211 
‘‘(e) DOCUMENTATION.—For purposes of deter-
mining whether a child is eligible to be counted for the 
purpose of computing the amount of a grant award under 
section 1263, the membership of the child, or any parent 
or grandparent of the child, in a tribe or band of Indians 
(as so defined) may be established by proof other than 
an enrollment number, notwithstanding the availability of 
an enrollment number for a member of such tribe or band. 
Nothing in subsection (b) shall be construed to require 
the furnishing of an enrollment number. 
‘‘(f) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is nec-
essary to carry out the responsibility of the Sec-
retary to provide technical assistance under this 
chapter, the Secretary shall conduct a moni-
toring and evaluation review of a sampling of 
the recipients of grants under this chapter. The 
sampling conducted under this subparagraph 
shall take into account the size of and the geo-
graphic location of each local educational agen-
cy. 
‘‘(B) EXCEPTION.—A local educational 
agency may not be held liable to the United 
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212 
States or be subject to any penalty, by reason 
of the findings of an audit that relates to the 
date of completion, or the date of submission, 
of any forms used to establish, before April 28, 
1988, the eligibility of a child for an entitle-
ment under the Indian Elementary and Sec-
ondary School Assistance Act. 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this chapter shall— 
‘‘(A) be ineligible to apply for any other 
grant under this chapter; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED
CHILDREN.—A student who 
provides false information for the form required 
under subsection (a) shall not be counted for the 
purpose of computing the amount of a grant under 
section 1263. 
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.— 
Notwithstanding any other provision of this section, in cal-
culating the amount of a grant under this chapter to a 
tribal school that receives a grant or contract from the 
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Bureau of Indian Education, the Secretary shall use only 
one of the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for 
whom the school has eligibility forms that comply 
with this section. 
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of 
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this chapter (other than in the case described in 
subsection (g)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs 
before the deadline established by the Secretary for 
submitting an application under section 1264; and 
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a 
school of the agency on that date or during that pe-
riod, as the case may be. 
‘‘SEC. 1268. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b) and 
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
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214 
retary under this chapter the amount determined under 
section 1263. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later 
than June 1 of the year for which the Secretary makes 
the payment. 
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this 
chapter to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this chapter in determining the eligi-
bility of the local educational agency for State aid, or the 
amount of the State aid, with respect to the free public 
education of children during such fiscal year or the pre-
ceding fiscal year. 
‘‘(c) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best 
carry out the purpose of this chapter, any amounts that— 
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this chapter; or 
‘‘(2) otherwise become available for reallocation 
under this chapter. 
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215 
‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 1264, a local educational agency shall sub-
mit the application to the State educational agency, which 
may comment on such application. If the State educational 
agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments 
to the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘CHAPTER 
B—SPECIAL 
PROGRAMS 
AND 
PROJECTS TO IMPROVE EDUCATIONAL OP-
PORTUNITIES FOR INDIAN CHILDREN 
‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this 
section to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs 
to improve educational opportunities and achieve-
ment of Indian children. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this chapter with— 
‘‘(A) other programs funded under this 
Act; and 
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216 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children. 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), or a consortium of such 
entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 0.2 of one percent to award grants to eligible 
entities to enable such entities to carry out activities 
under this section and section 1272. 
‘‘(2) USES OF FUNDS.—An eligible entity that 
receives a grant under this section shall use the 
funds for one or more activities, including— 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvan-
taged children; 
‘‘(B) educational services that are not 
available to such children in sufficient quantity 
or quality, including remedial instruction, to 
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217 
raise the achievement of Indian children in one 
or more of the core academic subjects of 
English, mathematics, science, foreign lan-
guages, art, history, and geography; 
‘‘(C) bilingual and bicultural programs and 
projects; 
‘‘(D) special health and nutrition services, 
and other related activities, that address the 
special health, social, and psychological prob-
lems of Indian children; 
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or 
reenter school, and to increase the rate of high 
school graduation for Indian children; 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities; 
‘‘(H) partnership projects between local 
educational agencies and institutions of higher 
education that allow secondary school students 
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218 
to enroll in courses at the postsecondary level to 
aid such students in the transition from sec-
ondary to postsecondary education; 
‘‘(I) partnership projects between schools 
and local businesses for career preparation pro-
grams designed to provide Indian youth with 
the knowledge and skills such youth need to 
make an effective transition from school to a 
high-skill, high-wage career; 
‘‘(J) programs designed to encourage and 
assist Indian students to work toward, and gain 
entrance into, an institution of higher edu-
cation; 
‘‘(K) family literacy services; 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
dian children, and incorporate appropriately 
qualified tribal elders and seniors; or 
‘‘(M) other services that meet the purpose 
described in this section. 
‘‘(3) PROFESSIONAL DEVELOPMENT.—Evidence 
based professional development of teaching profes-
sionals and paraprofessionals may be a part of any 
program assisted under this section. 
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
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219 
‘‘(1) GRANT REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make multiyear grants under subsection (c) for 
the planning, development, pilot operation, or 
demonstration of any activity described in sub-
section (c) for a period not to exceed 5 years. 
‘‘(B) PRIORITY.—In making multiyear 
grants described in this paragraph, the Sec-
retary shall give priority to entities submitting 
applications that present a plan for combining 
two or more of the activities described in sub-
section (c) over a period of more than 1 year. 
‘‘(C) PROGRESS.—The Secretary shall 
make a grant payment for a grant described in 
this paragraph to an eligible entity after the 
initial year of the multiyear grant only if the 
Secretary determines that the eligible entity has 
made substantial progress in carrying out the 
activities assisted under the grant in accordance 
with the application submitted under paragraph 
(3) and any subsequent modifications to such 
application. 
‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
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220 
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs as-
sisted under this section. 
‘‘(B) 
DETERMINATION.—The 
Secretary 
may award a dissemination grant described in 
this paragraph if, prior to awarding the grant, 
the Secretary determines that the material or 
program to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.— 
‘‘(A) IN
GENERAL.—Any eligible entity 
that desires to receive a grant under this sec-
tion shall submit an application to the Sec-
retary at such time and in such manner as the 
Secretary may reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph 
(A), other than an application for a dissemina-
tion grant under paragraph (2), shall contain— 
‘‘(i) a description of how parents of 
Indian children and representatives of In-
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221 
dian tribes have been, and will be, involved 
in developing and implementing the activi-
ties for which assistance is sought; 
‘‘(ii) assurances that the applicant will 
participate, at the request of the Secretary, 
in any national evaluation of activities as-
sisted under this section; 
‘‘(iii) information demonstrating that 
the proposed program for the activities is 
an evidence-based program, which may in-
clude a program that has been modified to 
be culturally appropriate for students who 
will be served; and 
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities 
into the ongoing school program involved 
once the grant period is over. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this chapter 
for any fiscal year may be used for administrative pur-
poses. 
‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
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222 
‘‘(1) to increase the number of qualified Indian 
teachers, school leaders, or other education profes-
sionals serving Indian students, including through 
recruitment strategies; 
‘‘(2) to provide training to qualified Indian indi-
viduals to enable such individuals to become effective 
teachers, school leaders, administrators, teacher 
aides, social workers, and ancillary educational per-
sonnel; and 
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in 
paragraph (2). 
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this 
section, the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education; 
‘‘(2) a State educational agency or local edu-
cational agency, in consortium with an institution of 
higher education; 
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education; and 
‘‘(4) a Bureau-funded school (as defined in sec-
tion 1146 of the Education Amendments of 1978). 
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants from funds reserved under sec-
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223 
tion 1271(c)(1) to eligible entities having applications ap-
proved under this section to enable those entities to carry 
out the activities described in subsection (d). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used for activities to provide support 
and training for Indian individuals in a manner con-
sistent with the purposes of this section. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE OF TRAINING.—For education 
personnel, the training received pursuant to a 
grant under this section may be inservice or 
preservice training. 
‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any education-related 
field other than teaching, the training received 
pursuant to a grant under this section shall be 
in a program that results in a graduate degree. 
‘‘(e) APPLICATION.—Each eligible entity desiring a 
grant under this section shall submit an application to the 
Secretary at such time and in such manner as the Sec-
retary may reasonable require. An application shall in-
clude how the eligible entity will— 
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224 
‘‘(1) recruit qualified Indian individuals, such 
as students who may not be of traditional college 
age, to become teachers or school leaders; 
‘‘(2) use funds made available under the grant 
to support the recruitment, preparation, and profes-
sional development of Indian teachers or school lead-
ers in local educational agencies that serve a high 
proportion of Indian students; and 
‘‘(3) assist participants in meeting the require-
ments under subsection (h). 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
‘‘(2) may not limit eligibility to receive a grant 
under this section on the basis of— 
‘‘(A) the number of previous grants the 
Secretary has awarded such entity; or 
‘‘(B) the length of any period during which 
such entity received such grants. 
‘‘(g) GRANT PERIOD.—Each grant under this section 
shall be awarded for an initial period of not more than 
three years, and may be renewed for not more than an 
additional two years if the Secretary finds that the grantee 
is meeting the grant objectives. 
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225 
‘‘(h) SERVICE OBLIGATION.— 
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, that an individual who receives 
training pursuant to a grant made under this sec-
tion— 
‘‘(A) perform work— 
‘‘(i) related to the training received 
under this section; and 
‘‘(ii) that benefits Indian people; or 
‘‘(B) repay all or a prorated part of the as-
sistance received. 
‘‘(2) REPORTING.—The Secretary shall estab-
lish, by regulation, a reporting procedure under 
which a grant recipient under this section shall, not 
later than 12 months after the date of completion of 
the training, and periodically thereafter, provide in-
formation concerning compliance with the work re-
quirement under paragraph (1). 
‘‘CHAPTER C—FEDERAL ADMINISTRATION 
‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION. 
‘‘(a) MEMBERSHIP.—There is established a National 
Advisory Council on Indian Education (hereafter in this 
section referred to as the ‘Council’), which shall— 
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226 
‘‘(1) consist of 15 Indian members, who shall 
be appointed by the President from lists of nominees 
furnished, from time to time, by Indian tribes and 
organizations; and 
‘‘(2) represent different geographic areas of the 
United States. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) advise the Secretary concerning the fund-
ing and administration (including the development of 
regulations and administrative policies and prac-
tices) of any program, including any program estab-
lished under this subpart— 
‘‘(A) with respect to which the Secretary 
has jurisdiction; and 
‘‘(B)(i) that includes Indian children or 
adults as participants; or 
‘‘(ii) that may benefit Indian children 
or adults; 
‘‘(2) make recommendations to the Secretary 
for filling the position of Director of Indian Edu-
cation whenever a vacancy occurs; and 
‘‘(3) submit to Congress, not later than June 
30 of each year, a report on the activities of the 
Council, including— 
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227 
‘‘(A) any recommendations that the Coun-
cil considers appropriate for the improvement of 
Federal education programs that include Indian 
children or adults as participants, or that may 
benefit Indian children or adults; and 
‘‘(B) 
recommendations 
concerning 
the 
funding of any program described in subpara-
graph (A). 
‘‘SEC. 1282. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under chap-
ter B. 
‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under chapter B, the Secretary shall 
give a preference to Indian tribes, organizations, and insti-
tutions of higher education under any program with re-
spect to which Indian tribes, organizations, and institu-
tions are eligible to apply for grants, contracts, or coopera-
tive agreements. 
‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under chapter 
B unless the application is for a grant, contract, or cooper-
ative agreement that is— 
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228 
‘‘(1) of sufficient size, scope, and quality to 
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and 
‘‘(2) based on relevant research findings. 
‘‘CHAPTER D—DEFINITIONS 
‘‘SEC. 1291. DEFINITIONS. 
‘‘For the purposes of this subpart: 
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who— 
‘‘(A) has attained the age of 16 years; or 
‘‘(B) has attained an age that is greater 
than the age of compulsory school attendance 
under an applicable State law. 
‘‘(2) ALASKA NATIVE.—The term ‘Alaska Na-
tive’ has the same meaning as the term ‘Native’ has 
in section 3(b) of the Alaska Native Claims Settle-
ment Act. 
‘‘(3) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is— 
‘‘(A) provided at public expense, under 
public supervision and direction, and without 
tuition charge; and 
‘‘(B) provided as elementary or secondary 
education in the applicable State or to preschool 
children. 
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229 
‘‘(4) INDIAN.—The term ‘Indian’ means an in-
dividual who is— 
‘‘(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
‘‘(i) any tribe or band terminated 
since 1940; and 
‘‘(ii) any tribe or band recognized by 
the State in which the tribe or band re-
sides; 
‘‘(B) a descendant, in the first or second 
degree, of an individual described in subpara-
graph (A); 
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose; 
‘‘(D) an Eskimo, Aleut, or other Alaska 
Native; or 
‘‘(E) a member of an organized Indian 
group that received a grant under the Indian 
Education Act of 1988 as in effect the day pre-
ceding the date of enactment of the Improving 
America’s Schools Act of 1994.’’. 
(b) STRIKE.—The Act is amended by striking title 
VII (20 U.S.C. 7401 et seq.). 
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230 
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 transferred and redesignated as part B of title 
I. 
(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) are repealed. 
(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 ‘‘, act-
ing through the Director of the Institute of 
Education Sciences (in this section and section 
1302 referred to as the ‘Director’),’’ after ‘‘The 
Secretary’’; 
(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 
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231 
school prepared for postsecondary edu-
cation 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 
(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 
effective 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; 
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232 
(vii) in subparagraph (I) (as so redes-
ignated), by striking ‘‘qualifications’’ and 
inserting ‘‘effectiveness’’; 
(viii) in subparagraph (J) (as so re-
designated), by striking ‘‘, including funds 
under section 1002,’’; 
(ix) in subparagraph (L) (as so redes-
ignated), 
by 
striking 
‘‘section 
1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sec-
tion 1111(b)(2)(B)(xiii)’’; 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’’; 
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233 
(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’’; 
(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 
standards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that 
follows and inserting ‘‘extent to which ac-
tions 
authorized 
under 
section 
1111(b)(3)(B)(iii) improve the academic 
achievement of disadvantaged students and 
low-performing schools.’’; and 
(iv) in subparagraph (F), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (3)— 
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234 
(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 
(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’’ and inserting 
‘‘Director’’; 
(B) by striking ‘‘process,’’ and inserting 
‘‘process consistent with section 5534,’’; and 
(C) by striking ‘‘Assistant Secretary of 
Educational Research and Improvement’’ and 
inserting ‘‘Director’’; 
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235 
(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 
(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 
(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.)— 
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(1) is transferred to and redesignated as part 
C of title I of the Act; and 
(2) is amended to read as follows: 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 1401. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary may, in accord-
ance with subsections (b) through (d), issue such regula-
tions as are necessary to reasonably ensure there is com-
pliance 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 members of local school boards and other orga-
nizations involved with the implementation and oper-
ation of programs under this title. 
‘‘(2) 
MEETINGS
AND
ELECTRONIC
EX-
CHANGE.—Such advice and recommendations may 
be obtained through such mechanisms as regional 
meetings and electronic exchanges of information. 
‘‘(3) PROPOSED REGULATIONS.—After obtain-
ing such advice and recommendations, and before 
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237 
publishing 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 offi-
cials; and 
‘‘(C) prepare a draft of proposed policy op-
tions that shall be provided to the individuals 
selected by the Secretary under subparagraph 
(B) not less than 15 days before the first meet-
ing under such process. 
‘‘(c) PROPOSED RULEMAKING.—If the Secretary de-
termines that a negotiated rulemaking process is unneces-
sary or the individuals selected to participate in the proc-
ess under paragraph (3)(B) fail to reach unanimous agree-
ment, the Secretary may propose regulations under the 
following 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 Pensions of the Senate, notice that shall in-
clude— 
‘‘(A) a copy of the proposed regulations; 
‘‘(B) the need to issue regulations; 
‘‘(C) the anticipated burden the regula-
tions will have on State educational agencies, 
local educational agencies, schools, and other 
entities that may be impacted by the regula-
tions; 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 addressing all com-
ments received from the Congress 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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239 
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 of— 
‘‘(A) the burden, including the cost bur-
den, the regulation will impose on State edu-
cational agencies, local educational agencies, 
schools and other entities that may be impacted 
by the regulation; and 
‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may pay for imple-
menting the new regulation. 
‘‘(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. 
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‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a nego-
tiated rule making process is established under subsection 
(b) of section 1401, all published proposed regulations 
shall conform to agreements that result from the rule-
making described in section 1401 unless the Secretary re-
opens the negotiated 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.— 
‘‘(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 
subsection (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-
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241 
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 
Federal 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. 
‘‘(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 cre-
ate a State committee of practitioners to advise the 
State in carrying out its responsibilities under this 
title. 
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‘‘(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 private school chil-
dren; and 
‘‘(G) 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 
educational agency may issue a regulation without 
prior consultation, but shall immediately thereafter 
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243 
convene the State committee of practitioners to re-
view the emergency regulation before issuance in 
final form. 
‘‘SEC. 1404. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—Nothing in this title shall be con-
strued to authorize an officer or employee of the Federal 
Government to mandate, direct, or control a State, local 
educational agency, or school’s specific instructional con-
tent, academic standards and assessments, curriculum, or 
program of instruction. 
‘‘(b) FINANCIAL SUPPORT.—Nothing in this title 
shall be construed to authorize an officer or employee of 
the Federal Government to make financial support avail-
able in a manner that is conditioned upon a State, local 
educational agency, or school’s adoption of specific in-
structional content, academic standards and assessments, 
curriculum, or program of instruction. No funds author-
ized under this Act may be made available to support fed-
erally required instructional content, academic standards 
and assessments, curriculum, or program of instruction 
even if such requirements are specified in an Act other 
than this Act. 
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244 
‘‘SEC. 1405. RULE OF CONSTRUCTION ON EQUALIZED 
SPENDING. 
‘‘Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.’’. 
TITLE II—GENERAL PROVISIONS 
FOR THE ACT 
SEC. 201. GENERAL PROVISIONS FOR THE ACT. 
(a) AMENDING TITLE V.—Title V (20 U.S.C. 7201 
et seq.) is amended to read as follows: 
‘‘TITLE V—GENERAL PROVISIONS 
‘‘PART A—DEFINITIONS 
‘‘SEC. 5101. DEFINITIONS. 
‘‘Except as otherwise provided, in this Act: 
‘‘(1) FOUR-YEAR ADJUSTED COHORT GRADUA-
TION RATE.— 
‘‘(A) IN GENERAL.—The term ‘four-year 
adjusted cohort graduation rate’ means the 
ratio where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student mem-
bership data submitted annually by State 
educational agencies to the National Cen-
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245 
ter for Education Statistics pursuant to 
section 153 of the Education Sciences Re-
form Act, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) the fourth year of high 
school; or 
‘‘(II) a summer session imme-
diately following the fourth year of 
high school. 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
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confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
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247 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the adjusted cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(2) AVERAGE DAILY ATTENDANCE.— 
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249 
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiv-
ing the payment. 
‘‘(D) CHILDREN WITH DISABILITIES.—If a 
local educational agency makes a tuition pay-
ment to a private school or to a public school 
of another local educational agency for a child 
with a disability, as defined in section 602 of 
the Individuals with Disabilities Education Act, 
the Secretary shall, for the purpose of this Act, 
consider the child to be in attendance at a 
school of the agency making the payment. 
‘‘(3) AVERAGE PER-PUPIL EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
‘‘(A) without regard to the source of 
funds— 
‘‘(i) the aggregate current expendi-
tures, during the third fiscal year pre-
ceding the fiscal year for which the deter-
mination is made (or, if satisfactory data 
for that year are not available, during the 
most recent preceding fiscal year for which 
satisfactory data are available) of all local 
educational agencies in the State or, in the 
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case of the United States, for all States 
(which, for the purpose of this paragraph, 
means the 50 States and the District of 
Columbia); plus 
‘‘(ii) any direct current expenditures 
by the State for the operation of those 
agencies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agen-
cies provided free public education during that 
preceding year. 
‘‘(4) CHARTER
SCHOOL.—The term ‘charter 
school’ means a public school that— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempt from significant State or 
local rules that inhibit the flexible operation 
and management of public schools, but not 
from any rules relating to the other require-
ments of this paragraph; 
‘‘(B) is created by a developer as a public 
school, or is adapted by a developer from an ex-
isting public school, and is operated under pub-
lic supervision and direction; 
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251 
‘‘(C) operates in pursuit of a specific set of 
educational 
objectives 
determined 
by 
the 
school’s developer and agreed to by the author-
ized public chartering agency; 
‘‘(D) provides a program of elementary or 
secondary education, or both; 
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all 
other operations; 
‘‘(F) does not charge tuition; 
‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, and part B of the Individuals with Dis-
abilities Education Act; 
‘‘(H) is a school to which parents choose to 
send their children, and that admits students 
on the basis of a lottery, if more students apply 
for admission than can be accommodated; 
‘‘(I) agrees to comply with the same Fed-
eral and State audit requirements as do other 
elementary schools and secondary schools in the 
State, unless such requirements are specifically 
waived for the purpose of this program; 
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252 
‘‘(J) meets all applicable Federal, State, 
and local health and safety requirements; 
‘‘(K) operates in accordance with State 
law; 
‘‘(L) has a written performance contract 
with the authorized public chartering agency in 
the State that includes a description of how 
student performance will be measured in char-
ter schools pursuant to State assessments that 
are required of other schools and pursuant to 
any other assessments mutually agreeable to 
the authorized public chartering agency and the 
charter school; and 
‘‘(M) may serve pre-kindergarten or post-
secondary school students. 
‘‘(5) CHILD.—The term ‘child’ means any per-
son within the age limits for which the State pro-
vides free public education. 
‘‘(6) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the same meaning given 
that term in section 602 of the Individuals with Dis-
abilities Education Act. 
‘‘(7) COMMUNITY-BASED ORGANIZATION.—The 
term ‘community-based organization’ means a public 
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253 
or private nonprofit organization of demonstrated ef-
fectiveness that— 
‘‘(A) is representative of a community or 
significant segments of a community; and 
‘‘(B) provides educational or related serv-
ices to individuals in the community. 
‘‘(8) CONSOLIDATED
LOCAL
APPLICATION.— 
The term ‘consolidated local application’ means an 
application submitted by a local educational agency 
pursuant to section 5305. 
‘‘(9) CONSOLIDATED LOCAL PLAN.—The term 
‘consolidated local plan’ means a plan submitted by 
a local educational agency pursuant to section 5305. 
‘‘(10) CONSOLIDATED
STATE
APPLICATION.— 
The term ‘consolidated State application’ means an 
application submitted by a State educational agency 
pursuant to section 5302. 
‘‘(11) CONSOLIDATED STATE PLAN.—The term 
‘consolidated State plan’ means a plan submitted by 
a State educational agency pursuant to section 
5302. 
‘‘(12) CORE ACADEMIC SUBJECTS.—The term 
‘core academic subjects’ means English, reading or 
language arts, mathematics, science, foreign lan-
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254 
guages, civics and government, economics, arts, his-
tory, and geography. 
‘‘(13) COUNTY.—The term ‘county’ means one 
of the divisions of a State used by the Secretary of 
Commerce in compiling and reporting data regard-
ing counties. 
‘‘(14) COVERED PROGRAM.—The term ‘covered 
program’ means each of the programs authorized 
by— 
‘‘(A) part A of title I; 
‘‘(B) title II; and 
‘‘(C) title III. 
‘‘(15) CURRENT
EXPENDITURES.—The term 
‘current expenditures’ means expenditures for free 
public education— 
‘‘(A) including expenditures for adminis-
tration, instruction, attendance and health serv-
ices, pupil transportation services, operation 
and maintenance of plant, fixed charges, and 
net expenditures to cover deficits for food serv-
ices and student body activities; but 
‘‘(B) not including expenditures for com-
munity services, capital outlay, and debt serv-
ice, or any expenditures made from funds re-
ceived under title I. 
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‘‘(16) DEPARTMENT.—The term ‘Department’ 
means the Department of Education. 
‘‘(17) DISTANCE EDUCATION.—The term ‘dis-
tance education’ means the use of one or more tech-
nologies to deliver instruction to students who are 
separated from the instructor and to support regular 
and substantive interaction between the students 
and 
the 
instructor 
synchronously 
or 
nonsyn-
chronously. 
‘‘(18) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State stat-
ute to develop, manage, and provide services or pro-
grams to local educational agencies. 
‘‘(19) ELEMENTARY SCHOOL.—The term ‘ele-
mentary school’ means a nonprofit institutional day 
or residential school, including a public elementary 
charter school, that provides elementary education, 
as determined under State law. 
‘‘(20) ENGLISH LEARNER.—The term ‘English 
learner’, when used with respect to an individual, 
means an individual— 
‘‘(A) who is aged 3 through 21; 
‘‘(B) who is enrolled or preparing to enroll 
in an elementary school or secondary school; 
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‘‘(C)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
‘‘(ii)(I) who is a Native American or 
Alaska Native, or a native resident of the 
outlying areas; and 
‘‘(II) who comes from an environ-
ment where a language other than 
English has had a significant impact 
on the individual’s level of English 
language proficiency; or 
‘‘(iii) who is migratory, whose native 
language is a language other than English, 
and who comes from an environment where 
a language other than English is domi-
nant; and 
‘‘(D) whose difficulties in speaking, read-
ing, writing, or understanding the English lan-
guage may be sufficient to deny the indi-
vidual— 
‘‘(i) the ability to meet the State’s 
academic standards described in section 
1111; 
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‘‘(ii) the ability to successfully achieve 
in classrooms where the language of in-
struction is English; or 
‘‘(iii) the opportunity to participate 
fully in society. 
‘‘(21) EXTENDED-YEAR
ADJUSTED
COHORT 
GRADUATION RATE.— 
‘‘(A) IN GENERAL.—The term ‘extended- 
year adjusted cohort graduation rate’ means the 
ratio where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of students who entered the entry 
grade together in the entry year of high 
school, adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of 
the determination of the original co-
hort; and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort; and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
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justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) one or more additional years 
beyond the fourth year of high school; 
or 
‘‘(II) a summer session imme-
diately following the additional year of 
high school. 
‘‘(B) COHORT
REMOVAL.—To remove a 
student from a cohort, a school or local edu-
cational agency shall require documentation to 
confirm that the student has transferred out, 
emigrated to another country, transferred to a 
prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a 
regular high school diploma; or 
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‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause 
(i) 
requires 
documentation 
from the receiving school or program 
that the student enrolled in the receiv-
ing school or program. 
‘‘(II) LACK OF CONFIRMATION.— 
A student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the extended-year adjusted 
cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
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issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the extended-year adjusted 
cohort. 
‘‘(D) SPECIAL
RULE.—For those high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the 
effective date for student membership data sub-
mitted annually by State educational agencies 
to the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(22) FAMILY LITERACY SERVICES.—The term 
‘family literacy services’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient 
duration, to make sustainable changes in a family, 
and that integrate all of the following activities: 
‘‘(A) Interactive literacy activities between 
parents and their children. 
‘‘(B) Training for parents regarding how 
to be the primary teacher for their children and 
full partners in the education of their children. 
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‘‘(C) Parent literacy training that leads to 
economic self-sufficiency. 
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences. 
‘‘(23) FREE
PUBLIC
EDUCATION.—The term 
‘free public education’ means education that is pro-
vided— 
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge; 
and 
‘‘(B) as elementary school or secondary 
school education as determined under applicable 
State law, except that the term does not include 
any education provided beyond grade 12. 
‘‘(24) GRADUATION RATE.—The term ‘gradua-
tion rate’ means the adjusted cohort graduation 
rate. 
‘‘(25) HIGH SCHOOL.—The term ‘high school’ ’’ 
means a secondary school that— 
‘‘(A) grants a diploma, as defined by the 
State; and 
‘‘(B) includes, at least, grade 12. 
‘‘(26) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
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meaning given that term in section 101(a) of the 
Higher Education Act of 1965. 
‘‘(27) LOCAL EDUCATIONAL AGENCY.— 
‘‘(A) IN GENERAL.—The term ‘local edu-
cational agency’ means a public board of edu-
cation or other public authority legally con-
stituted within a State for either administrative 
control or direction of, or to perform a service 
function for, public elementary schools or sec-
ondary schools in a city, county, township, 
school district, or other political subdivision of 
a State, or of or for a combination of school 
districts or counties that is recognized in a 
State as an administrative agency for its public 
elementary schools or secondary schools. 
‘‘(B) ADMINISTRATIVE CONTROL AND DI-
RECTION.—The term includes any other public 
institution or agency having administrative con-
trol and direction of a public elementary school 
or secondary school. 
‘‘(C) BIE SCHOOLS.—The term includes 
an elementary school or secondary school fund-
ed by the Bureau of Indian Education but only 
to the extent that including the school makes 
the school eligible for programs for which spe-
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cific eligibility is not provided to the school in 
another provision of law and the school does not 
have a student population that is smaller than 
the student population of the local educational 
agency receiving assistance under this Act with 
the smallest student population, except that the 
school shall not be subject to the jurisdiction of 
any State educational agency other than the 
Bureau of Indian Education. 
‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 
The term includes educational service agencies 
and consortia of those agencies. 
‘‘(E) STATE EDUCATIONAL AGENCY.—The 
term includes the State educational agency in a 
State in which the State educational agency is 
the sole educational agency for all public 
schools. 
‘‘(28) NATIVE AMERICAN AND NATIVE AMER-
ICAN LANGUAGE.—The terms ‘Native American’ and 
‘Native American language’ have the same meaning 
given those terms in section 103 of the Native 
American Languages Act of 1990. 
‘‘(29) OTHER STAFF.—The term ‘other staff’ 
means specialized instructional support personnel, li-
brarians, career guidance and counseling personnel, 
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education aides, and other instructional and admin-
istrative personnel. 
‘‘(30) OUTLYING
AREA.—The term ‘outlying 
area’— 
‘‘(A) means American Samoa, the Com-
monwealth of the Northern Mariana Islands, 
Guam, and the United States Virgin Islands; 
‘‘(B) means the Republic of Palau, to the 
extent permitted under section 105(f)(1)(B)(ix) 
of the Compact of Free Association Amend-
ments Act of 2003 (Public Law 99–658; 117 
Stat. 2751) and until an agreement for the ex-
tension of United States education assistance 
under the Compact of Free Association becomes 
effective for the Republic of Palau; and 
‘‘(C) for the purpose of any discretionary 
grant program under this Act, includes the Re-
public of the Marshall Islands and the Fed-
erated States of Micronesia, to the extent per-
mitted under section 105(f)(1)(B)(viii) of the 
Compact of Free Association Amendments Act 
of 2003 (Public Law 108–188; 117 Stat. 
2751). 
‘‘(31) PARENT.—The term ‘parent’ includes a 
legal guardian or other person standing in loco 
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parentis (such as a grandparent or stepparent with 
whom the child lives, or a person who is legally re-
sponsible for the child’s welfare). 
‘‘(32) PARENTAL
INVOLVEMENT.—The term 
‘parental involvement’ means the participation of 
parents in regular, two-way, and meaningful commu-
nication involving student academic learning and 
other school activities, including ensuring— 
‘‘(A) that parents play an integral role in 
assisting in their child’s learning; 
‘‘(B) that parents are encouraged to be ac-
tively involved in their child’s education at 
school; 
‘‘(C) that parents are full partners in their 
child’s education and are included, as appro-
priate, in decisionmaking and on advisory com-
mittees to assist in the education of their child; 
and 
‘‘(D) the carrying out of other activities, 
such as those described in section 1118. 
‘‘(33) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined by the Office of 
Management and Budget and revised annually in ac-
cordance with section 673(2) of the Community 
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Services Block Grant Act) applicable to a family of 
the size involved. 
‘‘(34) 
PROFESSIONAL
DEVELOPMENT.—The 
term ‘professional development’— 
‘‘(A) includes activities that— 
‘‘(i) improve and increase teachers’ 
knowledge of the academic subjects the 
teachers teach, and enable teachers to be-
come effective educators; 
‘‘(ii) are an integral part of broad 
schoolwide and districtwide educational im-
provement plans; 
‘‘(iii) give teachers, school leaders, 
other staff, and administrators the knowl-
edge and skills to provide students with 
the opportunity to meet State academic 
standards; 
‘‘(iv) improve classroom management 
skills; 
‘‘(v)(I) are high quality, job-embed-
ded, and continuous in order to have a 
positive and lasting impact on classroom 
instruction and the teacher’s performance 
in the classroom; and 
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‘‘(II) are not 1-day or short-term 
workshops or conferences; 
‘‘(vi) support the recruiting, hiring, 
and training of effective teachers, including 
teachers who became certified or licensed 
through State and local alternative routes 
to certification; 
‘‘(vii) advance teacher understanding 
of effective instructional strategies that 
are— 
‘‘(I) evidence-based; and 
‘‘(II) strategies for improving 
student academic achievement or sub-
stantially increasing the knowledge 
and teaching skills of teachers, includ-
ing through addressing the social and 
emotional development needs of stu-
dents; and 
‘‘(viii) are aligned with and directly 
related to— 
‘‘(I) State academic standards 
and assessments; and 
‘‘(II) the curricula and programs 
tied to the standards described in sub-
clause (I); 
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‘‘(ix) are developed with extensive par-
ticipation of teachers, school leaders, par-
ents, and administrators of schools to be 
served under this Act; 
‘‘(x) are designed to give teachers of 
English learners and other teachers and 
instructional staff, the knowledge and 
skills to provide instruction and appro-
priate language and academic support 
services to those children, including the ap-
propriate use of curricula and assessments; 
‘‘(xi) to the extent appropriate, pro-
vide training for teachers and school lead-
ers in the use of technology so that tech-
nology and technology applications are ef-
fectively used in the classroom to improve 
teaching and learning in the curricula and 
core academic subjects in which the teach-
ers teach; 
‘‘(xii) as a whole, are regularly evalu-
ated for their impact on increased teacher 
effectiveness and improved student aca-
demic achievement, with the findings of 
the evaluations used to improve the quality 
of the professional development; 
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‘‘(xiii) provide instruction in methods 
of teaching children with special needs; 
‘‘(xiv) include instruction in the use of 
data and assessments to inform and in-
struct classroom practice; and 
‘‘(xv) include instruction in ways that 
teachers, school leaders, specialized in-
structional support personnel, and school 
administrators may work more effectively 
with parents; and 
‘‘(B) may include activities that— 
‘‘(i) involve the forming of partner-
ships with institutions of higher education 
to establish school-based teacher training 
programs that provide prospective teachers 
and new teachers with an opportunity to 
work under the guidance of experienced 
teachers and college faculty; 
‘‘(ii) create programs to enable para-
professionals (assisting teachers employed 
by a local educational agency receiving as-
sistance under subpart 1 of part A of title 
I) to obtain the education necessary for 
those paraprofessionals to become certified 
and licensed teachers; and 
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‘‘(iii) provide follow-up training to 
teachers who have participated in activities 
described in subparagraph (A) or another 
clause of this subparagraph that are de-
signed to ensure that the knowledge and 
skills learned by the teachers are imple-
mented in the classroom. 
‘‘(35) REGULAR HIGH SCHOOL DIPLOMA.— 
‘‘(A) IN
GENERAL.—The term ‘regular 
high school diploma’ means the standard high 
school diploma awarded to the preponderance of 
students in the State that is fully aligned with 
State standards, or a higher diploma. Such 
term shall not include a GED or other recog-
nized equivalent of a diploma, a certificate of 
attendance, or any lesser diploma award. 
‘‘(B) EXCEPTION
FOR
STUDENTS
WITH 
SIGNIFICANT COGNITIVE DISABILITIES.—For a 
student who is assessed using an alternate as-
sessment aligned to alternate academic stand-
ards under section 1111(b)(1)(D), receipt of a 
regular high school diploma or a State-defined 
alternate diploma obtained within the time pe-
riod for which the State ensures the availability 
of a free appropriate public education and in 
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accordance with section 612(a)(1) of the Indi-
viduals with Disabilities Education Act shall be 
counted as graduating with a regular high 
school diploma for the purposes of this Act. 
‘‘(36) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that the term does 
not include any education beyond grade 12. 
‘‘(37) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Education. 
‘‘(38) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES.— 
‘‘(A) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT PERSONNEL.—The term ‘specialized in-
structional support personnel’ means school 
counselors, school social workers, school psy-
chologists, and other qualified professional per-
sonnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and 
other necessary services (including related serv-
ices as that term is defined in section 602 of 
the Individuals with Disabilities Education Act) 
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as part of a comprehensive program to meet 
student needs. 
‘‘(B) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT SERVICES.—The term ‘specialized instruc-
tional support services’ means the services pro-
vided by specialized instructional support per-
sonnel. 
‘‘(39) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying 
areas. 
‘‘(40) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ means the agency 
primarily responsible for the State supervision of 
public elementary schools and secondary schools. 
‘‘(41) TECHNOLOGY.—The term ‘technology’ 
means modern information, computer and commu-
nication technology products, services, or tools, in-
cluding, but not limited to, the Internet and other 
communications networks, computer devices and 
other computer and communications hardware, soft-
ware applications, data systems, and other electronic 
content and data storage. 
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273 
‘‘SEC. 5102. APPLICABILITY OF TITLE. 
‘‘Parts B, C, D, and E of this title do not apply to 
title IV of this Act. 
‘‘SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDU-
CATION OPERATED SCHOOLS. 
‘‘For the purpose of any competitive program under 
this Act— 
‘‘(1) a consortium of schools operated by the 
Bureau of Indian Education; 
‘‘(2) a school operated under a contract or 
grant with the Bureau of Indian Education in con-
sortium with another contract or grant school or a 
tribal or community organization; or 
‘‘(3) a Bureau of Indian Education school in 
consortium with an institution of higher education, 
a contract or grant school, or a tribal or community 
organization, 
shall be given the same consideration as a local edu-
cational agency. 
‘‘PART B—FLEXIBILITY IN THE USE OF 
ADMINISTRATIVE AND OTHER FUNDS 
‘‘SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE 
FUNDS FOR ELEMENTARY AND SECONDARY 
EDUCATION PROGRAMS. 
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 
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‘‘(D) the dissemination of information re-
garding model programs and practices; 
‘‘(E) technical assistance under any pro-
gram under this Act; 
‘‘(F) State-level activities designed to carry 
out this title; 
‘‘(G) training personnel engaged in audit 
and other monitoring activities; and 
‘‘(H) implementation of the Cooperative 
Audit Resolution and Oversight Initiative of the 
Department. 
‘‘(c) RECORDS.—A State educational agency that 
consolidates administrative funds under this section shall 
not be required to keep separate records, by individual 
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a). 
‘‘(d) REVIEW.—To determine the effectiveness of 
State administration under this section, the Secretary may 
periodically review the performance of State educational 
agencies in using consolidated administrative funds under 
this section and take such steps as the Secretary finds 
appropriate to ensure the effectiveness of that administra-
tion. 
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‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 
educational agency does not use all of the funds available 
to the agency under this section for administration, the 
agency may use those funds during the applicable period 
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a). 
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS 
AND ASSESSMENT DEVELOPMENT.—In order to develop 
State academic standards and assessments, a State edu-
cational agency may consolidate the amounts described in 
subsection (a) for those purposes under title I. 
‘‘SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 
‘‘A State educational agency that also serves as a 
local educational agency shall, in its applications or plans 
under this Act, describe how the agency will eliminate du-
plication in conducting administrative functions. 
‘‘SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 
OF THE INTERIOR FUNDS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) TRANSFER.—The Secretary shall transfer 
to the Department of the Interior, as a consolidated 
amount for covered programs, the Indian education 
programs under subpart 6 of part A of title I, and 
the education for homeless children and youth pro-
gram under subtitle B of title VII of the McKinney- 
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Vento Homeless Assistance Act, the amounts allot-
ted to the Department of the Interior under those 
programs. 
‘‘(2) AGREEMENT.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Secretary of the Interior shall enter into an 
agreement, consistent with the requirements of 
the programs specified in paragraph (1), for the 
distribution and use of those program funds 
under terms that the Secretary determines best 
meet the purposes of those programs. 
‘‘(B) CONTENTS.—The agreement shall— 
‘‘(i) set forth the plans of the Sec-
retary of the Interior for the use of the 
amount transferred and the achievement 
measures to assess program effectiveness; 
and 
‘‘(ii) be developed in consultation with 
Indian tribes. 
‘‘(b) ADMINISTRATION.—The Department of the In-
terior may use not more than 1.5 percent of the funds 
consolidated under this section for its costs related to the 
administration of the funds transferred under this section. 
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‘‘PART
C—COORDINATION
OF
PROGRAMS; CONSOLI-
DATED STATE AND LOCAL PLANS AND APPLICA-
TIONS 
‘‘SEC. 5301. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to improve teaching and learning by en-
couraging greater cross-program coordination, plan-
ning, and service delivery; 
‘‘(2) to provide greater flexibility to State and 
local authorities through consolidated plans, applica-
tions, and reporting; and 
‘‘(3) to enhance the integration of programs 
under this Act with State and local programs. 
‘‘SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR 
APPLICATIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for 
State educational agencies under this Act, the Sec-
retary, in accordance with subsection (b), shall es-
tablish procedures and criteria under which, after 
consultation with the Governor, a State educational 
agency may submit a consolidated State plan or a 
consolidated State application meeting the require-
ments of this section for— 
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279 
‘‘(A) each of the covered programs in 
which the State participates; and 
‘‘(B) such other programs as the Secretary 
may designate. 
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND 
PLANS.—After consultation with the Governor, a 
State educational agency that submits a consolidated 
State plan or a consolidated State application under 
this section shall not be required to submit separate 
State plans or applications under any of the pro-
grams to which the consolidated State plan or con-
solidated State application under this section ap-
plies. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall 
collaborate with State educational agencies and, as 
appropriate, with other State agencies, local edu-
cational agencies, public and private agencies, orga-
nizations, and institutions, private schools, and par-
ents, students, and teachers. 
‘‘(2) CONTENTS.—Through the collaborative 
process described in paragraph (1), the Secretary 
shall establish, for each program under this Act to 
which this section applies, the descriptions, informa-
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280 
tion, assurances, and other material required to be 
included in a consolidated State plan or consolidated 
State application. 
‘‘(3) NECESSARY
MATERIALS.—The Secretary 
shall require only descriptions, information, assur-
ances (including assurances of compliance with ap-
plicable provisions regarding participation by private 
school children and teachers), and other materials 
that are absolutely necessary for the consideration of 
the consolidated State plan or consolidated State ap-
plication. 
‘‘SEC. 5303. CONSOLIDATED REPORTING. 
‘‘(a) IN GENERAL.—In order to simplify reporting re-
quirements and reduce reporting burdens, the Secretary 
shall establish procedures and criteria under which a State 
educational agency, in consultation with the Governor of 
the State, may submit a consolidated State annual report. 
‘‘(b) CONTENTS.—The report shall contain informa-
tion about the programs included in the report, including 
the performance of the State under those programs, and 
other matters as the Secretary determines are necessary, 
such as monitoring activities. 
‘‘(c) REPLACEMENT.—The report shall replace sepa-
rate individual annual reports for the programs included 
in the consolidated State annual report. 
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281 
‘‘SEC. 5304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES. 
‘‘(a) ASSURANCES.—A State educational agency, in 
consultation with the Governor of the State, that submits 
a consolidated State plan or consolidated State application 
under this Act, whether separately or under section 5302, 
shall have on file with the Secretary a single set of assur-
ances, applicable to each program for which the plan or 
application is submitted, that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency, an 
eligible private agency, institution, or organization, 
or an Indian tribe, if the law authorizing the pro-
gram provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister those funds and property to the extent re-
quired by the authorizing law; 
‘‘(3) the State will adopt and use proper meth-
ods of administering each such program, including— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
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282 
nizations, and other recipients responsible for 
carrying out each program; 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and 
‘‘(C) the adoption of written procedures for 
the receipt and resolution of complaints alleging 
violations of law in the administration of the 
programs; 
‘‘(4) the State will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the Secretary or other Federal officials; 
‘‘(5) the State will use such fiscal control and 
fund accounting procedures that will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to the State under each such program; 
‘‘(6) the State will— 
‘‘(A) make reports to the Secretary as may 
be necessary to enable the Secretary to perform 
the Secretary’s duties under each such pro-
gram; and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford such 
access to the records as the Secretary may find 
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283 
necessary to carry out the Secretary’s duties; 
and 
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State afforded a reason-
able opportunity for public comment on the plan or 
application and considered such comment. 
‘‘(b) GEPA PROVISION.—Section 441 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) CONSOLIDATED
PLAN.—A local edu-
cational agency receiving funds under more than one 
covered program may submit plans or applications 
to the State educational agency under those pro-
grams on a consolidated basis. 
‘‘(2) AVAILABILITY TO GOVERNOR.—The State 
educational agency shall make any consolidated local 
plans and applications available to the Governor. 
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has an approved 
consolidated State plan or application under section 5302 
may require local educational agencies in the State receiv-
ing funds under more than one program included in the 
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284 
consolidated State plan or consolidated State application 
to submit consolidated local plans or applications under 
those programs, but may not require those agencies to 
submit separate plans. 
‘‘(c) COLLABORATION.—A State educational agency, 
in consultation with the Governor, shall collaborate with 
local educational agencies in the State in establishing pro-
cedures for the submission of the consolidated State plans 
or consolidated State applications under this section. 
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
tion, assurances, and other material that are absolutely 
necessary for the consideration of the local educational 
agency plan or application. 
‘‘SEC. 5306. OTHER GENERAL ASSURANCES. 
‘‘(a) ASSURANCES.—Any applicant, other than a 
State educational agency that submits a plan or applica-
tion under this Act, shall have on file with the State edu-
cational agency a single set of assurances, applicable to 
each program for which a plan or application is submitted, 
that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
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285 
‘‘(2)(A) the control of funds provided under 
each such program and title to property acquired 
with program funds will be in a public agency or in 
an eligible private agency, institution, organization, 
or Indian tribe, if the law authorizing the program 
provides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister the funds and property to the extent re-
quired by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, in-
cluding— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for 
carrying out each program; and 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; 
‘‘(4) the applicant will cooperate in carrying out 
any evaluation of each such program conducted by 
or for the State educational agency, the Secretary, 
or other Federal officials; 
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286 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal 
funds paid to the applicant under each such pro-
gram; 
‘‘(6) the applicant will— 
‘‘(A) submit such reports to the State edu-
cational agency (which shall make the reports 
available to the Governor) and the Secretary as 
the State educational agency and Secretary may 
require to enable the State educational agency 
and the Secretary to perform their duties under 
each such program; and 
‘‘(B) maintain such records, provide such 
information, and afford such access to the 
records as the State educational agency (after 
consultation with the Governor) or the Sec-
retary may reasonably require to carry out the 
State educational agency’s or the Secretary’s 
duties; and 
‘‘(7) before the application was submitted, the 
applicant afforded a reasonable opportunity for pub-
lic comment on the application and considered such 
comment. 
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287 
‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘PART D—WAIVERS 
‘‘SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUEST
FOR
WAIVER.—A State edu-
cational agency, local educational agency, or Indian 
tribe that receives funds under a program authorized 
under this Act may submit a request to the Sec-
retary to waive any statutory or regulatory require-
ment of this Act. 
‘‘(2) RECEIPT OF WAIVER.—Except as provided 
in subsection (c) and subject to the limits in sub-
section (b)(5)(A), the Secretary shall waive any stat-
utory or regulatory requirement of this Act for a 
State educational agency, local educational agency, 
Indian tribe, or school (through a local educational 
agency), that submits a waiver request pursuant to 
this subsection. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe that de-
sires a waiver under this section shall submit a waiv-
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288 
er request to the Secretary, which shall include a 
plan that— 
‘‘(A) identifies the Federal programs af-
fected by the requested waiver; 
‘‘(B) describes which Federal statutory or 
regulatory requirements are to be waived; 
‘‘(C) reasonably demonstrates that the 
waiver will improve instruction for students and 
advance student academic achievement; 
‘‘(D) describes the methods the State edu-
cational agency, local educational agency, or In-
dian tribe will use to monitor the effectiveness 
of the implementation of the plan; 
‘‘(E) describes the State educational agen-
cy, local educational agency, or Indian tribe’s 
process for holding public schools accountable 
for student academic achievement and inter-
vening in low performing schools; and 
‘‘(F) describes how schools will continue to 
provide assistance to the same populations 
served by programs for which the waiver is re-
quested. 
‘‘(2) ADDITIONAL INFORMATION.—A waiver re-
quest under this section— 
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289 
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies, 
local educational agencies, Indian tribes, and 
schools; and 
‘‘(B) shall be developed and submitted— 
‘‘(i)(I) by local educational agencies 
(on behalf of those agencies and schools) 
to State educational agencies; and 
‘‘(II) by State educational agencies 
(on their own behalf, or on behalf of, and 
based 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 be-
half, or on behalf of local educational agencies 
in the State, the State educational agency 
shall— 
‘‘(i) provide all interested local edu-
cational agencies in the State with notice 
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290 
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 information 
to the public regarding the waiver request 
in the manner in which the applying agen-
cy customarily provides similar notices and 
information to the public. 
‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
local educational agency that receives funds 
under this Act— 
‘‘(i) the request shall be reviewed by 
the State educational agency and be ac-
companied by the comments, if any, of the 
State educational agency; and 
‘‘(ii) notice and information regarding 
the waiver request shall be provided to the 
public by the agency requesting the waiver 
in the manner in which that agency cus-
tomarily provides similar notices and infor-
mation to the public. 
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‘‘(4) PEER REVIEW.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a multi-disciplinary peer review 
team to review waiver requests under this sec-
tion. 
‘‘(B) APPLICABILITY.—The Secretary may 
approve a waiver request under this section 
without conducting a peer review of the request, 
but shall use the peer review process under this 
paragraph before disapproving such a request. 
‘‘(C) STANDARD
AND
NATURE
OF
RE-
VIEW.—Peer reviewers shall conduct a good 
faith review of waiver requests submitted to 
them under this section. Peer reviewers shall re-
view such waiver requests— 
‘‘(i) in their totality; 
‘‘(ii) in deference to State and local 
judgment; and 
‘‘(iii) with the goal of promoting 
State- and local-led innovation. 
‘‘(5) WAIVER
DETERMINATION, DEMONSTRA-
TION, AND REVISION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
approve a waiver request not more than 60 
days after the date on which such request is 
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292 
submitted, unless the Secretary determines and 
demonstrates that— 
‘‘(i) the waiver request does not meet 
the requirements of this section; 
‘‘(ii) the waiver is not permitted under 
subsection (c); 
‘‘(iii) the plan that is required under 
paragraph (1)(C), and reviewed with def-
erence to State and local judgment, pro-
vides no reasonable evidence to determine 
that a waiver will enhance student aca-
demic achievement; or 
‘‘(iv) the waiver request does not pro-
vide for adequate evaluation to ensure re-
view and continuous improvement of the 
plan. 
‘‘(B) WAIVER DETERMINATION AND REVI-
SION.—If the Secretary determines and dem-
onstrates that the waiver request does not meet 
the requirements of this section, the Secretary 
shall— 
‘‘(i) immediately— 
‘‘(I) notify the State educational 
agency, local educational agency, or 
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293 
Indian tribe of such determination; 
and 
‘‘(II) at the request of the State 
educational agency, local educational 
agency, or Indian tribe, provide de-
tailed reasons for such determination 
in writing; 
‘‘(ii) offer the State educational agen-
cy, local educational agency, or Indian 
tribe an opportunity to revise and resubmit 
the waiver request not more than 60 days 
after the date of such determination; and 
‘‘(iii) if the Secretary determines that 
the resubmission does not meet the re-
quirements of this section, at the request 
of the State educational agency, local edu-
cational agency, or Indian tribe, conduct a 
public hearing not more than 30 days after 
the date of such resubmission. 
‘‘(C) WAIVER
DISAPPROVAL.—The Sec-
retary may disapprove a waiver request if— 
‘‘(i) the State educational agency, 
local educational agency, or Indian tribe 
has been notified and offered an oppor-
tunity to revise and resubmit the waiver 
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294 
request, as described under clauses (i) and 
(ii) of subparagraph (B); and 
‘‘(ii) the State educational agency, 
local educational agency, or Indian tribe— 
‘‘(I) does not revise and resubmit 
the waiver request; or 
‘‘(II) revises and resubmits the 
waiver request, and the Secretary de-
termines that such waiver request 
does not meet the requirements of this 
section after a hearing conducted 
under subparagraph (B)(iii), if re-
quested. 
‘‘(D) EXTERNAL CONDITIONS.—The Sec-
retary shall not require or impose new or addi-
tional requirements in exchange for receipt of a 
waiver if such requirements are not specified in 
this Act. 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory require-
ments relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, Indian tribes, or 
other recipients of funds under this Act; 
‘‘(2) comparability of services; 
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295 
‘‘(3) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(4) equitable participation of private school 
students and teachers; 
‘‘(5) parental participation and involvement; 
‘‘(6) applicable civil rights requirements; 
‘‘(7) the prohibitions regarding— 
‘‘(A) State aid in section 5521; 
‘‘(B) use of funds for religious worship or 
instruction in section 5505; and 
‘‘(C) activities in section 5525; or 
‘‘(8) the selection of a school attendance area or 
school under subsections (a) and (b) of section 1113, 
except that the Secretary may grant a waiver to 
allow a school attendance area or school to partici-
pate in activities under subpart 1 of part A of title 
I if the percentage of children from low-income fami-
lies in the school attendance area or who attend the 
school is not more than 10 percentage points below 
the lowest percentage of those children for any 
school attendance area or school of the local edu-
cational agency that meets the requirements of sub-
sections (a) and (b) of section 1113. 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI-
TATIONS.— 
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296 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a waiver approved by the Secretary under 
this section may be for a period not to exceed 3 
years. 
‘‘(2) EXTENSION.—The Secretary may extend 
the period described in paragraph (1) if the State 
demonstrates that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipient to carry out 
the activities for which the waiver was re-
quested and the waiver has contributed to im-
proved student achievement; and 
‘‘(B) the extension is in the public interest. 
‘‘(3) SPECIFIC
LIMITATIONS.—The Secretary 
shall not require a State educational agency, local 
educational agency, or Indian tribe, as a condition of 
approval of a waiver request, to— 
‘‘(A) include in, or delete from, such re-
quest, specific academic standards; 
‘‘(B) use specific academic assessment in-
struments or items; or 
‘‘(C) include in, or delete from, such waiv-
er request any criterion that specifies, defines, 
or prescribes the standards or measures that a 
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297 
State or local educational agency or Indian 
tribe uses to establish, implement, or improve— 
‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
‘‘(iii) State accountability systems; or 
‘‘(iv) teacher and school leader evalua-
tion systems. 
‘‘(e) REPORTS.— 
‘‘(1) WAIVER REPORTS.—A State educational 
agency, local educational agency, or Indian tribe 
that receives a waiver under this section shall, at the 
end of the second year for which a waiver is received 
under this section and each subsequent year, submit 
a report to the Secretary that— 
‘‘(A) describes the uses of the waiver by 
the agency or by schools; 
‘‘(B) describes how schools continued to 
provide assistance to the same populations 
served by the programs for which waivers were 
granted; and 
‘‘(C) evaluates the progress of the agency 
and schools, or Indian tribe, in improving the 
quality of instruction or the academic achieve-
ment of students. 
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298 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the Committee on Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a re-
port— 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing the status of the waivers 
in improving academic achievement. 
‘‘(f) TERMINATION
OF WAIVERS.—The Secretary 
shall terminate a waiver under this section if the Secretary 
determines, after notice and an opportunity for a hearing, 
that the performance of the State or other recipient af-
fected by the waiver has been inadequate to justify a con-
tinuation of the waiver and the recipient of the waiver has 
failed to make revisions needed to carry out the purpose 
of the waiver, or if the waiver is no longer necessary to 
achieve its original purpose. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be 
published in the Federal Register and the Secretary shall 
provide for the dissemination of the notice to State edu-
cational agencies, interested parties, including educators, 
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299 
parents, students, advocacy and civil rights organizations, 
and the public. 
‘‘PART E—UNIFORM PROVISIONS 
‘‘SUBPART 1—PRIVATE SCHOOLS 
‘‘SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this Act, to the extent consistent with the 
number of eligible children in areas served by a 
State educational agency, local educational agency, 
educational service agency, consortium of those 
agencies, or another entity receiving financial assist-
ance under a program specified in subsection (b), 
who are enrolled in private elementary schools and 
secondary schools in areas served by such agency, 
consortium, or entity, the agency, consortium, or en-
tity shall, after timely and meaningful consultation 
with appropriate private school officials or their rep-
resentatives, provide to those children and their 
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits that address their needs under the program. 
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services 
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300 
or other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.—Educational services and 
other benefits provided under this section for private 
school children, teachers, and other educational per-
sonnel shall be equitable in comparison to services 
and other benefits for public school children, teach-
ers, and other educational personnel participating in 
the program and shall be provided in a timely man-
ner. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children, teachers, and other 
service personnel shall be equal to the expendi-
tures for participating public school children, 
taking into account the number and educational 
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. 
‘‘(C) 
NOTICE
OF
ALLOCATION.—Each 
State educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION
OF
SERVICES.—An agency, 
consortium, or entity described in subsection (a)(1) 
of this section may provide those services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
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‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) subpart 2 of part A of title I; 
‘‘(B) subpart 4 of part A of title I; 
‘‘(C) part A of title II; 
‘‘(D) part B of title II; and 
‘‘(E) part B of title III. 
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a State educational agency, 
local educational agency, educational service agency, 
consortium of those agencies, or entity shall consult 
with appropriate private school officials or their rep-
resentatives during the design and development of 
the programs under this Act, 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; 
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‘‘(D) how the services will be assessed and 
how the results of the 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, teachers, and other educational 
personnel and the amount of funds available for 
those services; 
‘‘(F) how and when the agency, consor-
tium, or entity will make decisions about the 
delivery of services, including a thorough con-
sideration and analysis of the views of the pri-
vate school officials or their representatives on 
the provision of services through potential 
third-party providers or contractors; and 
‘‘(G) how, if the agency disagrees with the 
views of the private school officials or their rep-
resentatives on the provision of services through 
a contract, the local educational agency will 
provide in writing to such private school offi-
cials or their representatives an analysis of the 
reasons why the local educational agency has 
chosen not to use a contractor. 
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium, or entity disagrees with the views of the pri-
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304 
vate school officials or their representatives with re-
spect to an issue described in paragraph (1), the 
agency, consortium, or entity shall provide to the 
private school officials or their representatives a 
written explanation of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials or their rep-
resentatives. 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the 
opportunities of eligible private school children, 
teachers, and other educational personnel to partici-
pate in programs under this Act, and shall continue 
throughout the implementation and assessment of 
activities under this section. 
‘‘(4) DISCUSSION REQUIRED.—The consultation 
required by paragraph (1) shall include a discussion 
of service delivery mechanisms that the agency, con-
sortium, or entity could use to provide equitable 
services to eligible private school children, teachers, 
administrators, and other staff. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
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written affirmation signed by officials or their rep-
resentatives 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 their rep-
resentatives to indicate that timely and meaningful 
consultation has not occurred or that the program 
design is not equitable with respect to eligible pri-
vate school children. If such officials or their rep-
resentatives do not provide such affirmation within 
a reasonable period of time, the local educational 
agency shall forward the documentation that such 
consultation has, or attempts at such consultation 
have, taken place to the State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—If the consultation re-
quired under this section is with a local edu-
cational agency or educational service agency, a 
private school official or representative shall 
have the right to file a complaint with the State 
educational agency that the consultation re-
quired under this section was not meaningful 
and timely, did not give due consideration to 
the views of the private school official or rep-
resentative, or did not treat the private school 
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or its students equitably as required by this sec-
tion. 
‘‘(B) PROCEDURE.—If the private school 
official or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompli-
ance with this section and all parties shall pro-
vide the appropriate documentation to the ap-
propriate officials or representatives. 
‘‘(C) 
SERVICES.—A 
State 
educational 
agency shall provide services under this section 
directly or through contracts with public and 
private agencies, organizations, and institutions, 
if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the 
requirements of this section; or 
‘‘(ii) in a case in which— 
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‘‘(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 such agency’s school at-
tendance areas, as defined in section 
1113(a)(2)(A), that are not being 
served by the agency’s program under 
this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a school at-
tendance area, as defined in section 
1113(a)(2)(A), are not being served 
by the agency’s program under this 
section. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used 
to provide services under this section, and title to 
materials, equipment, and property purchased with 
those funds, shall be in a public agency for the uses 
and purposes provided in this Act, and a public 
agency shall administer the funds and property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) IN GENERAL.—The provision of serv-
ices under this section shall be provided— 
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‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through contract by the public 
agency with an individual, association, 
agency, organization, or other entity. 
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.— 
In the provision of those services, the employee, 
person, association, agency, organization, or 
other entity shall be independent of the private 
school and of any religious organization, and 
the employment or contract shall be under the 
control and supervision of the public agency. 
‘‘(C) COMMINGLING
OF
FUNDS
PROHIB-
ITED.—Funds used to provide services under 
this section shall not be commingled with non- 
Federal funds. 
‘‘SEC. 5502. STANDARDS FOR BY-PASS. 
‘‘(a) IN GENERAL.—If, by reason of any provision of 
law, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, 
or other entity is prohibited from providing for the partici-
pation in programs of children enrolled in, or teachers or 
other educational personnel from, private elementary 
schools and secondary schools, on an equitable basis, or 
if the Secretary determines that the agency, consortium, 
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or entity has substantially failed or is unwilling to provide 
for that participation, as required by section 5501, the 
Secretary shall— 
‘‘(1) waive the requirements of that section for 
the agency, consortium, or entity; and 
‘‘(2) arrange for the provision of equitable serv-
ices to those children, teachers, or other educational 
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 5501, 5503, and 5504. 
‘‘(b) DETERMINATION.—In making the determina-
tion under subsection (a), the Secretary shall consider one 
or more factors, including the quality, size, scope, and lo-
cation of the program, and the opportunity of private 
school children, teachers, and other educational personnel 
to participate in the program. 
‘‘SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for 
receiving, investigating, and resolving complaints from 
parents, teachers, or other individuals and organizations 
concerning violations of section 5501 by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity. 
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The individual or organization shall submit the complaint 
to the State educational agency for a written resolution 
by the State educational agency within 45 days. 
‘‘(b) APPEALS TO SECRETARY.—The resolution may 
be appealed by an interested party to the Secretary not 
later than 30 days after the State educational agency re-
solves the complaint or fails to resolve the complaint with-
in the 45-day time limit. The appeal shall be accompanied 
by a copy of the State educational agency’s resolution, 
and, if there is one, a complete statement of the reasons 
supporting the appeal. The Secretary shall investigate and 
resolve the appeal not later than 90 days after receipt of 
the appeal. 
‘‘SUBPART 2—OTHER PROVISIONS 
‘‘SEC. 5521. GENERAL PROHIBITIONS. 
‘‘(a) PROHIBITION.—None of the funds authorized 
under this Act shall be used— 
‘‘(1) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage 
sexual activity, whether homosexual or heterosexual; 
‘‘(2) to distribute or to aid in the distribution 
by any organization of legally obscene materials to 
minors on school grounds; 
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‘‘(3) to provide sex education or HIV-prevention 
education in schools unless that instruction is age 
appropriate and includes the health benefits of absti-
nence; or 
‘‘(4) to operate a program of contraceptive dis-
tribution in schools. 
‘‘(b) LOCAL CONTROL.—Nothing in this section shall 
be construed to— 
‘‘(1) authorize an officer or employee of the 
Federal Government to mandate, direct, review, sup-
port, or control a State, local educational agency, or 
school’s instructional content, curriculum, and re-
lated activities; 
‘‘(2) limit the application of the General Edu-
cation Provisions Act; 
‘‘(3) require the distribution of scientifically or 
medically false or inaccurate materials or to prohibit 
the distribution of scientifically or medically true or 
accurate materials; or 
‘‘(4) create any legally enforceable right. 
‘‘SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of 
the Federal Government to mandate, direct, support, or 
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control a State, local educational agency, or school’s cur-
riculum, program of instruction, or allocation of State or 
local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid 
for under this Act. 
‘‘(b) PROHIBITION
ON ENDORSEMENT
OF CUR-
RICULUM.—Notwithstanding any other prohibition of Fed-
eral law, no funds provided to the Department under this 
Act may be used by the Department to endorse, approve, 
develop, support, coerce, or sanction any curriculum de-
signed to be used in an elementary school or secondary 
school. 
‘‘(c) PROHIBITION
ON REQUIRING FEDERAL AP-
PROVAL OR CERTIFICATION OF STANDARDS.—Notwith-
standing any other provision of Federal law, no State shall 
be required to have academic standards approved or cer-
tified by the Federal Government, in order to receive as-
sistance under this Act. 
‘‘(d) RULE OF CONSTRUCTION ON BUILDING STAND-
ARDS.—Nothing in this Act shall be construed to mandate 
national school building standards for a State, local edu-
cational agency, or school. 
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