I 
112TH CONGRESS 
2D SESSION 
H. R. 3989 
To support State and local accountability for public education, inform parents 
of their schools’ performance, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2012 
Mr. KLINE (for himself, Mr. HUNTER, Mr. ROE of Tennessee, Mr. PETRI, Mr. 
WILSON of South Carolina, Mr. THOMPSON of Pennsylvania, Mr. 
DESJARLAIS, Mrs. NOEM, Mrs. ROBY, and Mr. HECK) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To support State and local accountability for public edu-
cation, inform parents of their schools’ performance, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Success Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
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Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 
Subtitle A—In General 
Sec. 101. Title heading. 
Sec. 102. Statement of purpose. 
Sec. 103. Flexibility to use Federal funds. 
Sec. 104. School improvement. 
Sec. 105. State administration. 
Subtitle B—Improving the Academic Achievement of the Disadvantaged 
Sec. 111. Part A headings. 
Sec. 112. State plans. 
Sec. 113. Local educational agency plans. 
Sec. 114. Eligible school attendance areas. 
Sec. 115. Schoolwide programs. 
Sec. 116. Targeted assistance schools. 
Sec. 117. Academic assessment and local educational agency and school im-
provement; school support and recognition. 
Sec. 118. Parental involvement. 
Sec. 119. Qualifications for teachers and paraprofessionals. 
Sec. 120. Participation of children enrolled in private schools. 
Sec. 121. Fiscal requirements. 
Sec. 122. Coordination requirements. 
Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 
Sec. 124. Allocations to States. 
Sec. 125. Basic grants to local educational agencies. 
Sec. 126. Adequacy of funding of targeted grants to local educational agencies 
in fiscal years after fiscal year 2001. 
Sec. 127. Education finance incentive grant program. 
Sec. 128. Carryover and waiver. 
Subtitle C—Additional Aid to States and School Districts 
Sec. 131. Additional aid. 
Subtitle D—National Assessment 
Sec. 141. National assessment of title I. 
Subtitle E—Title I General Provisions 
Sec. 151. General provisions for title I. 
TITLE II—GENERAL PROVISIONS FOR THE ACT 
Sec. 201. General provisions for the Act. 
Sec. 202. Repeal. 
Sec. 203. Amendment to IDEA. 
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SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. TRANSITION. 
Unless otherwise provided in this Act, any person or 
agency that was awarded a grant under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award, except that funds for such award may not 
continue more than one year after the date of the enact-
ment of this Act. 
SEC. 5. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, this Act, and the amendments made by this Act, 
shall be effective upon the date of enactment of this Act. 
(b) NONCOMPETITIVE PROGRAMS.—With respect to 
noncompetitive programs under which any funds are allot-
ted by the Secretary of Education to recipients on the 
basis of a formula, this Act, and the amendments made 
by this Act, shall take effect on July 1, 2012. 
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(c) COMPETITIVE PROGRAMS.—With respect to pro-
grams that are conducted by the Secretary on a competi-
tive basis, this Act, and the amendments made by this Act, 
shall take effect with respect to appropriations for use 
under those programs for fiscal year 2013. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
The Act (20 U.S.C. 6301 et seq.) is amended by in-
serting after section 2 the following: 
‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) TITLE I.— 
‘‘(1) PART A.—There are authorized to be ap-
propriated to carry out part A of title I 
$16,651,768,000 for fiscal year 2013. 
‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of title I $3,194,000 
for fiscal year 2013. 
‘‘(b) OUT YEARS.—The amounts authorized by sub-
section (a) shall be increased for each of fiscal years 2014 
through 2018 by a percentage equal to the percentage of 
inflation according to the Consumer Price Index, for the 
calendar year ending prior to the beginning of that fiscal 
year.’’. 
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TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES 
Subtitle A—In General 
SEC. 101. TITLE HEADING. 
The title heading for title I (20 U.S.C. 6301 et seq.) 
is amended to read as follows: 
‘‘TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES’’. 
SEC. 102. STATEMENT OF PURPOSE. 
Section 1001 (20 U.S.C. 6301) is amended to read 
as follows: 
‘‘SEC. 1001. STATEMENT OF PURPOSE. 
‘‘The purpose of this title is to provide all children 
the opportunity to graduate high school prepared for post-
secondary education or the workforce. This purpose can 
be accomplished by— 
‘‘(1) meeting the educational needs of low- 
achieving children in our Nation’s highest-poverty 
schools, English learners, migratory children, chil-
dren with disabilities, Indian children, and neglected 
or delinquent children; 
‘‘(2) closing the achievement gap between high- 
and low-performing children, especially the achieve-
ment gaps between minority and nonminority stu-
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dents, and between disadvantaged children and their 
more advantaged peers; 
‘‘(3) affording parents substantial and mean-
ingful opportunities to participate in the education 
of their children; and 
‘‘(4) challenging States and local educational 
agencies to embrace meaningful, evidence-based edu-
cation reform, while encouraging state and local in-
novation.’’. 
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 
Section 1002 (20 U.S.C. 6302) is amended to read 
as follows: 
‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 
‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
STATE EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a State educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any State activity authorized or re-
quired under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Section 1004. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
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‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to 
local educational agencies or other entities 
eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
‘‘(4) DISBURSEMENT.—The Secretary shall dis-
burse the applicable funding to State educational 
agencies for alternative uses under paragraph (1) for 
a fiscal year at the same time as the Secretary dis-
burses the applicable funding to State educational 
agencies that do not intend to use the applicable 
funding for such alternative uses for the fiscal year. 
‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a local educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any local activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Subpart 1 of part A of title I. 
‘‘(C) Subpart 2 of part A of title I. 
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‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(F) Subpart 6 of part A of title I. 
‘‘(2) NOTIFICATION.—A local educational agen-
cy shall notify the State educational agency of the 
local educational agency’s intention to use the appli-
cable funding for any of the alternative uses under 
paragraph (1) by a date that is established by the 
State educational agency for the notification. 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out local activities under one or more of 
the following provisions: 
‘‘(i) Subpart 2 of part A of title I. 
‘‘(ii) Subpart 3 of part A of title I. 
‘‘(iii) Subpart 4 of part A of title I. 
‘‘(iv) Chapter A of subpart 6 of part 
A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that local educational agen-
cies are required by this Act— 
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‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to en-
tities eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
‘‘(4) DISBURSEMENT.—Each State educational 
agency that receives applicable funding for a fiscal 
year shall disburse the applicable funding to local 
educational agencies for alternative uses under para-
graph (1) for the fiscal year at the same time as the 
State educational agency disburses the applicable 
funding to local educational agencies that do not in-
tend to use the applicable funding for such alter-
native uses for the fiscal year. 
‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State 
educational agency or a local educational agency shall only 
use applicable funding (as defined in subsection (a)(3) or 
(b)(3), respectively) for administrative costs incurred in 
carrying out a provision listed in subsection (a)(1) or 
(b)(1), respectively, to the extent that the agency, in the 
absence of this section, could have used funds for adminis-
trative costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively. 
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‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to relieve a State educational agen-
cy or local educational agency of any requirements relating 
to— 
‘‘(1) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(2) comparability of services; 
‘‘(3) equitable participation of private school 
students and teachers; 
‘‘(4) applicable civil rights requirements; 
‘‘(5) subsections (a), (b), and (c) of section 
1113; or 
‘‘(6) section 1111.’’. 
SEC. 104. SCHOOL IMPROVEMENT. 
Section 1003 (20 U.S.C. 6303) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2 percent’’ and inserting 
‘‘10 percent’’; and 
(B) by striking ‘‘subpart 2 of part A’’ and 
all that follows through ‘‘sections 1116 and 
1117,’’ and inserting ‘‘chapter B of subpart 1 
of part A for each fiscal year to carry out sub-
section (b),’’; 
(2) in subsection (b)(1), by striking ‘‘for schools 
identified for school improvement, corrective action, 
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and restructuring, for activities under section 
1116(b)’’ and inserting ‘‘to carry out the State’s 
system 
of 
school 
improvement 
under 
section 
1111(b)(3)(B)(iii)’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘and’’ 
at the end; 
(B) in paragraph (2), by striking ‘‘need for 
such funds; and’’ and inserting ‘‘commitment to 
using such funds to improve such schools.’’; and 
(C) by striking paragraph (3); 
(4) in subsection (d)(1), by striking ‘‘subpart 2 
of part A;’’ and inserting ‘‘chapter B of subpart 1 
of part A;’’; 
(5) in subsection (e)— 
(A) by striking ‘‘in any fiscal year’’ and in-
serting ‘‘in fiscal year 2014 and each subse-
quent fiscal year’’; 
(B) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B of subpart 1 of part A’’; and 
(C) by striking ‘‘such subpart’’ and insert-
ing ‘‘such chapter’’; 
(6) in subsection (f), by striking ‘‘and the per-
centage of students from each school from families 
with incomes below the poverty line’’; and 
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(7) by striking subsection (g). 
SEC. 105. STATE ADMINISTRATION. 
Section 1004 (20 U.S.C. 6304) is amended to read 
as follows: 
‘‘SEC. 1004. STATE ADMINISTRATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), to carry out administrative duties assigned under sub-
parts 1, 2, and 3 of part A of this title, each State may 
reserve the greater of— 
‘‘(1) 1 percent of the amounts received under 
such subparts; or 
‘‘(2) $400,000 ($50,000 in the case of each 
outlying area). 
‘‘(b) EXCEPTION.—If the sum of the amounts re-
served under subparts 1, 2, and 3 of part A of this title 
is equal to or greater than $14,000,000,000, then the res-
ervation described in subsection (a)(1) shall not exceed 1 
percent of the amount the State would receive if 
$14,000,000,000 were allocated among the States for sub-
parts 1, 2, and 3 of part A of this title.’’. 
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Subtitle 
B—Improving 
the 
Aca-
demic Achievement of the Dis-
advantaged 
SEC. 111. PART A HEADINGS. 
(a) PART HEADING.—The part heading for part A 
of title I (20 U.S.C. 6311 et seq.) is amended to read 
as follows: 
‘‘PART A—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVANTAGED’’. 
(b) SUBPART 1 HEADING.—The Act is amended by 
striking the subpart heading for subpart 1 of part A of 
title I (20 U.S.C. 6311 et seq.) and inserting the following: 
‘‘Subpart 1—Improving Basic Programs Operated by 
Local Educational Agencies 
‘‘CHAPTER A—BASIC PROGRAM 
REQUIREMENTS’’. 
(c) SUBPART 2 HEADING.—The Act is amended by 
striking the subpart heading for subpart 2 of part A of 
title I (20 U.S.C. 6331 et seq.) and inserting the following: 
‘‘CHAPTER B—ALLOCATIONS’’. 
SEC. 112. STATE PLANS. 
Section 1111 (20 U.S.C. 6311) is amended to read 
as follows: 
‘‘SEC. 1111. STATE PLANS. 
‘‘(a) PLANS REQUIRED.— 
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‘‘(1) IN GENERAL.—For any State desiring to 
receive a grant under this subpart, the State edu-
cational agency shall submit to the Secretary a plan, 
developed by the State educational agency, in con-
sultation with local educational agencies, teachers, 
school leaders, specialized instructional support per-
sonnel, other appropriate school personnel, and par-
ents, that satisfies the requirements of this section 
and that is coordinated with other programs under 
this Act, the Individuals with Disabilities Education 
Act, the Carl D. Perkins Career and Technical Edu-
cation Act of 2006, the Head Start Act, the Adult 
Education and Family Literacy Act, and the McKin-
ney-Vento Homeless Assistance Act. 
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as 
part of a consolidated plan under section 5302. 
‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS-
MENTS, AND STATE ACCOUNTABILITY.— 
‘‘(1) ACADEMIC STANDARDS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has adopted aca-
demic content standards and academic achieve-
ment standards aligned with such content 
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standards that comply with the requirements of 
this paragraph. 
‘‘(B) SUBJECTS.—The State shall have 
such academic standards for mathematics and 
reading or language arts, and may have any 
other subject determined by the State. 
‘‘(C) REQUIREMENTS.—The standards de-
scribed in subparagraph (A) shall— 
‘‘(i) apply to all public schools and 
public school students in the State; and 
‘‘(ii) with respect to academic achieve-
ment standards, include the same knowl-
edge, skills, and levels of achievement ex-
pected of all public school students in the 
State. 
‘‘(D) ALTERNATE
ACADEMIC
ACHIEVE-
MENT STANDARDS.—Notwithstanding any other 
provision of this paragraph, a State may, 
through a documented and validated standards- 
setting 
process, 
adopt 
alternate 
academic 
achievement standards for students with the 
most significant cognitive disabilities, if— 
‘‘(i) the determination about whether 
the achievement of an individual student 
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should be measured against such standards 
is made separately for each student; and 
‘‘(ii) such standards— 
‘‘(I) are aligned with the State 
academic standards required under 
subparagraph (A); 
‘‘(II) promote access to the gen-
eral curriculum; and 
‘‘(III) reflect professional judg-
ment as to the highest possible stand-
ards achievable by such students. 
‘‘(E) ENGLISH
LANGUAGE
PROFICIENCY 
STANDARDS.—Each State plan shall describe 
how the State educational agency will establish 
English language proficiency standards that 
are— 
‘‘(i) derived from the four recognized 
domains of speaking, listening, reading, 
and writing; and 
‘‘(ii) aligned with the State’s academic 
content standards in reading or language 
arts under subparagraph (A). 
‘‘(2) ACADEMIC ASSESSMENTS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State educational agency, 
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in consultation with local educational agencies, 
has implemented a set of high-quality student 
academic assessments in mathematics and read-
ing or language arts, and may have any other 
subject chosen by the State. 
‘‘(B) REQUIREMENTS.—Such assessments 
shall— 
‘‘(i) be used in determining the per-
formance of each local educational agency 
and public school in the State in accord-
ance with the State’s accountability system 
under paragraph (3); 
‘‘(ii) be the same academic assess-
ments used to measure the academic 
achievement of all public school students in 
the State; 
‘‘(iii) be aligned with the State’s aca-
demic standards and provide coherent and 
timely information about student attain-
ment of such standards; 
‘‘(iv) be used for purposes for which 
such assessments are valid and reliable, be 
of adequate technical quality for each pur-
pose required under this Act, and be con-
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sistent with relevant, nationally recognized 
professional and technical standards; 
‘‘(v)(I) in the case of mathematics 
and reading, be administered in each of 
grades 3 through 8 and at least once in 
grades 9 through 12; 
‘‘(II) in the case of any other subject 
chosen by the State, be administered at the 
discretion of the State; 
‘‘(vi) measure individual student aca-
demic proficiency and growth; 
‘‘(vii) at the State’s discretion— 
‘‘(I) be administered through a 
single annual summative assessment; 
or 
‘‘(II) be administered through 
multiple 
assessments 
during 
the 
course of the academic year that re-
sult in a single summative score that 
provides valid, reliable, and trans-
parent 
information 
on 
student 
achievement; 
‘‘(viii) include measures that assess 
higher-order thinking skills and under-
standing; 
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‘‘(ix) provide for— 
‘‘(I) the participation in such as-
sessments of all students; 
‘‘(II) the reasonable adaptations 
and accommodations for students with 
disabilities necessary to measure the 
academic achievement of such stu-
dents relative to the State’s academic 
standards; and 
‘‘(III) the inclusion of English 
learners, who shall be assessed in a 
valid and reliable manner and pro-
vided reasonable accommodations, in-
cluding, to the extent practicable, as-
sessments in the language and form 
most likely to yield accurate and reli-
able information on what such stu-
dents know and can do in academic 
content areas, until such students 
have achieved English language pro-
ficiency, as assessed by the State 
under subparagraph (D); 
‘‘(x) notwithstanding clause (ix)(III), 
provide for the assessment of reading or 
language arts in English for English learn-
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ers who have attended school in the United 
States (not including Puerto Rico) for 3 or 
more consecutive school years, except that 
a local educational agency may, on a case- 
by-case basis, provide for the assessment of 
reading or language arts for each such stu-
dent in a language other than English for 
a period not to exceed 2 additional con-
secutive years if the assessment would be 
more likely to yield accurate and reliable 
information on what such student knows 
and can do, provided that such student has 
not yet reached a level of English language 
proficiency sufficient to yield valid and reli-
able information on what such student 
knows and can do on reading or language 
arts assessments written in English; 
‘‘(xi) produce individual student inter-
pretive, descriptive, and diagnostic reports 
that allow parents, teachers, and school 
leaders to understand and address the spe-
cific academic needs of students, and in-
clude information regarding achievement 
on academic assessments, and that are 
provided to parents, teachers, and school 
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leaders, as soon as is practicable after the 
assessment is given, in an understandable 
and uniform format, and to the extent 
practicable, in a language that parents can 
understand; 
‘‘(xii) 
enable 
results 
to 
be 
disaggregated within each State, local edu-
cational agency, and school by gender, by 
each major racial and ethnic group, by 
English language proficiency status, by mi-
grant status, by status as a student with 
a disability, and by economically disadvan-
taged status, except that, in the case of a 
local educational agency or a school, such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student; and 
‘‘(xiii) be administered to not less 
than 95 percent of all students, and not 
less than 95 percent of each subgroup of 
students 
described 
in 
paragraph 
(3)(B)(ii)(II). 
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‘‘(C) ALTERNATE ASSESSMENTS.—A State 
may provide for alternate assessments aligned 
with the alternate academic standards adopted 
in accordance with paragraph (1)(D), for stu-
dents with the most significant cognitive dis-
abilities, if the State— 
‘‘(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program 
teams (as defined in section 614(d)(1)(B) 
of the Individuals with Disabilities Edu-
cation Act) to apply when determining 
when a child’s significant cognitive dis-
ability justifies assessment based on alter-
nate achievement standards; 
‘‘(ii) ensures that the parents of such 
students are informed that— 
‘‘(I) 
their 
child’s 
academic 
achievement will be measured against 
such alternate standards; and 
‘‘(II) whether participation in 
such assessments precludes the stu-
dent from completing the require-
ments for a regular high school di-
ploma, as determined by the State; 
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‘‘(iii) demonstrates that such students 
are, to the extent practicable, included in 
the general curriculum and that such alter-
nate assessments are aligned with such 
curriculum; 
‘‘(iv) develops, disseminates informa-
tion about, and promotes the use of appro-
priate accommodations to increase the 
number of students with disabilities who 
are tested against academic achievement 
standards for the grade in which a student 
is enrolled; and 
‘‘(v) ensures that regular and special 
education teachers and other appropriate 
staff know how to administer the alternate 
assessments, including making appropriate 
use of accommodations for students with 
disabilities. 
‘‘(D) ASSESSMENTS
OF
ENGLISH
LAN-
GUAGE PROFICIENCY.— 
‘‘(i) IN GENERAL.—Each State plan 
shall demonstrate that local educational 
agencies in the State will provide for an 
annual assessment of English proficiency 
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of all English learners in the schools 
served by the State educational agency. 
‘‘(ii) ALIGNMENT.—The assessments 
described in clause (i) shall be aligned with 
the State’s English language proficiency 
standards described in paragraph (1)(E). 
‘‘(E) 
LANGUAGE
ASSESSMENTS.—Each 
State plan shall identify the languages other 
than English that are present in the partici-
pating student population and indicate the lan-
guages for which yearly student academic as-
sessments are not available and are needed. 
The State shall make every effort to develop 
such assessments and may request assistance 
from the Secretary if linguistically accessible 
academic assessment measures are needed. 
Upon request, the Secretary shall assist with 
the identification of appropriate academic as-
sessment measures in the needed languages, but 
shall not mandate a specific academic assess-
ment or mode of instruction. 
‘‘(F) ADAPTIVE
ASSESSMENTS.—A State 
may develop and administer computer adaptive 
assessments as the assessments required under 
subparagraph (A). If a State develops and ad-
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ministers a computer adaptive assessment for 
such purposes, the assessment shall meet the 
requirements of this paragraph, except as fol-
lows: 
‘‘(i) Notwithstanding subparagraph 
(B)(iii), the assessment shall measure, at a 
minimum, each student’s academic pro-
ficiency against the State’s academic 
standards for the student’s grade level and 
growth toward such standards, and, if the 
State chooses, may be used to measure the 
student’s level of performance using as-
sessment items above or below the stu-
dent’s grade level. 
‘‘(ii) Subparagraph (B)(ii) shall not 
be interpreted to require that all students 
taking the computer adaptive assessment 
be administered the same assessment 
items. 
‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a single, statewide accountability 
system to ensure that all public school students 
graduate from high school prepared for postsec-
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ondary education or the workforce without the 
need for remediation. 
‘‘(B) ELEMENTS.—Each State account-
ability system described in subparagraph (A) 
shall at a minimum— 
‘‘(i) annually measure the academic 
achievement of all public school students in 
the State against the State’s academic 
standards adopted under paragraph (1), 
which may include measures of student 
growth toward such standards, using the 
assessments described in paragraph (2) 
and other valid and reliable academic indi-
cators related to student achievement as 
identified by the State; 
‘‘(ii) annually evaluate and identify 
the academic performance of each public 
school in the State based on— 
‘‘(I) student academic achieve-
ment as measured in accordance with 
clause (i); and 
‘‘(II) the overall performance, 
and achievement gaps as compared to 
all students in the school, for eco-
nomically disadvantaged students, stu-
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dents from major racial and ethnic 
groups, students with disabilities, and 
English 
learners, 
except 
that 
disaggregation of data under this sub-
clause shall not be required in a case 
in which the number of students in a 
category is insufficient to yield statis-
tically reliable information or the re-
sults would reveal personally identifi-
able information about an individual 
student; and 
‘‘(iii) include a system for school im-
provement 
for 
low-performing 
public 
schools receiving funds under this subpart 
that— 
‘‘(I) implements interventions in 
such schools that are designed to ad-
dress such schools’ weaknesses; and 
‘‘(II) is implemented by local 
educational agencies serving such 
schools. 
‘‘(C) PROHIBITION.—Nothing in this sec-
tion shall be construed to permit the Secretary 
to establish any criteria that specifies, defines, 
or prescribes any aspect of a State’s account-
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ability system developed and implemented in ac-
cordance with this paragraph. 
‘‘(D) 
ACCOUNTABILITY
FOR
CHARTER 
SCHOOLS.—The accountability provisions under 
this Act shall be overseen for charter schools in 
accordance with State charter school law. 
‘‘(4) REQUIREMENTS.—Each State plan shall 
describe— 
‘‘(A) how the State educational agency will 
assist each local educational agency and each 
public school affected by the State plan to com-
ply with the requirements of this subpart; and 
‘‘(B) how the State educational agency will 
ensure that the results of the State assessments 
described in paragraph (2), the other indicators 
selected 
by 
the 
State 
under 
paragraph 
(3)(B)(i), and the school evaluations described 
in paragraph (3)(B)(ii), will be promptly pro-
vided to local educational agencies, schools, 
teachers, and parents in a manner that is clear 
and easy to understand, but not later than be-
fore the beginning of the school year following 
the school year in which such assessments, 
other indicators, or evaluations are taken or 
completed. 
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‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 
State plan shall describe the process by which the 
State will adopt and implement the State academic 
standards, assessments, and accountability system 
required under this section within 2 years of enact-
ment of the Student Success Act. 
‘‘(6) EXISTING STANDARDS.—Nothing in this 
subpart shall prohibit a State from revising, con-
sistent with this section, any standard adopted 
under this section before or after the date of enact-
ment of the Student Success Act. 
‘‘(c) OTHER PROVISIONS
TO SUPPORT TEACHING 
AND LEARNING.—Each State plan shall contain assur-
ances that— 
‘‘(1) the State will notify local educational 
agencies, schools, teachers, parents, and the public 
of the academic standards, academic assessments, 
and State accountability system developed and im-
plemented under this section; 
‘‘(2) the State will participate in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
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cational Progress Authorization Act if the Secretary 
pays the costs of administering such assessments; 
‘‘(3) the State educational agency will notify 
local educational agencies and the public of the au-
thority to operate schoolwide programs; 
‘‘(4) the State educational agency will provide 
the least restrictive and burdensome regulations for 
local educational agencies and individual schools par-
ticipating in a program assisted under this subpart; 
‘‘(5) the State educational agency will encour-
age schools to consolidate funds from other Federal, 
State, and local sources for schoolwide reform in 
schoolwide programs under section 1114; 
‘‘(6) the State educational agency will modify or 
eliminate State fiscal and accounting barriers so 
that schools can easily consolidate funds from other 
Federal, State, and local sources for schoolwide pro-
grams under section 1114; and 
‘‘(7) the State educational agency will inform 
local educational agencies in the State of the local 
educational agency’s authority to transfer funds 
under section 1002 and to obtain waivers under sec-
tion 5401; 
‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 
shall describe how the State educational agency will sup-
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port the collection and dissemination to local educational 
agencies and schools of effective parental involvement 
practices. Such practices shall— 
‘‘(1) be based on the most current research that 
meets the highest professional and technical stand-
ards on effective parental involvement that fosters 
achievement to high standards for all children; 
‘‘(2) be geared toward lowering barriers to 
greater participation by parents in school planning, 
review, and improvement; and 
‘‘(3) be coordinated with programs funded 
under subpart 3 of part A of title III. 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding sec-
tion 5534, the Secretary shall— 
‘‘(A) establish a peer-review process to as-
sist in the review of State plans; and 
‘‘(B) appoint individuals to the peer-review 
process who are representative of parents, 
teachers, State educational agencies, and local 
educational agencies, and who are familiar with 
educational standards, assessments, account-
ability, the needs of low-performing schools, and 
other educational needs of students. 
‘‘(2) APPROVAL.—The Secretary shall— 
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‘‘(A) approve a State plan within 120 days 
of its submission; 
‘‘(B) disapprove of the State plan only if 
the Secretary demonstrates how the State plan 
fails to meet the requirements of this section 
and immediately notifies the State of such de-
termination and the reasons for such deter-
mination; 
‘‘(C) not decline to approve a State’s plan 
before— 
‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the re-
quirements of this section; and 
‘‘(iii) providing a hearing; and 
‘‘(D) have the authority to disapprove a 
State plan for not meeting the requirements of 
this subpart, but shall not have the authority to 
require a State, as a condition of approval of 
the State plan, to include in, or delete from, 
such plan one or more specific elements of the 
State’s academic standards or State account-
ability system, or to use specific academic as-
sessments or other indicators. 
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‘‘(3) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if it is nec-
essary to satisfy the requirements of this section. 
‘‘(4) PUBLIC
REVIEW.—All communications, 
feedback, and notifications under this subsection 
shall be conducted in a manner that is immediately 
made available to the public through the website of 
the Department, including— 
‘‘(A) State plans submitted or resubmitted 
by a State, including the current approved 
plans; 
‘‘(B) peer review comments; 
‘‘(C) State plan determinations by the Sec-
retary, including approvals or disapprovals; and 
‘‘(D) hearings. 
‘‘(f) DURATION OF THE PLAN.— 
‘‘(1) IN GENERAL.—Each State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
as necessary by the State educational agency to 
reflect changes in the State’s strategies and 
programs under this subpart. 
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‘‘(2) ADDITIONAL
INFORMATION.—If a State 
makes significant changes to its State plan, such as 
the adoption of new State academic standards or 
new academic assessments, or adopts a new State 
accountability system, such information shall be sub-
mitted to the Secretary under subsection (e)(2) for 
approval. 
‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a State 
fails to meet any of the requirements of this section then 
the Secretary shall withhold funds for State administra-
tion under this subpart until the Secretary determines 
that the State has fulfilled those requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this subpart shall prepare and 
disseminate an annual State report card. Such 
dissemination shall include, at a minimum, pub-
licly posting the report card on the home page 
of the State educational agency’s website. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
‘‘(i) concise; and 
‘‘(ii) presented in an understandable 
and uniform format that is developed in 
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consultation with parents and, to the ex-
tent practicable, provided in a language 
that parents can understand. 
‘‘(C) 
REQUIRED
INFORMATION.—The 
State shall include in its annual State report 
card information on— 
‘‘(i) the performance of students, in 
the aggregate and disaggregated by the 
categories of students described in sub-
section (b)(2)(B)(xii) (except that such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student), on the State 
academic assessments described in sub-
section (b)(2); 
‘‘(ii) the participation rate on such as-
sessments, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause 
(i)); 
‘‘(iii) the performance of students, in 
the aggregate and disaggregated in accord-
ance with clause (i), on other academic in-
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dicators 
described 
in 
subsection 
(b)(3)(B)(i); 
‘‘(iv) for each public high school in 
the State, the four-year adjusted cohort 
graduation rate, and, at the State’s discre-
tion, the extended-year adjusted cohort 
graduation rate, calculated— 
‘‘(I) for students graduating in 5 
years or less and 6 years or less (re-
ported separately); and 
‘‘(II) 
in 
the 
aggregate 
and 
disaggregated 
in 
accordance 
with 
clause (i); 
‘‘(v) each public school’s evaluation 
results as determined in accordance with 
subsection (b)(3)(B)(ii); 
‘‘(vi) the acquisition of English pro-
ficiency by English learners; 
‘‘(vii) information on the results of 
teacher evaluations conducted in accord-
ance with section 2123(1); and 
‘‘(viii) the results of the assessments 
described in subsection (c)(2). 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
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such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding 
the progress of each of the State’s public ele-
mentary schools and public secondary schools. 
‘‘(2) ANNUAL
LOCAL
EDUCATIONAL
AGENCY 
REPORT CARDS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that receives assistance under this sub-
part shall prepare and disseminate an annual 
local educational agency report card. 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
State educational agency shall ensure that each 
local educational agency collects appropriate 
data and includes in the local educational agen-
cy’s annual report the information described in 
paragraph (1)(C) as applied to the local edu-
cational agency and each school served by the 
local educational agency, and— 
‘‘(i) in the case of a local educational 
agency, information that shows how stu-
dents served by the local educational agen-
cy achieved on the statewide academic as-
sessment and other academic indicators 
adopted in accordance with subsection 
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(b)(3)(B)(i) compared to students in the 
State as a whole; and 
‘‘(ii) in the case of a school, the 
school’s 
evaluation 
under 
subsection 
(b)(3)(B)(ii). 
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such infor-
mation is included in the annual State report 
card. 
‘‘(D) DATA.—A local educational agency 
or school shall only include in its annual local 
educational agency report card data that are 
sufficient to yield statistically reliable informa-
tion, as determined by the State, and that do 
not reveal personally identifiable information 
about an individual student. 
‘‘(E) PUBLIC DISSEMINATION.—The local 
educational agency shall publicly disseminate 
the information described in this paragraph to 
all schools served by the local educational agen-
cy and to all parents of students attending 
those schools in an understandable and uniform 
format, and, to the extent practicable, in a lan-
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guage that parents can understand, and make 
the information widely available through public 
means, such as posting on the Internet, dis-
tribution to the media, and distribution through 
public agencies, except that if a local edu-
cational agency issues a report card for all stu-
dents, the local educational agency may include 
the information under this section as part of 
such report. 
‘‘(3) PREEXISTING
REPORT
CARDS.—A State 
educational agency or local educational agency may 
use public report cards on the performance of stu-
dents, schools, local educational agencies, or the 
State, that were in effect prior to the enactment of 
the Student Success Act for the purpose of this sub-
section, so long as any such report card is modified, 
as may be needed, to contain the information re-
quired by this subsection. 
‘‘(4) PARENTS RIGHT-TO-KNOW.— 
‘‘(A) ACHIEVEMENT
INFORMATION.—At 
the beginning of each school year, a school that 
receives funds under this subpart shall provide 
to each individual parent information on the 
level of achievement of the parent’s child in 
each of the State academic assessments and 
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other academic indicators adopted in accord-
ance with this subpart. 
‘‘(B) FORMAT.—The notice and informa-
tion provided to parents under this paragraph 
shall be in an understandable and uniform for-
mat and, to the extent practicable, provided in 
a language that the parents can understand. 
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that 
protects the privacy of individuals consistent with section 
444 of the General Education Provisions Act. 
‘‘(j) VOLUNTARY
PARTNERSHIPS.—A State may 
enter into a voluntary partnership with another State to 
develop and implement the academic assessments and 
standards required under this section, except that the Sec-
retary shall not attempt to influence, incentivize, or coerce 
State participation in any such partnerships. 
‘‘(k) CONSTRUCTION.—Nothing in this part shall be 
construed to prescribe the use of the academic assess-
ments described in this part for student promotion or 
graduation purposes. 
‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU- 
FUNDED SCHOOLS.—In determining the assessments to be 
used by each school operated or funded by the Bureau 
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of Indian Education receiving funds under this subpart, 
the following shall apply: 
‘‘(1) Each such school that is accredited by the 
State in which it is operating shall use the assess-
ments and other academic indicators the State has 
developed and implemented to meet the require-
ments of this section, or such other appropriate as-
sessment and academic indicators as approved by 
the Secretary of the Interior. 
‘‘(2) Each such school that is accredited by a 
regional accrediting organization shall adopt an ap-
propriate assessment and other academic indicators, 
in consultation with and with the approval of, the 
Secretary of the Interior and consistent with assess-
ments and academic indicators adopted by other 
schools in the same State or region, that meet the 
requirements of this section. 
‘‘(3) Each such school that is accredited by a 
tribal accrediting agency or tribal division of edu-
cation shall use an assessment and other academic 
indicators developed by such agency or division, ex-
cept that the Secretary of the Interior shall ensure 
that such assessment and academic indicators meet 
the requirements of this section.’’. 
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SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read 
as follows: 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this subpart for any 
fiscal year only if such agency has on file with the 
State educational agency a plan, approved by the 
State educational agency, that is coordinated with 
other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, the 
McKinney-Vento Homeless Assistance Act, and 
other Acts, as appropriate. 
‘‘(2) CONSOLIDATED APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 5302. 
‘‘(b) PLAN PROVISIONS.—Each local educational 
agency plan shall describe— 
‘‘(1) how the local educational agency will mon-
itor, in addition to the State assessments described 
in section 1111(b)(2), students’ progress in meeting 
the State’s academic standards; 
‘‘(2) how the local educational agency will iden-
tify quickly and effectively those students who may 
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be at risk of failing to meet the State’s academic 
standards; 
‘‘(3) how the local educational agency will pro-
vide the additional educational assistance to indi-
vidual students in need of additional help in meeting 
the State’s academic standards; 
‘‘(4) how the local educational agency will im-
plement the school improvement system described in 
section 1111(b)(3)(B)(iii) for any of the agency’s 
schools identified under such section; 
‘‘(5) how the local educational agency will co-
ordinate programs under this subpart with other 
programs under this Act and other Acts, as appro-
priate; 
‘‘(6) the poverty criteria that will be used to se-
lect school attendance areas under section 1113; 
‘‘(7) how teachers, in consultation with parents, 
administrators, and specialized instructional support 
personnel, in targeted assistance schools under sec-
tion 1115, will identify the eligible children most in 
need of services under this subpart; 
‘‘(8) in general, the nature of the programs to 
be conducted by the local educational agency’s 
schools under sections 1114 and 1115, and, where 
appropriate, 
educational 
services 
outside 
such 
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schools for children living in local institutions for ne-
glected and delinquent children, and for neglected 
and delinquent children in community day school 
programs; 
‘‘(9) how the local educational agency will en-
sure that migratory children who are eligible to re-
ceive services under this subpart are selected to re-
ceive such services on the same basis as other chil-
dren who are selected to receive services under this 
subpart; 
‘‘(10) the services the local educational agency 
will provide homeless children, including services 
provided 
with 
funds 
reserved 
under 
section 
1113(c)(3)(A); 
‘‘(11) the strategy the local educational agency 
will use to implement effective parental involvement 
under section 1118; 
‘‘(12) if appropriate, how the local educational 
agency will use funds under this subpart to support 
preschool programs for children, particularly chil-
dren participating in a Head Start program, which 
services may be provided directly by the local edu-
cational agency or through a subcontract with the 
local Head Start agency designated by the Secretary 
of Health and Human Services under section 641 of 
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the Head Start Act, or another comparable early 
childhood development program; 
‘‘(13) how the local educational agency, through 
incentives for voluntary transfers, the provision of 
professional development, recruitment programs, in-
centive pay, performance pay, or other effective 
strategies, will address disparities in the rates of 
low-income and minority students and other stu-
dents being taught by ineffective teachers; and 
‘‘(14) if appropriate, how the local educational 
agency will use funds under this subpart to support 
programs that coordinate and integrate— 
‘‘(A) 
career 
and 
technical 
education 
aligned with State technical standards that pro-
mote skills attainment important to in-demand 
occupations or industries in the State and the 
State’s academic standards under section 
1111(b)(1); and 
‘‘(B) work-based learning opportunities 
that provide students in-depth interaction with 
industry professionals. 
‘‘(c) ASSURANCES.—Each local educational agency 
plan shall provide assurances that the local educational 
agency will— 
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‘‘(1) participate, if selected, in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from 
Federal, State, and local sources; 
‘‘(3) provide technical assistance to schoolwide 
programs; 
‘‘(4) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
cordance with section 1120, and timely and mean-
ingful consultation with private school officials or 
representatives regarding such services; 
‘‘(5) in the case of a local educational agency 
that chooses to use funds under this subpart to pro-
vide early childhood development services to low-in-
come children below the age of compulsory school at-
tendance, ensure that such services comply with the 
performance standards established under section 
641A(a) of the Head Start Act; 
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‘‘(6) inform eligible schools of the local edu-
cational agency’s authority to request waivers on the 
school’s behalf under Title V; and 
‘‘(7) ensure that the results of the academic as-
sessments required under section 1111(b)(2) will be 
provided to parents and teachers as soon as is prac-
ticably possible after the test is taken, in an under-
standable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(d) SPECIAL RULE.—In carrying out subsection 
(c)(5), the Secretary shall— 
‘‘(1) consult with the Secretary of Health and 
Human Services and shall establish procedures (tak-
ing into consideration existing State and local laws, 
and local teacher contracts) to assist local edu-
cational agencies to comply with such subparagraph; 
and 
‘‘(2) disseminate to local educational agencies 
the education performance standards in effect under 
section 641A(a)(1)(B) of the Head Start Act, and 
such agencies affected by such subsection shall plan 
for the implementation of such subsection (taking 
into consideration existing State and local laws, and 
local teacher contracts). 
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‘‘(e) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, school leaders, administrators, and other 
appropriate school personnel, and with parents of 
children in schools served under this subpart. 
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of enactment of this Act and 
shall remain in effect for the duration of the agen-
cy’s participation under this subpart. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(f) STATE APPROVAL.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall be filed according to a schedule es-
tablished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
‘‘(A) enables schools served under this sub-
part to substantially help children served under 
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this subpart to meet the State’s academic 
standards described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this sec-
tion. 
‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to 
determine if such agency’s activities are in accord-
ance with section 1118. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—Each local educational 
agency using funds under this subpart and sub-
part 4 to provide a language instruction edu-
cational program shall, not later than 30 days 
after the beginning of the school year, inform 
parents of an English learner identified for par-
ticipation, or participating in, such a program 
of— 
‘‘(i) the reasons for the identification 
of their child as an English learner and in 
need of placement in a language instruc-
tion educational program; 
‘‘(ii) the child’s level of English pro-
ficiency, how such level was assessed, and 
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the status of the child’s academic achieve-
ment; 
‘‘(iii) the methods of instruction used 
in the program in which their child is, or 
will be participating, and the methods of 
instruction used in other available pro-
grams, including how such programs differ 
in content, instructional goals, and the use 
of English and a native language in in-
struction; 
‘‘(iv) how the program in which their 
child is, or will be participating, will meet 
the educational strengths and needs of 
their child; 
‘‘(v) how such program will specifi-
cally help their child learn English, and 
meet age-appropriate academic achieve-
ment standards for grade promotion and 
graduation; 
‘‘(vi) the specific exit requirements for 
the program, including the expected rate of 
transition from such program into class-
rooms that are not tailored for English 
learners, and the expected rate of gradua-
tion from high school for such program if 
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funds under this subpart are used for chil-
dren in secondary schools; 
‘‘(vii) in the case of a child with a dis-
ability, how such program meets the objec-
tives of the individualized education pro-
gram of the child; 
‘‘(viii) information pertaining to pa-
rental rights that includes written guid-
ance— 
‘‘(I) detailing— 
‘‘(aa) the right that parents 
have to have their child imme-
diately removed from such pro-
gram upon their request; and 
‘‘(bb) the options that par-
ents have to decline to enroll 
their child in such program or to 
choose another program or meth-
od of instruction, if available; and 
‘‘(II) assisting parents in select-
ing among various programs and 
methods of instruction, if more than 
one program or method is offered by 
the eligible entity. 
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‘‘(2) NOTICE.—The notice and information pro-
vided in paragraph (1) to parents of a child identi-
fied for participation in a language instruction edu-
cational program for English learners shall be in an 
understandable and uniform format and, to the ex-
tent practicable, provided in a language that the 
parents can understand. 
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not 
been identified as English learners prior to the be-
ginning of the school year the local educational 
agency shall notify parents within the first 2 weeks 
of the child being placed in a language instruction 
educational program consistent with paragraphs (1) 
and (2). 
‘‘(4) PARENTAL
PARTICIPATION.—Each local 
educational agency receiving funds under this sub-
part shall implement an effective means of outreach 
to parents of English learners to inform the parents 
regarding how the parents can be involved in the 
education of their children, and be active partici-
pants in assisting their children to attain English 
proficiency, achieve at high levels in core academic 
subjects, and meet the State’s academic standards 
expected of all students, including holding, and send-
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ing notice of opportunities for, regular meetings for 
the purpose of formulating and responding to rec-
ommendations from parents of students assisted 
under this subpart. 
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 
student shall not be admitted to, or excluded from, 
any federally assisted education program on the 
basis of a surname or language-minority status.’’. 
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
Section 1113 (20 U.S.C. 6313) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) in subsection (c)(4)— 
(A) by striking ‘‘subpart 2’’ and inserting 
‘‘Chapter B’’; and 
(B) by striking ‘‘school improvement, cor-
rective action, and restructuring under section 
1116(b)’’ and inserting ‘‘school improvement 
under section 1111(b)(3)(B)(iii)’’. 
SEC. 115. SCHOOLWIDE PROGRAMS. 
Section 1114 (20 U.S.C. 6314) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘part’’ and inserting 
‘‘subpart’’; and 
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(ii) by striking ‘‘in which’’ through 
‘‘such families’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘children with 
limited English proficiency’’ and in-
serting ‘‘English learners’’; and 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(C) in paragraph (3)(B), by striking 
‘‘maintenance of effort,’’ after ‘‘private school 
children’’; and 
(D) by striking paragraph (4); and 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(including’’ and 
all 
that 
follows 
through 
‘‘1309(2))’’;and 
(II) by striking ‘‘content stand-
ards and the State student academic 
achievement standards’’ and inserting 
‘‘standards’’; 
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(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘pro-
ficient’’ and all that follows through 
‘‘section 1111(b)(1)(D)’’ and inserting 
‘‘academic standards described in sec-
tion 1111(b)(1)’’; 
(II) in clause (ii), in the matter 
preceding subclause (I), by striking 
‘‘based on scientifically based re-
search’’ 
and 
inserting 
‘‘evidence- 
based’’; 
(III) in clause (iii)— 
(aa) by striking ‘‘student 
academic achievement standards’’ 
and inserting ‘‘academic stand-
ards’’; and 
(bb) by striking ‘‘schoolwide 
program,’’ and all that follows 
through ‘‘technical education pro-
grams; 
and’’ 
and 
inserting 
‘‘schoolwide programs; and’’; and 
(IV) in clause (iv), by striking 
‘‘the State and local improvement 
plans’’ and inserting ‘‘school improve-
ment strategies’’; 
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(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(iv) in subparagraph (D)— 
(I) by striking ‘‘In accordance 
with section 1119 and subsection 
(a)(4), high-quality’’ and inserting 
‘‘High-quality’’; 
(II) by striking ‘‘pupil services’’ 
and inserting ‘‘specialized instruc-
tional support services’’; and 
(III) by striking ‘‘student aca-
demic achievement’’ and inserting 
‘‘academic’’; 
(v) in subparagraph (E), by striking 
‘‘high-quality highly qualified’’ and insert-
ing ‘‘effective’’; 
(vi) in subparagraph (G), by striking 
‘‘, such as Head Start, Even Start, Early 
Reading First, or a State-run preschool 
program,’’; 
(vii) in subparagraph (H), by striking 
‘‘section 1111(b)(3)’’ and inserting ‘‘sec-
tion 1111(b)(2)’’; 
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(viii) in subparagraph (I), by striking 
‘‘proficient or advanced levels of academic 
achievement 
standards’’ 
and 
inserting 
‘‘State academic standards’’; and 
(ix) in subparagraph (J), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘first de-
velop’’ 
and 
all 
that 
follows 
through ‘‘2001)’’ and inserting 
‘‘have in place’’; and 
(bb) by striking ‘‘and its 
school support team or other 
technical 
assistance 
provider 
under section 1117’’; 
(II) in clause (ii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(III) in clause (iv), by striking 
‘‘section 1111(b)(3)’’ and inserting 
‘‘section 1111(b)(2)’’; and 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
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(aa) by striking ‘‘, after con-
sidering the recommendation of 
the technical assistance providers 
under section 1117,’’; and 
(bb) by striking ‘‘the No 
Child Left Behind Act of 2001’’ 
and inserting ‘‘Student Success 
Act’’ ; 
(II) in clause (ii)— 
(aa) by striking ‘‘(including 
administrators of programs de-
scribed in other parts of this 
title)’’; and 
(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
(III) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(IV) in clause (v), by striking 
‘‘Reading First, Early Reading First, 
Even Start,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
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(I) in the heading, by striking ‘‘, 
EVEN
START, OR
EARLY
READING 
FIRST’’; and 
(II) by striking ‘‘, Even Start, or 
Early Reading First’’; 
(iii) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘SUBPART 3— CHIL-
DREN’’; 
(II) by striking ‘‘part C’’ and in-
serting ‘‘subpart 3’’; and 
(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(C) in paragraph (3), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
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(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(iii) in subparagraph (B), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(iv) in subparagraph (C)— 
(I) by striking ‘‘based on scientif-
ically based research’’ and inserting 
‘‘evidence-based’’; and 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
(v) in subparagraph (D), by striking 
‘‘such as Head Start, Even Start, Early 
Reading First or State-run preschool pro-
grams’’; 
(vi) in subparagraph (E), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(vii) in subparagraph (F)— 
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(I) by striking ‘‘in accordance 
with subsection (e)(3) and section 
1119,’’; 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(III) by striking ‘‘pupil services 
personnel’’ and inserting ‘‘specialized 
instructional support personnel’’; 
(viii) in subparagraph (H), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘proficient and ad-
vanced levels of achievement’’ and insert-
ing ‘‘academic standards’’; 
(ii) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(iii) in subparagraph (B), by striking 
‘‘challenging student academic achieve-
ment’’ and inserting ‘‘academic’’; 
(4) in subsection (d), in the matter preceding 
paragraph (1), by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘subpart’’; and 
(5) in subsection (e)— 
(A) in paragraph (2)(B)— 
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(i) in the matter preceding clause (i), 
by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(ii) by striking ‘‘pupil services’’ and 
inserting ‘‘specialized instructional support 
services’’; and 
(B) by striking paragraph (3). 
SEC. 
117. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT; SCHOOL SUPPORT AND RECOGNITION. 
The Act is amended by repealing sections 1116 and 
1117 (20 U.S.C. 6316; 6317). 
SEC. 118. PARENTAL INVOLVEMENT. 
Section 1118 (20 U.S.C. 6318) is amended— 
(1) by striking ‘‘part’’ each place such term ap-
pears and inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
and’’ and all that follows through ‘‘1116’’; 
and 
(ii) in subparagraph (D), by striking 
‘‘, such as’’ and all that follows through 
‘‘preschool programs’’; and 
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(B) in paragraph (3), by striking ‘‘subpart 
2 of this part’’ each place it appears and insert-
ing ‘‘chapter B of this subpart’’; 
(3) by amending subsection (c)(4)(B) to read as 
follows: 
‘‘(B) a description and explanation of the 
curriculum in use at the school and the forms 
of academic assessment used to measure stu-
dent progress; and’’; 
(4) in subsection (d)(1), by striking ‘‘student 
academic achievement’’ and inserting ‘‘academic’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘State’s 
academic content standards and State student 
academic achievement standards’’ and inserting 
‘‘State’s academic standards’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘pupil services per-
sonnel,’’ and inserting ‘‘specialized instruc-
tional support personnel,’’; and 
(ii) by striking ‘‘principals,’’ and in-
serting ‘‘school leaders,’’; and 
(C) in paragraph (4), by striking ‘‘Head 
Start, Reading First, Early Reading First, 
Even Start, the Home Instruction Programs for 
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Preschool Youngsters, the Parents as Teachers 
Program, and public preschool and other’’ and 
inserting ‘‘other Federal, State, and local’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FAMILY ENGAGEMENT
IN EDUCATION PRO-
GRAMS.—In a State operating a program under subpart 
3 of part A of title III, each local educational agency or 
school that receives assistance under this subpart shall in-
form such parents and organizations of the existence of 
such programs.’’. 
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS. 
The Act is amended by repealing section 1119 (20 
U.S.C. 6319). 
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended to read 
as follows: 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
‘‘(1) IN
GENERAL.—To the extent consistent 
with the number of eligible children identified under 
section 1115(b) in the school district served by a 
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local educational agency who are enrolled in private 
elementary schools and secondary schools, a local 
educational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
representatives, provide such service, on an eq-
uitable basis and individually or in combination, 
as requested by the officials or representatives 
to best meet the needs of such children, special 
educational 
services, 
instructional 
services, 
counseling, mentoring, one-on-one tutoring, or 
other benefits under this subpart (such as dual 
enrollment, educational radio and television, 
computer equipment and materials, other tech-
nology, and mobile educational services and 
equipment) that address their needs; and 
‘‘(B) ensure that teachers and families of 
the children participate, on an equitable basis, 
in services and activities developed pursuant to 
this subpart. 
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 
Such educational services or other benefits, including 
materials and equipment, shall be secular, neutral, 
and nonideological. 
‘‘(3) EQUITY.— 
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‘‘(A) IN
GENERAL.—Educational services 
and other benefits for such private school chil-
dren shall be equitable in comparison to serv-
ices and other benefits for public school chil-
dren participating under this subpart, and shall 
be provided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such 
equity for such private school children, teach-
ers, and other educational personnel, the State 
educational agency involved shall designate an 
ombudsman to monitor and enforce the require-
ments of this subpart. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children shall be equal to the ex-
penditures for participating public school chil-
dren, taking into account the number, and edu-
cational needs, of the children to be served. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
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‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agen-
cy; and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to 
serve such children in the following fiscal 
year. 
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency or, in a case described in subsection 
(b)(6)(C), the State educational agency involved, 
may provide services under this section directly or 
through contracts with public or private agencies, 
organizations, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a local educational agency 
shall consult with appropriate private school officials 
or representatives during the design and develop-
ment of such agency’s programs under this subpart 
in order to reach an agreement between the agency 
and the officials or representatives about equitable 
and effective programs for eligible private school 
children, the results of which shall be transmitted to 
the 
designated 
obmudsmen 
under 
section 
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1120(a)(3)(B). Such process shall include consulta-
tion on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, and the proportion of funds 
that is allocated under subsection (a)(4) for 
such services, how that proportion of funds is 
determined under such subsection, and an 
itemization of the costs of the services to be 
provided; 
‘‘(F) the method or sources of data that 
are used under subsection (c) and section 
1113(c)(1) to determine the number of children 
from low-income families in participating school 
attendance areas who attend private schools; 
‘‘(G) how and when the agency will make 
decisions about the delivery of services to such 
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children, including a thorough consideration 
and analysis of the views of the private school 
officials or representatives on the provision of 
services through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or represent-
atives on the provision of services through a 
contract, the local educational agency will pro-
vide in writing to such private school officials 
an analysis of the reasons why the local edu-
cational agency has chosen not to use a con-
tractor; 
‘‘(I) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public and private agencies, organi-
zations, and institutions; 
‘‘(J) whether to provide equitable services 
to eligible private school children— 
‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
paragraph (4) based on all the children 
from low-income families who attend pri-
vate schools in a participating school at-
tendance area of the agency from which 
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the local educational agency will provide 
such services to all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
agency’s participating school attendance 
area with the proportion of funds allocated 
under paragraph (4) based on the number 
of children from low-income families who 
attend such school; and 
‘‘(K) whether to consolidate and use funds 
under this subpart to provide schoolwide pro-
grams for a private school. 
‘‘(2) DISAGREEMENT.—If a local educational 
agency disagrees with the views of private school of-
ficials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agen-
cy shall provide in writing to such private school of-
ficials an analysis of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials. 
‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or 
representatives and shall occur before the local edu-
cational agency makes any decision that affects the 
opportunities of eligible private school children to 
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participate in programs under this subpart. Such 
meetings shall continue throughout implementation 
and assessment of services provided under this sec-
tion. 
‘‘(4) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a 
local educational agency can use to provide equitable 
services to eligible private school children. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or representa-
tives of each participating private school that the 
meaningful consultation required by this section has 
occurred. The written affirmation shall provide the 
option for private school officials or representatives 
to indicate that timely and meaningful consultation 
has not occurred or that the program design is not 
equitable with respect to eligible private school chil-
dren. If such officials or representatives do not pro-
vide such affirmation within a reasonable period of 
time, the local educational agency shall forward the 
documentation that such consultation has, or at-
tempts at such consultation have, taken place to the 
State educational agency. 
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‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school offi-
cial shall have the right to file a complaint with 
the State educational agency that the local edu-
cational agency did not engage in consultation 
that was meaningful and timely, did not give 
due consideration to the views of the private 
school official, or did not treat the private 
school or its students equitably as required by 
this section. 
‘‘(B) PROCEDURE.—If the private school 
official wishes to file a complaint, the official 
shall provide the basis of the noncompliance 
with this section by the local educational agency 
to the State educational agency, and the local 
educational agency shall forward the appro-
priate documentation to the State educational 
agency. 
‘‘(C) STATE EDUCATIONAL AGENCIES.—A 
State educational agency shall provide services 
under this section directly or through contracts 
with public or private agencies, organizations, 
and institutions, if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
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‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency involved has not 
met the requirements of this section; 
or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in a participating school at-
tendance area of the agency that are 
not being served by the agency’s pro-
gram under this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a partici-
pating school attendance area of the 
agency are not being served by the 
agency’s program under this section. 
‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI-
VATE SCHOOL STUDENTS.— 
‘‘(1) CALCULATION.—A local educational agen-
cy shall have the final authority, consistent with this 
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section, to calculate the number of children, ages 5 
through 17, who are from low-income families and 
attend private schools by— 
‘‘(A) using the same measure of low in-
come used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fam-
ilies of private school students, and allowing 
such survey results to be extrapolated if com-
plete actual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance 
area, determined pursuant to this section, to 
the number of private school children who re-
side in that school attendance area; or 
‘‘(D) using an equated measure of low in-
come correlated with the measure of low income 
used to count public school children. 
‘‘(2) COMPLAINT
PROCESS.—Any dispute re-
garding low-income data for private school students 
shall be subject to the complaint process authorized 
in section 5503. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this subpart, and title to materials, 
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equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall 
administer such funds, materials, equipment, and 
property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) PROVIDER.—The provision of services 
under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through a contract by such pub-
lic agency with an individual, association, 
agency, or organization. 
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, asso-
ciation, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or 
contract shall be under the control and super-
vision of such public agency. 
‘‘(e) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for 
the participation in programs on an equitable basis of eli-
gible children enrolled in private elementary schools and 
secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is un-
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willing to provide for such participation, as required by 
this section, the Secretary shall— 
‘‘(1) waive the requirements of this section for 
such local educational agency; 
‘‘(2) arrange for the provision of services to 
such children through arrangements that shall be 
subject to the requirements of this section and sec-
tions 5503 and 5504; and 
‘‘(3) in making the determination under this 
subsection, consider one or more factors, including 
the quality, size, scope, and location of the program 
and the opportunity of eligible children to partici-
pate.’’. 
SEC. 121. FISCAL REQUIREMENTS. 
Section 1120A (20 U.S.C. 6321) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) by striking subsection (a) and redesignating 
subsections (b), (c), and (d) as subsections (a), (b), 
and (c), respectively. 
SEC. 122. COORDINATION REQUIREMENTS. 
Section 1120B (20 U.S.C. 6322) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
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(2) in subsection (a), by striking ‘‘such as the 
Early Reading First program’’; and 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, such as the Early Reading First 
program,’’; 
(B) in paragraphs (1) through (3), by 
striking ‘‘such as the Early Reading First pro-
gram’’ each place it appears; 
(C) in paragraph (4), by striking ‘‘Early 
Reading First program staff,’’; and 
(D) in paragraph (5), by striking ‘‘and en-
tities carrying out Early Reading First pro-
grams’’. 
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 
SECRETARY OF THE INTERIOR. 
Section 1121 (20 U.S.C. 6331) is amended— 
(1) in subsection (a), by striking ‘‘appropriated 
for payments to States for any fiscal year under sec-
tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 
for this subpart under section 1122(a) and 
1125A(f)’’; and 
(2) in subsection (b)— 
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(A) in paragraph (2), by striking ‘‘the No 
Child Left Behind Act of 2001’’ and inserting 
‘‘the Student Success Act’’; 
(B) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘basis,’’ and all that follows through the 
period at the end and inserting ‘‘basis.’’; 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘challenging State academic content 
standards’’ and inserting ‘‘State academic 
standards’’; and 
(iii) by striking subparagraph (D); 
and 
(C) in subsection (d)(2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
SEC. 124. ALLOCATIONS TO STATES. 
Section 1122 (20 U.S.C. 6332) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION.— 
‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91 percent of such amounts to carry out this 
chapter. 
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(4) in subsection (d)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’. 
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES. 
Section 1124 (20 U.S.C. 6333) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘subpart’’ and inserting ‘‘chapter’’; and 
(ii) in subparagraph (C)(i), by strik-
ing ‘‘subpart’’ and inserting ‘‘chapter’’; 
and 
(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting 
‘‘chapter’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘sub-
part 1 of part D’’ and inserting ‘‘chapter A of 
subpart 3’’; and 
(B) in paragraph (2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
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SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 
TO LOCAL EDUCATIONAL AGENCIES IN FIS-
CAL YEARS AFTER FISCAL YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to 
read as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED 
GRANTS TO LOCAL EDUCATIONAL AGENCIES 
IN FISCAL YEARS AFTER FISCAL YEAR 2001. 
‘‘Pursuant to section 1122, the total amount allo-
cated in any fiscal year after fiscal year 2001 for programs 
and activities under this subpart shall not exceed the 
amount allocated in fiscal year 2001 for such programs 
and activities unless the amount available for targeted 
grants to local educational agencies under section 1125 
in the applicable fiscal year meets the requirements of sec-
tion 1122(a).’’. 
SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO-
GRAM. 
Section 1125A (20 U.S.C. 6337) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ap-
propriated pursuant to subsection (f)’’ and in-
serting ‘‘made available for any fiscal year to 
carry out this section’’; and 
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(B) in subparagraph (B)(i), by striking 
‘‘total appropriations’’ and inserting ‘‘the total 
amount reserved under section 1122(a) to carry 
out this section’’; and 
(3) by striking subsections (a), (e), and (f) and 
redesignating subsections (b), (c), (d), and (g) as 
subsections (a), (b), (c), and (d), respectively. 
SEC. 128. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by strik-
ing ‘‘subpart’’ each place it appears and inserting ‘‘chap-
ter’’. 
Subtitle C—Additional Aid to 
States and School Districts 
SEC. 131. ADDITIONAL AID. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.) 
is amended— 
(1) by striking parts B through D and F 
through H; and 
(2) by inserting after subpart 1 of part A the 
following: 
‘‘SUBPART 2—EDUCATION OF MIGRATORY CHILDREN 
‘‘SEC. 1131. PROGRAM PURPOSES. 
‘‘The purposes of this subpart are as follows: 
‘‘(1) To assist States in supporting high-quality 
and comprehensive educational programs and serv-
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ices during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children. 
‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any 
manner by disparities among the States in cur-
riculum, graduation requirements, and State aca-
demic standards. 
‘‘(3) To help such children succeed in school, 
meet the State academic standards that all children 
are expected to meet, and graduate from high school 
prepared for postsecondary education and the work-
force without the need for remediation. 
‘‘(4) To help such children overcome edu-
cational disruption, cultural and language barriers, 
social isolation, various health-related problems, and 
other factors that inhibit the ability of such children 
to succeed in school. 
‘‘(5) To help such children benefit from State 
and local systemic reforms. 
‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.4 per-
cent to carry out this subpart. 
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‘‘(b) GRANTS AWARDED.—From the amounts re-
served under subsection (a) and not reserved under section 
1138(c), the Secretary shall make allotments for the fiscal 
year to State educational agencies, or consortia of such 
agencies, to establish or improve, directly or through local 
operating agencies, programs of education for migratory 
children in accordance with this subpart. 
‘‘SEC. 1133. STATE ALLOCATIONS. 
‘‘(a) STATE ALLOCATIONS.—Except as provided in 
subsection (c), each State (other than the Commonwealth 
of Puerto Rico) is entitled to receive under this subpart 
an amount equal to the product of— 
‘‘(1) the sum of— 
‘‘(A) the average number of full-time 
equivalent identified eligible migratory children 
aged 3 through 21 residing in the State, based 
on data for the preceding 3 years; and 
‘‘(B) the number of identified eligible mi-
gratory children, aged 3 through 21, who re-
ceived services under this subpart in summer or 
intersession programs provided by the State 
during the previous year; multiplied by 
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than 
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