148 
‘‘SEC. 1159. TECHNICAL ASSISTANCE. 
‘‘The Secretary shall reserve not more than 1 percent 
of the amount reserved under section 1141 to provide tech-
nical assistance to and support State agency programs as-
sisted 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 col-
laboration 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 chil-
dren and youth returning from correctional facilities, 
and programs which may serve at-risk children and 
youth. 
‘‘SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
AGENCIES. 
‘‘(a) LOCAL SUBGRANTS.—With funds made available 
under section 1142(b), the State educational agency shall 
award subgrants to local educational agencies with high 
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numbers or percentages of children and youth residing in 
locally operated (including county operated) correctional 
facilities for children and youth (including facilities in-
volved in community day programs). 
‘‘(b) SPECIAL RULE.—A local educational agency that 
serves a school operated by a correctional facility is not re-
quired 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 eli-
gibility of such agencies to receive a subgrant under this 
chapter. 
‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran-
sitional and supportive programs operated in local edu-
cational agencies under this chapter shall be designed pri-
marily to meet the transitional and academic needs of stu-
dents returning to local educational agencies or alternative 
education programs from correctional facilities. Services to 
students at-risk of dropping out of school shall not have a 
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negative impact on meeting the transitional and academic 
needs of the students returning from correctional 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 assisted; 
‘‘(2) a description of formal agreements, regard-
ing 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; 
‘‘(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 edu-
cation 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 
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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 pro-
grams 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 returning from 
correctional facilities and at-risk children or youth, 
including prenatal health care and nutrition services 
related to the health of the parent and the child or 
youth, parenting and child development classes, child 
care, targeted reentry and outreach programs, refer-
rals to community resources, and scheduling flexi-
bility; 
‘‘(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; 
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‘‘(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 involve-
ment 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 technical edu-
cation 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; 
‘‘(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 
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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 appro-
priate, 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; 
‘‘(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 en-
trepreneurship education, and assistance in securing 
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student loans or grants for postsecondary education; 
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 CORRECTIONAL 
FACILITIES RECEIVING FUNDS UNDER THIS 
SECTION. 
‘‘Each correctional facility entering into an agreement 
with a local educational agency under section 1163(2) to 
provide services to children and youth under this chapter 
shall— 
‘‘(1) where feasible, ensure that educational pro-
grams 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 correctional 
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facility, notify the local school of the child or youth 
of such need; 
‘‘(3) where feasible, provide transition assistance 
to help the child or youth stay in school, including co-
ordination of services for the family, counseling, as-
sistance in accessing drug and alcohol abuse preven-
tion 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 di-
ploma once their term at the correctional facility has 
been completed, or provide such children and youth 
with the skills necessary to gain employment or seek 
a regular high school diploma or its recognized equiv-
alent; 
‘‘(5) work to ensure that the correctional facility 
is staffed with effective teachers and other qualified 
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; 
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‘‘(7) to the extent possible, use technology to as-
sist 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 children 
and prevent the further involvement of such children 
in delinquent activities; 
‘‘(9) coordinate funds received under this chapter 
with other local, State, and Federal funds available 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 education 
funds; 
‘‘(10) coordinate programs operated under this 
chapter with activities funded under the Juvenile Jus-
tice 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 entrepre-
neurship education, and mentoring programs for chil-
dren 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 
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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 returning to 
school, obtaining a regular high school diploma or its 
recognized equivalent, or obtaining employment after 
such children and youth are released; and 
‘‘(2) may reduce or terminate funding for 
projects under this chapter if a local educational 
agency does not show progress in the number of chil-
dren and youth obtaining a regular high school di-
ploma 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 
chapter A or B shall evaluate the program, disaggregating 
data on participation by gender, race, ethnicity, and age, 
while protecting individual student privacy, not less than 
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once every 3 years, to determine 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 grad-
uation; 
‘‘(3) to make the transition to a regular program 
or other education program operated by a local edu-
cational 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. 
‘‘(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 
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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 sec-
tion 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 facility 
in which persons (including persons under 21 years 
of age) are confined as a result of a conviction for a 
criminal offense. 
‘‘(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 preg-
nant 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 
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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 ‘institution 
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 institu-
tion under applicable State law, due to abandon-
ment, neglect, or death of their parents or guard-
ians; 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. 
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‘‘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, includ-
ing immigrant children and youth, attain English 
proficiency and develop high levels of academic 
achievement in English; 
‘‘(2) to assist all English learners, including im-
migrant children and youth, to achieve at high levels 
so that those children can meet the same State aca-
demic standards that all children are expected to 
meet, consistent with section 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-
grams designed to assist in teaching English learners, 
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 
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‘‘(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 re-
serve 4.6 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 educational agency 
under subsection (c). 
‘‘(b) USE OF FUNDS.— 
‘‘(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 educational 
agency’s allotment under subsection (c) for a fiscal 
year— 
‘‘(A) to award subgrants, from allocations 
under section 1193, to eligible entities to carry 
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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 teach-
ing English learners; and 
‘‘(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). 
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‘‘(C) Providing technical assistance and 
other forms of assistance to eligible entities that 
are receiving subgrants from a State educational 
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 
‘‘(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 achievement 
and progress of English learners in— 
‘‘(i) reaching English language pro-
ficiency, based on the State’s English lan-
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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 reserved 
under section 1191(a) for each fiscal year, the Sec-
retary shall reserve— 
‘‘(A) 0.5 percent of such amount for pay-
ments to outlying areas, to be allotted in accord-
ance with their respective needs for assistance 
under this chapter, as determined by the Sec-
retary, for activities, approved by the Secretary, 
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 
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Language Instruction Educational Programs de-
scribed 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 re-
lationship 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 available 
from the American Community Survey con-
ducted 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 
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from the American Community Survey con-
ducted by the Department of Commerce. 
‘‘(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 fis-
cal year, or submits a plan (or any amendment 
to a plan) that the Secretary, after reasonable 
notice and opportunity for a hearing, determines 
does not satisfy the requirements of this chapter, 
the Secretary shall reallot any portion of such 
allotment to the remaining State educational 
agencies in accordance with subparagraph (A). 
‘‘(D) SPECIAL RULE FOR PUERTO RICO.— 
The total amount allotted to Puerto Rico for any 
fiscal year under subparagraph (A) shall not ex-
ceed 0.5 percent of the total amount allotted 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 
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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 assessed 
for English language proficiency, based on the 
State’s English language proficiency assessment 
under section 1111(b)(2)(D), which may be 
multiyear estimates; or 
‘‘(C) a combination of data available under 
subparagraphs (A) and (B). 
‘‘SEC. 1192. STATE EDUCATIONAL AGENCY PLANS. 
‘‘(a) FILING
FOR
SUBGRANTS.—Each State edu-
cational 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 sec-
tion 1193(d)(1); 
‘‘(2) provide an assurance that— 
‘‘(A) the agency will ensure that eligible en-
tities receiving a subgrant under this chapter 
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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 en-
tities receiving a subgrant under this chapter an-
nually 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 areas, 
including school systems with rural and urban 
schools; 
‘‘(D) subgrants to eligible entities under sec-
tion 1193(d)(1) will be of sufficient size and 
scope to allow such entities to carry out high- 
quality, evidence-based language instruction edu-
cational 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 re-
cipient’s capacity to continue to offer high-qual-
ity evidence-based language instruction edu-
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170 
cational programs that assist English learners in 
meeting State academic standards; 
‘‘(F) the agency will monitor the eligible en-
tity 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 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 
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‘‘(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 re-
view process, shall approve a plan submitted under sub-
section (a) if the plan meets the requirements of this section. 
‘‘(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 
‘‘(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, un-
less the Secretary determines that the amend-
ment will result in the agency not meeting the 
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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 6302. 
‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall 
provide technical assistance, if requested by the State, in 
the development of English proficiency standards and as-
sessments. 
‘‘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 
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 population 
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. 
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‘‘(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 accordance 
with such rules as it determines to be appropriate, reallo-
cate such amount, consistent with such subsection, to other 
eligible entities in the State that the agency determines 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 award 
subgrants to eligible entities in the State that have ex-
perienced a significant increase, as compared to the 
average of the 2 preceding fiscal years, in the percent-
age or number of immigrant children and youth, who 
have enrolled, during the fiscal year preceding the fis-
cal 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)— 
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‘‘(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 educational 
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 learn 
English and meet State academic standards. In carrying 
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 language 
instruction educational programs and academic con-
tent instruction programs for English learners and 
immigrant children and youth, including programs of 
early childhood education, elementary school pro-
grams, and secondary school programs. 
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‘‘(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 programs 
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 oper-
ations relating to language instruction educational 
programs and academic content instruction for 
English learners and immigrant children and youth. 
‘‘(4) Implementing, within the entire jurisdiction 
of a local educational agency, agencywide programs 
for restructuring, reforming, and upgrading all rel-
evant programs, activities, and operations relating to 
language instruction educational programs and aca-
demic content instruction for English learners and 
immigrant children and youth. 
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible enti-
ty 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. 
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‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligi-
ble entity receiving funds under section 1193(a) shall use 
the funds— 
‘‘(1) to increase the English language proficiency 
of English learners by providing high-quality, evi-
dence-based language instruction educational pro-
grams that meet the needs of English learners and 
have demonstrated success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement; 
‘‘(2) to provide high-quality, evidence-based pro-
fessional development to classroom teachers (including 
teachers in classroom settings that are not the settings 
of language instruction educational programs), school 
leaders, administrators, and other school or commu-
nity-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 children’s 
English language proficiency or substantially in-
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creasing 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 teach-
ers’ performance in the classroom, except that 
this subparagraph shall not apply to an activity 
that is one component of a long-term, com-
prehensive professional development plan estab-
lished by a teacher and the teacher’s supervisor 
based on an assessment of the needs of the teach-
er, the supervisor, the students of the teacher, 
and any local educational agency employing the 
teacher, as appropriate; and 
‘‘(3) to provide and implement other evidence- 
based activities and strategies that enhance or supple-
ment language instruction educational programs for 
English learners, including parental and community 
engagement activities and strategies that serve to co-
ordinate and align related programs. 
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject 
to subsection (c), an eligible entity receiving funds under 
section 1193(a) may use the funds to achieve one of the pur-
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poses described in subsection (a) by undertaking one or 
more of the following activities: 
‘‘(1) Upgrading program objectives and effective 
instruction strategies. 
‘‘(2) Improving the instruction program for 
English learners by identifying, acquiring, and up-
grading curricula, instruction materials, educational 
software, and assessment procedures. 
‘‘(3) Providing to English learners— 
‘‘(A) tutorials and academic or career edu-
cation for English learners; and 
‘‘(B) intensified instruction. 
‘‘(4) Developing and implementing elementary 
school or secondary school language instruction edu-
cational programs that are coordinated with other 
relevant programs and services. 
‘‘(5) Improving the English language proficiency 
and academic achievement of English learners. 
‘‘(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 
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‘‘(B) to assist parents in helping their chil-
dren to improve their academic achievement and 
becoming active participants in the education of 
their children. 
‘‘(7) Improving the instruction of English learn-
ers by providing for— 
‘‘(A) the acquisition or development of edu-
cational technology or instructional materials; 
‘‘(B) access to, and participation in, elec-
tronic networks for materials, training, and 
communication; and 
‘‘(C) incorporation of the resources described 
in subparagraphs (A) and (B) into curricula 
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 instructional 
opportunities for immigrant children and youth, 
which may include— 
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‘‘(A) family literacy, parent outreach, and 
training activities designed to assist parents to 
become active participants in the education of 
their children; 
‘‘(B) support for personnel, including para-
professionals who have been specifically trained, 
or are being trained, to provide services to immi-
grant children and youth; 
‘‘(C) provision of tutorials, mentoring, and 
academic or career counseling for immigrant 
children and youth; 
‘‘(D) identification, development, and ac-
quisition of curricular materials, educational 
software, and technologies to be used in the pro-
gram 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 
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achieve in elementary schools and secondary 
schools in the United States, such as programs of 
introduction to the educational system and civics 
education; and 
‘‘(G) activities, coordinated with commu-
nity-based organizations, institutions of higher 
education, private sector entities, or other enti-
ties with expertise in working with immigrants, 
to assist parents of immigrant children and 
youth by offering comprehensive community 
services. 
‘‘(2) DURATION OF SUBGRANTS.—The duration 
of a subgrant made by a State educational agency 
under section 1193(d)(1) shall be determined by the 
agency in its discretion. 
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.— 
‘‘(1) IN GENERAL.—To receive a subgrant from 
a State educational agency under this chapter, an eli-
gible entity shall select one or more methods or forms 
of instruction to be used in the programs and activi-
ties undertaken by the entity to assist English learn-
ers to attain English language proficiency and meet 
State academic standards. 
‘‘(2) CONSISTENCY.—Such selection shall be con-
sistent with sections 1204 through 1206. 
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‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds 
made available under this chapter shall be used so as to 
supplement the level of Federal, State, and local public 
funds that, in the absence of such availability, would have 
been expended for programs for English learners and immi-
grant children and youth and in no case to supplant such 
Federal, State, and local public funds. 
‘‘SEC. 1195. LOCAL PLANS. 
‘‘(a) FILING FOR SUBGRANTS.—Each eligible entity 
desiring a subgrant from the State educational agency 
under section 1193 shall submit a plan to the State edu-
cational agency at such time, in such manner, and con-
taining 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 pro-
ficiency and meet the State academic standards; 
‘‘(2) describe how the eligible entity will hold ele-
mentary schools and secondary schools receiving funds 
under this chapter accountable for annually assessing 
the English language proficiency of all children par-
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ticipating under this subpart, consistent with section 
1111(b); 
‘‘(3) describe how the eligible entity will promote 
parent and community engagement in the education 
of English learners; 
‘‘(4) contain an assurance that the eligible entity 
consulted with teachers, researchers, school adminis-
trators, parents and community members, public or 
private organizations, and institutions of higher edu-
cation, in developing and implementing such plan; 
‘‘(5) describe how language instruction edu-
cational programs carried out under the subgrant will 
ensure that English learners being served by the pro-
grams 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 learners, 
consistent with sections 1205 and 1206. 
‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible en-
tity receiving a subgrant under section 1193 shall include 
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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 instruction, in-
cluding having written and oral communications skills. 
‘‘CHAPTER B—ADMINISTRATION 
‘‘SEC. 1201. REPORTING. 
‘‘(a) IN GENERAL.—Each eligible entity that receives 
a subgrant from a State educational agency under chapter 
A shall provide such agency, at the conclusion of every sec-
ond fiscal year during which the subgrant is received, with 
a report, in a form prescribed by the agency, on the activi-
ties conducted and students served under this subpart that 
includes— 
‘‘(1) a description of the programs and activities 
conducted by the entity with funds received under 
chapter A during the two immediately preceding fis-
cal years, including how such programs and activities 
supplemented programs funded primarily 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 
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English language proficiency based on the State 
English language proficiency standards established 
under section 1111(b)(1)(E) by the end of each school 
year, as determined by the State’s English language 
proficiency assessment under section 1111(b)(2)(D); 
‘‘(4) the number of English learners who exit the 
language instruction educational programs based on 
their attainment of English language proficiency and 
transitioned to classrooms not tailored for English 
learners; 
‘‘(5) a description of the progress made by 
English learners in meeting the State academic 
standards for each of the 2 years after such children 
are no longer receiving services under this subpart; 
‘‘(6) the number and percentage of English 
learners who have not attained English language pro-
ficiency 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 eligi-
ble entity under subsection (a) shall be used by the entity 
and the State educational agency— 
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‘‘(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 aca-
demic standards under section 1111(b)(1); and 
‘‘(2) upon determining the effectiveness of pro-
grams and activities based on the criteria in para-
graph (1), to decide how to improve programs. 
‘‘SEC. 1202. ANNUAL REPORT. 
‘‘(a) STATES.—Based upon the reports provided to a 
State educational agency under section 1201, each such 
agency that receives a grant under this subpart shall pre-
pare and submit annually to the Secretary a report on pro-
grams and activities carried out by the State educational 
agency under this subpart and the effectiveness of such pro-
grams and activities in improving the education provided 
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— 
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‘‘(1) on programs and activities carried out to 
serve English learners under this subpart, and the ef-
fectiveness of such programs and activities in improv-
ing the academic achievement and English language 
proficiency of English learners; 
‘‘(2) on the types of language instruction edu-
cational programs used by local educational agencies 
or eligible entities receiving funding under this sub-
part to teach English learners; 
‘‘(3) containing a critical synthesis of data re-
ported by eligible entities to States under section 
1201(a); 
‘‘(4) containing a description of technical assist-
ance and other assistance provided by State edu-
cational agencies under section 1191(b)(2)(C); 
‘‘(5) containing an estimate of the number of ef-
fective teachers working in language instruction edu-
cational programs and educating English learners, 
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 enti-
ties carrying out the programs or activities were not 
able to reach program goals; 
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‘‘(7) containing the number of English learners 
served by eligible entities receiving funding under this 
subpart who were transitioned out of language in-
struction educational programs funded under this 
subpart into classrooms where instruction is not tai-
lored for English learners; and 
‘‘(8) containing other information gathered from 
other reports submitted to the Secretary under this 
subpart when applicable. 
‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 
‘‘In order to maximize Federal efforts aimed at serving 
the educational needs of English learners, the Secretary 
shall coordinate and ensure close cooperation with other en-
tities carrying out programs serving language-minority 
and English learners that are administered by the Depart-
ment and other agencies. The Secretary shall report to the 
Congress on parallel Federal programs in other agencies 
and departments. 
‘‘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 children 
with similar educational needs, in the same edu-
cational settings where appropriate; 
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‘‘(2) to require a State or a local educational 
agency to establish, continue, or eliminate any par-
ticular type of instructional program for English 
learners; or 
‘‘(3) to limit the preservation or use of Native 
American languages. 
‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 
‘‘Nothing in this subpart shall be construed to negate 
or supersede State law, or the legal authority under State 
law of any State agency, State entity, or State public offi-
cial, over programs that are under the jurisdiction of the 
State agency, entity, or official. 
‘‘SEC. 1206. CIVIL RIGHTS. 
‘‘Nothing in this subpart shall be construed in a man-
ner inconsistent with any Federal law guaranteeing a civil 
right. 
‘‘SEC. 1207. PROHIBITION. 
‘‘In carrying out this subpart, the Secretary shall nei-
ther mandate nor preclude the use of a particular cur-
ricular or pedagogical approach to educating English 
learners. 
‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUER-
TO RICO. 
‘‘Notwithstanding any other provision of this subpart, 
programs authorized under this subpart that serve Native 
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American (including Native American Pacific Islander) 
children and children in the Commonwealth of Puerto Rico 
may include programs of instruction, teacher training, cur-
riculum development, evaluation, and assessment designed 
for Native American children learning and studying Native 
American languages and children of limited Spanish pro-
ficiency, except that an outcome of programs serving such 
children shall be increased English proficiency among such 
children. 
‘‘CHAPTER C—NATIONAL ACTIVITIES 
‘‘SEC. 
1211. 
NATIONAL 
PROFESSIONAL 
DEVELOPMENT 
PROJECT. 
‘‘The Secretary shall use funds made available under 
section 1191(c)(1)(B) to award grants on a competitive 
basis, for a period of not more than 5 years, to institutions 
of higher education or public or private organizations with 
relevant experience and capacity (in consortia with State 
educational agencies or local educational agencies) to pro-
vide for professional development activities that will im-
prove classroom instruction for English learners and assist 
educational personnel working with such children to meet 
high professional standards, including standards for certifi-
cation and licensure as teachers who work in language in-
struction educational programs or serve English learners. 
Grants awarded under this subsection may be used— 
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‘‘(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 in-
structional strategies appropriate to the needs of the 
consortia participants involved; 
‘‘(3) to support strategies that strengthen and in-
crease 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 private 
nonprofit organization of demonstrated effectiveness, 
Indian tribe, or tribally sanctioned educational au-
thority, that is representative of a community or sig-
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nificant segments of a community and that provides 
educational or related services to individuals in the 
community. Such term includes a Native Hawaiian 
or Native American Pacific Islander native language 
educational organization. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) one or more local educational agencies; 
or 
‘‘(B) one or more local educational agencies, 
in consortia (or collaboration) with an institu-
tion of higher education, community-based orga-
nization, 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 
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as defined in or established pursuant to the Alaska 
Native Claims Settlement Act, that is recognized as 
eligible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
‘‘(6) LANGUAGE
INSTRUCTION
EDUCATIONAL 
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instruction course— 
‘‘(A) in which an English learner is placed 
for the purpose of developing and attaining 
English language proficiency, while meeting 
State academic standards, as required by section 
1111(b)(1); and 
‘‘(B) that may make instructional use of 
both English and a child’s native language to en-
able the child to develop and attain English lan-
guage proficiency, and may include the partici-
pation of English language proficient children if 
such course is designed to enable all partici-
pating children to become proficient in English 
and a second language. 
‘‘(7) NATIVE LANGUAGE.—The term ‘native lan-
guage’, when used with reference to English learner, 
means— 
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‘‘(A) the language normally used by such 
individual; or 
‘‘(B) in the case of a child or youth, the lan-
guage normally used by the parents of the child 
or youth. 
‘‘(8) 
PARAPROFESSIONAL.—The 
term 
‘para-
professional’ means an individual who is employed in 
a preschool, elementary school, or secondary school 
under the supervision of a certified or licensed teach-
er, including individuals employed in language in-
struction educational programs, special education, 
and migratory education. 
‘‘(9) STATE.—The term ‘State’ means each of the 
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 
‘‘(a) IN GENERAL.—The Secretary shall establish and 
support the operation of a National Clearinghouse for 
English Language Acquisition and Language Instruction 
Educational Programs, which shall collect, analyze, syn-
thesize, and disseminate information about language in-
struction educational programs for English learners, and 
related programs. The National Clearinghouse shall— 
‘‘(1) be administered as an adjunct clearinghouse 
of the Educational Resources Information Center 
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Clearinghouses system supported by the Institute of 
Education Sciences; 
‘‘(2) coordinate activities with Federal data and 
information clearinghouses and entities operating 
Federal dissemination networks and systems; 
‘‘(3) develop a system for improving the oper-
ation and effectiveness of federally funded language 
instruction educational programs; 
‘‘(4) collect and disseminate information on— 
‘‘(A) educational research and processes re-
lated to the education of English learners; and 
‘‘(B) accountability systems that monitor 
the academic progress of English learners in lan-
guage instruction educational programs, includ-
ing 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. 
‘‘(b) CONSTRUCTION.—Nothing in this section shall 
authorize the Secretary to hire new personnel to execute sub-
section (a). 
‘‘SEC. 1223. REGULATIONS. 
‘‘In developing regulations under this subpart, the Sec-
retary shall consult with State educational agencies and 
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local educational agencies, organizations representing 
English learners, and organizations representing teachers 
and other personnel involved in the education of English 
learners. 
‘‘Subpart 5—Rural Education Achievement Program 
‘‘SEC. 1230. PURPOSE. 
‘‘It is the purpose of this subpart to address the unique 
needs of rural school districts that frequently— 
‘‘(1) lack the personnel and resources needed to 
compete effectively for Federal competitive grants; 
and 
‘‘(2) receive 
formula 
grant 
allocations 
in 
amounts too small to be effective in meeting their in-
tended purposes. 
‘‘CHAPTER A—SMALL, RURAL SCHOOL 
ACHIEVEMENT PROGRAM 
‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 
‘‘(a) IN
GENERAL.—From amounts appropriated 
under section 3(a)(1) for a fiscal year, the Secretary shall 
reserve 0.6 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. 
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‘‘(3) Title III. 
‘‘(b) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant under 
subsection (a) to a local educational agency eligible 
under subsection (d) for a fiscal year in an amount 
equal to the initial amount determined under para-
graph (2) for the fiscal year minus the total amount 
received by the agency in subpart 2 of part A of title 
II for the preceding fiscal year. 
‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The 
initial amount referred to in paragraph (1) is equal 
to $100 multiplied by the total number of students in 
excess of 50 students, in average daily attendance at 
the schools served by the local educational 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 Sec-
retary shall ratably reduce such amounts for 
such year. 
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‘‘(B) ADDITIONAL AMOUNTS.—If additional 
funds become available for making payments 
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph (A) 
shall be increased on the same basis as such pay-
ments were reduced. 
‘‘(c) DISBURSEMENT.—The Secretary shall disburse 
the funds awarded to a local educational agency under this 
section for a fiscal year not later than July 1 of that fiscal 
year. 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if— 
‘‘(A)(i)(I) the total number of students in 
average daily attendance at all of the schools 
served by the local educational agency is fewer 
than 600; or 
‘‘(II) each county in which a school served 
by the local educational agency is located has a 
total population density of fewer than 10 persons 
per square mile; and 
‘‘(ii) all of the schools served by the local 
educational agency are designated with a school 
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locale code of 41, 42, or 43, as determined by the 
Secretary; or 
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Secretary, 
in accordance with paragraph (2), grants the 
local educational agency’s request to waive the 
criteria described in subparagraph (A)(ii). 
‘‘(2) CERTIFICATION.—The Secretary shall deter-
mine whether to waive the criteria described in para-
graph (1)(A)(ii) based on a demonstration by the 
local educational agency, and concurrence by the 
State educational agency, that the local educational 
agency is located in an area defined as rural by a 
governmental agency of the State. 
‘‘(3) HOLD HARMLESS.—For a local educational 
agency that is not eligible under this chapter but met 
the eligibility requirements under this subsection as it 
was in effect prior to the date of the enactment of the 
Student Success Act, the agency shall receive— 
‘‘(A) for fiscal year 2016, 75 percent of the 
amount such agency received for fiscal year 
2013; 
‘‘(B) for fiscal year 2017, 50 percent of the 
amount such agency received for fiscal year 
2013; and 
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‘‘(C) for fiscal year 2018, 25 percent of the 
amount such agency received for fiscal year 
2013. 
‘‘(e) SPECIAL ELIGIBILITY RULE.—A local educational 
agency that receives a grant under this chapter for a fiscal 
year is not eligible to receive funds for such fiscal year 
under chapter B. 
‘‘CHAPTER B—RURAL AND LOW-INCOME 
SCHOOL PROGRAM 
‘‘SEC. 1235. PROGRAM AUTHORIZED. 
‘‘(a) GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—From amounts appropriated 
under section 3(a)(1) for a fiscal year, the Secretary 
shall reserve 0.6 of one percent for this chapter for a 
fiscal year that are not reserved under subsection (c) 
to award grants (from allotments made under para-
graph (2)) for the fiscal year to State educational 
agencies that have applications submitted under sec-
tion 1237 approved to enable the State educational 
agencies to award grants to eligible local educational 
agencies for local authorized activities described in 
section 1236(a). 
‘‘(2) ALLOTMENT.—From amounts described in 
paragraph (1) for a fiscal year, the Secretary shall 
allot to each State educational agency for that fiscal 
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year an amount that bears the same ratio to those 
amounts as the number of students in average daily 
attendance served by eligible local educational agen-
cies in the State for that fiscal year bears to the num-
ber of all such students served by eligible local edu-
cational agencies in all States for that fiscal year. 
‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 
‘‘(A) ELIGIBILITY AND APPLICATION.—If a 
State educational agency elects not to participate 
in the program under this subpart or does not 
have an application submitted under section 
1237 approved, a specially qualified agency in 
such State desiring a grant under this subpart 
may submit an application under such section 
directly to the Secretary to receive an award 
under this subpart. 
‘‘(B) DIRECT AWARDS.—The Secretary may 
award, on a competitive basis or by formula, the 
amount the State educational agency is eligible 
to receive under paragraph (2) directly to a spe-
cially qualified agency in the State that has sub-
mitted an application in accordance with sub-
paragraph (A) and obtained approval of the ap-
plication. 
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202 
‘‘(C) SPECIALLY
QUALIFIED
AGENCY
DE-
FINED.—In this subpart, the term ‘specially 
qualified agency’ means an eligible local edu-
cational agency served by a State educational 
agency that does not participate in a program 
under this subpart in a fiscal year, that may 
apply directly to the Secretary for a grant in 
such year under this subsection. 
‘‘(b) LOCAL AWARDS.— 
‘‘(1) ELIGIBILITY.—A local educational agency 
shall be eligible to receive a grant under this subpart 
if— 
‘‘(A) 20 percent or more of the children ages 
5 through 17 years served by the local edu-
cational agency are from families with incomes 
below the poverty line; and 
‘‘(B) all of the schools served by the agency 
are designated with a school locale code of 32, 
33, 41, 42, 43, as determined by the Secretary. 
‘‘(2) AWARD BASIS.—A State educational agency 
shall award grants to eligible local educational agen-
cies— 
‘‘(A) on a competitive basis; 
‘‘(B) according to a formula based on the 
number of students in average daily attendance 
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203 
served by the eligible local educational agencies 
or schools in the State; or 
‘‘(C) according to an alternative formula, if, 
prior to awarding the grants, the State edu-
cational agency demonstrates, to the satisfaction 
of the Secretary, that the alternative formula en-
ables the State educational agency to allot the 
grant funds in a manner that serves equal or 
greater concentrations of children from families 
with incomes below the poverty line, relative to 
the concentrations that would be served if the 
State educational agency used the formula de-
scribed in subparagraph (B). 
‘‘(c) RESERVATIONS.—From amounts reserved under 
section 1235(a)(1) for this chapter for a fiscal year, the Sec-
retary shall reserve— 
‘‘(1) one-half of 1 percent to make awards to ele-
mentary schools or secondary schools operated or sup-
ported by the Bureau of Indian Education, to carry 
out the activities authorized under this chapter; and 
‘‘(2) one-half of 1 percent to make awards to the 
outlying areas in accordance with their respective 
needs, to carry out the activities authorized under this 
chapter. 
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‘‘SEC. 1236. USES OF FUNDS. 
‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 
educational agencies under this chapter shall be used for 
activities authorized under any of the following: 
‘‘(1) Part A of title I. 
‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ADMINISTRATIVE COSTS.—A State educational 
agency receiving a grant under this chapter may not use 
more than 5 percent of the amount of the grant for State 
administrative costs and to provide technical assistance to 
eligible local educational agencies. 
‘‘SEC. 1237. APPLICATIONS. 
‘‘(a) IN GENERAL.—Each State educational agency or 
specially qualified agency desiring to receive a grant under 
this chapter shall submit an application to the Secretary 
at such time and in such manner as the Secretary may 
require. 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include— 
‘‘(1) a description of how the State educational 
agency or specially qualified agency will ensure eligi-
ble local educational agencies receiving a grant under 
this chapter will use such funds to help students meet 
the 
State 
academic 
standards 
under 
section 
1111(b)(1); 
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‘‘(2) if the State educational agency or specially 
qualified agency will competitively award grants to 
eligible local educational agencies, as described in sec-
tion 1235(b)(2)(A), the application under the section 
shall include— 
‘‘(A) the methods and criteria the State edu-
cational agency or specially qualified agency 
will use for reviewing applications and award-
ing funds to local educational agencies on a com-
petitive basis; and 
‘‘(B) how the State educational agency or 
specially qualified agency will notify eligible 
local educational agencies of the grant competi-
tion; and 
‘‘(3) a description of how the State educational 
agency or specially qualified agency will provide tech-
nical assistance to eligible local educational agencies 
to help such agencies implement the activities de-
scribed in section 1236(a). 
‘‘SEC. 1238. ACCOUNTABILITY. 
‘‘Each State educational agency or specially qualified 
agency that receives a grant under this chapter shall pre-
pare and submit an annual report to the Secretary. The 
report shall describe— 
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‘‘(1) the methods and criteria the State edu-
cational agency or specially qualified agency used to 
award grants to eligible local educational agencies, 
and to provide assistance to schools, under this chap-
ter; 
‘‘(2) how local educational agencies and schools 
used funds provided under this chapter; and 
‘‘(3) the degree to which progress has been made 
toward having all students meet the State academic 
standards under section 1111(b)(1). 
‘‘SEC. 1239. CHOICE OF PARTICIPATION. 
‘‘(a) IN GENERAL.—If a local educational agency is 
eligible for funding under chapters A and B of this subpart, 
such local educational agency may receive funds under ei-
ther chapter A or chapter B for a fiscal year, but may not 
receive funds under both chapters. 
‘‘(b) NOTIFICATION.—A local educational agency eligi-
ble for both chapters A and B of this subpart shall notify 
the Secretary and the State educational agency under which 
of such chapters such local educational agency intends to 
receive funds for a fiscal year by a date that is established 
by the Secretary for the notification. 
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207 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER-
MINATION. 
‘‘(a) CENSUS
DETERMINATION.—Each local edu-
cational agency desiring a grant under section 1231 and 
each local educational agency or specially qualified agency 
desiring a grant under chapter B shall— 
‘‘(1) not later than December 1 of each year, con-
duct a census to determine the number of students in 
average daily attendance in kindergarten through 
grade 12 at the schools served by the agency; and 
‘‘(2) not later than March 1 of each year, submit 
the number described in paragraph (1) to the Sec-
retary (and to the State educational agency, in the 
case of a local educational agency seeking a grant 
under subpart 2). 
‘‘(b) PENALTY.—If the Secretary determines that a 
local educational agency or specially qualified agency has 
knowingly submitted false information under subsection (a) 
for the purpose of gaining additional funds under section 
1231 or chapter B, then the agency shall be fined an amount 
equal to twice the difference between the amount the agency 
received under this section and the correct amount the agen-
cy would have received under section 1231 or chapter B 
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if the agency had submitted accurate information under 
subsection (a). 
‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under chapter A or chapter B 
shall be used to supplement, and not supplant, any other 
Federal, State, or local education funds. 
‘‘SEC. 1243. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to prohibit 
a local educational agency that enters into cooperative ar-
rangements with other local educational agencies for the 
provision of special, compensatory, or other education serv-
ices, pursuant to State law or a written agreement, from 
entering into similar arrangements for the use, or the co-
ordination of the use, of the funds made available under 
this subpart.’’. 
(b) STRIKE.—The Act is amended by striking title VII 
(20 U.S.C. 7401 et seq.). 
Subtitle D—National Assessment 
SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 
et seq.) is redesignated as part B of title I. 
(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) are repealed. 
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(c) REDESIGNATIONS.—Sections 1501 and 1503 (20 
U.S.C. 6491; 6493) are redesignated as sections 1301 and 
1302, respectively. 
(d) AMENDMENTS TO SECTION 1301.—Section 1301 
(20 U.S.C. 6491), as so redesignated, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, acting 
through the Director of the Institute of Edu-
cation Sciences (in this section and section 1302 
referred to as the ‘Director’),’’ after ‘‘The Sec-
retary’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (A), by striking 
‘‘reaching the proficient level’’ and all that 
follows and inserting ‘‘graduating high 
school prepared for postsecondary education 
or the workforce.’’; 
(iii) in subparagraph (B), by striking 
‘‘reach the proficient’’ and all that follows 
and inserting ‘‘meet State academic stand-
ards.’’; 
(iv) by striking subparagraphs (D) 
and (G) and redesignating subparagraphs 
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(E), (F), and (H) through (O) as subpara-
graphs (D) through (M), respectively; 
(v) in subparagraph (D)(v) (as so re-
designated), by striking ‘‘help schools in 
which’’ and all that follows and inserting 
‘‘address disparities in the percentages of ef-
fective teachers teaching in low-income 
schools.’’; 
(vi) in subparagraph (G) (as so redes-
ignated)— 
(I) by striking ‘‘section 1116’’ and 
inserting ‘‘section 1111(b)(3)(B)(iii)’’; 
and 
(II) by striking ‘‘, including the 
following’’ and all that follows and in-
serting a period; 
(vii) in subparagraph (I) (as so redes-
ignated), by striking ‘‘qualifications’’ and 
inserting ‘‘effectiveness’’; 
(viii) in subparagraph (J) (as so redes-
ignated), by striking ‘‘, including funds 
under section 1002,’’; 
(ix) in subparagraph (L) (as so redes-
ignated), 
by 
striking 
‘‘section 
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1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 
1111(b)(3)(B)(ii)(II)’’; and 
(x) in subparagraph (M) (as so redes-
ignated), by striking ‘‘Secretary’’ and in-
serting ‘‘Director’’; 
(C) in paragraph (3), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(D) in paragraph (4), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(E) in paragraph (5), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(F) in paragraph (6)— 
(i) by striking ‘‘No Child Left Behind 
Act of 2001’’ each place it appears and in-
serting ‘‘Student Success Act’’; and 
(ii) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Director’’; 
(2) in subsection (b), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking ‘‘part A’’ and inserting 
‘‘subpart 1 of part A’’; 
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(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (B), by striking 
‘‘challenging academic achievement stand-
ards’’ and inserting ‘‘State academic stand-
ards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that fol-
lows and inserting ‘‘extent to which actions 
authorized under section 1111(b)(3)(B)(iii) 
improve the academic achievement of dis-
advantaged students and low-performing 
schools.’’; and 
(iv) in subparagraph (F), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) analyzes varying models or strategies 
for 
delivering 
school 
services, 
including 
schoolwide and targeted services.’’; and 
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(4) in subsection (d), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’. 
(e) AMENDMENTS TO SECTION 1302.—Section 1302 
(20 U.S.C. 6493), as so redesignated, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘and for making decisions 
about the promotion and graduation of stu-
dents’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary’’ the first place 
it appears and inserting ‘‘Director’’; 
(B) by striking ‘‘process,’’ and inserting 
‘‘process consistent with section 1111(e)(1),’’; and 
(C) by striking ‘‘Assistant Secretary of 
Educational Research and Improvement’’ and 
inserting ‘‘Director’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘to the State-defined level of proficiency’’ 
and inserting ‘‘toward meeting the State 
academic standards’’; and 
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(ii) in subparagraph (C), by striking 
‘‘pupil-services’’ and inserting ‘‘specialized 
instructional support services’’; 
(B) in paragraph (3), by striking ‘‘limited 
and nonlimited English proficient students’’ and 
inserting ‘‘English learners and non-English 
learners’’; and 
(C) in paragraph (6), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(4) in subsection (f)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘authorized to be appro-
priated for this part’’ and inserting ‘‘appro-
priated under section 3(a)(2)’’. 
Subtitle E—Title I General 
Provisions 
SEC. 151. GENERAL PROVISIONS FOR TITLE I. 
Part I of title I (20 U.S.C. 6571 et seq.)— 
(1) is transferred to appear after part B (as re-
designated); and 
(2) is amended to read as follows: 
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‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 1401. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary may, in accordance 
with subsections (b) through (d), issue such regulations as 
are necessary to reasonably ensure there is compliance with 
this title. 
‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 
‘‘(1) IN
GENERAL.—Before publishing in the 
Federal Register proposed regulations to carry out 
this title, the Secretary shall obtain the advice and 
recommendations of representatives of Federal, State, 
and local administrators, parents, teachers, and mem-
bers of local school boards and other organizations in-
volved with the implementation and operation of pro-
grams under this title, including those representatives 
and members nominated by local and national stake-
holder representatives. 
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 
Such advice and recommendations may be obtained 
through such mechanisms as regional meetings and 
electronic exchanges of information. Such regional 
meetings and electronic exchanges of information 
shall be public and notice of such meetings and ex-
changes shall be provided to interested stakeholders. 
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‘‘(3) PROPOSED REGULATIONS.—After obtaining 
such advice and recommendations, and before pub-
lishing proposed regulations, the Secretary shall— 
‘‘(A) establish a negotiated rulemaking 
process; 
‘‘(B) select individuals to participate in 
such process from among individuals or groups 
that provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States, in such numbers as 
will provide an equitable balance between rep-
resentatives of parents and students and rep-
resentatives of educators and education officials; 
and 
‘‘(C) prepare a draft of proposed policy op-
tions that shall be provided to the individuals se-
lected by the Secretary under subparagraph (B) 
not less than 15 days before the first meeting 
under such process. 
‘‘(c) PROPOSED RULEMAKING.—If the Secretary deter-
mines that a negotiated rulemaking process is unnecessary 
or the individuals selected to participate in the process 
under paragraph (3)(B) fail to reach unanimous agree-
ment, the Secretary may propose regulations under the fol-
lowing procedure: 
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‘‘(1) Not less than 30 days prior to beginning a 
rulemaking process, the Secretary shall provide to 
Congress, including the Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pen-
sions of the Senate, notice that shall include— 
‘‘(A) a copy of the proposed regulations; 
‘‘(B) the need to issue regulations; 
‘‘(C) the anticipated burden, including the 
time, cost, and paperwork burden, the regula-
tions will have on State educational agencies, 
local educational agencies, schools, and other en-
tities that may be impacted by the regulations; 
and 
‘‘(D) any regulations that will be repealed 
when the new regulations are issued. 
‘‘(2) 30 days after giving notice of the proposed 
rule to Congress, the Secretary may proceed with the 
rulemaking process after all comments received from 
the Congress have been addressed and publishing how 
such comments are addressed with the proposed rule. 
‘‘(3) The comment and review period for any 
proposed regulation shall be 90 days unless an emer-
gency requires a shorter period, in which case such 
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period shall be not less than 45 days and the Sec-
retary shall— 
‘‘(A) designate the proposed regulation as 
an emergency with an explanation of the emer-
gency in the notice and report to Congress under 
paragraph (1); and 
‘‘(B) publish the length of the comment and 
review period in such notice and in the Federal 
Register. 
‘‘(4) No regulation shall be made final after the 
comment and review period until the Secretary has 
published in the Federal Register an independent as-
sessment (which shall include a representative sam-
pling of local educational agencies based on local edu-
cational agency enrollment, urban, suburban, or rural 
character, and other factors impacted by the proposed 
regulation) of— 
‘‘(A) the burden, including the time, cost, 
and paperwork burden, the regulation will im-
pose on State educational agencies, local edu-
cational agencies, schools and other entities that 
may be impacted by the regulation; 
‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may cover the cost 
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219 
of the burden assessed under subparagraph (A); 
and 
‘‘(C) the proposed regulation, which thor-
oughly addresses, based on the comments received 
during the comment and review period under 
paragraph (3), whether the rule is financially, 
operationally, and educationally viable at the 
local level. 
‘‘(d) LIMITATION.—Regulations to carry out this title 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a negotiated 
rule making process is established under subsection (b) of 
section 1401, all published proposed regulations shall con-
form to agreements that result from the rulemaking de-
scribed in section 1401 unless the Secretary reopens the ne-
gotiated rulemaking process. 
‘‘(b) RECORDS.—The Secretary shall ensure that an 
accurate and reliable record of agreements reached during 
the negotiations process is maintained. 
‘‘SEC. 1403. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.— 
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‘‘(1) IN
GENERAL.—Each State that receives 
funds under this title shall— 
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform 
to the purposes of this title and provide any such 
proposed rules, regulations, and policies to the 
committee of practitioners created under sub-
section (b) for review and comment; 
‘‘(B) minimize such rules, regulations, and 
policies to which the State’s local educational 
agencies and schools are subject; 
‘‘(C) eliminate or modify State and local 
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds 
under schoolwide programs; 
‘‘(D) identify any such rule, regulation, or 
policy as a State-imposed requirement; and 
‘‘(E)(i) identify any duplicative or con-
trasting requirements between the State and Fed-
eral rules or regulations; 
‘‘(ii) eliminate the rules and regulations 
that are duplicative of Federal requirements; and 
‘‘(iii) report any conflicting requirements to 
the Secretary and determine which Federal or 
State rule or regulation shall be followed. 
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‘‘(2) SUPPORT AND FACILITATION.—State rules, 
regulations, and policies under this title shall support 
and facilitate local educational agency and school- 
level systemic reform designed to enable all children 
to meet the State academic standards. 
‘‘(b) COMMITTEE OF PRACTITIONERS.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that receives funds under this title shall create 
a State committee of practitioners to advise the State 
in carrying out its responsibilities under this title. 
‘‘(2) MEMBERSHIP.—Each such committee shall 
include— 
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies; 
‘‘(B) administrators, including the admin-
istrators of programs described in other parts of 
this title; 
‘‘(C) teachers from public charter schools, 
traditional public schools, and career and tech-
nical educators; 
‘‘(D) parents; 
‘‘(E) members of local school boards; 
‘‘(F) representatives of public charter school 
authorizers; 
‘‘(G) public charter school leaders; 
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222 
‘‘(H) representatives of private school chil-
dren; and 
‘‘(I) specialized instructional support per-
sonnel. 
‘‘(3) DUTIES.—The duties of such committee 
shall include a review, before publication, of any pro-
posed or final State rule or regulation pursuant to 
this title. In an emergency situation where such rule 
or regulation must be issued within a very limited 
time to assist local educational agencies with the op-
eration of the program under this title, the State edu-
cational agency may issue a regulation without prior 
consultation, but shall immediately thereafter convene 
the State committee of practitioners to review the 
emergency regulation before issuance in final form. 
‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 
SPENDING. 
‘‘Nothing in this title shall be construed to mandate 
or prohibit equalized spending per pupil for a State, local 
educational agency, or school.’’. 
TITLE 
II—TEACHER 
PREPARA-
TION AND EFFECTIVENESS 
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 
(a) HEADING.—The title heading for title II (20 
U.S.C. 6601 et seq.) is amended to read as follows: 
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223 
‘‘TITLE II—TEACHER PREPARA-
TION AND EFFECTIVENESS’’. 
(b) PART A.—Part A of title II (20 U.S.C. 6601 et 
seq.) is amended to read as follows: 
‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 
‘‘SEC. 2101. PURPOSE. 
‘‘The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational 
agencies to— 
‘‘(1) increase student achievement consistent with 
State academic standards under section 1111(b)(1); 
‘‘(2) improve teacher and school leader effective-
ness in classrooms and schools, respectively; 
‘‘(3) provide evidence-based, job-embedded, con-
tinuous professional development; and 
‘‘(4) if a State educational agency or local edu-
cational agency so chooses, develop and implement 
teacher evaluation systems that use, in part, student 
achievement data to determine teacher effectiveness. 
‘‘Subpart 1—Grants to States 
‘‘SEC. 2111. ALLOTMENTS TO STATES. 
‘‘(a) IN GENERAL.—Of the amounts appropriated 
under section 3(b), the Secretary shall reserve 75 percent 
to make grants to States with applications approved under 
section 2112 to pay for the Federal share of the cost of car-
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224 
rying out the activities specified in section 2113. Each 
grant shall consist of the allotment determined for a State 
under subsection (b). 
‘‘(b) DETERMINATION OF ALLOTMENTS.— 
‘‘(1) RESERVATION OF FUNDS.—Of the amount 
reserved under subsection (a) for a fiscal year, the 
Secretary shall reserve— 
‘‘(A) not more than 1 percent to carry out 
national activities under section 2132; 
‘‘(B) one-half of 1 percent for allotments to 
outlying areas on the basis of their relative need, 
as determined by the Secretary, in accordance 
with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Secretary 
of the Interior for programs under this part in 
schools operated or funded by the Bureau of In-
dian Education. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds reserved under sub-
section (a) for any fiscal year and not reserved 
under paragraph (1), the Secretary shall allot to 
each State the sum of— 
‘‘(i) an amount that bears the same re-
lationship to 50 percent of the funds as the 
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225 
number of individuals age 5 through 17 in 
the State, as determined by the Secretary on 
the basis of the most recent satisfactory 
data, bears to the number of those individ-
uals in all such States, as so determined; 
and 
‘‘(ii) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 17 
from families with incomes below the pov-
erty line in the State, as determined by the 
Secretary on the basis of the most recent 
satisfactory data, bears to the number of 
those individuals in all such States, as so 
determined. 
‘‘(B) SMALL STATE MINIMUM.—No State re-
ceiving an allotment under subparagraph (A) 
may receive less than one-half of 1 percent of the 
total amount of funds allotted under such sub-
paragraph for a fiscal year. 
‘‘(C) APPLICABILITY.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply with respect to a fiscal year 
unless the Secretary certifies in writing to 
Congress for that fiscal year that the 
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amount of funds allotted under subpara-
graph (A) to local educational agencies that 
serve a high percentage of students from 
families with incomes below the poverty line 
is not less than the amount allotted to such 
local educational agencies for fiscal year 
2015. 
‘‘(ii) SPECIAL
RULE.—For a fiscal 
year for which subparagraph (A) does not 
apply, the Secretary shall allocate to each 
State the funds described in subparagraph 
(A) according to the formula set forth in 
subsection (b)(2)(B)(i) of this section as in 
effect on the day before the date of the enact-
ment of the Student Success Act. 
‘‘(c) REALLOTMENT.—If a State does not apply for an 
allotment under this section for any fiscal year or only a 
portion of the State’s allotment is allotted under subsection 
(b)(2), the Secretary shall reallot the State’s entire allot-
ment or the remaining portion of its allotment, as the case 
may be, to the remaining States in accordance with sub-
section (b). 
‘‘SEC. 2112. STATE APPLICATION. 
‘‘(a) IN GENERAL.—For a State to be eligible to receive 
a grant under this subpart, the State educational agency 
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227 
shall submit an application to the Secretary at such time 
and in such a manner as the Secretary may reasonably 
require, which shall include the following: 
‘‘(1) A description of how the State educational 
agency will meet the requirements of this subpart. 
‘‘(2) A description of how the State educational 
agency will use a grant received under section 2111, 
including the grant funds the State will reserve for 
State-level activities under section 2113(a)(2). 
‘‘(3) A description of how the State educational 
agency will facilitate the sharing of evidence-based 
and other effective strategies among local educational 
agencies. 
‘‘(4) A description of how, and under what 
timeline, the State educational agency will allocate 
subgrants under subpart 2 to local educational agen-
cies. 
‘‘(5) If applicable, a description of how the State 
educational agency will work with local educational 
agencies in the State to develop or implement a teach-
er or school leader evaluation system. 
‘‘(6) An assurance that the State educational 
agency will comply with section 6501 (regarding par-
ticipation by private school children and teachers). 
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228 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency under subsection (a) shall 
be deemed to be approved by the Secretary unless the Sec-
retary makes a written determination, prior to the expira-
tion of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this subpart. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove an application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that an 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
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229 
‘‘(e) RESPONSE.—If a State educational agency re-
sponds to a notification from the Secretary under subsection 
(d)(2) during the 45-day period beginning on the date on 
which the agency received the notification, and resubmits 
the application with the requested information described in 
subsection (d)(2)(B), the Secretary shall approve or dis-
approve such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If a State educational 
agency does not respond to a notification from the Secretary 
under subsection (d)(2) during the 45-day period beginning 
on the date on which the agency received the notification, 
such application shall be deemed to be disapproved. 
‘‘SEC. 2113. STATE USE OF FUNDS. 
‘‘(a) IN GENERAL.—A State educational agency that 
receives a grant under section 2111 shall— 
‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
‘‘(2) use the remainder of the funds, after reserv-
ing funds under paragraph (1), for the State activi-
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230 
ties described in subsection (b), except that the State 
may reserve not more than 1 percent of the grant 
funds for planning and administration related to car-
rying out activities described in subsection (b). 
‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 
agency that receives a grant under section 2111— 
‘‘(1) shall use the amount described in subsection 
(a)(2) to fulfill the State educational agency’s respon-
sibilities with respect to the proper and efficient ad-
ministration of the subgrant program carried out 
under this part; and 
‘‘(2) may use the amount described in subsection 
(a)(2) to— 
‘‘(A) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide teach-
er evaluation system— 
‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
tem; and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
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231 
evaluation system, implementing such eval-
uation system; 
‘‘(B) disseminate and share evidence-based 
and other effective practices, including practices 
consistent with the principles of effectiveness de-
scribed in section 2222(b), related to teacher and 
school leader effectiveness and professional devel-
opment; 
‘‘(C) provide professional development for 
teachers and school leaders in the State con-
sistent with section 2123(6); 
‘‘(D) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide school 
leader evaluation system, the development 
and implementation of a school leader eval-
uation system; and 
‘‘(ii) in the case of a State educational 
agency implementing a statewide school 
leader evaluation system, implementing 
such evaluation system; and 
‘‘(E) develop and implement policies in the 
State to address any teacher workforce shortages 
in high-need subjects, including in science, tech-
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232 
nology, engineering, math, computer science, and 
foreign languages. 
‘‘Subpart 2—Subgrants to Local Educational 
Agencies 
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Each State receiving a grant 
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(1) to award subgrants to local educational 
agencies under this section. 
‘‘(b) ALLOCATION OF FUNDS.—From the funds re-
served by a State under section 2113(a)(1), the State edu-
cational agency shall allocate to each local educational 
agency in the State the sum of— 
‘‘(1) an amount that bears the same relationship 
to 50 percent of the funds as the number of individ-
uals age 5 through 17 in the geographic area served 
by the local educational agency, as determined by the 
State on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geo-
graphic areas served by all the local educational agen-
cies in the State, as so determined; and 
‘‘(2) an amount that bears the same relationship 
to 50 percent of the funds as the number of individ-
uals age 5 through 17 from families with incomes 
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below the poverty line in the geographic area served 
by the local educational agency, as determined by the 
State on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geo-
graphic areas served by all the local educational agen-
cies in the State, as so determined. 
‘‘SEC. 2122. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this sub-
part, a local educational agency shall submit an applica-
tion to the State educational agency involved at such time, 
in such a manner, and containing such information as the 
State educational agency may reasonably require that, at 
a minimum, shall include the following: 
‘‘(1) A description of— 
‘‘(A) how the local educational agency will 
meet the requirements of this subpart; 
‘‘(B) how the activities to be carried out by 
the local educational agency under this subpart 
will be evidence-based, improve student academic 
achievement, and improve teacher and school 
leader effectiveness; and 
‘‘(C) if applicable, how, the local edu-
cational agency will work with parents, teachers, 
school leaders, and other staff of the schools 
served by the local educational agency in devel-
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its application under section 8005 or any 
timely amendment to such application. 
‘‘(3) AMOUNT.—A local educational agency eligi-
ble under subsection (b) shall receive a foundation 
payment as provided for under subparagraphs (A) 
and (B) of subsection (h)(1), except that the founda-
tion payment shall be calculated based on the most re-
cent payment received by the local educational based 
on its former common status.’’; 
(5) in subsection (h)— 
(A) in paragraph (2)— 
(i) in subparagraph (C)(ii), by strik-
ing ‘‘section 8014(a)’’ and inserting ‘‘sec-
tion 3(d)(1)’’; and 
(ii) in subparagraph (D), by striking 
‘‘section 8014(a)’’ and inserting ‘‘section 
3(d)(1)’’; and 
(B) in paragraph (4), by striking ‘‘Impact 
Aid Improvement Act of 2012’’ and inserting 
‘‘Student Success Act’’; 
(6) by repealing subsections (k) and (m); 
(7) by redesignating subsection (l) as subsection 
(j); 
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on the requests of, local educational agencies 
in the State) to the Secretary; or 
‘‘(ii) by Indian tribes (on behalf of 
schools operated by the tribes) to the Sec-
retary. 
‘‘(3) GENERAL REQUIREMENTS.— 
‘‘(A) STATE
EDUCATIONAL
AGENCIES.—In 
the case of a waiver request submitted by a State 
educational agency acting on its own behalf, or 
on behalf of local educational agencies in the 
State, the State educational agency shall— 
‘‘(i) provide the public and local edu-
cational agencies in the State with notice 
and a reasonable opportunity to comment 
and provide input on the request; 
‘‘(ii) submit the comments and input 
to the Secretary, with a description of how 
the State addressed the comments and 
input; and 
‘‘(iii) provide notice and a reasonable 
time to comment to the public and local 
educational agencies in the manner in 
which the applying agency customarily pro-
vides similar notice and opportunity to 
comment to the public. 
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