 
reported. 
‘‘(f) DURATION OF THE PLAN.— 
‘‘(1) IN GENERAL.—Each State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
as necessary by the State educational agency to 
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reflect changes in the State’s strategies and 
programs under this subpart. 
‘‘(2) ADDITIONAL
INFORMATION.—If a State 
makes significant changes to its State plan, such as 
the adoption of new State academic standards or 
new academic assessments, or adopts a new State 
accountability system, such information shall be sub-
mitted to the Secretary under subsection (e)(2) for 
approval. 
‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a 
State fails to meet any of the requirements of this section 
then the Secretary shall withhold funds for State adminis-
tration under this subpart until the Secretary determines 
that the State has fulfilled those requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this subpart shall prepare and 
disseminate an annual State report card. Such 
dissemination shall include, at a minimum, pub-
licly posting the report card on the home page 
of the State educational agency’s website. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
‘‘(i) concise; and 
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‘‘(ii) presented in an understandable 
and uniform format that is developed in 
consultation with parents and, to the ex-
tent practicable, provided in a language 
that parents can understand. 
‘‘(C) 
REQUIRED
INFORMATION.—The 
State shall include in its annual State report 
card information on— 
‘‘(i) the performance of students, in 
the aggregate and disaggregated by the 
categories of students described in sub-
section (b)(2)(B)(xii) (except that such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student), on the State 
academic assessments described in sub-
section (b)(2); 
‘‘(ii) the participation rate on such as-
sessments, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause 
(i); 
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‘‘(iii) the performance of students, in 
the aggregate and disaggregated in accord-
ance with clause (i), on other academic in-
dicators 
described 
in 
subsection 
(b)(3)(B)(i); 
‘‘(iv) for each public high school in 
the 
State, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause 
(i)— 
‘‘(I) the four-year adjusted co-
hort graduation rate, and 
‘‘(II) if applicable, the extended- 
year adjusted cohort graduation rate, 
reported separately for students grad-
uating in 5 years or less, students 
graduating in 6 years or less, and stu-
dents graduating in 7 or more years; 
‘‘(v) each public school’s evaluation 
results as determined in accordance with 
subsection (b)(3)(B)(ii); 
‘‘(vi) the acquisition of English pro-
ficiency by English learners; 
‘‘(vii) the number and percentage of 
teachers in each category established under 
clause (iii) of section 2123(1)(A), except 
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that such information shall not reveal per-
sonally identifiable information about an 
individual teacher; and 
‘‘(viii) the results of the assessments 
described in subsection (c)(2). 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding 
the progress of each of the State’s public ele-
mentary schools and public secondary schools, 
such as the number of students enrolled in each 
public secondary school in the State attaining 
career and technical proficiencies, as defined in 
section 113(b)(2)(A) of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, and 
reported by the State in a manner consistent 
with section 113(c) of such Act. 
‘‘(2) ANNUAL
LOCAL
EDUCATIONAL
AGENCY 
REPORT CARDS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that receives assistance under this sub-
part shall prepare and disseminate an annual 
local educational agency report card. 
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‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
State educational agency shall ensure that each 
local educational agency collects appropriate 
data and includes in the local educational agen-
cy’s annual report the information described in 
paragraph (1)(C) as applied to the local edu-
cational agency and each school served by the 
local educational agency, and— 
‘‘(i) in the case of a local educational 
agency, information that shows how stu-
dents served by the local educational agen-
cy achieved on the statewide academic as-
sessment and other academic indicators 
adopted in accordance with subsection 
(b)(3)(B)(i) compared to students in the 
State as a whole; and 
‘‘(ii) in the case of a school, the 
school’s 
evaluation 
under 
subsection 
(b)(3)(B)(ii). 
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such infor-
mation is included in the annual State report 
card. 
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‘‘(D) DATA.—A local educational agency 
or school shall only include in its annual local 
educational agency report card data that are 
sufficient to yield statistically reliable informa-
tion, as determined by the State, and that do 
not reveal personally identifiable information 
about an individual student. 
‘‘(E) PUBLIC DISSEMINATION.—The local 
educational agency shall publicly disseminate 
the information described in this paragraph to 
all schools served by the local educational agen-
cy and to all parents of students attending 
those schools in an understandable and uniform 
format, and, to the extent practicable, in a lan-
guage that parents can understand, and make 
the information widely available through public 
means, such as posting on the Internet, dis-
tribution to the media, and distribution through 
public agencies, except that if a local edu-
cational agency issues a report card for all stu-
dents, the local educational agency may include 
the information under this section as part of 
such report. 
‘‘(3) PREEXISTING
REPORT
CARDS.—A State 
educational agency or local educational agency may 
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use public report cards on the performance of stu-
dents, schools, local educational agencies, or the 
State, that were in effect prior to the enactment of 
the Student Success Act for the purpose of this sub-
section, so long as any such report card is modified, 
as may be needed, to contain the information re-
quired by this subsection. 
‘‘(4) PARENTS RIGHT-TO-KNOW.— 
‘‘(A) ACHIEVEMENT
INFORMATION.—At 
the beginning of each school year, a school that 
receives funds under this subpart shall provide 
to each individual parent information on the 
level of achievement of the parent’s child in 
each of the State academic assessments and 
other academic indicators adopted in accord-
ance with this subpart. 
‘‘(B) FORMAT.—The notice and informa-
tion provided to parents under this paragraph 
shall be in an understandable and uniform for-
mat and, to the extent practicable, provided in 
a language that the parents can understand. 
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that 
protects the privacy of individuals consistent with section 
444 of the General Education Provisions Act. 
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‘‘(j) VOLUNTARY
PARTNERSHIPS.—A State may 
enter into a voluntary partnership with another State to 
develop and implement the academic standards and as-
sessments required under this section, except that the Sec-
retary shall not, either directly or indirectly, attempt to 
influence, incentivize, or coerce State— 
‘‘(1) adoption of the Common Core State 
Standards developed under the Common Core State 
Standards Initiative, any other academic standards 
common to a significant number of States, or assess-
ments tied to such standards; or 
‘‘(2) participation in any such partnerships. 
‘‘(k) CONSTRUCTION.—Nothing in this part shall be 
construed to prescribe the use of the academic assess-
ments described in this part for student promotion or 
graduation purposes. 
‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU- 
FUNDED SCHOOLS.—In determining the assessments to 
be used by each school operated or funded by the Bureau 
of Indian Education receiving funds under this subpart, 
the following shall apply: 
‘‘(1) Each such school that is accredited by the 
State in which it is operating shall use the assess-
ments and other academic indicators the State has 
developed and implemented to meet the require-
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ments of this section, or such other appropriate as-
sessment and academic indicators as approved by 
the Secretary of the Interior. 
‘‘(2) Each such school that is accredited by a 
regional accrediting organization shall adopt an ap-
propriate assessment and other academic indicators, 
in consultation with and with the approval of, the 
Secretary of the Interior and consistent with assess-
ments and academic indicators adopted by other 
schools in the same State or region, that meet the 
requirements of this section. 
‘‘(3) Each such school that is accredited by a 
tribal accrediting agency or tribal division of edu-
cation shall use an assessment and other academic 
indicators developed by such agency or division, ex-
cept that the Secretary of the Interior shall ensure 
that such assessment and academic indicators meet 
the requirements of this section.’’. 
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read 
as follows: 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this subpart for any 
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fiscal year only if such agency has on file with the 
State educational agency a plan, approved by the 
State educational agency, that is coordinated with 
other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, the 
McKinney-Vento Homeless Assistance Act, and 
other Acts, as appropriate. 
‘‘(2) CONSOLIDATED APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 5305. 
‘‘(b) PLAN PROVISIONS.—Each local educational 
agency plan shall describe— 
‘‘(1) how the local educational agency will mon-
itor, in addition to the State assessments described 
in section 1111(b)(2), students’ progress in meeting 
the State’s academic standards; 
‘‘(2) how the local educational agency will iden-
tify quickly and effectively those students who may 
be at risk of failing to meet the State’s academic 
standards; 
‘‘(3) how the local educational agency will pro-
vide additional educational assistance to individual 
students in need of additional help in meeting the 
State’s academic standards; 
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‘‘(4) how the local educational agency will im-
plement the school improvement system described in 
section 1111(b)(3)(B)(iii) for any of the agency’s 
schools identified under such section; 
‘‘(5) how the local educational agency will co-
ordinate programs under this subpart with other 
programs under this Act and other Acts, as appro-
priate; 
‘‘(6) the poverty criteria that will be used to se-
lect school attendance areas under section 1113; 
‘‘(7) how teachers, in consultation with parents, 
administrators, and specialized instructional support 
personnel, in targeted assistance schools under sec-
tion 1115, will identify the eligible children most in 
need of services under this subpart; 
‘‘(8) in general, the nature of the programs to 
be conducted by the local educational agency’s 
schools under sections 1114 and 1115, and, where 
appropriate, 
educational 
services 
outside 
such 
schools for children living in local institutions for ne-
glected and delinquent children, and for neglected 
and delinquent children in community day school 
programs; 
‘‘(9) how the local educational agency will en-
sure that migratory children who are eligible to re-
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ceive services under this subpart are selected to re-
ceive such services on the same basis as other chil-
dren who are selected to receive services under this 
subpart; 
‘‘(10) the services the local educational agency 
will provide homeless children, including services 
provided 
with 
funds 
reserved 
under 
section 
1113(c)(3)(A); 
‘‘(11) the strategy the local educational agency 
will use to implement effective parental involvement 
under section 1118; 
‘‘(12) if appropriate, how the local educational 
agency will use funds under this subpart to support 
preschool programs for children, particularly chil-
dren participating in a Head Start program, which 
services may be provided directly by the local edu-
cational agency or through a subcontract with the 
local Head Start agency designated by the Secretary 
of Health and Human Services under section 641 of 
the Head Start Act, or another comparable early 
childhood development program; 
‘‘(13) how the local educational agency, through 
incentives for voluntary transfers, the provision of 
professional development, recruitment programs, in-
centive pay, performance pay, or other effective 
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strategies, will address disparities in the rates of 
low-income and minority students and other stu-
dents being taught by ineffective teachers; 
‘‘(14) if appropriate, how the local educational 
agency will use funds under this subpart to support 
programs that coordinate and integrate— 
‘‘(A) 
career 
and 
technical 
education 
aligned with State technical standards that pro-
mote skills attainment important to in-demand 
occupations or industries in the State and the 
State’s academic standards under section 
1111(b)(1); and 
‘‘(B) work-based learning opportunities 
that provide students in-depth interaction with 
industry professionals; and 
‘‘(15) if appropriate, how the local educational 
agency will use funds under this subpart to support 
dual enrollment programs, early college high schools, 
and Advanced Placement or International Bacca-
laureate programs. 
‘‘(c) ASSURANCES.—Each local educational agency 
plan shall provide assurances that the local educational 
agency will— 
‘‘(1) participate, if selected, in biennial State 
academic assessments of 4th and 8th grade reading 
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and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from 
Federal, State, and local sources; 
‘‘(3) provide technical assistance to schoolwide 
programs; 
‘‘(4) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
cordance with section 1120, and timely and mean-
ingful consultation with private school officials or 
representatives regarding such services; 
‘‘(5) in the case of a local educational agency 
that chooses to use funds under this subpart to pro-
vide early childhood development services to low-in-
come children below the age of compulsory school at-
tendance, ensure that such services comply with the 
performance standards established under section 
641A(a) of the Head Start Act; 
‘‘(6) inform eligible schools of the local edu-
cational agency’s authority to request waivers on the 
school’s behalf under Title V; and 
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‘‘(7) ensure that the results of the academic as-
sessments required under section 1111(b)(2) will be 
provided to parents and teachers as soon as is prac-
ticably possible after the test is taken, in an under-
standable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(d) SPECIAL RULE.—In carrying out subsection 
(c)(5), the Secretary shall— 
‘‘(1) consult with the Secretary of Health and 
Human Services and shall establish procedures (tak-
ing into consideration existing State and local laws, 
and local teacher contracts) to assist local edu-
cational agencies to comply with such subparagraph; 
and 
‘‘(2) disseminate to local educational agencies 
the education performance standards in effect under 
section 641A(a)(1)(B) of the Head Start Act, and 
such agencies affected by such subsection shall plan 
for the implementation of such subsection (taking 
into consideration existing State and local laws, and 
local teacher contracts). 
‘‘(e) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
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teachers, school leaders, public charter school rep-
resentatives, administrators, and other appropriate 
school personnel, and with parents of children in 
schools served under this subpart. 
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of enactment of this Act and 
shall remain in effect for the duration of the agen-
cy’s participation under this subpart. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(f) STATE APPROVAL.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall be filed according to a schedule es-
tablished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
‘‘(A) enables schools served under this sub-
part to substantially help children served under 
this subpart to meet the State’s academic 
standards described in section 1111(b)(1); and 
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‘‘(B) meets the requirements of this sec-
tion. 
‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to 
determine if such agency’s activities are in accord-
ance with section 1118. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency using funds under this subpart and subpart 
4 to provide a language instruction educational pro-
gram shall, not later than 30 days after the begin-
ning of the school year, inform parents of an 
English learner identified for participation, or par-
ticipating in, such a program of— 
‘‘(A) the reasons for the identification of 
their child as an English learner and in need of 
placement in a language instruction educational 
program; 
‘‘(B) the child’s level of English pro-
ficiency, how such level was assessed, and the 
status of the child’s academic achievement; 
‘‘(C) the methods of instruction used in 
the program in which their child is, or will be 
participating, and the methods of instruction 
used in other available programs, including how 
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such programs differ in content, instructional 
goals, and the use of English and a native lan-
guage in instruction; 
‘‘(D) how the program in which their child 
is, or will be participating, will meet the edu-
cational strengths and needs of their child; 
‘‘(E) how such program will specifically 
help their child learn English, and meet age-ap-
propriate academic achievement standards for 
grade promotion and graduation; 
‘‘(F) the specific exit requirements for the 
program, including the expected rate of transi-
tion from such program into classrooms that 
are not tailored for English learners, and the 
expected rate of graduation from high school 
for such program if funds under this subpart 
are used for children in secondary schools; 
‘‘(G) in the case of a child with a dis-
ability, how such program meets the objectives 
of the individualized education program of the 
child; and 
‘‘(H) information pertaining to parental 
rights that includes written guidance— 
‘‘(i) detailing— 
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‘‘(I) the right that parents have 
to have their child immediately re-
moved from such program upon their 
request; and 
‘‘(II) the options that parents 
have to decline to enroll their child in 
such program or to choose another 
program or method of instruction, if 
available; and 
‘‘(ii) assisting parents in selecting 
among various programs and methods of 
instruction, if more than one program or 
method is offered by the eligible entity. 
‘‘(2) NOTICE.—The notice and information pro-
vided in paragraph (1) to parents of a child identi-
fied for participation in a language instruction edu-
cational program for English learners shall be in an 
understandable and uniform format and, to the ex-
tent practicable, provided in a language that the 
parents can understand. 
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not 
been identified as English learners prior to the be-
ginning of the school year the local educational 
agency shall notify parents within the first 2 weeks 
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of the child being placed in a language instruction 
educational program consistent with paragraphs (1) 
and (2). 
‘‘(4) PARENTAL
PARTICIPATION.—Each local 
educational agency receiving funds under this sub-
part shall implement an effective means of outreach 
to parents of English learners to inform the parents 
regarding how the parents can be involved in the 
education of their children, and be active partici-
pants in assisting their children to attain English 
proficiency, achieve at high levels in core academic 
subjects, and meet the State’s academic standards 
expected of all students, including holding, and send-
ing notice of opportunities for, regular meetings for 
the purpose of formulating and responding to rec-
ommendations from parents of students assisted 
under this subpart. 
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 
student shall not be admitted to, or excluded from, 
any federally assisted education program on the 
basis of a surname or language-minority status.’’. 
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
Section 1113 (20 U.S.C. 6313) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
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(2) in subsection (c)(4)— 
(A) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B’’; and 
(B) by striking ‘‘school improvement, cor-
rective action, and restructuring under section 
1116(b)’’ and inserting ‘‘school improvement 
under section 1111(b)(3)(B)(iii)’’. 
SEC. 115. SCHOOLWIDE PROGRAMS. 
Section 1114 (20 U.S.C. 6314) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘part’’ and inserting 
‘‘subpart’’; and 
(ii) by striking ‘‘in which’’ through 
‘‘such families’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘children with 
limited English proficiency’’ and in-
serting ‘‘English learners’’; and 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
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(C) in paragraph (3)(B), by striking 
‘‘maintenance of effort,’’ after ‘‘private school 
children,’’; and 
(D) by striking paragraph (4); and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(including’’ and 
all that follows through ‘‘1309(2))’’; 
and 
(II) by striking ‘‘content stand-
ards and the State student academic 
achievement standards’’ and inserting 
‘‘standards’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘pro-
ficient’’ and all that follows through 
‘‘section 1111(b)(1)(D)’’ and inserting 
‘‘academic standards described in sec-
tion 1111(b)(1)’’; 
(II) in clause (ii), in the matter 
preceding subclause (I), by striking 
‘‘based on scientifically based re-
search’’ 
and 
inserting 
‘‘evidence- 
based’’; 
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(III) in clause (iii)— 
(aa) in subclause (I)— 
(AA) by striking ‘‘stu-
dent academic achievement 
standards’’ 
and 
inserting 
‘‘academic standards’’; and 
(BB) 
by 
striking 
‘‘schoolwide program,’’ and 
all 
that 
follows 
through 
‘‘technical 
education 
pro-
grams; and’’ and inserting 
‘‘schoolwide programs; and’’; 
and 
(bb) in subclause (II), by 
striking ‘‘and’’; 
(IV) in clause (iv)— 
(aa) by striking ‘‘the State 
and local improvement plans’’ 
and inserting ‘‘school improve-
ment strategies’’; and 
(bb) by striking the period 
and inserting ‘‘; and’’; and 
(V) by adding at the end the fol-
lowing new clause: 
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‘‘(v) may be delivered by nonprofit or 
for-profit external providers with expertise 
in using evidence-based or other effective 
strategies to improve student achieve-
ment.’’; 
(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(iv) in subparagraph (D)— 
(I) by striking ‘‘In accordance 
with section 1119 and subsection 
(a)(4), high-quality’’ and inserting 
‘‘High-quality’’; 
(II) by striking ‘‘pupil services’’ 
and inserting ‘‘specialized instruc-
tional support services’’; and 
(III) by striking ‘‘student aca-
demic achievement’’ and inserting 
‘‘academic’’; 
(v) in subparagraph (E), by striking 
‘‘high-quality highly qualified’’ and insert-
ing ‘‘effective’’; 
(vi) in subparagraph (G), by striking 
‘‘, such as Head Start, Even Start, Early 
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Reading First, or a State-run preschool 
program,’’; 
(vii) in subparagraph (H), by striking 
‘‘section 1111(b)(3)’’ and inserting ‘‘sec-
tion 1111(b)(2)’’; 
(viii) in subparagraph (I), by striking 
‘‘proficient or advanced levels of academic 
achievement 
standards’’ 
and 
inserting 
‘‘State academic standards’’; and 
(ix) in subparagraph (J), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘first de-
velop’’ 
and 
all 
that 
follows 
through ‘‘2001)’’ and inserting 
‘‘have in place’’; and 
(bb) by striking ‘‘and its 
school support team or other 
technical 
assistance 
provider 
under section 1117’’; 
(II) in clause (ii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
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(III) in clause (iv), by striking 
‘‘section 1111(b)(3)’’ and inserting 
‘‘section 1111(b)(2)’’; and 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) in subclause (I), by 
striking ‘‘, after considering the 
recommendation of the technical 
assistance providers under sec-
tion 1117,’’; and 
(bb) in subclause (II), by 
striking ‘‘No Child Left Behind 
Act of 2001’’ and inserting ‘‘Stu-
dent Success Act’’; 
(II) in clause (ii)— 
(aa) by striking ‘‘(including 
administrators of programs de-
scribed in other parts of this 
title)’’; and 
(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
(III) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
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(IV) in clause (v), by striking 
‘‘Reading First, Early Reading First, 
Even Start,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(B) by striking ‘‘6,’’ and all that follows 
through the period at the end and inserting 
‘‘6.’’. 
SEC. 116. TARGETED ASSISTANCE SCHOOLS. 
Section 1115 (20 U.S.C. 6315) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘are ineligible for a 
schoolwide program under section 1114, or 
that’’; 
(B) by striking ‘‘operate such’’ and insert-
ing ‘‘operate’’; and 
(C) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘chal-
lenging student academic achievement’’ and in-
serting ‘‘academic’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
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(I) by striking ‘‘limited English 
proficient children’’ and inserting 
‘‘English learners’’; and 
(II) by striking ‘‘part’’ each place 
it appears and inserting ‘‘subpart’’; 
(ii) in subparagraph (B)— 
(I) in the heading, by striking ‘‘, 
EVEN
START, OR
EARLY
READING 
FIRST’’; 
(II) by striking ‘‘, Even Start, or 
Early Reading First’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iii) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘SUBPART
CHIL-
DREN.—’’; 
(II) by striking ‘‘part C’’ and in-
serting ‘‘subpart 3’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
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(C) in paragraph (3), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(iii) in subparagraph (B), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(iv) in subparagraph (C)— 
(I) in the matter preceding clause 
(i), by striking ‘‘based on scientifically 
based research’’ and inserting ‘‘evi-
dence-based’’; and 
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(II) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(v) in subparagraph (D), by striking 
‘‘such as Head Start, Even Start, Early 
Reading First or State-run preschool pro-
grams’’; 
(vi) in subparagraph (E), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(vii) in subparagraph (F)— 
(I) by striking ‘‘in accordance 
with subsection (e)(3) and section 
1119,’’; 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(III) by striking ‘‘pupil services 
personnel’’ and inserting ‘‘specialized 
instructional support personnel’’; and 
(viii) in subparagraph (H), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘proficient and ad-
vanced levels of achievement’’ and insert-
ing ‘‘academic standards’’; 
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(ii) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(iii) in subparagraph (B), by striking 
‘‘challenging student academic achieve-
ment’’ and inserting ‘‘academic’’; 
(4) in subsection (d), in the matter preceding 
paragraph (1), by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘subpart’’; 
(5) in subsection (e)— 
(A) in paragraph (2)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(ii) in clause (iii), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized in-
structional support services’’; and 
(B) by striking paragraph (3); and 
(6) by adding at the end the following new sub-
section: 
‘‘(f) DELIVERY OF SERVICES.—The elements of a 
targeted assistance program under this section may be de-
livered by nonprofit or for-profit external providers with 
expertise in using evidence-based or other effective strate-
gies to improve student achievement.’’. 
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SEC. 
117. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT; SCHOOL SUPPORT AND RECOGNITION. 
The Act is amended by repealing sections 1116 and 
1117 (20 U.S.C. 6316; 6317). 
SEC. 118. PARENTAL INVOLVEMENT. 
Section 1118 (20 U.S.C. 6318) is amended— 
(1) by striking ‘‘part’’ each place such term ap-
pears and inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
and’’ and all that follows through ‘‘1116’’; 
and 
(ii) in subparagraph (D), by striking 
‘‘, such as’’ and all that follows through 
‘‘preschool programs’’; and 
(B) in paragraph (3)(A), by striking ‘‘sub-
part 2 of this part’’ each place it appears and 
inserting ‘‘chapter B of this subpart’’; 
(3) by amending subsection (c)(4)(B) to read as 
follows: 
‘‘(B) a description and explanation of the 
curriculum in use at the school and the forms 
of academic assessment used to measure stu-
dent progress; and’’; 
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(4) in subsection (d)(1), by striking ‘‘student 
academic achievement’’ and inserting ‘‘academic’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘State’s 
academic content standards and State student 
academic achievement standards’’ and inserting 
‘‘State’s academic standards’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘pupil services per-
sonnel,’’ and inserting ‘‘specialized instruc-
tional support personnel,’’; and 
(ii) by striking ‘‘principals,’’ and in-
serting ‘‘school leaders,’’; and 
(C) in paragraph (4), by striking ‘‘Head 
Start, Reading First, Early Reading First, 
Even Start, the Home Instruction Programs for 
Preschool Youngsters, the Parents as Teachers 
Program, and public preschool and other’’ and 
inserting ‘‘other Federal, State, and local’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FAMILY ENGAGEMENT
IN EDUCATION PRO-
GRAMS.—In a State operating a program under subpart 
3 of part A of title III, each local educational agency or 
school that receives assistance under this subpart shall in-
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form such parents and organizations of the existence of 
such programs.’’. 
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS. 
The Act is amended by repealing section 1119 (20 
U.S.C. 6319). 
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended to read 
as follows: 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
‘‘(1) IN
GENERAL.—To the extent consistent 
with the number of eligible children identified under 
section 1115(b) in the school district served by a 
local educational agency who are enrolled in private 
elementary schools and secondary schools, a local 
educational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
representatives, provide such service, on an eq-
uitable basis and individually or in combination, 
as requested by the officials or representatives 
to best meet the needs of such children, special 
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educational 
services, 
instructional 
services, 
counseling, mentoring, one-on-one tutoring, or 
other benefits under this subpart (such as dual 
enrollment, educational radio and television, 
computer equipment and materials, other tech-
nology, and mobile educational services and 
equipment) that address their needs; and 
‘‘(B) ensure that teachers and families of 
the children participate, on an equitable basis, 
in services and activities developed pursuant to 
this subpart. 
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 
Such educational services or other benefits, including 
materials and equipment, shall be secular, neutral, 
and nonideological. 
‘‘(3) EQUITY.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits for such private school chil-
dren shall be equitable in comparison to serv-
ices and other benefits for public school chil-
dren participating under this subpart, and shall 
be provided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such 
equity for such private school children, teach-
ers, and other educational personnel, the State 
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‘‘(C) 
NOTICE
OF
ALLOCATION.—Each 
State educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency or, in a case described in subsection 
(b)(6)(C), the State educational agency involved, 
may provide services under this section directly or 
through contracts with public or private agencies, 
organizations, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a local educational agency 
shall consult with appropriate private school officials 
or representatives during the design and develop-
ment of such agency’s programs under this subpart 
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in order to reach an agreement between the agency 
and the officials or representatives about equitable 
and effective programs for eligible private school 
children, the results of which shall be transmitted to 
the 
designated 
ombudsmen 
under 
section 
1120(a)(3)(B). Such process shall include consulta-
tion on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, and the proportion of funds 
that is allocated under subsection (a)(4)(A) for 
such services, how that proportion of funds is 
determined under such subsection, and an 
itemization of the costs of the services to be 
provided; 
‘‘(F) the method or sources of data that 
are used under subsection (c) and section 
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1113(c)(1) to determine the number of children 
from low-income families in participating school 
attendance areas who attend private schools; 
‘‘(G) how and when the agency will make 
decisions about the delivery of services to such 
children, including a thorough consideration 
and analysis of the views of the private school 
officials or representatives on the provision of 
services through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or represent-
atives on the provision of services through a 
contract, the local educational agency will pro-
vide in writing to such private school officials 
an analysis of the reasons why the local edu-
cational agency has chosen not to use a con-
tractor; 
‘‘(I) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public and private agencies, organi-
zations, and institutions; 
‘‘(J) whether to provide equitable services 
to eligible private school children— 
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‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
paragraph (4) based on all the children 
from low-income families who attend pri-
vate schools in a participating school at-
tendance area of the agency from which 
the local educational agency will provide 
such services to all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
agency’s participating school attendance 
area with the proportion of funds allocated 
under paragraph (4) based on the number 
of children from low-income families who 
attend such school; and 
‘‘(K) whether to consolidate and use funds 
under this subpart to provide schoolwide pro-
grams for a private school. 
‘‘(2) DISAGREEMENT.—If a local educational 
agency disagrees with the views of private school of-
ficials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agen-
cy shall provide in writing to such private school of-
ficials an analysis of the reasons why the local edu-
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cational agency has chosen not to adopt the course 
of action requested by such officials. 
‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or 
representatives and shall occur before the local edu-
cational agency makes any decision that affects the 
opportunities of eligible private school children to 
participate in programs under this subpart. Such 
meetings shall continue throughout implementation 
and assessment of services provided under this sec-
tion. 
‘‘(4) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a 
local educational agency can use to provide equitable 
services to eligible private school children. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or representa-
tives of each participating private school that the 
meaningful consultation required by this section has 
occurred. The written affirmation shall provide the 
option for private school officials or representatives 
to indicate that timely and meaningful consultation 
has not occurred or that the program design is not 
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equitable with respect to eligible private school chil-
dren. If such officials or representatives do not pro-
vide such affirmation within a reasonable period of 
time, the local educational agency shall forward the 
documentation that such consultation has, or at-
tempts at such consultation have, taken place to the 
State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school offi-
cial shall have the right to file a complaint with 
the State educational agency that the local edu-
cational agency did not engage in consultation 
that was meaningful and timely, did not give 
due consideration to the views of the private 
school official, or did not treat the private 
school or its students equitably as required by 
this section. 
‘‘(B) PROCEDURE.—If the private school 
official wishes to file a complaint, the official 
shall provide the basis of the noncompliance 
with this section by the local educational agency 
to the State educational agency, and the local 
educational agency shall forward the appro-
priate documentation to the State educational 
agency. 
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‘‘(C) STATE EDUCATIONAL AGENCIES.—A 
State educational agency shall provide services 
under this section directly or through contracts 
with public or private agencies, organizations, 
and institutions, if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency involved has not 
met the requirements of this section; 
or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in a participating school at-
tendance area of the agency that are 
not being served by the agency’s pro-
gram under this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a partici-
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pating school attendance area of the 
agency are not being served by the 
agency’s program under this section. 
‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI-
VATE SCHOOL STUDENTS.— 
‘‘(1) CALCULATION.—A local educational agen-
cy shall have the final authority, consistent with this 
section, to calculate the number of children, ages 5 
through 17, who are from low-income families and 
attend private schools by— 
‘‘(A) using the same measure of low in-
come used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fam-
ilies of private school students, and allowing 
such survey results to be extrapolated if com-
plete actual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance 
area, determined pursuant to this section, to 
the number of private school children who re-
side in that school attendance area; or 
‘‘(D) using an equated measure of low in-
come correlated with the measure of low income 
used to count public school children. 
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‘‘(2) COMPLAINT
PROCESS.—Any dispute re-
garding low-income data for private school students 
shall be subject to the complaint process authorized 
in section 5503. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this subpart, and title to materials, 
equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall 
administer such funds, materials, equipment, and 
property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) PROVIDER.—The provision of services 
under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through a contract by such pub-
lic agency with an individual, association, 
agency, or organization. 
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, asso-
ciation, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or 
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contract shall be under the control and super-
vision of such public agency. 
‘‘(e) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for 
the participation in programs on an equitable basis of eli-
gible children enrolled in private elementary schools and 
secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is un-
willing to provide for such participation, as required by 
this section, the Secretary shall— 
‘‘(1) waive the requirements of this section for 
such local educational agency; 
‘‘(2) arrange for the provision of services to 
such children through arrangements that shall be 
subject to the requirements of this section and sec-
tions 5503 and 5504; and 
‘‘(3) in making the determination under this 
subsection, consider one or more factors, including 
the quality, size, scope, and location of the program 
and the opportunity of eligible children to partici-
pate.’’. 
SEC. 121. FISCAL REQUIREMENTS. 
Section 1120A (20 U.S.C. 6321) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
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(2) by striking subsection (a) and redesignating 
subsections (b), (c), and (d) as subsections (a), (b), 
and (c), respectively. 
SEC. 122. COORDINATION REQUIREMENTS. 
Section 1120B (20 U.S.C. 6322) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (a), by striking ‘‘such as the 
Early Reading First program’’; and 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, such as the Early Reading First 
program,’’; 
(B) in paragraphs (1) through (3), by 
striking ‘‘such as the Early Reading First pro-
gram’’ each place it appears; 
(C) in paragraph (4), by striking ‘‘Early 
Reading First program staff,’’; and 
(D) in paragraph (5), by striking ‘‘and en-
tities carrying out Early Reading First pro-
grams’’. 
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 
SECRETARY OF THE INTERIOR. 
Section 1121 (20 U.S.C. 6331) is amended— 
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(1) in subsection (a), by striking ‘‘appropriated 
for payments to States for any fiscal year under sec-
tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 
for this chapter under section 1122(a)’’; and 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘the No 
Child Left Behind Act of 2001’’ and inserting 
‘‘the Student Success Act’’; 
(B) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘basis,’’ and all that follows through the 
period at the end and inserting ‘‘basis.’’; 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘challenging State academic content 
standards’’ and inserting ‘‘State academic 
standards’’; and 
(iii) by striking subparagraph (D); 
and 
(3) in subsection (d)(2), by striking ‘‘part’’ and 
inserting ‘‘subpart’’. 
SEC. 124. ALLOCATIONS TO STATES. 
Section 1122 (20 U.S.C. 6332) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION.— 
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‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91.055 percent of such amounts to carry out 
this chapter. 
‘‘(2) ALLOCATION FORMULA.—Of the amount 
reserved under paragraph (1) for each of fiscal years 
2014 to 2019 (referred to in this subsection as the 
current fiscal year)— 
‘‘(A) an amount equal to the amount made 
available to carry out section 1124 for fiscal 
year 2001 shall be used to carry out section 
1124; 
‘‘(B) an amount equal to the amount made 
available to carry out section 1124A for fiscal 
year 2001 shall be used to carry out section 
1124A; and 
‘‘(C) an amount equal to 100 percent of 
the amount, if any, by which the total amount 
made available to carry out this chapter for the 
fiscal year for which the determination is made 
exceeds the total amount available to carry out 
sections 1124 and 1124A for fiscal year 2001 
shall be used to carry out sections 1125 and 
1125A and such amount shall be divided equal-
ly between sections 1125 and 1125A.’’; 
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(2) in subsection (b)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’; 
(3) in subsection (c)(3), by striking ‘‘part’’ and 
inserting ‘‘subpart’’; and 
(4) in subsection (d)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’. 
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES. 
Section 1124 (20 U.S.C. 6333) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘subpart’’ and inserting ‘‘chapter’’; and 
(ii) in subparagraph (C)(i), by strik-
ing ‘‘subpart’’ and inserting ‘‘chapter’’; 
and 
(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting 
‘‘chapter’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘sub-
part 1 of part D’’ and inserting ‘‘chapter A of 
subpart 3’’; and 
(B) in paragraph (2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
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SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 
TO LOCAL EDUCATIONAL AGENCIES IN FIS-
CAL YEARS AFTER FISCAL YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to 
read as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED 
GRANTS TO LOCAL EDUCATIONAL AGENCIES 
IN FISCAL YEARS AFTER FISCAL YEAR 2001. 
‘‘Pursuant to section 1122, the total amount allo-
cated in any fiscal year after fiscal year 2001 for programs 
and activities under this subpart shall not exceed the 
amount allocated in fiscal year 2001 for such programs 
and activities unless the amount available for targeted 
grants to local educational agencies under section 1125 
in the applicable fiscal year meets the requirements of sec-
tion 1122(a).’’. 
SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO-
GRAM. 
Section 1125A (20 U.S.C. 6337) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ap-
propriated pursuant to subsection (f)’’ and in-
serting ‘‘made available for any fiscal year to 
carry out this section’’; and 
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(B) in subparagraph (B)(i), by striking 
‘‘total appropriations’’ and inserting ‘‘the total 
amount reserved under section 1122(a) to carry 
out this section’’; 
(3) by striking subsections (a), (e), and (f) and 
redesignating subsections (b), (c), (d), and (g) as 
subsections (a), (b), (c), and (d), respectively; and 
(4) in subsection (b), as redesignated, by redes-
ignating subparagraphs (A) and (B) as paragraphs 
(1) and (2), respectively. 
SEC. 128. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by strik-
ing ‘‘subpart’’ each place it appears and inserting ‘‘chap-
ter’’. 
SEC. 129. TITLE I PORTABILITY. 
Chapter B of subpart 1 of part A of title I (20 U.S.C. 
6331 et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME 
CHILD STATE OPTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law and to the extent permitted under State law, 
a State educational agency may allocate grant funds under 
this chapter among the local educational agencies in the 
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State based on the number of eligible children enrolled in 
the public schools served by each local educational agency. 
‘‘(b) ELIGIBLE CHILD.— 
‘‘(1) DEFINITION.—In this section, the term 
‘eligible child’ means a child aged 5 to 17, inclusive, 
from a family with an income below the poverty level 
on the basis of the most recent satisfactory data 
published by the Department of Commerce. 
‘‘(2) CRITERIA OF POVERTY.—In determining 
the families with incomes below the poverty level for 
the purposes of this section, a State educational 
agency shall use the criteria of poverty used by the 
Census Bureau in compiling the most recent decen-
nial census, as the criteria have been updated by in-
creases in the Consumer Price Index for All Urban 
Consumers, published by the Bureau of Labor Sta-
tistics. 
‘‘(c) STUDENT ENROLLMENT IN PUBLIC SCHOOLS.— 
‘‘(1) IDENTIFICATION
OF
ELIGIBLE
CHIL-
DREN.—On an annual basis, on a date to be deter-
mined by the State educational agency, each local 
educational agency that receives grant funding in ac-
cordance with subsection (a) shall inform the State 
educational agency of the number of eligible children 
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enrolled in public schools served by the local edu-
cational agency. 
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL 
AGENCIES.—Based on the identification of eligible 
children in paragraph (1), the State educational 
agency shall provide to a local educational agency an 
amount equal to the sum of the amount available for 
each eligible child in the State multiplied by the 
number of eligible children identified by the local 
educational agency under paragraph (1). 
‘‘(3) DISTRIBUTION TO SCHOOLS.—Each local 
educational agency that receives funds under para-
graph (2) shall distribute such funds to the public 
schools served by the local educational agency— 
‘‘(A) based on the number of eligible chil-
dren enrolled in such schools; and 
‘‘(B) in a manner that would, in the ab-
sence of such Federal funds, supplement the 
funds made available from non-Federal re-
sources for the education of pupils participating 
in programs under this subpart, and not to sup-
plant such funds.’’. 
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Subtitle C—Additional Aid to 
States and School Districts 
SEC. 131. ADDITIONAL AID. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 
as amended by the preceding provisions of this Act, is fur-
ther amended— 
(1) by striking parts B through D and F 
through H; and 
(2) by inserting after subpart 1 of part A the 
following: 
‘‘Subpart 2—Education of Migratory Children 
‘‘SEC. 1131. PROGRAM PURPOSES. 
‘‘The purposes of this subpart are as follows: 
‘‘(1) To assist States in supporting high-quality 
and comprehensive educational programs and serv-
ices during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children. 
‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any 
manner by disparities among the States in cur-
riculum, graduation requirements, and State aca-
demic standards. 
‘‘(3) To help such children succeed in school, 
meet the State academic standards that all children 
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are expected to meet, and graduate from high school 
prepared for postsecondary education and the work-
force without the need for remediation. 
‘‘(4) To help such children overcome edu-
cational disruption, cultural and language barriers, 
social isolation, various health-related problems, and 
other factors that inhibit the ability of such children 
to succeed in school. 
‘‘(5) To help such children benefit from State 
and local systemic reforms. 
‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.37 per-
cent to carry out this subpart. 
‘‘(b) GRANTS AWARDED.—From the amounts re-
served under subsection (a) and not reserved under section 
1138(c), the Secretary shall make allotments for the fiscal 
year to State educational agencies, or consortia of such 
agencies, to establish or improve, directly or through local 
operating agencies, programs of education for migratory 
children in accordance with this subpart. 
‘‘SEC. 1133. STATE ALLOCATIONS. 
‘‘(a) STATE ALLOCATIONS.—Except as provided in 
subsection (c), each State (other than the Commonwealth 
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of Puerto Rico) is entitled to receive under this subpart 
an amount equal to the product of— 
‘‘(1) the sum of— 
‘‘(A) the average number of identified eligi-
ble full-time equivalent migratory children aged 
3 through 21 residing in the State, based on 
data for the preceding 3 years; and 
‘‘(B) the number of identified eligible mi-
gratory children, aged 3 through 21, who re-
ceived services under this subpart in summer or 
intersession programs provided by the State 
during the previous year; multiplied by 
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than 
32 percent, nor more than 48 percent, of the aver-
age per-pupil expenditure in the United States. 
‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 
(a), for each of fiscal years 2014 through 2016, no State 
shall receive less than 90 percent of the State’s allocation 
under this section for the previous year. 
‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 
year, the grant which the Commonwealth of Puerto Rico 
shall be eligible to receive under this subpart shall be the 
amount determined by multiplying the number of children 
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who would be counted under subsection (a)(1) if such sub-
section applied to the Commonwealth of Puerto Rico by 
the product of— 
‘‘(1) the percentage that the average per-pupil 
expenditure in the Commonwealth of Puerto Rico is 
of the lowest average per-pupil expenditure of any of 
the 50 States, except that the percentage calculated 
under this subparagraph shall not be less than 85 
percent; and 
‘‘(2) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) RATABLE REDUCTIONS.—If, after the 
Secretary reserves funds under section 1138(c), 
the amount appropriated to carry out this sub-
part for any fiscal year is insufficient to pay in 
full the amounts for which all States are eligi-
ble, the Secretary shall ratably reduce each 
such amount. 
‘‘(B) REALLOCATION.—If additional funds 
become available for making such payments for 
any fiscal year, the Secretary shall allocate such 
funds to States in amounts that the Secretary 
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determines will best carry out the purpose of 
this subpart. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) FURTHER
REDUCTIONS.—The Sec-
retary shall further reduce the amount of any 
grant to a State under this subpart for any fis-
cal year if the Secretary determines, based on 
available information on the numbers and needs 
of migratory children in the State and the pro-
gram proposed by the State to address such 
needs, that such amount exceeds the amount 
required under section 1134. 
‘‘(B) REALLOCATION.—The Secretary shall 
reallocate such excess funds to other States 
whose grants under this subpart would other-
wise be insufficient to provide an appropriate 
level of services to migratory children, in such 
amounts as the Secretary determines are appro-
priate. 
‘‘(e) CONSORTIUM ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—In the case of a State that 
receives a grant of $1,000,000 or less under this 
section, the Secretary shall consult with the State 
educational agency to determine whether consortium 
arrangements with another State or other appro-
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priate entity would result in delivery of services in 
a more effective and efficient manner. 
‘‘(2) PROPOSALS.—Any State, regardless of the 
amount of such State’s allocation, may submit a 
consortium arrangement to the Secretary for ap-
proval. 
‘‘(3) APPROVAL.—The Secretary shall approve 
a consortium arrangement under paragraph (1) or 
(2) if the proposal demonstrates that the arrange-
ment will— 
‘‘(A) reduce administrative costs or pro-
gram function costs for State programs; and 
‘‘(B) make more funds available for direct 
services to add substantially to the educational 
achievement of children to be served under this 
subpart. 
‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of 
migratory children residing in each State for purposes of 
this section, the Secretary shall— 
‘‘(1) use the most recent information that most 
accurately reflects the actual number of migratory 
children; 
‘‘(2) develop and implement a procedure for 
monitoring the accuracy of such information; 
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‘‘(3) develop and implement a procedure for 
more accurately reflecting cost factors for different 
types of summer and intersession program designs; 
‘‘(4) adjust the full-time equivalent number of 
migratory children who reside in each State to take 
into account— 
‘‘(A) the unique needs of those children 
participating in evidence-based or other effec-
tive special programs provided under this sub-
part that operate during the summer and inter-
session periods; and 
‘‘(B) the additional costs of operating such 
programs; and 
‘‘(5) conduct an analysis of the options for ad-
justing the formula so as to better direct services to 
migratory children, including the most at-risk migra-
tory children. 
‘‘(g) NONPARTICIPATING STATES.—In the case of a 
State desiring to receive an allocation under this subpart 
for a fiscal year that did not receive an allocation for the 
previous fiscal year or that has been participating for less 
than 3 consecutive years, the Secretary shall calculate the 
State’s number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using 
the most recent data available that identifies the migra-
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tory children residing in the State until data is available 
to calculate the 3-year average number of such children 
in accordance with such subsection. 
‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 
‘‘(a) APPLICATION REQUIRED.—Any State desiring 
to receive a grant under this subpart for any fiscal year 
shall submit an application to the Secretary at such time 
and in such manner as the Secretary may require. 
‘‘(b) PROGRAM INFORMATION.—Each such applica-
tion shall include— 
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects as-
sisted under this subpart, the State and its local op-
erating agencies will ensure that the unique edu-
cational needs of migratory children, including pre-
school migratory children, are identified and ad-
dressed through— 
‘‘(A) the full range of services that are 
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams; 
‘‘(B) joint planning among local, State, 
and Federal educational programs serving mi-
gratory children, including language instruction 
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educational programs under chapter A of sub-
part 4; and 
‘‘(C) the integration of services available 
under this subpart with services provided by 
those other programs; 
‘‘(2) a description of the steps the State is tak-
ing to provide all migratory students with the oppor-
tunity to meet the same State academic standards 
that all children are expected to meet; 
‘‘(3) a description of how the State will use 
funds received under this subpart to promote inter-
state and intrastate coordination of services for mi-
gratory children, including how the State will pro-
vide for educational continuity through the timely 
transfer of pertinent school records, including infor-
mation on health, when children move from one 
school to another, whether or not such a move oc-
curs during the regular school year; 
‘‘(4) a description of the State’s priorities for 
the use of funds received under this subpart, and 
how such priorities relate to the State’s assessment 
of needs for services in the State; 
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants the State will 
award to local operating agencies, taking into ac-
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count the numbers and needs of migratory children, 
the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local 
programs; and 
‘‘(6) a description of how the State will encour-
age programs and projects assisted under this sub-
part to offer family literacy services if the programs 
and projects serve a substantial number of migra-
tory children whose parents do not have a regular 
high school diploma or its recognized equivalent or 
who have low levels of literacy. 
‘‘(c) ASSURANCES.—Each such application shall also 
include assurances that— 
‘‘(1) funds received under this subpart will be 
used only— 
‘‘(A) for programs and projects, including 
the acquisition of equipment, in accordance 
with section 1136; and 
‘‘(B) to coordinate such programs and 
projects with similar programs and projects 
within the State and in other States, as well as 
with other Federal programs that can benefit 
migratory children and their families; 
‘‘(2) such programs and projects will be carried 
out in a manner consistent with the objectives of 
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section 1114, subsections (b) and (d) of section 
1115, subsections (b) and (c) of section 1120A, and 
part C; 
‘‘(3) in the planning and operation of programs 
and projects at both the State and local agency op-
erating level, there is consultation with parents of 
migratory children for programs of not less than one 
school year in duration, and that all such programs 
and projects are carried out— 
‘‘(A) in a manner that provides for the 
same parental involvement as is required for 
programs and projects under section 1118, un-
less extraordinary circumstances make such 
provision impractical; and 
‘‘(B) in a format and language under-
standable to the parents; 
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education 
needs of preschool migratory children; 
‘‘(5) the effectiveness of such programs and 
projects will be determined, where feasible, using the 
same approaches and standards that will be used to 
assess the performance of students, schools, and 
local educational agencies under subpart 1; 
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‘‘(6) to the extent feasible, such programs and 
projects will provide for— 
‘‘(A) advocacy and outreach activities for 
migratory children and their families, including 
informing such children and families of, or 
helping such children and families gain access 
to, other education, health, nutrition, and social 
services; 
‘‘(B) professional development programs, 
including mentoring, for teachers and other 
program personnel; 
‘‘(C) high-quality, evidence-based family 
literacy programs; 
‘‘(D) the integration of information tech-
nology into educational and related programs; 
and 
‘‘(E) programs to facilitate the transition 
of secondary school students to postsecondary 
education or employment without the need for 
remediation; and 
‘‘(7) the State will assist the Secretary in deter-
mining the number of migratory children under 
paragraph (1) of section 1133(a). 
‘‘(d) PRIORITY FOR SERVICES.—In providing services 
with funds received under this subpart, each recipient of 
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such funds shall give priority to migratory children who 
are failing, or most at risk of failing, to meet the State’s 
academic standards under section 1111(b)(1). 
‘‘(e) 
CONTINUATION
OF
SERVICES.—Notwith-
standing any other provision of this subpart— 
‘‘(1) a child who ceases to be a migratory child 
during a school term shall be eligible for services 
until the end of such term; 
‘‘(2) a child who is no longer a migratory child 
may continue to receive services for one additional 
school year, but only if comparable services are not 
available through other programs; and 
‘‘(3) secondary school students who were eligi-
ble for services in secondary school may continue to 
be served through credit accrual programs until 
graduation. 
‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 
‘‘The Secretary shall approve each State application 
that meets the requirements of this subpart, and may re-
view any such application using a peer review process. 
‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES. 
‘‘(a) COMPREHENSIVE PLAN.— 
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‘‘(1) IN GENERAL.—Each State that receives 
assistance under this subpart shall ensure that the 
State and its local operating agencies identify and 
address the unique educational needs of migratory 
children in accordance with a comprehensive State 
plan that— 
‘‘(A) is integrated with other programs 
under this Act or other Acts, as appropriate; 
‘‘(B) may be submitted as a part of a con-
solidated application under section 5302, if— 
‘‘(i) the unique needs of migratory 
children are specifically addressed in the 
comprehensive State plan; 
‘‘(ii) the comprehensive State plan is 
developed in collaboration with parents of 
migratory children; and 
‘‘(iii) the comprehensive State plan is 
not used to supplant State efforts regard-
ing, or administrative funding for, this 
subpart; 
‘‘(C) provides that migratory children will 
have an opportunity to meet the same State 
academic standards under section 1111(b)(1) 
that all children are expected to meet; 
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‘‘(D) specifies measurable program goals 
and outcomes; 
‘‘(E) encompasses the full range of services 
that are available for migratory children from 
appropriate local, State, and Federal edu-
cational programs; 
‘‘(F) is the product of joint planning 
among such local, State, and Federal programs, 
including programs under subpart 1, early 
childhood programs, and language instruction 
educational programs under chapter A of sub-
part 4; and 
‘‘(G) provides for the integration of serv-
ices available under this subpart with services 
provided by such other programs. 
‘‘(2) DURATION
OF
THE
PLAN.—Each such 
comprehensive State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
subpart. 
‘‘(b) AUTHORIZED ACTIVITIES.— 
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‘‘(1) FLEXIBILITY.—In implementing the com-
prehensive plan described in subsection (a), each 
State educational agency, where applicable through 
its local educational agencies, shall have the flexi-
bility to determine the activities to be provided with 
funds made available under this subpart, except that 
such funds first shall be used to meet the identified 
needs of migratory children that result from their 
migratory lifestyle, and to permit these children to 
participate effectively in school. 
‘‘(2) UNADDRESSED NEEDS.—Funds provided 
under this subpart shall be used to address the 
needs of migratory children that are not addressed 
by services available from other Federal or non-Fed-
eral programs, except that migratory children who 
are eligible to receive services under subpart 1 may 
receive those services through funds provided under 
that subpart, or through funds under this subpart 
that remain after the agency addresses the needs de-
scribed in paragraph (1). 
‘‘(3) CONSTRUCTION.—Nothing in this subpart 
shall be construed to prohibit a local educational 
agency from serving migratory children simulta-
neously with students with similar educational needs 
in the same educational settings, where appropriate. 
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‘‘SEC. 1137. BYPASS. 
‘‘The Secretary may use all or part of any State’s 
allocation under this subpart to make arrangements with 
any public or private agency to carry out the purpose of 
this subpart in such State if the Secretary determines 
that— 
‘‘(1) the State is unable or unwilling to conduct 
educational programs for migratory children; 
‘‘(2) such arrangements would result in more 
efficient and economic administration of such pro-
grams; or 
‘‘(3) such arrangements would add substantially 
to the educational achievement of such children. 
‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 
ACTIVITIES. 
‘‘(a) IMPROVEMENT OF COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, may make grants to, or enter 
into contracts with, State educational agencies, local 
educational agencies, institutions of higher edu-
cation, and other public and private entities to im-
prove the interstate and intrastate coordination 
among such agencies’ educational programs, includ-
ing through the establishment or improvement of 
programs for credit accrual and exchange, available 
to migratory students. 
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‘‘(2) DURATION.—Grants or contracts under 
this subsection may be awarded for not more than 
5 years. 
‘‘(b) STUDENT RECORDS.— 
‘‘(1) ASSISTANCE.—The Secretary shall assist 
States in developing and maintaining an effective 
system for the electronic transfer of student records 
and in determining the number of migratory chil-
dren in each State. 
‘‘(2) INFORMATION SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall ensure the link-
age of migratory student record systems for the 
purpose of electronically exchanging, among the 
States, health and educational information re-
garding all migratory students. The Secretary 
shall ensure such linkage occurs in a cost-effec-
tive manner, utilizing systems used by the 
States prior to, or developed after, the date of 
enactment of this Act. The Secretary shall de-
termine the minimum data elements that each 
State receiving funds under this subpart shall 
collect and maintain. Such minimum data ele-
ments may include— 
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‘‘(i) immunization records and other 
health information; 
‘‘(ii) elementary and secondary aca-
demic history (including partial credit), 
credit accrual, and results from State as-
sessments 
required 
under 
section 
1111(b)(2); 
‘‘(iii) other academic information es-
sential to ensuring that migratory children 
achieve to the States’s academic standards; 
and 
‘‘(iv) eligibility for services under the 
Individuals with Disabilities Education 
Act. 
‘‘(B) The Secretary shall consult with 
States before updating the data elements that 
each State receiving funds under this subpart 
shall be required to collect for purposes of elec-
tronic transfer of migratory student information 
and the requirements that States shall meet for 
immediate electronic access to such information. 
‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 
State educational agency or local educational agency 
receiving assistance under this subpart shall make 
student records available to another State edu-
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HR 5 RFS 
cational agency or local educational agency that re-
quests the records at no cost to the requesting agen-
cy, if the request is made in order to meet the needs 
of a migratory child. 
‘‘(4) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than April 
30, 2014, the Secretary shall report to the 
Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on 
Education and the Workforce of the House of 
Representatives the Secretary’s findings and 
recommendations regarding the maintenance 
and transfer of health and educational informa-
tion for migratory students by the States. 
‘‘(B) REQUIRED
CONTENTS.—The Sec-
retary shall include in such report— 
‘‘(i) a review of the progress of States 
in developing and linking electronic records 
transfer systems; 
‘‘(ii) recommendations for maintaining 
such systems; and 
‘‘(iii) recommendations for improving 
the continuity of services provided for mi-
gratory students. 
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‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
reserve not more than $10,000,000 of the amount re-
served under section 1132 to carry out this section for 
each fiscal year. 
‘‘(d) DATA COLLECTION.—The Secretary shall direct 
the National Center for Education Statistics to collect 
data on migratory children. 
‘‘SEC. 1139. DEFINITIONS. 
‘‘As used in this subpart: 
‘‘(1) LOCAL
OPERATING
AGENCY.—The term 
‘local operating agency’ means— 
‘‘(A) a local educational agency to which a 
State educational agency makes a subgrant 
under this subpart; 
‘‘(B) a public or private agency with which 
a State educational agency or the Secretary 
makes an arrangement to carry out a project 
under this subpart; or 
‘‘(C) a State educational agency, if the 
State educational agency operates the State’s 
migratory education program or projects di-
rectly. 
‘‘(2) MIGRATORY CHILD.—The term ‘migratory 
child’ means a child who is, or whose parent or 
spouse is, a migratory agricultural worker, including 
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a migratory dairy worker, or a migratory fisher, and 
who, in the preceding 36 months, in order to obtain, 
or accompany such parent or spouse, in order to ob-
tain, temporary or seasonal employment in agricul-
tural or fishing work— 
‘‘(A) has moved from one school district to 
another; 
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district; or 
‘‘(C) resides in a school district of more 
than 15,000 square miles, and migrates a dis-
tance of 20 miles or more to a temporary resi-
dence to engage in a fishing activity. 
‘‘Subpart 3—Prevention and Intervention Programs 
for Children and Youth Who Are Neglected, De-
linquent, or At-Risk 
‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 
‘‘(a) PURPOSE.—It is the purpose of this subpart— 
‘‘(1) to improve educational services for chil-
dren and youth in local and State institutions for 
neglected or delinquent children and youth so that 
such children and youth have the opportunity to 
meet the same State academic standards that all 
children in the State are expected to meet; 
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‘‘(2) to provide such children and youth with 
the services needed to make a successful transition 
from institutionalization to further schooling or em-
ployment; and 
‘‘(3) to prevent at-risk youth from dropping out 
of school, and to provide dropouts, and children and 
youth returning from correctional facilities or insti-
tutions for neglected or delinquent children and 
youth, with a support system to ensure their contin-
ued education. 
‘‘(b) PROGRAM AUTHORIZED.—From amounts ap-
propriated under section 3(a)(1), the Secretary shall re-
serve 0.305 of one percent to carry out this subpart. 
‘‘(c) GRANTS AWARDED.—From the amounts re-
served under subsection (b) and not reserved under section 
1004 and section 1159, the Secretary shall make grants 
to State educational agencies that have plans submitted 
under section 1154 approved to enable such agencies to 
award subgrants to State agencies and local educational 
agencies to establish or improve programs of education for 
neglected, delinquent, or at-risk children and youth. 
‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB-
PART. 
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 
amount computed under section 1152, the Secretary shall 
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allocate to each State educational agency an amount nec-
essary to make subgrants to State agencies under chapter 
A. 
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 
for the purpose of carrying out chapter B, funds generated 
throughout the State under subpart 1 of this part based 
on children and youth residing in local correctional facili-
ties, or attending community day programs for delinquent 
children and youth. 
‘‘CHAPTER A—STATE AGENCY PROGRAMS 
‘‘SEC. 1151. ELIGIBILITY. 
‘‘A State agency is eligible for assistance under this 
chapter if such State agency is responsible for providing 
free public education for children and youth— 
‘‘(1) in institutions for neglected or delinquent 
children and youth; 
‘‘(2) attending community day programs for ne-
glected or delinquent children and youth; or 
‘‘(3) in adult correctional institutions. 
‘‘SEC. 1152. ALLOCATION OF FUNDS. 
‘‘(a) SUBGRANTS TO STATE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each State agency de-
scribed in section 1151 (other than an agency in the 
Commonwealth of Puerto Rico) is eligible to receive 
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HR 5 RFS 
a subgrant under this chapter, for each fiscal year, 
in an amount equal to the product of— 
‘‘(A) the number of neglected or delinquent 
children and youth described in section 1151 
who— 
‘‘(i) are enrolled for at least 15 hours 
per week in education programs in adult 
correctional institutions; and 
‘‘(ii) are enrolled for at least 20 hours 
per week— 
‘‘(I) in education programs in in-
stitutions for neglected or delinquent 
children and youth; or 
‘‘(II) in community day programs 
for neglected or delinquent children 
and youth; and 
‘‘(B) 40 percent of the average per-pupil 
expenditure in the State, except that the 
amount determined under this subparagraph 
shall not be less than 32 percent, nor more 
than 48 percent, of the average per-pupil ex-
penditure in the United States. 
‘‘(2) SPECIAL RULE.—The number of neglected 
or delinquent children and youth determined under 
paragraph (1) shall— 
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‘‘(A) be determined by the State agency by 
a deadline set by the Secretary, except that no 
State agency shall be required to determine the 
number of such children and youth on a specific 
date set by the Secretary; and 
‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative 
length of such agency’s annual programs. 
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO 
RICO.— 
‘‘(1) IN GENERAL.—For each fiscal year, the 
amount of the subgrant which a State agency in the 
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this chapter shall be the amount deter-
mined by multiplying the number of children count-
ed under subsection (a)(1)(A) for the Common-
wealth of Puerto Rico by the product of— 
‘‘(A) the percentage which the average per- 
pupil expenditure in the Commonwealth of 
Puerto Rico is of the lowest average per-pupil 
expenditure of any of the 50 States; and 
‘‘(B) 32 percent of the average per-pupil 
expenditure in the United States. 
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‘‘(2) MINIMUM PERCENTAGE.—The percentage 
in paragraph (1)(A) shall not be less than 85 per-
cent. 
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI-
CIENT APPROPRIATIONS.—If the amount reserved for any 
fiscal year for subgrants under subsections (a) and (b) is 
insufficient to pay the full amount for which all State 
agencies are eligible under such subsections, the Secretary 
shall ratably reduce each such amount. 
‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 
‘‘If a State educational agency determines that a 
State agency does not need the full amount of the 
subgrant for which such State agency is eligible under this 
chapter for any fiscal year, the State educational agency 
may reallocate the amount that will not be needed to other 
eligible State agencies that need additional funds to carry 
out the purpose of this chapter, in such amounts as the 
State educational agency shall determine. 
‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA-
TIONS. 
‘‘(a) STATE PLAN.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that desires to receive a grant under this 
chapter shall submit, for approval by the Secretary, 
a plan— 
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‘‘(A) for meeting the educational needs of 
neglected, delinquent, and at-risk children and 
youth; 
‘‘(B) for assisting in the transition of chil-
dren and youth from correctional facilities to lo-
cally operated programs; and 
‘‘(C) that is integrated with other pro-
grams under this Act or other Acts, as appro-
priate. 
‘‘(2) CONTENTS.—Each such State plan shall— 
‘‘(A) describe how the State will assess the 
effectiveness of the program in improving the 
academic, career, and technical skills of chil-
dren in the program; 
‘‘(B) provide that, to the extent feasible, 
such children will have the same opportunities 
to achieve as such children would have if such 
children were in the schools of local educational 
agencies in the State; 
‘‘(C) describe how the State will place a 
priority for such children to obtain a regular 
high school diploma, to the extent feasible; and 
‘‘(D) contain an assurance that the State 
educational agency will— 
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‘‘(i) ensure that programs assisted 
under this chapter will be carried out in 
accordance with the State plan described 
in this subsection; 
‘‘(ii) carry out the evaluation require-
ments of section 1171; and 
‘‘(iii) ensure that the State agencies 
receiving subgrants under this chapter 
comply with all applicable statutory and 
regulatory requirements. 
‘‘(3) DURATION
OF
THE
PLAN.—Each such 
State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this chapter; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
chapter. 
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 
‘‘(1) SECRETARIAL APPROVAL.—The Secretary 
shall approve each State plan that meets the re-
quirements of this chapter. 
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HR 5 RFS 
‘‘(2) PEER REVIEW.—The Secretary may review 
any State plan with the assistance and advice of in-
dividuals with relevant expertise. 
‘‘(c) STATE AGENCY APPLICATIONS.—Any State 
agency that desires to receive funds to carry out a pro-
gram under this chapter shall submit an application to 
the State educational agency that— 
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to 
assess the educational needs of the children to be 
served under this chapter; 
‘‘(2) provide an assurance that in making serv-
ices available to children and youth in adult correc-
tional institutions, priority will be given to such chil-
dren and youth who are likely to complete incarcer-
ation within a 2-year period; 
‘‘(3) describes the program, including a budget 
for the first year of the program, with annual up-
dates to be provided to the State educational agency; 
‘‘(4) describes how the program will meet the 
goals and objectives of the State plan; 
‘‘(5) describes how the State agency will consult 
with experts and provide the necessary training for 
appropriate staff, to ensure that the planning and 
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HR 5 RFS 
operation of institution-wide projects under section 
1156 are of high quality; 
‘‘(6) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under title I of Public Law 
105–220, career and technical education programs, 
State and local dropout prevention programs, and 
special education programs; 
‘‘(7) describes how the State agency will en-
courage correctional facilities receiving funds under 
this chapter to coordinate with local educational 
agencies or alternative education programs attended 
by incarcerated children and youth prior to and after 
their incarceration to ensure that student assess-
ments and appropriate academic records are shared 
jointly between the correctional facility and the local 
educational agency or alternative education program; 
‘‘(8) describes how appropriate professional de-
velopment will be provided to teachers and other 
staff; 
‘‘(9) designates an individual in each affected 
correctional facility or institution for neglected or 
delinquent children and youth to be responsible for 
issues relating to the transition of such children and 
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HR 5 RFS 
youth from such facility or institution to locally op-
erated programs; 
‘‘(10) describes how the State agency will en-
deavor to coordinate with businesses for training and 
mentoring for participating children and youth; 
‘‘(11) provides an assurance that the State 
agency will assist in locating alternative programs 
through which students can continue their education 
if the students are not returning to school after leav-
ing the correctional facility or institution for ne-
glected or delinquent children and youth; 
‘‘(12) provides assurances that the State agency 
will work with parents to secure parents’ assistance 
in improving the educational achievement of their 
children and youth, and preventing their children’s 
and youth’s further involvement in delinquent activi-
ties; 
‘‘(13) provides an assurance that the State 
agency will work with children and youth with dis-
abilities in order to meet an existing individualized 
education program and an assurance that the agen-
cy will notify the child’s or youth’s local school if the 
child or youth— 
‘‘(A) is identified as in need of special edu-
cation services while the child or youth is in the 
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correctional facility or institution for neglected 
or delinquent children and youth; and 
‘‘(B) intends to return to the local school; 
‘‘(14) provides an assurance that the State 
agency will work with children and youth who 
dropped out of school before entering the correc-
tional facility or institution for neglected or delin-
quent children and youth to encourage the children 
and youth to reenter school and obtain a regular 
high school diploma once the term of the incarcer-
ation is completed, or provide the child or youth with 
the skills necessary to gain employment, continue 
the education of the child or youth, or obtain a reg-
ular high school diploma or its recognized equivalent 
if the child or youth does not intend to return to 
school; 
‘‘(15) provides an assurance that effective 
teachers and other qualified staff are trained to 
work with children and youth with disabilities and 
other students with special needs taking into consid-
eration the unique needs of such students; 
‘‘(16) describes any additional services to be 
provided to children and youth, such as career coun-
seling, distance education, and assistance in securing 
student loans and grants; and 
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‘‘(17) provides an assurance that the program 
under this chapter will be coordinated with any pro-
grams operated under the Juvenile Justice and De-
linquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) or other comparable programs, if applicable. 
‘‘SEC. 1155. USE OF FUNDS. 
‘‘(a) USES.— 
‘‘(1) IN GENERAL.—A State agency shall use 
funds received under this chapter only for programs 
and projects that— 
‘‘(A) are consistent with the State plan 
under section 1154(a); and 
‘‘(B) concentrate on providing participants 
with the knowledge and skills needed to make 
a successful transition to secondary school com-
pletion, career and technical education, further 
education, or employment without the need for 
remediation. 
‘‘(2) PROGRAMS
AND
PROJECTS.—Such pro-
grams and projects— 
‘‘(A) may include the acquisition of equip-
ment; 
‘‘(B) shall be designed to support edu-
cational services that— 
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‘‘(i) 
except 
for 
institution-wide 
projects under section 1156, are provided 
to children and youth identified by the 
State agency as failing, or most at-risk of 
failing, to meet the State’s academic stand-
ards; 
‘‘(ii) supplement and improve the 
quality of the educational services provided 
to such children and youth by the State 
agency; and 
‘‘(iii) afford such children and youth 
an opportunity to meet State academic 
standards; and 
‘‘(C) shall be carried out in a manner con-
sistent with section 1120A and part C (as ap-
plied to programs and projects under this chap-
ter). 
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program 
under this chapter that supplements the number of hours 
of instruction students receive from State and local 
sources shall be considered to comply with the supplement, 
not supplant requirement of section 1120A (as applied to 
this chapter) without regard to the subject areas in which 
instruction is given during those hours. 
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‘‘SEC. 1156. INSTITUTION-WIDE PROJECTS. 
‘‘A State agency that provides free public education 
for children and youth in an institution for neglected or 
delinquent children and youth (other than an adult correc-
tional institution) or attending a community day program 
for such children and youth may use funds received under 
this chapter to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the 
State agency has developed, and the State educational 
agency has approved, a comprehensive plan for that insti-
tution or program that— 
‘‘(1) provides for a comprehensive assessment 
of the educational needs of all children and youth in 
the institution or program serving juveniles; 
‘‘(2) provides for a comprehensive assessment 
of the educational needs of youth aged 20 and 
younger in adult facilities who are expected to com-
plete incarceration within a 2-year period; 
‘‘(3) describes the steps the State agency has 
taken, or will take, to provide all children and youth 
under age 21 with the opportunity to meet State 
academic standards in order to improve the likeli-
hood that the children and youth will complete sec-
ondary school, obtain a regular high school diploma 
or its recognized equivalent, or find employment 
after leaving the institution; 
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‘‘(4) describes the instructional program, spe-
cialized instructional support services, and proce-
dures that will be used to meet the needs described 
in paragraph (1), including, to the extent feasible, 
the provision of mentors for the children and youth 
described in paragraph (1); 
‘‘(5) specifically describes how such funds will 
be used; 
‘‘(6) describes the measures and procedures 
that will be used to assess and improve student 
achievement; 
‘‘(7) describes how the agency has planned, and 
will implement and evaluate, the institution-wide or 
program-wide project in consultation with personnel 
providing direct instructional services and support 
services in institutions or community day programs 
for neglected or delinquent children and youth, and 
with personnel from the State educational agency; 
and 
‘‘(8) includes an assurance that the State agen-
cy has provided for appropriate training for teachers 
and other instructional and administrative personnel 
to enable such teachers and personnel to carry out 
the project effectively. 
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‘‘SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS. 
‘‘If a State agency operates a program or project 
under this chapter in which individual children or youth 
are likely to participate for more than one year, the State 
educational agency may approve the State agency’s appli-
cation for a subgrant under this chapter for a period of 
not more than 3 years. 
‘‘SEC. 1158. TRANSITION SERVICES. 
‘‘(a) TRANSITION SERVICES.—Each State agency 
shall reserve not less than 15 percent and not more than 
30 percent of the amount such agency receives under this 
chapter for any fiscal year to support— 
‘‘(1) projects that facilitate the transition of 
children and youth from State-operated institutions 
to schools served by local educational agencies; or 
‘‘(2) the successful re-entry of youth offenders, 
who are age 20 or younger and have received a reg-
ular high school diploma or its recognized equiva-
lent, into postsecondary education, or career and 
technical training programs, through strategies de-
signed to expose the youth to, and prepare the youth 
for, postsecondary education, or career and technical 
training programs, such as— 
‘‘(A) preplacement programs that allow ad-
judicated or incarcerated youth to audit or at-
tend courses on college, university, or commu-
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nity college campuses, or through programs 
provided in institutional settings; 
‘‘(B) worksite schools, in which institutions 
of higher education and private or public em-
ployers partner to create programs to help stu-
dents make a successful transition to postsec-
ondary education and employment; and 
‘‘(C) essential support services to ensure 
the success of the youth, such as— 
‘‘(i) personal, career and technical, 
and academic counseling; 
‘‘(ii) placement services designed to 
place the youth in a university, college, or 
junior college program; 
‘‘(iii) information concerning, and as-
sistance in obtaining, available student fi-
nancial aid; 
‘‘(iv) counseling services; and 
‘‘(v) job placement services. 
‘‘(b) CONDUCT OF PROJECTS.—A project supported 
under this section may be conducted directly by the State 
agency, or through a contract or other arrangement with 
one or more local educational agencies, other public agen-
cies, or private organizations. 
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‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a school that receives 
funds under subsection (a) from serving neglected and de-
linquent children and youth simultaneously with students 
with similar educational needs, in the same educational 
settings where appropriate. 
‘‘SEC. 1159. TECHNICAL ASSISTANCE. 
‘‘The Secretary shall reserve not more than 1 percent 
of the amount reserved under section 1141 to provide 
technical assistance to and support State agency programs 
assisted under this chapter. 
‘‘CHAPTER B—LOCAL AGENCY PROGRAMS 
‘‘SEC. 1161. PURPOSE. 
‘‘The purpose of this chapter is to support the oper-
ation of local educational agency programs that involve 
collaboration with locally operated correctional facilities— 
‘‘(1) to carry out high quality education pro-
grams to prepare children and youth for secondary 
school completion, training, employment, or further 
education; 
‘‘(2) to provide activities to facilitate the transi-
tion of such children and youth from the correctional 
program to further education or employment; and 
‘‘(3) to operate programs in local schools for 
children and youth returning from correctional facili-
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ties, and programs which may serve at-risk children 
and youth. 
‘‘SEC. 
1162. 
PROGRAMS 
OPERATED 
BY 
LOCAL 
EDU-
CATIONAL AGENCIES. 
‘‘(a) LOCAL SUBGRANTS.—With funds made avail-
able under section 1142(b), the State educational agency 
shall award subgrants to local educational agencies with 
high numbers or percentages of children and youth resid-
ing in locally operated (including county operated) correc-
tional facilities for children and youth (including facilities 
involved in community day programs). 
‘‘(b) SPECIAL RULE.—A local educational agency 
that serves a school operated by a correctional facility is 
not required to operate a program of support for children 
and youth returning from such school to a school that is 
not operated by a correctional agency but served by such 
local educational agency, if more than 30 percent of the 
children and youth attending the school operated by the 
correctional facility will reside outside the boundaries 
served by the local educational agency after leaving such 
facility. 
‘‘(c) NOTIFICATION.—A State educational agency 
shall notify local educational agencies within the State of 
the eligibility of such agencies to receive a subgrant under 
this chapter. 
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‘‘(d) TRANSITIONAL
AND ACADEMIC SERVICES.— 
Transitional and supportive programs operated in local 
educational agencies under this chapter shall be designed 
primarily to meet the transitional and academic needs of 
students returning to local educational agencies or alter-
native education programs from correctional facilities. 
Services to students at-risk of dropping out of school shall 
not have a negative impact on meeting the transitional and 
academic needs of the students returning from correc-
tional facilities. 
‘‘SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 
‘‘Each local educational agency desiring assistance 
under this chapter shall submit an application to the State 
educational agency that contains such information as the 
State educational agency may require. Each such applica-
tion shall include— 
‘‘(1) a description of the program to be as-
sisted; 
‘‘(2) a description of formal agreements, re-
garding the program to be assisted, between— 
‘‘(A) the local educational agency; and 
‘‘(B) correctional facilities and alternative 
school programs serving children and youth in-
volved with the juvenile justice system; 
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‘‘(3) as appropriate, a description of how par-
ticipating schools will coordinate with facilities work-
ing with delinquent children and youth to ensure 
that such children and youth are participating in an 
education program comparable to one operating in 
the local school such youth would attend; 
‘‘(4) a description of the program operated by 
participating schools for children and youth return-
ing from correctional facilities and, as appropriate, 
the types of services that such schools will provide 
such children and youth and other at-risk children 
and youth; 
‘‘(5) a description of the characteristics (includ-
ing learning difficulties, substance abuse problems, 
and other needs) of the children and youth who will 
be returning from correctional facilities and, as ap-
propriate, other at-risk children and youth expected 
to be served by the program, and a description of 
how the school will coordinate existing educational 
programs to meet the unique educational needs of 
such children and youth; 
‘‘(6) as appropriate, a description of how 
schools will coordinate with existing social, health, 
and other services to meet the needs of students re-
turning from correctional facilities and at-risk chil-
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dren or youth, including prenatal health care and 
nutrition services related to the health of the parent 
and the child or youth, parenting and child develop-
ment classes, child care, targeted reentry and out-
reach programs, referrals to community resources, 
and scheduling flexibility; 
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training, 
curriculum-based youth entrepreneurship education, 
and mentoring services for participating students; 
‘‘(8) as appropriate, a description of how the 
program will involve parents in efforts to improve 
the educational achievement of their children, assist 
in dropout prevention activities, and prevent the in-
volvement of their children in delinquent activities; 
‘‘(9) a description of how the program under 
this chapter will be coordinated with other Federal, 
State, and local programs, such as programs under 
title I of Public Law 105–220 and career and tech-
nical education programs serving at-risk children 
and youth; 
‘‘(10) a description of how the program will be 
coordinated with programs operated under the Juve-
nile Justice and Delinquency Prevention Act of 1974 
and other comparable programs, if applicable; 
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‘‘(11) as appropriate, a description of how 
schools will work with probation officers to assist in 
meeting the needs of children and youth returning 
from correctional facilities; 
‘‘(12) a description of the efforts participating 
schools will make to ensure correctional facilities 
working with children and youth are aware of a 
child’s or youth’s existing individualized education 
program; and 
‘‘(13) as appropriate, a description of the steps 
participating schools will take to find alternative 
placements for children and youth interested in con-
tinuing their education but unable to participate in 
a traditional public school program. 
‘‘SEC. 1164. USES OF FUNDS. 
‘‘(a) IN GENERAL.—Funds provided to local edu-
cational agencies under this chapter may be used, as ap-
propriate, for— 
‘‘(1) programs that serve children and youth re-
turning to local schools from correctional facilities, 
to assist in the transition of such children and youth 
to the school environment and help them remain in 
school in order to complete their education; 
‘‘(2) dropout prevention programs which serve 
at-risk children and youth; 
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‘‘(3) the coordination of health and social serv-
ices for such individuals if there is a likelihood that 
the provision of such services, including day care, 
drug and alcohol counseling, and mental health serv-
ices, will improve the likelihood such individuals will 
complete their education; 
‘‘(4) special programs to meet the unique aca-
demic needs of participating children and youth, in-
cluding career and technical education, special edu-
cation, career counseling, curriculum-based youth 
entrepreneurship education, and assistance in secur-
ing student loans or grants for postsecondary edu-
cation; and 
‘‘(5) programs providing mentoring and peer 
mediation. 
‘‘(b) CONTRACTS AND GRANTS.—A local educational 
agency may use a grant received under this chapter to 
carry out the activities described under paragraphs (1) 
through (5) of subsection (a) directly or through grants, 
contracts, or cooperative agreements. 
‘‘SEC. 
1165. 
PROGRAM 
REQUIREMENTS 
FOR 
CORREC-
TIONAL 
FACILITIES 
RECEIVING 
FUNDS 
UNDER THIS SECTION. 
‘‘Each correctional facility entering into an agree-
ment with a local educational agency under section 
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1163(2) to provide services to children and youth under 
this chapter shall— 
‘‘(1) where feasible, ensure that educational 
programs in the correctional facility are coordinated 
with the student’s home school, particularly with re-
spect to a student with an individualized education 
program under part B of the Individuals with Dis-
abilities Education Act; 
‘‘(2) if the child or youth is identified as in 
need of special education services while in the cor-
rectional facility, notify the local school of the child 
or youth of such need; 
‘‘(3) where feasible, provide transition assist-
ance to help the child or youth stay in school, in-
cluding coordination of services for the family, coun-
seling, assistance in accessing drug and alcohol 
abuse prevention programs, tutoring, and family 
counseling; 
‘‘(4) provide support programs that encourage 
children and youth who have dropped out of school 
to re-enter school and obtain a regular high school 
diploma once their term at the correctional facility 
has been completed, or provide such children and 
youth with the skills necessary to gain employment 
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or seek a regular high school diploma or its recog-
nized equivalent; 
‘‘(5) work to ensure that the correctional facil-
ity is staffed with effective teachers and other quali-
fied staff who are trained to work with children and 
youth with disabilities taking into consideration the 
unique needs of such children and youth; 
‘‘(6) ensure that educational programs in the 
correctional facility are related to assisting students 
to meet the States’s academic standards; 
‘‘(7) to the extent possible, use technology to 
assist in coordinating educational programs between 
the correctional facility and the community school; 
‘‘(8) where feasible, involve parents in efforts to 
improve the educational achievement of their chil-
dren and prevent the further involvement of such 
children in delinquent activities; 
‘‘(9) coordinate funds received under this chap-
ter with other local, State, and Federal funds avail-
able to provide services to participating children and 
youth, such as funds made available under title I of 
Public Law 105–220, and career and technical edu-
cation funds; 
‘‘(10) coordinate programs operated under this 
chapter with activities funded under the Juvenile 
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Justice and Delinquency Prevention Act of 1974 and 
other comparable programs, if applicable; 
‘‘(11) if appropriate, work with local businesses 
to develop training, curriculum-based youth entre-
preneurship education, and mentoring programs for 
children and youth; and 
‘‘(12) consult with the local educational agency 
for a period jointly determined necessary by the cor-
rectional facility and local educational agency upon 
discharge from that facility to coordinate educational 
services so as to minimize disruption to the child’s 
or youth’s achievement. 
‘‘SEC. 1166. ACCOUNTABILITY. 
‘‘The State educational agency— 
‘‘(1) may require correctional facilities or insti-
tutions for neglected or delinquent children and 
youth to demonstrate, after receiving assistance 
under this chapter for 3 years, that there has been 
an increase in the number of children and youth re-
turning to school, obtaining a regular high school di-
ploma or its recognized equivalent, or obtaining em-
ployment after such children and youth are released; 
and 
‘‘(2) may reduce or terminate funding for 
projects under this chapter if a local educational 
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agency does not show progress in the number of 
children and youth obtaining a regular high school 
diploma or its recognized equivalent. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1171. PROGRAM EVALUATIONS. 
‘‘(a) SCOPE OF EVALUATION.—Each State agency or 
local educational agency that conducts a program under 
chapters 
A 
or 
B 
shall 
evaluate 
the 
program, 
disaggregating data on participation by gender, race, eth-
nicity, and age, not less than once every 3 years, to deter-
mine the program’s impact on the ability of participants— 
‘‘(1) to maintain and improve educational 
achievement; 
‘‘(2) to accrue school credits that meet State re-
quirements for grade promotion and high school 
graduation; 
‘‘(3) to make the transition to a regular pro-
gram or other education program operated by a local 
educational agency; 
‘‘(4) to complete high school (or high school 
equivalency requirements) and obtain employment 
after leaving the correctional facility or institution 
for neglected or delinquent children and youth; and 
‘‘(5) as appropriate, to participate in postsec-
ondary education and job training programs. 
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‘‘(b) 
EXCEPTION.—The 
disaggregation 
required 
under subsection (a) shall not be required in a case in 
which the number of students in a category is insufficient 
to yield statistically reliable information or the results 
would reveal personally identifiable information about an 
individual student. 
‘‘(c) EVALUATION MEASURES.—In conducting each 
evaluation under subsection (a), a State agency or local 
educational agency shall use multiple and appropriate 
measures of student progress. 
‘‘(d) EVALUATION RESULTS.—Each State agency 
and local educational agency shall— 
‘‘(1) submit evaluation results to the State edu-
cational agency and the Secretary; and 
‘‘(2) use the results of evaluations under this 
section to plan and improve subsequent programs 
for participating children and youth. 
‘‘SEC. 1172. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ADULT
CORRECTIONAL
INSTITUTION.— 
The term ‘adult correctional institution’ means a fa-
cility in which persons (including persons under 21 
years of age) are confined as a result of a conviction 
for a criminal offense. 
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‘‘(2) AT-RISK.—The term ‘at-risk’, when used 
with respect to a child, youth, or student, means a 
school-aged individual who— 
‘‘(A) is at-risk of academic failure; and 
‘‘(B) has a drug or alcohol problem, is 
pregnant or is a parent, has come into contact 
with the juvenile justice system in the past, is 
at least 1 year behind the expected grade level 
for the age of the individual, is an English 
learner, is a gang member, has dropped out of 
school in the past, or has a high absenteeism 
rate at school. 
‘‘(3) COMMUNITY
DAY
PROGRAM.—The term 
‘community day program’ means a regular program 
of instruction provided by a State agency at a com-
munity day school operated specifically for neglected 
or delinquent children and youth. 
‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN-
QUENT CHILDREN AND YOUTH.—The term ‘institu-
tion for neglected or delinquent children and youth’ 
means— 
‘‘(A) a public or private residential facility, 
other than a foster home, that is operated for 
the care of children who have been committed 
to the institution or voluntarily placed in the in-
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stitution under applicable State law, due to 
abandonment, neglect, or death of their parents 
or guardians; or 
‘‘(B) a public or private residential facility 
for the care of children who have been adju-
dicated to be delinquent or in need of super-
vision. 
‘‘Subpart 4—English Language Acquisition, 
Language Enhancement, and Academic Achievement 
‘‘SEC. 1181. PURPOSES. 
‘‘The purposes of this subpart are— 
‘‘(1) to help ensure that English learners, in-
cluding immigrant children and youth, attain 
English proficiency and develop high levels of aca-
demic achievement in English; 
‘‘(2) to assist all English learners, including im-
migrant children and youth, to achieve at high levels 
in the core academic subjects so that those children 
can meet the same State academic standards that all 
children are expected to meet, consistent with sec-
tion 1111(b)(1); 
‘‘(3) to assist State educational agencies, local 
educational agencies, and schools in establishing, im-
plementing, and sustaining high-quality, flexible, evi-
dence-based language instruction educational pro-
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grams designed to assist in teaching English learn-
ers, including immigrant children and youth; 
‘‘(4) to assist State educational agencies and 
local educational agencies to develop and enhance 
their capacity to provide high-quality, evidence-based 
instructional programs designed to prepare English 
learners, including immigrant children and youth, to 
enter all-English instruction settings; and 
‘‘(5) to promote parental and community par-
ticipation in language instruction educational pro-
grams for the parents and communities of English 
learners. 
‘‘CHAPTER A—GRANTS AND SUBGRANTS 
FOR ENGLISH LANGUAGE ACQUISI-
TION AND LANGUAGE ENHANCEMENT 
‘‘SEC. 1191. FORMULA GRANTS TO STATES. 
‘‘(a) IN GENERAL.—In the case of each State edu-
cational agency having a plan approved by the Secretary 
for a fiscal year under section 1192, the Secretary shall 
reserve 4.4 percent of funds appropriated under section 
3(a)(1) to make a grant for the year to the agency for 
the purposes specified in subsection (b). The grant shall 
consist of the allotment determined for the State edu-
cational agency under subsection (c). 
‘‘(b) USE OF FUNDS.— 
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‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The 
Secretary may make a grant under subsection (a) 
only if the State educational agency involved agrees 
to expend at least 95 percent of the State edu-
cational agency’s allotment under subsection (c) for 
a fiscal year— 
‘‘(A) to award subgrants, from allocations 
under section 1193, to eligible entities to carry 
out the activities described in section 1194 
(other than subsection (e)); and 
‘‘(B) to award subgrants under section 
1193(d)(1) to eligible entities that are described 
in that section to carry out the activities de-
scribed in section 1194(e). 
‘‘(2) STATE ACTIVITIES.—Subject to paragraph 
(3), each State educational agency receiving a grant 
under subsection (a) may reserve not more than 5 
percent of the agency’s allotment under subsection 
(c) to carry out the following activities: 
‘‘(A) Professional development activities, 
and other activities, which may include assisting 
personnel in— 
‘‘(i) meeting State and local certifi-
cation and licensing requirements for 
teaching English learners; and 
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‘‘(ii) improving teacher skills in meet-
ing the diverse needs of English learners, 
including in how to implement evidence- 
based programs and curricula on teaching 
English learners. 
‘‘(B) Planning, evaluation, administration, 
and interagency coordination related to the sub-
grants referred to in paragraph (1). 
‘‘(C) Providing technical assistance and 
other forms of assistance to eligible entities that 
are receiving subgrants from a State edu-
cational agency under this chapter, including 
assistance in— 
‘‘(i) identifying and implementing evi-
dence-based 
language 
instruction 
edu-
cational programs and curricula for teach-
ing English learners; 
‘‘(ii) helping English learners meet 
the same State academic standards that all 
children are expected to meet; 
‘‘(iii) identifying or developing, and 
implementing, measures of English pro-
ficiency; and 
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‘‘(iv) strengthening and increasing 
parent, family, and community engage-
ment. 
‘‘(D) Providing recognition, which may in-
clude providing financial awards, to subgrantees 
that have significantly improved the achieve-
ment and progress of English learners in— 
‘‘(i) reaching English language pro-
ficiency, based on the State’s English lan-
guage proficiency assessment under section 
1111(b)(2)(D); and 
‘‘(ii) meeting the State academic 
standards under section 1111(b)(1). 
‘‘(3) ADMINISTRATIVE
EXPENSES.—From the 
amount reserved under paragraph (2), a State edu-
cational agency may use not more than 40 percent 
of such amount or $175,000, whichever is greater, 
for the planning and administrative costs of carrying 
out paragraphs (1) and (2). 
‘‘(c) RESERVATIONS AND ALLOTMENTS.— 
‘‘(1) RESERVATIONS.—From the amount re-
served under section 1191(a) for each fiscal year, 
the Secretary shall reserve— 
‘‘(A) 0.5 percent of such amount for pay-
ments to outlying areas, to be allotted in ac-
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cordance with their respective needs for assist-
ance under this chapter, as determined by the 
Secretary, for activities, approved by the Sec-
retary, consistent with this chapter; and 
‘‘(B) 6.5 percent of such amount for na-
tional activities under sections 1211 and 1222, 
except that not more than $2,000,000 of such 
amount may be reserved for the National Clear-
inghouse for English Language Acquisition and 
Language Instruction Educational Programs 
described in section 1222. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), from the amount reserved 
under section 1191(a) for each fiscal year that 
remains after making the reservations under 
paragraph (1), the Secretary shall allot to each 
State educational agency having a plan ap-
proved under section 1192(c)— 
‘‘(i) an amount that bears the same 
relationship to 80 percent of the remainder 
as the number of English learners in the 
State bears to the number of such children 
in all States, as determined by data avail-
able from the American Community Survey 
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conducted by the Department of Commerce 
or State-reported data; and 
‘‘(ii) an amount that bears the same 
relationship to 20 percent of the remainder 
as the number of immigrant children and 
youth in the State bears to the number of 
such children and youth in all States, as 
determined based only on data available 
from the American Community Survey 
conducted by the Department of Com-
merce. 
‘‘(B) MINIMUM
ALLOTMENTS.—No State 
educational agency shall receive an allotment 
under this paragraph that is less than 
$500,000. 
‘‘(C) REALLOTMENT.—If any State edu-
cational agency described in subparagraph (A) 
does not submit a plan to the Secretary for a 
fiscal year, or submits a plan (or any amend-
ment to a plan) that the Secretary, after rea-
sonable notice and opportunity for a hearing, 
determines does not satisfy the requirements of 
this chapter, the Secretary shall reallot any por-
tion of such allotment to the remaining State 
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educational agencies in accordance with sub-
paragraph (A). 
‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 
The total amount allotted to Puerto Rico for 
any fiscal year under subparagraph (A) shall 
not exceed 0.5 percent of the total amount al-
lotted to all States for that fiscal year. 
‘‘(3) USE OF DATA FOR DETERMINATIONS.—In 
making State allotments under paragraph (2) for 
each fiscal year, the Secretary shall determine the 
number of English learners in a State and in all 
States, using the most accurate, up-to-date data, 
which shall be— 
‘‘(A) data from the American Community 
Survey conducted by the Department of Com-
merce, which may be multiyear estimates; 
‘‘(B) the number of students being as-
sessed for English language proficiency, based 
on the State’s English language proficiency as-
sessment under section 1111(b)(2)(D), which 
may be multiyear estimates; or 
‘‘(C) a combination of data available under 
subparagraphs (A) and (B). 
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‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLAN
REQUIRED.—Each State educational 
agency desiring a grant under this chapter shall submit 
a plan to the Secretary at such time and in such manner 
as the Secretary may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the process that the agency will 
use in awarding subgrants to eligible entities under 
section 1193(d)(1); 
‘‘(2) provide an assurance that— 
‘‘(A) the agency will ensure that eligible 
entities receiving a subgrant under this chapter 
comply 
with 
the 
requirement 
in 
section 
1111(b)(2)(B)(x) to annually assess in English 
learners who have been in the United States for 
3 or more consecutive years; 
‘‘(B) the agency will ensure that eligible 
entities receiving a subgrant under this chapter 
annually assess the English proficiency of all 
English learners participating in a program 
funded under this chapter, consistent with sec-
tion 1111(b)(2)(D); 
‘‘(C) in awarding subgrants under section 
1193, the agency will address the needs of 
school systems of all sizes and in all geographic 
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areas, including school systems with rural and 
urban schools; 
‘‘(D) subgrants to eligible entities under 
section 1193(d)(1) will be of sufficient size and 
scope to allow such entities to carry out high- 
quality, evidence-based language instruction 
educational programs for English learners; 
‘‘(E) the agency will require an eligible en-
tity receiving a subgrant under this chapter to 
use the subgrant in ways that will build such 
recipient’s capacity to continue to offer high- 
quality evidence-based language instruction edu-
cational programs that assist English learners 
in meeting State academic standards; 
‘‘(F) the agency will monitor the eligible 
entity receiving a subgrant under this chapter 
for compliance with applicable Federal fiscal re-
quirements; and 
‘‘(G) the plan has been developed in con-
sultation with local educational agencies, teach-
ers, administrators of programs implemented 
under this chapter, parents, and other relevant 
stakeholders; 
‘‘(3) describe how the agency will coordinate its 
programs and activities under this chapter with 
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other programs and activities under this Act and 
other Acts, as appropriate; 
‘‘(4) describe how eligible entities in the State 
will be given the flexibility to teach English learn-
ers— 
‘‘(A) using a high-quality, evidence-based 
language instruction curriculum for teaching 
English learners; and 
‘‘(B) in the manner the eligible entities de-
termine to be the most effective; and 
‘‘(5) describe how the agency will assist eligible 
entities in increasing the number of English learners 
who acquire English proficiency. 
‘‘(c) APPROVAL.—The Secretary, after using a peer 
review process, shall approve a plan submitted under sub-
section (a) if the plan meets the requirements of this sec-
tion. 
‘‘(d) DURATION OF PLAN.— 
‘‘(1) IN GENERAL.—Each plan submitted by a 
State educational agency and approved under sub-
section (c) shall— 
‘‘(A) remain in effect for the duration of 
the agency’s participation under this chapter; 
and 
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‘‘(B) be periodically reviewed and revised 
by the agency, as necessary, to reflect changes 
to the agency’s strategies and programs carried 
out under this subpart. 
‘‘(2) ADDITIONAL INFORMATION.— 
‘‘(A) AMENDMENTS.—If the State edu-
cational agency amends the plan, the agency 
shall submit such amendment to the Secretary. 
‘‘(B) APPROVAL.—The Secretary shall ap-
prove such amendment to an approved plan, 
unless the Secretary determines that the 
amendment will result in the agency not meet-
ing the requirements, or fulfilling the purposes, 
of this subpart. 
‘‘(e) CONSOLIDATED PLAN.—A plan submitted under 
subsection (a) may be submitted as part of a consolidated 
plan under section 5302. 
‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 
provide technical assistance, if requested, in the develop-
ment of English proficiency standards and assessments. 
‘‘SEC. 1193. WITHIN-STATE ALLOCATIONS. 
‘‘(a) IN GENERAL.—After making the reservation re-
quired under subsection (d)(1), each State educational 
agency receiving a grant under section 1191(c)(2) shall 
award subgrants for a fiscal year by allocating in a timely 
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manner to each eligible entity in the State having a plan 
approved under section 1195 an amount that bears the 
same relationship to the amount received under the grant 
and remaining after making such reservation as the popu-
lation of English learners in schools served by the eligible 
entity bears to the population of English learners in 
schools served by all eligible entities in the State. 
‘‘(b) LIMITATION.—A State educational agency shall 
not award a subgrant from an allocation made under sub-
section (a) if the amount of such subgrant would be less 
than $10,000. 
‘‘(c) REALLOCATION.—Whenever a State educational 
agency determines that an amount from an allocation 
made to an eligible entity under subsection (a) for a fiscal 
year will not be used by the entity for the purpose for 
which the allocation was made, the agency shall, in accord-
ance with such rules as it determines to be appropriate, 
reallocate such amount, consistent with such subsection, 
to other eligible entities in the State that the agency deter-
mines will use the amount to carry out that purpose. 
‘‘(d) REQUIRED RESERVATION.—A State educational 
agency receiving a grant under this chapter for a fiscal 
year— 
‘‘(1) shall reserve not more than 15 percent of 
the agency’s allotment under section 1191(c)(2) to 
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award subgrants to eligible entities in the State that 
have experienced a significant increase, as compared 
to the average of the 2 preceding fiscal years, in the 
percentage or number of immigrant children and 
youth, who have enrolled, during the fiscal year pre-
ceding the fiscal year for which the subgrant is 
made, in public and nonpublic elementary schools 
and secondary schools in the geographic areas under 
the jurisdiction of, or served by, such entities; and 
‘‘(2) in awarding subgrants under paragraph 
(1)— 
‘‘(A) shall equally consider eligible entities 
that satisfy the requirement of such paragraph 
but have limited or no experience in serving im-
migrant children and youth; and 
‘‘(B) shall consider the quality of each 
local plan under section 1195 and ensure that 
each subgrant is of sufficient size and scope to 
meet the purposes of this subpart. 
‘‘SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES. 
‘‘(a) PURPOSES
OF
SUBGRANTS.—A State edu-
cational agency may make a subgrant to an eligible entity 
from funds received by the agency under this chapter only 
if the entity agrees to expend the funds to improve the 
education of English learners, by assisting the children to 
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learn English and meet State academic standards. In car-
rying out activities with such funds, the eligible entity 
shall use evidence-based approaches and methodologies for 
teaching English learners and immigrant children and 
youth for the following purposes: 
‘‘(1) Developing and implementing new lan-
guage instruction educational programs and aca-
demic content instruction programs for English 
learners and immigrant children and youth, includ-
ing programs of early childhood education, elemen-
tary school programs, and secondary school pro-
grams. 
‘‘(2) Carrying out highly focused, innovative, lo-
cally designed, evidence-based activities to expand or 
enhance existing language instruction educational 
programs and academic content instruction pro-
grams for English learners and immigrant children 
and youth. 
‘‘(3) Implementing, within an individual school, 
schoolwide programs for restructuring, reforming, 
and upgrading all relevant programs, activities, and 
operations relating to language instruction edu-
cational programs and academic content instruction 
for English learners and immigrant children and 
youth. 
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‘‘(4) Implementing, within the entire jurisdic-
tion of a local educational agency, agencywide pro-
grams for restructuring, reforming, and upgrading 
all relevant programs, activities, and operations re-
lating to language instruction educational programs 
and academic content instruction for English learn-
ers and immigrant children and youth. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible en-
tity receiving funds under section 1193(a) for a fiscal year 
shall use not more than 2 percent of such funds for the 
cost of administering this chapter. 
‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi-
ble entity receiving funds under section 1193(a) shall use 
the funds— 
‘‘(1) to increase the English language pro-
ficiency of English learners by providing high-qual-
ity, evidence-based language instruction educational 
programs that meet the needs of English learners 
and have demonstrated success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement in the 
core academic subjects; 
‘‘(2) to provide high-quality, evidence-based 
professional development to classroom teachers (in-
cluding teachers in classroom settings that are not 
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the settings of language instruction educational pro-
grams), school leaders, administrators, and other 
school or community-based organization personnel, 
that is— 
‘‘(A) designed to improve the instruction 
and assessment of English learners; 
‘‘(B) designed to enhance the ability of 
teachers and school leaders to understand and 
implement curricula, assessment practices and 
measures, and instruction strategies for English 
learners; 
‘‘(C) evidence-based in increasing chil-
dren’s English language proficiency or substan-
tially increasing the subject matter knowledge, 
teaching knowledge, and teaching skills of 
teachers; and 
‘‘(D) of sufficient intensity and duration 
(which shall not include activities such as one- 
day or short-term workshops and conferences) 
to have a positive and lasting impact on the 
teachers’ performance in the classroom, except 
that this subparagraph shall not apply to an ac-
tivity that is one component of a long-term, 
comprehensive professional development plan 
established by a teacher and the teacher’s su-
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pervisor based on an assessment of the needs of 
the teacher, the supervisor, the students of the 
teacher, and any local educational agency em-
ploying the teacher, as appropriate; and 
‘‘(3) to provide and implement other evidence- 
based activities and strategies that enhance or sup-
plement language instruction educational programs 
for English learners, including parental and commu-
nity engagement activities and strategies that serve 
to coordinate and align related programs. 
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Sub-
ject to subsection (c), an eligible entity receiving funds 
under section 1193(a) may use the funds to achieve one 
of the purposes described in subsection (a) by undertaking 
one or more of the following activities: 
‘‘(1) Upgrading program objectives and effec-
tive instruction strategies. 
‘‘(2) Improving the instruction program for 
English learners by identifying, acquiring, and up-
grading curricula, instruction materials, educational 
software, and assessment procedures. 
‘‘(3) Providing to English learners— 
‘‘(A) tutorials and academic or career edu-
cation for English learners; and 
‘‘(B) intensified instruction. 
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‘‘(4) Developing and implementing elementary 
school or secondary school language instruction edu-
cational programs that are coordinated with other 
relevant programs and services. 
‘‘(5) Improving the English language pro-
ficiency and academic achievement of English learn-
ers. 
‘‘(6) Providing community participation pro-
grams, family literacy services, and parent outreach 
and training activities to English learners and their 
families— 
‘‘(A) to improve the English language 
skills of English learners; and 
‘‘(B) to assist parents in helping their chil-
dren to improve their academic achievement 
and becoming active participants in the edu-
cation of their children. 
‘‘(7) Improving the instruction of English learn-
ers by providing for— 
‘‘(A) the acquisition or development of 
educational technology or instructional mate-
rials; 
‘‘(B) access to, and participation in, elec-
tronic networks for materials, training, and 
communication; and 
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‘‘(C) incorporation of the resources de-
scribed in subparagraphs (A) and (B) into cur-
ricula and programs, such as those funded 
under this chapter. 
‘‘(8) Carrying out other activities that are con-
sistent with the purposes of this section. 
‘‘(e) ACTIVITIES BY AGENCIES EXPERIENCING SUB-
STANTIAL INCREASES
IN IMMIGRANT CHILDREN
AND 
YOUTH.— 
‘‘(1) IN GENERAL.—An eligible entity receiving 
funds under section 1193(d)(1) shall use the funds 
to pay for activities that provide enhanced instruc-
tional opportunities for immigrant children and 
youth, which may include— 
‘‘(A) family literacy, parent outreach, and 
training activities designed to assist parents to 
become active participants in the education of 
their children; 
‘‘(B) support for personnel, including para-
professionals who have been specifically trained, 
or are being trained, to provide services to im-
migrant children and youth; 
‘‘(C) provision of tutorials, mentoring, and 
academic or career counseling for immigrant 
children and youth; 
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‘‘(D) identification, development, and ac-
quisition of curricular materials, educational 
software, and technologies to be used in the 
program carried out with awarded funds; 
‘‘(E) basic instruction services that are di-
rectly attributable to the presence in the local 
educational agency involved of immigrant chil-
dren and youth, including the payment of costs 
of providing additional classroom supplies, costs 
of transportation, or such other costs as are di-
rectly attributable to such additional basic in-
struction services; 
‘‘(F) other instruction services that are de-
signed to assist immigrant children and youth 
to achieve in elementary schools and secondary 
schools in the United States, such as programs 
of introduction to the educational system and 
civics education; and 
‘‘(G) activities, coordinated with commu-
nity-based organizations, institutions of higher 
education, private sector entities, or other enti-
ties with expertise in working with immigrants, 
to assist parents of immigrant children and 
youth by offering comprehensive community 
services. 
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‘‘(2) DURATION OF SUBGRANTS.—The duration 
of a subgrant made by a State educational agency 
under section 1193(d)(1) shall be determined by the 
agency in its discretion. 
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 
‘‘(1) IN GENERAL.—To receive a subgrant from 
a State educational agency under this chapter, an el-
igible entity shall select one or more methods or 
forms of instruction to be used in the programs and 
activities undertaken by the entity to assist English 
learners to attain English language proficiency and 
meet State academic standards. 
‘‘(2) CONSISTENCY.—Such selection shall be 
consistent with sections 1204 through 1206. 
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 
made available under this chapter shall be used so as to 
supplement the level of Federal, State, and local public 
funds that, in the absence of such availability, would have 
been expended for programs for English learners and im-
migrant children and youth and in no case to supplant 
such Federal, State, and local public funds. 
‘‘SEC. 1195. LOCAL PLANS. 
‘‘(a) PLAN REQUIRED.—Each eligible entity desiring 
a subgrant from the State educational agency under sec-
tion 1193 shall submit a plan to the State educational 
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agency at such time, in such manner, and containing such 
information as the State educational agency may require. 
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall— 
‘‘(1) describe the evidence-based programs and 
activities proposed to be developed, implemented, 
and administered under the subgrant that will help 
English learners increase their English language 
proficiency and meet the State academic standards; 
‘‘(2) describe how the eligible entity will hold el-
ementary schools and secondary schools receiving 
funds under this chapter accountable for annually 
assessing the English language proficiency of all 
children participating under this subpart, consistent 
with section 1111(b); 
‘‘(3) describe how the eligible entity will pro-
mote parent and community engagement in the edu-
cation of English learners; 
‘‘(4) contain an assurance that the eligible enti-
ty consulted with teachers, researchers, school ad-
ministrators, parents and community members, pub-
lic or private organizations, and institutions of high-
er education, in developing and implementing such 
plan; 
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‘‘(5) describe how language instruction edu-
cational programs carried out under the subgrant 
will ensure that English learners being served by the 
programs develop English language proficiency; and 
‘‘(6) contain assurances that— 
‘‘(A) each local educational agency that is 
included in the eligible entity is complying with 
section 1112(g) prior to, and throughout, each 
school year; and 
‘‘(B) the eligible entity is not in violation 
of any State law, including State constitutional 
law, regarding the education of English learn-
ers, consistent with sections 1205 and 1206. 
‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible 
entity receiving a subgrant under section 1193 shall in-
clude in its plan a certification that all teachers in any 
language instruction educational program for English 
learners that is, or will be, funded under this subpart are 
fluent in English and any other language used for instruc-
tion, including having written and oral communications 
skills. 
‘‘CHAPTER B—ADMINISTRATION 
‘‘SEC. 1201. REPORTING. 
‘‘(a) IN GENERAL.—Each eligible entity that receives 
a subgrant from a State educational agency under chapter 
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A shall provide such agency, at the conclusion of every 
second fiscal year during which the subgrant is received, 
with a report, in a form prescribed by the agency, on the 
activities conducted and students served under this sub-
part that includes— 
‘‘(1) a description of the programs and activi-
ties conducted by the entity with funds received 
under chapter A during the two immediately pre-
ceding fiscal years, including how such programs 
and activities supplemented programs funded pri-
marily with State or local funds; 
‘‘(2) a description of the progress made by 
English learners in learning the English language 
and in meeting State academic standards; 
‘‘(3) the number and percentage of English 
learners in the programs and activities attaining 
English language proficiency based on the State 
English language proficiency standards established 
under section 1111(b)(1)(E) by the end of each 
school year, as determined by the State’s English 
language proficiency assessment under section 
1111(b)(2)(D); 
‘‘(4) the number of English learners who exit 
the language instruction educational programs based 
on their attainment of English language proficiency 
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and transitioned to classrooms not tailored for 
English learners; 
‘‘(5) a description of the progress made by 
English learners in meeting the State academic 
standards for each of the 2 years after such children 
are no longer receiving services under this subpart; 
‘‘(6) the number and percentage of English 
learners who have not attained English language 
proficiency within five years of initial classification 
as an English learner and first enrollment in the 
local educational agency; and 
‘‘(7) any such other information as the State 
educational agency may require. 
‘‘(b) USE OF REPORT.—A report provided by an eli-
gible entity under subsection (a) shall be used by the enti-
ty and the State educational agency— 
‘‘(1) to determine the effectiveness of programs 
and activities in assisting children who are English 
learners— 
‘‘(A) to attain English language pro-
ficiency; and 
‘‘(B) to make progress in meeting State 
academic standards under section 1111(b)(1); 
and 
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‘‘(2) upon determining the effectiveness of pro-
grams and activities based on the criteria in para-
graph (1), to decide how to improve programs. 
‘‘SEC. 1202. ANNUAL REPORT. 
‘‘(a) STATES.—Based upon the reports provided to 
a State educational agency under section 1201, each such 
agency that receives a grant under this subpart shall pre-
pare and submit annually to the Secretary a report on pro-
grams and activities carried out by the State educational 
agency under this subpart and the effectiveness of such 
programs and activities in improving the education pro-
vided to English learners. 
‘‘(b) SECRETARY.—Annually, the Secretary shall pre-
pare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate a report— 
‘‘(1) on programs and activities carried out to 
serve English learners under this subpart, and the 
effectiveness of such programs and activities in im-
proving the academic achievement and English lan-
guage proficiency of English learners; 
‘‘(2) on the types of language instruction edu-
cational programs used by local educational agencies 
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or eligible entities receiving funding under this sub-
part to teach English learners; 
‘‘(3) containing a critical synthesis of data re-
ported by eligible entities to States under section 
1201(a); 
‘‘(4) containing a description of technical assist-
ance and other assistance provided by State edu-
cational agencies under section 1191(b)(2)(C); 
‘‘(5) containing an estimate of the number of 
effective teachers working in language instruction 
educational programs and educating English learn-
ers, and an estimate of the number of such teachers 
that will be needed for the succeeding 5 fiscal years; 
‘‘(6) containing the number of programs or ac-
tivities, if any, that were terminated because the en-
tities carrying out the programs or activities were 
not able to reach program goals; 
‘‘(7) containing the number of English learners 
served by eligible entities receiving funding under 
this subpart who were transitioned out of language 
instruction educational programs funded under this 
subpart into classrooms where instruction is not tai-
lored for English learners; and 
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‘‘(8) containing other information gathered 
from other reports submitted to the Secretary under 
this subpart when applicable. 
‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 
‘‘In order to maximize Federal efforts aimed at serv-
ing the educational needs of English learners, the Sec-
retary shall coordinate and ensure close cooperation with 
other entities carrying out programs serving language-mi-
nority and English learners that are administered by the 
Department and other agencies. 
‘‘SEC. 1204. RULES OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed— 
‘‘(1) to prohibit a local educational agency from 
serving English learners simultaneously with chil-
dren with similar educational needs, in the same 
educational settings where appropriate; 
‘‘(2) to require a State or a local educational 
agency to establish, continue, or eliminate any par-
ticular type of instructional program for English 
learners; or 
‘‘(3) to limit the preservation or use of Native 
American languages. 
‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 
‘‘Nothing in this subpart shall be construed to negate 
or supersede State law, or the legal authority under State 
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law of any State agency, State entity, or State public offi-
cial, over programs that are under the jurisdiction of the 
State agency, entity, or official. 
‘‘SEC. 1206. CIVIL RIGHTS. 
‘‘Nothing in this subpart shall be construed in a man-
ner inconsistent with any Federal law guaranteeing a civil 
right. 
‘‘SEC. 1207. PROHIBITION. 
‘‘In carrying out this subpart, the Secretary shall nei-
ther mandate nor preclude the use of a particular cur-
ricular or pedagogical approach to educating English 
learners. 
‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND 
PUERTO RICO. 
‘‘Notwithstanding any other provision of this subpart, 
programs authorized under this subpart that serve Native 
American (including Native American Pacific Islander) 
children and children in the Commonwealth of Puerto Rico 
may include programs of instruction, teacher training, 
curriculum development, evaluation, and assessment de-
signed for Native American children learning and studying 
Native American languages and children of limited Span-
ish proficiency, except that an outcome of programs serv-
ing such children shall be increased English proficiency 
among such children. 
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‘‘CHAPTER C—NATIONAL ACTIVITIES 
‘‘SEC. 
1211. 
NATIONAL 
PROFESSIONAL 
DEVELOPMENT 
PROJECT. 
‘‘The Secretary shall use funds made available under 
section 1191(c)(1)(B) to award grants on a competitive 
basis, for a period of not more than 5 years, to institutions 
of higher education or public or private organizations with 
relevant experience and capacity (in consortia with State 
educational agencies or local educational agencies) to pro-
vide for professional development activities that will im-
prove classroom instruction for English learners and assist 
educational personnel working with such children to meet 
high professional standards, including standards for cer-
tification and licensure as teachers who work in language 
instruction educational programs or serve English learn-
ers. Grants awarded under this subsection may be used— 
‘‘(1) for preservice, evidence-based professional 
development programs that will assist local schools 
and institutions of higher education to upgrade the 
qualifications and skills of educational personnel who 
are not certified or licensed, especially educational 
paraprofessionals; 
‘‘(2) for the development of curricula or other 
instructional strategies appropriate to the needs of 
the consortia participants involved; 
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‘‘(3) to support strategies that strengthen and 
increase parent and community member engagement 
in the education of English learners; and 
‘‘(4) to share and disseminate evidence-based 
practices in the instruction of English learners and 
in increasing their student achievement. 
‘‘CHAPTER D—GENERAL PROVISIONS 
‘‘SEC. 1221. DEFINITIONS. 
‘‘Except as otherwise provided, in this subpart: 
‘‘(1) CHILD.—The term ‘child’ means any indi-
vidual aged 3 through 21. 
‘‘(2) COMMUNITY-BASED ORGANIZATION.—The 
term ‘community-based organization’ means a pri-
vate nonprofit organization of demonstrated effec-
tiveness, Indian tribe, or tribally sanctioned edu-
cational authority, that is representative of a com-
munity or significant segments of a community and 
that provides educational or related services to indi-
viduals in the community. Such term includes a Na-
tive Hawaiian or Native American Pacific Islander 
native language educational organization. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) one or more local educational agen-
cies; or 
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‘‘(B) one or more local educational agen-
cies, in consortia (or collaboration) with an in-
stitution of higher education, community-based 
organization, or State educational agency. 
‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 
term ‘immigrant children and youth’ means individ-
uals who— 
‘‘(A) are age 3 through 21; 
‘‘(B) were not born in any State; and 
‘‘(C) have not been attending one or more 
schools in any one or more States for more 
than 3 full academic years. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Native vil-
lage or Regional Corporation or Village Corporation 
as defined in or established pursuant to the Alaska 
Native Claims Settlement Act, that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
‘‘(6) LANGUAGE
INSTRUCTION
EDUCATIONAL 
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instruction course— 
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‘‘(A) in which an English learner is placed 
for the purpose of developing and attaining 
English language proficiency, while meeting 
State academic standards, as required by sec-
tion 1111(b)(1); and 
‘‘(B) that may make instructional use of 
both English and a child’s native language to 
enable the child to develop and attain English 
language proficiency, and may include the par-
ticipation of English language proficient chil-
dren if such course is designed to enable all 
participating children to become proficient in 
English and a second language. 
‘‘(7) NATIVE
LANGUAGE.—The term ‘native 
language’, when used with reference to English 
learner, means— 
‘‘(A) the language normally used by such 
individual; or 
‘‘(B) in the case of a child or youth, the 
language normally used by the parents of the 
child or youth. 
‘‘(8) PARAPROFESSIONAL.—The term ‘para-
professional’ means an individual who is employed in 
a preschool, elementary school, or secondary school 
under the supervision of a certified or licensed teach-
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er, including individuals employed in language in-
struction educational programs, special education, 
and migratory education. 
‘‘(9) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 
‘‘The Secretary shall establish and support the oper-
ation of a National Clearinghouse for English Language 
Acquisition and Language Instruction Educational Pro-
grams, which shall collect, analyze, synthesize, and dis-
seminate information about language instruction edu-
cational programs for English learners, and related pro-
grams. The National Clearinghouse shall— 
‘‘(1) be administered as an adjunct clearing-
house of the Educational Resources Information 
Center Clearinghouses system supported by the In-
stitute of Education Sciences; 
‘‘(2) coordinate activities with Federal data and 
information clearinghouses and entities operating 
Federal dissemination networks and systems; 
‘‘(3) develop a system for improving the oper-
ation and effectiveness of federally funded language 
instruction educational programs; and 
‘‘(4) collect and disseminate information on— 
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‘‘(A) educational research and processes 
related to the education of English learners; 
and 
‘‘(B) accountability systems that monitor 
the academic progress of English learners in 
language instruction educational programs, in-
cluding information on academic content and 
English language proficiency assessments for 
language instruction educational programs; and 
‘‘(5) publish, on an annual basis, a list of grant 
recipients under this subpart. 
‘‘SEC. 1223. REGULATIONS. 
‘‘In developing regulations under this subpart, the 
Secretary shall consult with State educational agencies 
and local educational agencies, organizations representing 
English learners, and organizations representing teachers 
and other personnel involved in the education of English 
learners. 
‘‘Subpart 5—Rural Education Achievement Program 
‘‘SEC. 1230. PURPOSE. 
‘‘It is the purpose of this subpart to address the 
unique needs of rural school districts that frequently— 
‘‘(1) lack the personnel and resources needed to 
compete effectively for Federal competitive grants; 
and 
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‘‘(2) receive formula grant allocations in 
amounts too small to be effective in meeting their in-
tended purposes. 
‘‘CHAPTER A—SMALL, RURAL SCHOOL 
ACHIEVEMENT PROGRAM 
‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From amounts appropriated 
under section 3(a)(1) for a fiscal year, the Secretary shall 
reserve 0.54 of one percent to award grants to eligible 
local educational agencies to enable the local educational 
agencies to carry out activities authorized under any of 
the following provisions: 
‘‘(1) Part A of title I. 
‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant under 
subsection (a) to a local educational agency eligible 
under subsection (d) for a fiscal year in an amount 
equal to the initial amount determined under para-
graph (2) for the fiscal year minus the total amount 
received by the agency in subpart 2 of part A of title 
II for the preceding fiscal year. 
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‘‘(2) DETERMINATION OF INITIAL AMOUNT.— 
The initial amount referred to in paragraph (1) is 
equal to $100 multiplied by the total number of stu-
dents in excess of 50 students, in average daily at-
tendance at the schools served by the local edu-
cational agency, plus $20,000, except that the initial 
amount may not exceed $60,000. 
‘‘(3) RATABLE ADJUSTMENT.— 
‘‘(A) IN GENERAL.—If the amount made 
available to carry out this section for any fiscal 
year is not sufficient to pay in full the amounts 
that local educational agencies are eligible to re-
ceive under paragraph (1) for such year, the 
Secretary shall ratably reduce such amounts for 
such year. 
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year, 
payments that were reduced under subpara-
graph (A) shall be increased on the same basis 
as such payments were reduced. 
‘‘(c) DISBURSEMENT.—The Secretary shall disburse 
the funds awarded to a local educational agency under this 
section for a fiscal year not later than July 1 of that fiscal 
year. 
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