I 
113TH CONGRESS 
1ST SESSION 
H. R. 5 
To support State and local accountability for public education, protect State 
and local authority, inform parents of the performance of their children’s 
schools, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 6, 2013 
Mr. KLINE (for himself, Mr. ROKITA, Mr. PETRI, Ms. FOXX, Mr. ROE of Ten-
nessee, Mr. THOMPSON of Pennsylvania, Mr. GUTHRIE, Mr. BUCSHON, 
Mrs. ROBY, Mr. HECK of Nevada, Mrs. BROOKS of Indiana, and Mr. 
MESSER) introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Financial Services, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
A BILL 
To support State and local accountability for public edu-
cation, protect State and local authority, inform parents 
of the performance of their children’s schools, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Success Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 
Subtitle A—In General 
Sec. 101. Title heading. 
Sec. 102. Statement of purpose. 
Sec. 103. Flexibility to use Federal funds. 
Sec. 104. School improvement. 
Sec. 105. Direct student services. 
Sec. 106. State administration. 
Subtitle B—Improving the Academic Achievement of the Disadvantaged 
Sec. 111. Part A headings. 
Sec. 112. State plans. 
Sec. 113. Local educational agency plans. 
Sec. 114. Eligible school attendance areas. 
Sec. 115. Schoolwide programs. 
Sec. 116. Targeted assistance schools. 
Sec. 117. Academic assessment and local educational agency and school im-
provement; school support and recognition. 
Sec. 118. Parental involvement. 
Sec. 119. Qualifications for teachers and paraprofessionals. 
Sec. 120. Participation of children enrolled in private schools. 
Sec. 121. Fiscal requirements. 
Sec. 122. Coordination requirements. 
Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 
Sec. 124. Allocations to States. 
Sec. 125. Basic grants to local educational agencies. 
Sec. 126. Adequacy of funding of targeted grants to local educational agencies 
in fiscal years after fiscal year 2001. 
Sec. 127. Education finance incentive grant program. 
Sec. 128. Carryover and waiver. 
Subtitle C—Additional Aid to States and School Districts 
Sec. 131. Additional aid. 
Subtitle D—National Assessment 
Sec. 141. National assessment of title I. 
Subtitle E—Title I General Provisions 
Sec. 151. General provisions for title I. 
TITLE II—TEACHER PREPARATION AND EFFECTIVENESS 
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Sec. 201. Teacher preparation and effectiveness. 
Sec. 202. Conforming repeals. 
TITLE III—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 
Sec. 301. Parental engagement and local flexibility. 
TITLE IV—IMPACT AID 
Sec. 401. Purpose. 
Sec. 402. Payments relating to Federal acquisition of real property. 
Sec. 403. Payments for eligible federally connected children. 
Sec. 404. Policies and procedures relating to children residing on Indian lands. 
Sec. 405. Application for payments under sections 8002 and 8003. 
Sec. 406. Construction. 
Sec. 407. Facilities. 
Sec. 408. State consideration of payments providing State aid. 
Sec. 409. Federal administration. 
Sec. 410. Administrative hearings and judicial review. 
Sec. 411. Definitions. 
Sec. 412. Authorization of appropriations. 
Sec. 413. Conforming amendments. 
TITLE V—GENERAL PROVISIONS FOR THE ACT 
Sec. 501. General provisions for the Act. 
Sec. 502. Repeal. 
Sec. 503. Other laws. 
Sec. 504. Amendment to IDEA. 
TITLE VI—REPEAL 
Sec. 601. Repeal of title VI. 
TITLE VII—HOMELESS EDUCATION 
Sec. 701. Statement of policy. 
Sec. 702. Grants for State and local activities for the education of homeless 
children and youths. 
Sec. 703. Local educational agency subgrants for the education of homeless 
children and youths. 
Sec. 704. Secretarial responsibilities. 
Sec. 705. Definitions. 
Sec. 706. Authorization of appropriations. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
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section or other provision of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. TRANSITION. 
Unless otherwise provided in this Act, any person or 
agency that was awarded a grant under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award, except that funds for such award may not 
continue more than one year after the date of the enact-
ment of this Act. 
SEC. 5. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, this Act, and the amendments made by this Act, 
shall be effective upon the date of enactment of this Act. 
(b) NONCOMPETITIVE PROGRAMS.—With respect to 
noncompetitive programs under which any funds are allot-
ted by the Secretary of Education to recipients on the 
basis of a formula, this Act, and the amendments made 
by this Act, shall take effect on October 1, 2013. 
(c) COMPETITIVE PROGRAMS.—With respect to pro-
grams that are conducted by the Secretary on a competi-
tive basis, this Act, and the amendments made by this Act, 
shall take effect with respect to appropriations for use 
under those programs for fiscal year 2014. 
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(d) IMPACT AID.—With respect to title IV of the Act 
(20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
amendments made by this Act, shall take effect with re-
spect to appropriations for use under that title for fiscal 
year 2014. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
The Act (20 U.S.C. 6301 et seq.) is amended by in-
serting after section 2 the following: 
‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) TITLE I.— 
‘‘(1) PART A.—There are authorized to be ap-
propriated to carry out part A of title I 
$16,651,767,000 for each of fiscal years 2014 
through 2019. 
‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of title I $3,028,000 
for each of fiscal years 2014 through 2019. 
‘‘(b) TITLE II.—There are authorized to be appro-
priated to carry out title II $2,441,549,000 for each of 
fiscal years 2014 through 2019. 
‘‘(c) TITLE III.— 
‘‘(1) PART A.— 
‘‘(A) SUBPART 1.—There are authorized to 
be appropriated to carry out subpart 1 of part 
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A of title III $300,000,000 for each of fiscal 
years 2014 through 2019. 
‘‘(B) SUBPART 2.—There are authorized to 
be appropriated to carry out subpart 2 of part 
A of title III $91,647,000 for each of fiscal 
years 2014 through 2019. 
‘‘(C) SUBPART 3.—There are authorized to 
be appropriated to carry out subpart 3 of part 
A of title III $25,000,000 for each of fiscal 
years 2014 through 2019. 
‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of title III 
$2,055,709,000 for each of fiscal years 2014 
through 2019. 
‘‘(d) TITLE IV.— 
‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF 
REAL PROPERTY.—For the purpose of making pay-
ments under section 4002, there are authorized to 
be appropriated $63,445,000 for each of fiscal years 
2014 through 2019. 
‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV-
ILY
IMPACTED
LOCAL
EDUCATIONAL
AGENCIES.— 
For the purpose of making payments under section 
4003(b), there are authorized to be appropriated 
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$1,093,203,000 for each of fiscal years 2014 
through 2019. 
‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL-
ITIES.—For the purpose of making payments under 
section 4003(d), there are authorized to be appro-
priated $45,881,000 for each of fiscal years 2014 
through 2019. 
‘‘(4) CONSTRUCTION.—For the purpose of car-
rying out section 4007, there are authorized to be 
appropriated $16,529,000 for each of fiscal years 
2014 through 2019. 
‘‘(5) FACILITIES MAINTENANCE.—For the pur-
pose of carrying out section 4008, there are author-
ized to be appropriated $4,591,000 for each of fiscal 
years 2014 through 2019.’’. 
TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES 
Subtitle A—In General 
SEC. 101. TITLE HEADING. 
The title heading for title I (20 U.S.C. 6301 et seq.) 
is amended to read as follows: 
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‘‘TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES’’. 
SEC. 102. STATEMENT OF PURPOSE. 
Section 1001 (20 U.S.C. 6301) is amended to read 
as follows: 
‘‘SEC. 1001. STATEMENT OF PURPOSE. 
‘‘The purpose of this title is to provide all children 
the opportunity to graduate high school prepared for post-
secondary education or the workforce. This purpose can 
be accomplished by— 
‘‘(1) meeting the educational needs of low- 
achieving children in our Nation’s highest-poverty 
schools, English learners, migratory children, chil-
dren with disabilities, Indian children, and neglected 
or delinquent children; 
‘‘(2) closing the achievement gap between high- 
and low-performing children, especially the achieve-
ment gaps between minority and nonminority stu-
dents, and between disadvantaged children and their 
more advantaged peers; 
‘‘(3) affording parents substantial and mean-
ingful opportunities to participate in the education 
of their children; and 
‘‘(4) challenging States and local educational 
agencies to embrace meaningful, evidence-based edu-
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cation reform, while encouraging state and local in-
novation.’’. 
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 
Section 1002 (20 U.S.C. 6302) is amended to read 
as follows: 
‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 
‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
STATE EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a State educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any State activity authorized or re-
quired under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Section 1004. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(F) Chapter B of subpart 6 of part A of 
title I. 
‘‘(2) NOTIFICATION.—Not later than June 1 of 
each year, a State educational agency shall notify 
the Secretary of the State educational agency’s in-
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tention to use the applicable funding for any of the 
alternative uses under paragraph (1). 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out State activities under one or more of 
the following provisions. 
‘‘(i) Section 1003. 
‘‘(ii) Section 1004. 
‘‘(iii) Subpart 2 of part A of title I. 
‘‘(iv) Subpart 3 of part A of title I. 
‘‘(v) Subpart 4 of part A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that State educational agen-
cies are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to 
local educational agencies or other entities 
eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
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‘‘(4) DISBURSEMENT.—The Secretary shall dis-
burse the applicable funding to State educational 
agencies for alternative uses under paragraph (1) for 
a fiscal year at the same time as the Secretary dis-
burses the applicable funding to State educational 
agencies that do not intend to use the applicable 
funding for such alternative uses for the fiscal year. 
‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a local educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any local activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Subpart 1 of part A of title I. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(F) Subpart 6 of part A of title I. 
‘‘(2) NOTIFICATION.—A local educational agen-
cy shall notify the State educational agency of the 
local educational agency’s intention to use the appli-
cable funding for any of the alternative uses under 
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paragraph (1) by a date that is established by the 
State educational agency for the notification. 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out local activities under one or more of 
the following provisions: 
‘‘(i) Subpart 2 of part A of title I. 
‘‘(ii) Subpart 3 of part A of title I. 
‘‘(iii) Subpart 4 of part A of title I. 
‘‘(iv) Chapter A of subpart 6 of part 
A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that local educational agen-
cies are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to en-
tities eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
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‘‘(4) DISBURSEMENT.—Each State educational 
agency that receives applicable funding for a fiscal 
year shall disburse the applicable funding to local 
educational agencies for alternative uses under para-
graph (1) for the fiscal year at the same time as the 
State educational agency disburses the applicable 
funding to local educational agencies that do not in-
tend to use the applicable funding for such alter-
native uses for the fiscal year. 
‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State 
educational agency or a local educational agency shall only 
use applicable funding (as defined in subsection (a)(3) or 
(b)(3), respectively) for administrative costs incurred in 
carrying out a provision listed in subsection (a)(1) or 
(b)(1), respectively, to the extent that the agency, in the 
absence of this section, could have used funds for adminis-
trative costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to relieve a State educational agen-
cy or local educational agency of any requirements relating 
to— 
‘‘(1) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(2) comparability of services; 
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‘‘(3) equitable participation of private school 
students and teachers; 
‘‘(4) applicable civil rights requirements; 
‘‘(5) section 1113; or 
‘‘(6) section 1111.’’. 
SEC. 104. SCHOOL IMPROVEMENT. 
Section 1003 (20 U.S.C. 6303) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2 percent’’ and inserting 
‘‘7 percent’’; and 
(B) by striking ‘‘subpart 2 of part A’’ and 
all that follows through ‘‘sections 1116 and 
1117,’’ and inserting ‘‘chapter B of subpart 1 
of part A for each fiscal year to carry out sub-
section (b),’’; 
(2) in subsection (b)(1), by striking ‘‘for schools 
identified for school improvement, corrective action, 
and restructuring, for activities under section 
1116(b)’’ and inserting ‘‘to carry out the State’s 
system 
of 
school 
improvement 
under 
section 
1111(b)(3)(B)(iii)’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘and’’ 
at the end; 
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(B) in paragraph (2), by striking ‘‘need for 
such funds; and’’ and inserting ‘‘commitment to 
using such funds to improve such schools.’’; and 
(C) by striking paragraph (3); 
(4) in subsection (d)(1), by striking ‘‘subpart 2 
of part A;’’ and inserting ‘‘chapter B of subpart 1 
of part A;’’; 
(5) in subsection (e)— 
(A) by striking ‘‘in any fiscal year’’ and in-
serting ‘‘in fiscal year 2015 and each subse-
quent fiscal year’’; 
(B) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B of subpart 1 of part A’’; and 
(C) by striking ‘‘such subpart’’ and insert-
ing ‘‘such chapter’’; 
(6) in subsection (f), by striking ‘‘and the per-
centage of students from each school from families 
with incomes below the poverty line’’; and 
(7) by striking subsection (g). 
SEC. 105. DIRECT STUDENT SERVICES. 
The Act (20 U.S.C. 6301 et seq.) is amended by in-
serting after section 1003 the following: 
‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 
‘‘(a) STATE RESERVATION.—Each State shall reserve 
3 percent of the amount the State receives under chapter 
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B of subpart 1 of part A for each fiscal year to carry 
out this section. Of such reserved funds, the State edu-
cational agency may use up to 1 percent to administer 
direct student services. 
‘‘(b) DIRECT
STUDENT
SERVICES.—From the 
amount available after the application of subsection (a), 
each State shall award grants in accordance with this sec-
tion to local educational agencies to support direct student 
services. 
‘‘(c) AWARDS.—The State educational agency shall 
award grants to geographically diverse local educational 
agencies including suburban, rural, and urban local edu-
cational agencies. If there are not enough funds to award 
all applicants in a sufficient size and scope to run an effec-
tive direct student services program, the State shall 
prioritize awards to local educational agencies with the 
greatest number of low-performing schools. 
‘‘(d) LOCAL USE OF FUNDS.—A local educational 
agency receiving an award under this section— 
‘‘(1) shall use up to 1 percent of each award for 
outreach and communication to parents about their 
options and to register students for direct student 
services; 
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‘‘(2) may use not more than 2 percent of each 
award for administrative costs related to direct stu-
dent services; and 
‘‘(3) shall use the remainder of the award to 
pay the transportation required to provide public 
school choice or the hourly rate for high-quality aca-
demic tutoring services, as determined by a provider 
on the State-approved list required under subsection 
(f)(2). 
‘‘(e) APPLICATION.—A local educational agency de-
siring to receive an award under subsection (b) shall sub-
mit an application describing how the local educational 
agency will— 
‘‘(1) provide adequate outreach to ensure par-
ents can exercise a meaningful choice of direct stu-
dent services for their child’s education; 
‘‘(2) ensure parents have adequate time and in-
formation to make a meaningful choice prior to en-
rolling their child in a direct student service; 
‘‘(3) ensure sufficient availability of seats in the 
public schools the local educational agency will make 
available for public school choice options; 
‘‘(4) determine the requirements or criteria for 
student eligibility for direct student services; 
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‘‘(5) select a variety of providers of high-quality 
academic tutoring from the State-approved list re-
quired under subsection (f)(2) and ensure fair nego-
tiations in selecting such providers of high-quality 
academic tutoring, including online, on campus, and 
other models of tutoring which provide meaningful 
choices to parents to find the best service for their 
child; and 
‘‘(6) develop an estimated per pupil expenditure 
available for eligible students to use toward high- 
quality academic tutoring which shall allow for an 
adequate level of services to increase academic 
achievement from a variety of high-quality academic 
tutoring providers. 
‘‘(f) PROVIDERS AND SCHOOLS.—The State— 
‘‘(1) shall ensure that each local educational 
agency receiving an award to provide public school 
choice can provide a sufficient number of options to 
provide a meaningful choice for parents; 
‘‘(2) shall compile a list of State-approved high- 
quality academic tutoring providers that includes on-
line, on campus, and other models of tutoring; and 
‘‘(3) shall ensure that each local educational 
agency receiving an award will provide an adequate 
number of high-quality academic tutoring options to 
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ensure parents have a meaningful choice of serv-
ices.’’. 
SEC. 106. STATE ADMINISTRATION. 
Section 1004 (20 U.S.C. 6304) is amended to read 
as follows: 
‘‘SEC. 1004. STATE ADMINISTRATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), to carry out administrative duties assigned under sub-
parts 1, 2, and 3 of part A of this title, each State may 
reserve the greater of— 
‘‘(1) 1 percent of the amounts received under 
such subparts; or 
‘‘(2) $400,000 ($50,000 in the case of each 
outlying area). 
‘‘(b) EXCEPTION.—If the sum of the amounts re-
served under subparts 1, 2, and 3 of part A of this title 
is equal to or greater than $14,000,000,000, then the res-
ervation described in subsection (a)(1) shall not exceed 1 
percent of the amount the State would receive if 
$14,000,000,000 were allocated among the States for sub-
parts 1, 2, and 3 of part A of this title.’’. 
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Subtitle 
B—Improving 
the 
Aca-
demic Achievement of the Dis-
advantaged 
SEC. 111. PART A HEADINGS. 
(a) PART HEADING.—The part heading for part A 
of title I (20 U.S.C. 6311 et seq.) is amended to read 
as follows: 
‘‘PART A—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVANTAGED’’. 
(b) SUBPART 1 HEADING.—The Act is amended by 
striking the subpart heading for subpart 1 of part A of 
title I (20 U.S.C. 6311 et seq.) and inserting the following: 
‘‘Subpart 1—Improving Basic Programs Operated by 
Local Educational Agencies 
‘‘CHAPTER A—BASIC PROGRAM 
REQUIREMENTS’’. 
(c) SUBPART 2 HEADING.—The Act is amended by 
striking the subpart heading for subpart 2 of part A of 
title I (20 U.S.C. 6331 et seq.) and inserting the following: 
‘‘CHAPTER B—ALLOCATIONS’’. 
SEC. 112. STATE PLANS. 
Section 1111 (20 U.S.C. 6311) is amended to read 
as follows: 
‘‘SEC. 1111. STATE PLANS. 
‘‘(a) PLANS REQUIRED.— 
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‘‘(1) IN GENERAL.—For any State desiring to 
receive a grant under this subpart, the State edu-
cational agency shall submit to the Secretary a plan, 
developed by the State educational agency, in con-
sultation with local educational agencies, teachers, 
school leaders, specialized instructional support per-
sonnel, other appropriate school personnel, and par-
ents, that satisfies the requirements of this section 
and that is coordinated with other programs under 
this Act, the Individuals with Disabilities Education 
Act, the Carl D. Perkins Career and Technical Edu-
cation Act of 2006, the Head Start Act, the Adult 
Education and Family Literacy Act, and the McKin-
ney-Vento Homeless Assistance Act. 
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as 
part of a consolidated plan under section 5302. 
‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS-
MENTS, AND STATE ACCOUNTABILITY.— 
‘‘(1) ACADEMIC STANDARDS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has adopted aca-
demic content standards and academic achieve-
ment standards aligned with such content 
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standards that comply with the requirements of 
this paragraph. 
‘‘(B) SUBJECTS.—The State shall have 
such academic standards for mathematics, read-
ing or language arts, and science, and may have 
such standards for any other subject deter-
mined by the State. 
‘‘(C) REQUIREMENTS.—The standards de-
scribed in subparagraph (A) shall— 
‘‘(i) apply to all public schools and 
public school students in the State; and 
‘‘(ii) with respect to academic achieve-
ment standards, include the same knowl-
edge, skills, and levels of achievement ex-
pected of all public school students in the 
State. 
‘‘(D) ALTERNATE
ACADEMIC
ACHIEVE-
MENT STANDARDS.—Notwithstanding any other 
provision of this paragraph, a State may, 
through a documented and validated standards- 
setting 
process, 
adopt 
alternate 
academic 
achievement standards for students with the 
most significant cognitive disabilities, if— 
‘‘(i) the determination about whether 
the achievement of an individual student 
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should be measured against such standards 
is made separately for each student; and 
‘‘(ii) such standards— 
‘‘(I) are aligned with the State 
academic standards required under 
subparagraph (A); 
‘‘(II) promote access to the gen-
eral curriculum; and 
‘‘(III) reflect professional judg-
ment as to the highest possible stand-
ards achievable by such students. 
‘‘(E) ENGLISH
LANGUAGE
PROFICIENCY 
STANDARDS.—Each State plan shall describe 
how the State educational agency will establish 
English language proficiency standards that 
are— 
‘‘(i) derived from the four recognized 
domains of speaking, listening, reading, 
and writing; and 
‘‘(ii) aligned with the State’s academic 
content standards in reading or language 
arts under subparagraph (A). 
‘‘(2) ACADEMIC ASSESSMENTS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State educational agency, 
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in consultation with local educational agencies, 
has implemented a set of high-quality student 
academic assessments in mathematics, reading 
or language arts, and science. At the State’s 
discretion, the State plan may also demonstrate 
that the State has implemented such assess-
ments in any other subject chosen by the State. 
‘‘(B) REQUIREMENTS.—Such assessments 
shall— 
‘‘(i) in the case of mathematics and 
reading or language arts, be used in deter-
mining the performance of each local edu-
cational agency and public school in the 
State in accordance with the State’s ac-
countability system under paragraph (3); 
‘‘(ii) be the same academic assess-
ments used to measure the academic 
achievement of all public school students in 
the State; 
‘‘(iii) be aligned with the State’s aca-
demic standards and provide coherent and 
timely information about student attain-
ment of such standards; 
‘‘(iv) be used for purposes for which 
such assessments are valid and reliable, be 
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of adequate technical quality for each pur-
pose required under this Act, and be con-
sistent with relevant, nationally recognized 
professional and technical standards; 
‘‘(v)(I) in the case of mathematics 
and reading or language arts, be adminis-
tered in each of grades 3 through 8 and at 
least once in grades 9 through 12; 
‘‘(II) in the case of science, be admin-
istered not less than one time during— 
‘‘(aa) grades 3 through 5; 
‘‘(bb) grades 6 through 9; and 
‘‘(cc) grades 10 through 12; and 
‘‘(III) in the case of any other subject 
chosen by the State, be administered at the 
discretion of the State; 
‘‘(vi) measure individual student aca-
demic proficiency and growth; 
‘‘(vii) at the State’s discretion— 
‘‘(I) be administered through a 
single annual summative assessment; 
or 
‘‘(II) be administered through 
multiple 
assessments 
during 
the 
course of the academic year that re-
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sult in a single summative score that 
provides valid, reliable, and trans-
parent 
information 
on 
student 
achievement; 
‘‘(viii) include measures that assess 
higher-order thinking skills and under-
standing; 
‘‘(ix) provide for— 
‘‘(I) the participation in such as-
sessments of all students; 
‘‘(II) the reasonable adaptations 
and accommodations for students with 
disabilities necessary to measure the 
academic achievement of such stu-
dents relative to the State’s academic 
standards; and 
‘‘(III) the inclusion of English 
learners, who shall be assessed in a 
valid and reliable manner and pro-
vided reasonable accommodations, in-
cluding, to the extent practicable, as-
sessments in the language and form 
most likely to yield accurate and reli-
able information on what such stu-
dents know and can do in academic 
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content areas, until such students 
have achieved English language pro-
ficiency, as assessed by the State 
under subparagraph (D); 
‘‘(x) notwithstanding clause (ix)(III), 
provide for the assessment of reading or 
language arts in English for English learn-
ers who have attended school in the United 
States (not including Puerto Rico) for 3 or 
more consecutive school years, except that 
a local educational agency may, on a case- 
by-case basis, provide for the assessment of 
reading or language arts for each such stu-
dent in a language other than English for 
a period not to exceed 2 additional con-
secutive years if the assessment would be 
more likely to yield accurate and reliable 
information on what such student knows 
and can do, provided that such student has 
not yet reached a level of English language 
proficiency sufficient to yield valid and reli-
able information on what such student 
knows and can do on reading or language 
arts assessments written in English; 
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‘‘(xi) produce individual student inter-
pretive, descriptive, and diagnostic reports 
regarding achievement on such assess-
ments that allow parents, teachers, and 
school leaders to understand and address 
the specific academic needs of students, 
and that are provided to parents, teachers, 
and school leaders, as soon as is prac-
ticable after the assessment is given, in an 
understandable and uniform format, and 
to the extent practicable, in a language 
that parents can understand; 
‘‘(xii) 
enable 
results 
to 
be 
disaggregated within each State, local edu-
cational agency, and school by gender, by 
each major racial and ethnic group, by 
English language proficiency status, by mi-
grant status, by status as a student with 
a disability, and by economically disadvan-
taged status, except that, in the case of a 
local educational agency or a school, such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
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reveal personally identifiable information 
about an individual student; and 
‘‘(xiii) be administered to not less 
than 95 percent of all students, and not 
less than 95 percent of each subgroup of 
students 
described 
in 
paragraph 
(3)(B)(ii)(II). 
‘‘(C) ALTERNATE ASSESSMENTS.—A State 
may provide for alternate assessments aligned 
with the alternate academic standards adopted 
in accordance with paragraph (1)(D), for stu-
dents with the most significant cognitive dis-
abilities, if the State— 
‘‘(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program 
teams (as defined in section 614(d)(1)(B) 
of the Individuals with Disabilities Edu-
cation Act) to apply when determining 
when a child’s significant cognitive dis-
ability justifies assessment based on alter-
nate achievement standards; 
‘‘(ii) ensures that the parents of such 
students are informed that— 
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‘‘(I) 
their 
child’s 
academic 
achievement will be measured against 
such alternate standards; and 
‘‘(II) whether participation in 
such assessments precludes the stu-
dent from completing the require-
ments for a regular high school di-
ploma; 
‘‘(iii) demonstrates that such students 
are, to the extent practicable, included in 
the general curriculum and that such alter-
nate assessments are aligned with such 
curriculum; 
‘‘(iv) develops, disseminates informa-
tion about, and promotes the use of appro-
priate accommodations to increase the 
number of students with disabilities who 
are tested against academic achievement 
standards for the grade in which a student 
is enrolled; and 
‘‘(v) ensures that regular and special 
education teachers and other appropriate 
staff know how to administer the alternate 
assessments, including making appropriate 
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use of accommodations for students with 
disabilities. 
‘‘(D) ASSESSMENTS
OF
ENGLISH
LAN-
GUAGE PROFICIENCY.— 
‘‘(i) IN GENERAL.—Each State plan 
shall demonstrate that local educational 
agencies in the State will provide for an 
annual assessment of English proficiency 
of all English learners in the schools 
served by the State educational agency. 
‘‘(ii) ALIGNMENT.—The assessments 
described in clause (i) shall be aligned with 
the State’s English language proficiency 
standards described in paragraph (1)(E). 
‘‘(E) 
LANGUAGE
ASSESSMENTS.—Each 
State plan shall identify the languages other 
than English that are present in the partici-
pating student population and indicate the lan-
guages for which yearly student academic as-
sessments are not available and are needed. 
The State shall make every effort to develop 
such assessments and may request assistance 
from the Secretary if linguistically accessible 
academic assessment measures are needed. 
Upon request, the Secretary shall assist with 
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the identification of appropriate academic as-
sessment measures in the needed languages, but 
shall not mandate a specific academic assess-
ment or mode of instruction. 
‘‘(F) ADAPTIVE
ASSESSMENTS.—A State 
may develop and administer computer adaptive 
assessments as the assessments required under 
subparagraph (A). If a State develops and ad-
ministers a computer adaptive assessment for 
such purposes, the assessment shall meet the 
requirements of this paragraph, except as fol-
lows: 
‘‘(i) Notwithstanding subparagraph 
(B)(iii), the assessment— 
‘‘(I) shall measure, at a min-
imum, each student’s academic pro-
ficiency against the State’s academic 
standards for the student’s grade level 
and growth toward such standards; 
and 
‘‘(II) if the State chooses, may be 
used to measure the student’s level of 
academic 
proficiency 
and 
growth 
using assessment items above or below 
the student’s grade level, including for 
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use as part of a State’s accountability 
system under paragraph (3). 
‘‘(ii) Subparagraph (B)(ii) shall not 
be interpreted to require that all students 
taking the computer adaptive assessment 
be administered the same assessment 
items. 
‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a single, statewide accountability 
system to ensure that all public school students 
graduate from high school prepared for postsec-
ondary education or the workforce without the 
need for remediation. 
‘‘(B) ELEMENTS.—Each State account-
ability system described in subparagraph (A) 
shall at a minimum— 
‘‘(i) annually measure the academic 
achievement of all public school students in 
the State against the State’s mathematics 
and reading or language arts academic 
standards adopted under paragraph (1), 
which may include measures of student 
growth toward such standards, using the 
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mathematics and reading or language arts 
assessments described in paragraph (2)(B) 
and other valid and reliable academic indi-
cators related to student achievement as 
identified by the State; 
‘‘(ii) annually evaluate and identify 
the academic performance of each public 
school in the State based on— 
‘‘(I) student academic achieve-
ment as measured in accordance with 
clause (i); and 
‘‘(II) the overall performance, 
and achievement gaps as compared to 
all students in the school, for eco-
nomically disadvantaged students, stu-
dents from major racial and ethnic 
groups, students with disabilities, and 
English 
learners, 
except 
that 
disaggregation of data under this sub-
clause shall not be required in a case 
in which the number of students in a 
category is insufficient to yield statis-
tically reliable information or the re-
sults would reveal personally identifi-
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able information about an individual 
student; and 
‘‘(iii) include a system for school im-
provement 
for 
low-performing 
public 
schools receiving funds under this subpart 
that— 
‘‘(I) implements interventions in 
such schools that are designed to ad-
dress such schools’ weaknesses; and 
‘‘(II) is implemented by local 
educational agencies serving such 
schools. 
‘‘(C) PROHIBITION.—Nothing in this sec-
tion shall be construed to permit the Secretary 
to establish any criteria that specifies, defines, 
or prescribes any aspect of a State’s account-
ability system developed and implemented in ac-
cordance with this paragraph. 
‘‘(D) 
ACCOUNTABILITY
FOR
CHARTER 
SCHOOLS.—The accountability provisions under 
this Act shall be overseen for charter schools in 
accordance with State charter school law. 
‘‘(4) REQUIREMENTS.—Each State plan shall 
describe— 
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‘‘(A) how the State educational agency will 
assist each local educational agency and each 
public school affected by the State plan to com-
ply with the requirements of this subpart, in-
cluding how the State educational agency will 
work with local educational agencies to provide 
technical assistance; and 
‘‘(B) how the State educational agency will 
ensure that the results of the State assessments 
described in paragraph (2), the other indicators 
selected 
by 
the 
State 
under 
paragraph 
(3)(B)(i), and the school evaluations described 
in paragraph (3)(B)(ii), will be promptly pro-
vided to local educational agencies, schools, 
teachers, and parents in a manner that is clear 
and easy to understand, but not later than be-
fore the beginning of the school year following 
the school year in which such assessments, 
other indicators, or evaluations are taken or 
completed. 
‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 
State plan shall describe the process by which the 
State will adopt and implement the State academic 
standards, assessments, and accountability system 
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required under this section within 2 years of enact-
ment of the Student Success Act. 
‘‘(6) EXISTING STANDARDS.—Nothing in this 
subpart shall prohibit a State from revising, con-
sistent with this section, any standard adopted 
under this section before or after the date of enact-
ment of the Student Success Act. 
‘‘(7) EXISTING STATE LAW.—Nothing in this 
section shall be construed to alter any State law or 
regulation granting parents authority over schools 
that repeatedly failed to make adequate yearly 
progress under this section, as in effect on the day 
before the date of the enactment of the Student Suc-
cess Act. 
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING 
AND LEARNING.—Each State plan shall contain assur-
ances that— 
‘‘(1) the State will notify local educational 
agencies, schools, teachers, parents, and the public 
of the academic standards, academic assessments, 
and State accountability system developed and im-
plemented under this section; 
‘‘(2) the State will participate in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
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Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act if the Secretary 
pays the costs of administering such assessments; 
‘‘(3) the State educational agency will notify 
local educational agencies and the public of the au-
thority to operate schoolwide programs; 
‘‘(4) the State educational agency will provide 
the least restrictive and burdensome regulations for 
local educational agencies and individual schools par-
ticipating in a program assisted under this subpart; 
‘‘(5) the State educational agency will encour-
age schools to consolidate funds from other Federal, 
State, and local sources for schoolwide reform in 
schoolwide programs under section 1114; 
‘‘(6) the State educational agency will modify or 
eliminate State fiscal and accounting barriers so 
that schools can easily consolidate funds from other 
Federal, State, and local sources for schoolwide pro-
grams under section 1114; and 
‘‘(7) the State educational agency will inform 
local educational agencies in the State of the local 
educational agency’s authority to transfer funds 
under section 1002 and to obtain waivers under sec-
tion 5401. 
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‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 
shall describe how the State educational agency will sup-
port the collection and dissemination to local educational 
agencies and schools of effective parental involvement 
practices. Such practices shall— 
‘‘(1) be based on the most current research that 
meets the highest professional and technical stand-
ards on effective parental involvement that fosters 
achievement to high standards for all children; 
‘‘(2) be geared toward lowering barriers to 
greater participation by parents in school planning, 
review, and improvement; and 
‘‘(3) be coordinated with programs funded 
under subpart 3 of part A of title III. 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding sec-
tion 5543, the Secretary shall— 
‘‘(A) establish a peer-review process to as-
sist in the review of State plans; and 
‘‘(B) appoint individuals to the peer-review 
process who are representative of parents, 
teachers, State educational agencies, and local 
educational agencies, and who are familiar with 
educational standards, assessments, account-
ability, the needs of low-performing schools, and 
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other educational needs of students, and ensure 
that 75 percent of such appointees are practi-
tioners. 
‘‘(2) APPROVAL.—The Secretary shall— 
‘‘(A) approve a State plan within 120 days 
of its submission; 
‘‘(B) disapprove of the State plan only if 
the Secretary demonstrates how the State plan 
fails to meet the requirements of this section 
and immediately notifies the State of such de-
termination and the reasons for such deter-
mination; 
‘‘(C) not decline to approve a State’s plan 
before— 
‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the re-
quirements of this section; and 
‘‘(iii) providing a hearing; and 
‘‘(D) have the authority to disapprove a 
State plan for not meeting the requirements of 
this subpart, but shall not have the authority to 
require a State, as a condition of approval of 
the State plan, to include in, or delete from, 
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such plan one or more specific elements of the 
State’s academic standards or State account-
ability system, or to use specific academic as-
sessments or other indicators. 
‘‘(3) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if it is nec-
essary to satisfy the requirements of this section. 
‘‘(4) PUBLIC
REVIEW.—All communications, 
feedback, and notifications under this subsection 
shall be conducted in a manner that is immediately 
made available to the public through the website of 
the Department, including— 
‘‘(A) peer review guidance; 
‘‘(B) the names of the peer reviewers; 
‘‘(C) State plans submitted or resubmitted 
by a State, including the current approved 
plans; 
‘‘(D) peer review notes; 
‘‘(E) State plan determinations by the Sec-
retary, including approvals or disapprovals, and 
any deviations from the peer reviewers’ rec-
ommendations with an explanation of the devi-
ation; and 
‘‘(F) hearings. 
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‘‘(5) PROHIBITION.—The Secretary, and the 
Secretary’s staff, may not attempt to participate in, 
or influence, the peer review process. No Federal 
employee may participate in, or attempt to influence 
the peer review process, except to respond to ques-
tions of a technical nature, which shall be publicly 
reported. 
‘‘(f) DURATION OF THE PLAN.— 
‘‘(1) IN GENERAL.—Each State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
as necessary by the State educational agency to 
reflect changes in the State’s strategies and 
programs under this subpart. 
‘‘(2) ADDITIONAL
INFORMATION.—If a State 
makes significant changes to its State plan, such as 
the adoption of new State academic standards or 
new academic assessments, or adopts a new State 
accountability system, such information shall be sub-
mitted to the Secretary under subsection (e)(2) for 
approval. 
‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a 
State fails to meet any of the requirements of this section 
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then the Secretary shall withhold funds for State adminis-
tration under this subpart until the Secretary determines 
that the State has fulfilled those requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this subpart shall prepare and 
disseminate an annual State report card. Such 
dissemination shall include, at a minimum, pub-
licly posting the report card on the home page 
of the State educational agency’s website. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
‘‘(i) concise; and 
‘‘(ii) presented in an understandable 
and uniform format that is developed in 
consultation with parents and, to the ex-
tent practicable, provided in a language 
that parents can understand. 
‘‘(C) 
REQUIRED
INFORMATION.—The 
State shall include in its annual State report 
card information on— 
‘‘(i) the performance of students, in 
the aggregate and disaggregated by the 
categories of students described in sub-
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section (b)(2)(B)(xii) (except that such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student), on the State 
academic assessments described in sub-
section (b)(2); 
‘‘(ii) the participation rate on such as-
sessments, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause 
(i)); 
‘‘(iii) the performance of students, in 
the aggregate and disaggregated in accord-
ance with clause (i), on other academic in-
dicators 
described 
in 
subsection 
(b)(3)(B)(i); 
‘‘(iv) for each public high school in 
the 
State, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause 
(i)— 
‘‘(I) the four-year adjusted co-
hort graduation rate, and 
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‘‘(II) at the State’s discretion, 
the extended-year adjusted cohort 
graduation rate, calculated and re-
ported separately for students grad-
uating in 5 years or less, students 
graduating in 6 years or less, and stu-
dents graduating in 7 or more years; 
‘‘(v) each public school’s evaluation 
results as determined in accordance with 
subsection (b)(3)(B)(ii); 
‘‘(vi) the acquisition of English pro-
ficiency by English learners; 
‘‘(vii) the number and percentage of 
teachers in each category established under 
clause (iii) of section 2123(1)(A), except 
that such information shall not reveal per-
sonally identifiable information about an 
individual teacher; and 
‘‘(viii) the results of the assessments 
described in subsection (c)(2). 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding 
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the progress of each of the State’s public ele-
mentary schools and public secondary schools. 
‘‘(2) ANNUAL
LOCAL
EDUCATIONAL
AGENCY 
REPORT CARDS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that receives assistance under this sub-
part shall prepare and disseminate an annual 
local educational agency report card. 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
State educational agency shall ensure that each 
local educational agency collects appropriate 
data and includes in the local educational agen-
cy’s annual report the information described in 
paragraph (1)(C) as applied to the local edu-
cational agency and each school served by the 
local educational agency, and— 
‘‘(i) in the case of a local educational 
agency, information that shows how stu-
dents served by the local educational agen-
cy achieved on the statewide academic as-
sessment and other academic indicators 
adopted in accordance with subsection 
(b)(3)(B)(i) compared to students in the 
State as a whole; and 
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‘‘(ii) in the case of a school, the 
school’s 
evaluation 
under 
subsection 
(b)(3)(B)(ii). 
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such infor-
mation is included in the annual State report 
card. 
‘‘(D) DATA.—A local educational agency 
or school shall only include in its annual local 
educational agency report card data that are 
sufficient to yield statistically reliable informa-
tion, as determined by the State, and that do 
not reveal personally identifiable information 
about an individual student. 
‘‘(E) PUBLIC DISSEMINATION.—The local 
educational agency shall publicly disseminate 
the information described in this paragraph to 
all schools served by the local educational agen-
cy and to all parents of students attending 
those schools in an understandable and uniform 
format, and, to the extent practicable, in a lan-
guage that parents can understand, and make 
the information widely available through public 
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means, such as posting on the Internet, dis-
tribution to the media, and distribution through 
public agencies, except that if a local edu-
cational agency issues a report card for all stu-
dents, the local educational agency may include 
the information under this section as part of 
such report. 
‘‘(3) PREEXISTING
REPORT
CARDS.—A State 
educational agency or local educational agency may 
use public report cards on the performance of stu-
dents, schools, local educational agencies, or the 
State, that were in effect prior to the enactment of 
the Student Success Act for the purpose of this sub-
section, so long as any such report card is modified, 
as may be needed, to contain the information re-
quired by this subsection. 
‘‘(4) PARENTS RIGHT-TO-KNOW.— 
‘‘(A) ACHIEVEMENT
INFORMATION.—At 
the beginning of each school year, a school that 
receives funds under this subpart shall provide 
to each individual parent information on the 
level of achievement of the parent’s child in 
each of the State academic assessments and 
other academic indicators adopted in accord-
ance with this subpart. 
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‘‘(B) FORMAT.—The notice and informa-
tion provided to parents under this paragraph 
shall be in an understandable and uniform for-
mat and, to the extent practicable, provided in 
a language that the parents can understand. 
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that 
protects the privacy of individuals consistent with section 
444 of the General Education Provisions Act. 
‘‘(j) VOLUNTARY
PARTNERSHIPS.—A State may 
enter into a voluntary partnership with another State to 
develop and implement the academic assessments and 
standards required under this section, except that the Sec-
retary shall not, either directly or indirectly, attempt to 
influence, incentivize, or coerce State participation in any 
such partnerships. 
‘‘(k) CONSTRUCTION.—Nothing in this part shall be 
construed to prescribe the use of the academic assess-
ments described in this part for student promotion or 
graduation purposes. 
‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU- 
FUNDED SCHOOLS.—In determining the assessments to 
be used by each school operated or funded by the Bureau 
of Indian Education receiving funds under this subpart, 
the following shall apply: 
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‘‘(1) Each such school that is accredited by the 
State in which it is operating shall use the assess-
ments and other academic indicators the State has 
developed and implemented to meet the require-
ments of this section, or such other appropriate as-
sessment and academic indicators as approved by 
the Secretary of the Interior. 
‘‘(2) Each such school that is accredited by a 
regional accrediting organization shall adopt an ap-
propriate assessment and other academic indicators, 
in consultation with and with the approval of, the 
Secretary of the Interior and consistent with assess-
ments and academic indicators adopted by other 
schools in the same State or region, that meet the 
requirements of this section. 
‘‘(3) Each such school that is accredited by a 
tribal accrediting agency or tribal division of edu-
cation shall use an assessment and other academic 
indicators developed by such agency or division, ex-
cept that the Secretary of the Interior shall ensure 
that such assessment and academic indicators meet 
the requirements of this section.’’. 
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read 
as follows: 
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‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this subpart for any 
fiscal year only if such agency has on file with the 
State educational agency a plan, approved by the 
State educational agency, that is coordinated with 
other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, the 
McKinney-Vento Homeless Assistance Act, and 
other Acts, as appropriate. 
‘‘(2) CONSOLIDATED APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 5305. 
‘‘(b) PLAN PROVISIONS.—Each local educational 
agency plan shall describe— 
‘‘(1) how the local educational agency will mon-
itor, in addition to the State assessments described 
in section 1111(b)(2), students’ progress in meeting 
the State’s academic standards; 
‘‘(2) how the local educational agency will iden-
tify quickly and effectively those students who may 
be at risk of failing to meet the State’s academic 
standards; 
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‘‘(3) how the local educational agency will pro-
vide additional educational assistance to individual 
students in need of additional help in meeting the 
State’s academic standards; 
‘‘(4) how the local educational agency will im-
plement the school improvement system described in 
section 1111(b)(3)(B)(iii) for any of the agency’s 
schools identified under such section; 
‘‘(5) how the local educational agency will co-
ordinate programs under this subpart with other 
programs under this Act and other Acts, as appro-
priate; 
‘‘(6) the poverty criteria that will be used to se-
lect school attendance areas under section 1113; 
‘‘(7) how teachers, in consultation with parents, 
administrators, and specialized instructional support 
personnel, in targeted assistance schools under sec-
tion 1115, will identify the eligible children most in 
need of services under this subpart; 
‘‘(8) in general, the nature of the programs to 
be conducted by the local educational agency’s 
schools under sections 1114 and 1115, and, where 
appropriate, 
educational 
services 
outside 
such 
schools for children living in local institutions for ne-
glected and delinquent children, and for neglected 
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and delinquent children in community day school 
programs; 
‘‘(9) how the local educational agency will en-
sure that migratory children who are eligible to re-
ceive services under this subpart are selected to re-
ceive such services on the same basis as other chil-
dren who are selected to receive services under this 
subpart; 
‘‘(10) the services the local educational agency 
will provide homeless children, including services 
provided 
with 
funds 
reserved 
under 
section 
1113(c)(3)(A); 
‘‘(11) the strategy the local educational agency 
will use to implement effective parental involvement 
under section 1118; 
‘‘(12) if appropriate, how the local educational 
agency will use funds under this subpart to support 
preschool programs for children, particularly chil-
dren participating in a Head Start program, which 
services may be provided directly by the local edu-
cational agency or through a subcontract with the 
local Head Start agency designated by the Secretary 
of Health and Human Services under section 641 of 
the Head Start Act, or another comparable early 
childhood development program; 
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‘‘(13) how the local educational agency, through 
incentives for voluntary transfers, the provision of 
professional development, recruitment programs, in-
centive pay, performance pay, or other effective 
strategies, will address disparities in the rates of 
low-income and minority students and other stu-
dents being taught by ineffective teachers; and 
‘‘(14) if appropriate, how the local educational 
agency will use funds under this subpart to support 
programs that coordinate and integrate— 
‘‘(A) 
career 
and 
technical 
education 
aligned with State technical standards that pro-
mote skills attainment important to in-demand 
occupations or industries in the State and the 
State’s academic standards under section 
1111(b)(1); and 
‘‘(B) work-based learning opportunities 
that provide students in-depth interaction with 
industry professionals. 
‘‘(c) ASSURANCES.—Each local educational agency 
plan shall provide assurances that the local educational 
agency will— 
‘‘(1) participate, if selected, in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
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Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from 
Federal, State, and local sources; 
‘‘(3) provide technical assistance to schoolwide 
programs; 
‘‘(4) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
cordance with section 1120, and timely and mean-
ingful consultation with private school officials or 
representatives regarding such services; 
‘‘(5) in the case of a local educational agency 
that chooses to use funds under this subpart to pro-
vide early childhood development services to low-in-
come children below the age of compulsory school at-
tendance, ensure that such services comply with the 
performance standards established under section 
641A(a) of the Head Start Act; 
‘‘(6) inform eligible schools of the local edu-
cational agency’s authority to request waivers on the 
school’s behalf under Title V; and 
‘‘(7) ensure that the results of the academic as-
sessments required under section 1111(b)(2) will be 
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provided to parents and teachers as soon as is prac-
ticably possible after the test is taken, in an under-
standable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(d) SPECIAL RULE.—In carrying out subsection 
(c)(5), the Secretary shall— 
‘‘(1) consult with the Secretary of Health and 
Human Services and shall establish procedures (tak-
ing into consideration existing State and local laws, 
and local teacher contracts) to assist local edu-
cational agencies to comply with such subparagraph; 
and 
‘‘(2) disseminate to local educational agencies 
the education performance standards in effect under 
section 641A(a)(1)(B) of the Head Start Act, and 
such agencies affected by such subsection shall plan 
for the implementation of such subsection (taking 
into consideration existing State and local laws, and 
local teacher contracts). 
‘‘(e) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, school leaders, administrators, and other 
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appropriate school personnel, and with parents of 
children in schools served under this subpart. 
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of enactment of this Act and 
shall remain in effect for the duration of the agen-
cy’s participation under this subpart. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(f) STATE APPROVAL.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall be filed according to a schedule es-
tablished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
‘‘(A) enables schools served under this sub-
part to substantially help children served under 
this subpart to meet the State’s academic 
standards described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this sec-
tion. 
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‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to 
determine if such agency’s activities are in accord-
ance with section 1118. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency using funds under this subpart and subpart 
4 to provide a language instruction educational pro-
gram shall, not later than 30 days after the begin-
ning of the school year, inform parents of an 
English learner identified for participation, or par-
ticipating in, such a program of— 
‘‘(A) the reasons for the identification of 
their child as an English learner and in need of 
placement in a language instruction educational 
program; 
‘‘(B) the child’s level of English pro-
ficiency, how such level was assessed, and the 
status of the child’s academic achievement; 
‘‘(C) the methods of instruction used in 
the program in which their child is, or will be 
participating, and the methods of instruction 
used in other available programs, including how 
such programs differ in content, instructional 
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goals, and the use of English and a native lan-
guage in instruction; 
‘‘(D) how the program in which their child 
is, or will be participating, will meet the edu-
cational strengths and needs of their child; 
‘‘(E) how such program will specifically 
help their child learn English, and meet age-ap-
propriate academic achievement standards for 
grade promotion and graduation; 
‘‘(F) the specific exit requirements for the 
program, including the expected rate of transi-
tion from such program into classrooms that 
are not tailored for English learners, and the 
expected rate of graduation from high school 
for such program if funds under this subpart 
are used for children in secondary schools; 
‘‘(G) in the case of a child with a dis-
ability, how such program meets the objectives 
of the individualized education program of the 
child; and 
‘‘(H) information pertaining to parental 
rights that includes written guidance— 
‘‘(i) detailing— 
‘‘(I) the right that parents have 
to have their child immediately re-
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moved from such program upon their 
request; and 
‘‘(II) the options that parents 
have to decline to enroll their child in 
such program or to choose another 
program or method of instruction, if 
available; and 
‘‘(ii) assisting parents in selecting 
among various programs and methods of 
instruction, if more than one program or 
method is offered by the eligible entity. 
‘‘(2) NOTICE.—The notice and information pro-
vided in paragraph (1) to parents of a child identi-
fied for participation in a language instruction edu-
cational program for English learners shall be in an 
understandable and uniform format and, to the ex-
tent practicable, provided in a language that the 
parents can understand. 
‘‘(3) SPECIAL RULE APPLICABLE DURING THE 
SCHOOL YEAR.—For those children who have not 
been identified as English learners prior to the be-
ginning of the school year the local educational 
agency shall notify parents within the first 2 weeks 
of the child being placed in a language instruction 
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educational program consistent with paragraphs (1) 
and (2). 
‘‘(4) PARENTAL
PARTICIPATION.—Each local 
educational agency receiving funds under this sub-
part shall implement an effective means of outreach 
to parents of English learners to inform the parents 
regarding how the parents can be involved in the 
education of their children, and be active partici-
pants in assisting their children to attain English 
proficiency, achieve at high levels in core academic 
subjects, and meet the State’s academic standards 
expected of all students, including holding, and send-
ing notice of opportunities for, regular meetings for 
the purpose of formulating and responding to rec-
ommendations from parents of students assisted 
under this subpart. 
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—A 
student shall not be admitted to, or excluded from, 
any federally assisted education program on the 
basis of a surname or language-minority status.’’. 
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS. 
Section 1113 (20 U.S.C. 6313) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(2) in subsection (c)(4)— 
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(A) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B’’; and 
(B) by striking ‘‘school improvement, cor-
rective action, and restructuring under section 
1116(b)’’ and inserting ‘‘school improvement 
under section 1111(b)(3)(B)(iii)’’. 
SEC. 115. SCHOOLWIDE PROGRAMS. 
Section 1114 (20 U.S.C. 6314) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘part’’ and inserting 
‘‘subpart’’; and 
(ii) by striking ‘‘in which’’ through 
‘‘such families’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)(i), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘children with 
limited English proficiency’’ and in-
serting ‘‘English learners’’; and 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; 
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(C) in paragraph (3)(B), by striking 
‘‘maintenance of effort,’’ after ‘‘private school 
children,’’; and 
(D) by striking paragraph (4); 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘(including’’ and 
all that follows through ‘‘1309(2))’’; 
and 
(II) by striking ‘‘content stand-
ards and the State student academic 
achievement standards’’ and inserting 
‘‘standards’’; 
(ii) in subparagraph (B)— 
(I) in clause (i), by striking ‘‘pro-
ficient’’ and all that follows through 
‘‘section 1111(b)(1)(D)’’ and inserting 
‘‘academic standards described in sec-
tion 1111(b)(1)’’; 
(II) in clause (ii), in the matter 
preceding subclause (I), by striking 
‘‘based on scientifically based re-
search’’ 
and 
inserting 
‘‘evidence- 
based’’; 
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(III) in clause (iii)(I)— 
(aa) by striking ‘‘student 
academic achievement standards’’ 
and inserting ‘‘academic stand-
ards’’; and 
(bb) by striking ‘‘schoolwide 
program,’’ and all that follows 
through ‘‘technical education pro-
grams; 
and’’ 
and 
inserting 
‘‘schoolwide programs; and’’; and 
(IV) in clause (iv), by striking 
‘‘the State and local improvement 
plans’’ and inserting ‘‘school improve-
ment strategies’’; 
(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(iv) in subparagraph (D)— 
(I) by striking ‘‘In accordance 
with section 1119 and subsection 
(a)(4), high-quality’’ and inserting 
‘‘High-quality’’; 
(II) by striking ‘‘pupil services’’ 
and inserting ‘‘specialized instruc-
tional support services’’; and 
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through ‘‘2001)’’ and inserting 
‘‘have in place’’; and 
(bb) by striking ‘‘and its 
school support team or other 
technical 
assistance 
provider 
under section 1117’’; 
(II) in clause (ii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(III) in clause (iv), by striking 
‘‘section 1111(b)(3)’’ and inserting 
‘‘section 1111(b)(2)’’; and 
(ii) in subparagraph (B)— 
(I) in clause (i)— 
(aa) in subclause (I), by 
striking ‘‘, after considering the 
recommendation of the technical 
assistance providers under sec-
tion 1117,’’; and 
(bb) in subclause (II), by 
striking ‘‘the No Child Left Be-
hind Act of 2001’’ and inserting 
‘‘Student Success Act’’; 
(II) in clause (ii)— 
(aa) by striking ‘‘(including 
administrators of programs de-
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rfrederick on DSK4SPTVN1PROD with BILLS
scribed in other parts of this 
title)’’; and 
(bb) by striking ‘‘pupil serv-
ices’’ and inserting ‘‘specialized 
instructional support services’’; 
(III) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(IV) in clause (v), by striking 
‘‘Reading First, Early Reading First, 
Even Start,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(B) by striking ‘‘6,’’ and all that follows 
through the period at the end and inserting 
‘‘6.’’. 
SEC. 116. TARGETED ASSISTANCE SCHOOLS. 
Section 1115 (20 U.S.C. 6315) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘are ineligible for a 
schoolwide program under section 1114, or 
that’’; 
(B) by striking ‘‘operate such’’ and insert-
ing ‘‘operate’’; and 
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(C) by striking ‘‘part’’ and inserting ‘‘sub-
part’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘chal-
lenging student academic achievement’’ and in-
serting ‘‘academic’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘limited English 
proficient children’’ and inserting 
‘‘English learners’’; and 
(II) by striking ‘‘part’’ each place 
it appears and inserting ‘‘subpart’’; 
(ii) in subparagraph (B)— 
(I) in the heading, by striking ‘‘, 
EVEN
START, OR
EARLY
READING 
FIRST’’; and 
(II) by striking ‘‘, Even Start, or 
Early Reading First’’; 
(iii) in subparagraph (C)— 
(I) by amending the heading to 
read as follows: ‘‘SUBPART
CHIL-
DREN.—’’; 
(II) by striking ‘‘part C’’ and in-
serting ‘‘subpart 3’’; and 
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(III) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(iv) in subparagraphs (D) and (E), by 
striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
(C) in paragraph (3), by striking ‘‘part’’ 
and inserting ‘‘subpart’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘part’’ and insert-
ing ‘‘subpart’’; and 
(II) by striking ‘‘challenging stu-
dent academic achievement’’ and in-
serting ‘‘academic’’; 
(iii) in subparagraph (B), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(iv) in subparagraph (C)— 
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(I) in the matter preceding clause 
(i), by striking ‘‘based on scientifically 
based research’’ and inserting ‘‘evi-
dence-based’’; and 
(II) in clause (iii), by striking 
‘‘part’’ and inserting ‘‘subpart’’; 
(v) in subparagraph (D), by striking 
‘‘such as Head Start, Even Start, Early 
Reading First or State-run preschool pro-
grams’’; 
(vi) in subparagraph (E), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(vii) in subparagraph (F)— 
(I) by striking ‘‘in accordance 
with subsection (e)(3) and section 
1119,’’; 
(II) by striking ‘‘part’’ and in-
serting ‘‘subpart’’; and 
(III) by striking ‘‘pupil services 
personnel’’ and inserting ‘‘specialized 
instructional support personnel’’; and 
(viii) in subparagraph (H), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
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(i) in the matter preceding subpara-
graph (A), by striking ‘‘proficient and ad-
vanced levels of achievement’’ and insert-
ing ‘‘academic standards’’; 
(ii) in subparagraph (A), by striking 
‘‘part’’ and inserting ‘‘subpart’’; and 
(iii) in subparagraph (B), by striking 
‘‘challenging student academic achieve-
ment’’ and inserting ‘‘academic’’; 
(4) in subsection (d), in the matter preceding 
paragraph (1), by striking ‘‘part’’ each place it ap-
pears and inserting ‘‘subpart’’; and 
(5) in subsection (e)— 
(A) in paragraph (2)(B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘part’’ and inserting ‘‘sub-
part’’; and 
(ii) in clause (iii), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized in-
structional support services’’; and 
(B) by striking paragraph (3). 
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SEC. 
117. 
ACADEMIC 
ASSESSMENT 
AND 
LOCAL 
EDU-
CATIONAL AGENCY AND SCHOOL IMPROVE-
MENT; SCHOOL SUPPORT AND RECOGNITION. 
The Act is amended by repealing sections 1116 and 
1117 (20 U.S.C. 6316; 6317). 
SEC. 118. PARENTAL INVOLVEMENT. 
Section 1118 (20 U.S.C. 6318) is amended— 
(1) by striking ‘‘part’’ each place such term ap-
pears and inserting ‘‘subpart’’; 
(2) in subsection (a)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
and’’ and all that follows through ‘‘1116’’; 
and 
(ii) in subparagraph (D), by striking 
‘‘, such as’’ and all that follows through 
‘‘preschool programs’’; and 
(B) in paragraph (3)(A), by striking ‘‘sub-
part 2 of this part’’ each place it appears and 
inserting ‘‘chapter B of this subpart’’; 
(3) by amending subsection (c)(4)(B) to read as 
follows: 
‘‘(B) a description and explanation of the 
curriculum in use at the school and the forms 
of academic assessment used to measure stu-
dent progress; and’’; 
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(4) in subsection (d)(1), by striking ‘‘student 
academic achievement’’ and inserting ‘‘academic’’; 
(5) in subsection (e)— 
(A) in paragraph (1), by striking ‘‘State’s 
academic content standards and State student 
academic achievement standards’’ and inserting 
‘‘State’s academic standards’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘pupil services per-
sonnel,’’ and inserting ‘‘specialized instruc-
tional support personnel,’’; and 
(ii) by striking ‘‘principals,’’ and in-
serting ‘‘school leaders,’’; and 
(C) in paragraph (4), by striking ‘‘Head 
Start, Reading First, Early Reading First, 
Even Start, the Home Instruction Programs for 
Preschool Youngsters, the Parents as Teachers 
Program, and public preschool and other’’ and 
inserting ‘‘other Federal, State, and local’’; and 
(6) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FAMILY ENGAGEMENT
IN EDUCATION PRO-
GRAMS.—In a State operating a program under subpart 
3 of part A of title III, each local educational agency or 
school that receives assistance under this subpart shall in-
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form such parents and organizations of the existence of 
such programs.’’. 
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARA-
PROFESSIONALS. 
The Act is amended by repealing section 1119 (20 
U.S.C. 6319). 
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRI-
VATE SCHOOLS. 
Section 1120 (20 U.S.C. 6320) is amended to read 
as follows: 
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN 
PRIVATE SCHOOLS. 
‘‘(a) GENERAL REQUIREMENT.— 
‘‘(1) IN
GENERAL.—To the extent consistent 
with the number of eligible children identified under 
section 1115(b) in the school district served by a 
local educational agency who are enrolled in private 
elementary schools and secondary schools, a local 
educational agency shall— 
‘‘(A) after timely and meaningful consulta-
tion with appropriate private school officials or 
representatives, provide such service, on an eq-
uitable basis and individually or in combination, 
as requested by the officials or representatives 
to best meet the needs of such children, special 
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educational 
services, 
instructional 
services, 
counseling, mentoring, one-on-one tutoring, or 
other benefits under this subpart (such as dual 
enrollment, educational radio and television, 
computer equipment and materials, other tech-
nology, and mobile educational services and 
equipment) that address their needs; and 
‘‘(B) ensure that teachers and families of 
the children participate, on an equitable basis, 
in services and activities developed pursuant to 
this subpart. 
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.— 
Such educational services or other benefits, including 
materials and equipment, shall be secular, neutral, 
and nonideological. 
‘‘(3) EQUITY.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits for such private school chil-
dren shall be equitable in comparison to serv-
ices and other benefits for public school chil-
dren participating under this subpart, and shall 
be provided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure such 
equity for such private school children, teach-
ers, and other educational personnel, the State 
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educational agency involved shall designate an 
ombudsman to monitor and enforce the require-
ments of this subpart. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children shall be equal to the ex-
penditures for participating public school chil-
dren, taking into account the number, and edu-
cational needs, of the children to be served. The 
share of funds shall be determined based on the 
total allocation received by the local educational 
agency prior to any allowable expenditures au-
thorized under this title. 
‘‘(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— 
‘‘(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. 
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‘‘(C) 
NOTICE
OF
ALLOCATION.—Each 
State educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency or, in a case described in subsection 
(b)(6)(C), the State educational agency involved, 
may provide services under this section directly or 
through contracts with public or private agencies, 
organizations, and institutions. 
‘‘(b) CONSULTATION.— 
‘‘(1) IN
GENERAL.—To ensure timely and 
meaningful consultation, a local educational agency 
shall consult with appropriate private school officials 
or representatives during the design and develop-
ment of such agency’s programs under this subpart 
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in order to reach an agreement between the agency 
and the officials or representatives about equitable 
and effective programs for eligible private school 
children, the results of which shall be transmitted to 
the 
designated 
ombudsmen 
under 
section 
1120(a)(3)(B). Such process shall include consulta-
tion on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be academically 
assessed and how the results of that assessment 
will be used to improve those services; 
‘‘(E) the size and scope of the equitable 
services to be provided to the eligible private 
school children, and the proportion of funds 
that is allocated under subsection (a)(4)(A) for 
such services, how that proportion of funds is 
determined under such subsection, and an 
itemization of the costs of the services to be 
provided; 
‘‘(F) the method or sources of data that 
are used under subsection (c) and section 
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1113(c)(1) to determine the number of children 
from low-income families in participating school 
attendance areas who attend private schools; 
‘‘(G) how and when the agency will make 
decisions about the delivery of services to such 
children, including a thorough consideration 
and analysis of the views of the private school 
officials or representatives on the provision of 
services through a contract with potential third- 
party providers; 
‘‘(H) how, if the agency disagrees with the 
views of the private school officials or represent-
atives on the provision of services through a 
contract, the local educational agency will pro-
vide in writing to such private school officials 
an analysis of the reasons why the local edu-
cational agency has chosen not to use a con-
tractor; 
‘‘(I) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public and private agencies, organi-
zations, and institutions; 
‘‘(J) whether to provide equitable services 
to eligible private school children— 
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‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
paragraph (4) based on all the children 
from low-income families who attend pri-
vate schools in a participating school at-
tendance area of the agency from which 
the local educational agency will provide 
such services to all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
agency’s participating school attendance 
area with the proportion of funds allocated 
under paragraph (4) based on the number 
of children from low-income families who 
attend such school; and 
‘‘(K) whether to consolidate and use funds 
under this subpart to provide schoolwide pro-
grams for a private school. 
‘‘(2) DISAGREEMENT.—If a local educational 
agency disagrees with the views of private school of-
ficials or representatives with respect to an issue de-
scribed in paragraph (1), the local educational agen-
cy shall provide in writing to such private school of-
ficials an analysis of the reasons why the local edu-
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cational agency has chosen not to adopt the course 
of action requested by such officials. 
‘‘(3) TIMING.—Such consultation shall include 
meetings of agency and private school officials or 
representatives and shall occur before the local edu-
cational agency makes any decision that affects the 
opportunities of eligible private school children to 
participate in programs under this subpart. Such 
meetings shall continue throughout implementation 
and assessment of services provided under this sec-
tion. 
‘‘(4) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a 
local educational agency can use to provide equitable 
services to eligible private school children. 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or representa-
tives of each participating private school that the 
meaningful consultation required by this section has 
occurred. The written affirmation shall provide the 
option for private school officials or representatives 
to indicate that timely and meaningful consultation 
has not occurred or that the program design is not 
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equitable with respect to eligible private school chil-
dren. If such officials or representatives do not pro-
vide such affirmation within a reasonable period of 
time, the local educational agency shall forward the 
documentation that such consultation has, or at-
tempts at such consultation have, taken place to the 
State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—A private school offi-
cial shall have the right to file a complaint with 
the State educational agency that the local edu-
cational agency did not engage in consultation 
that was meaningful and timely, did not give 
due consideration to the views of the private 
school official, or did not treat the private 
school or its students equitably as required by 
this section. 
‘‘(B) PROCEDURE.—If the private school 
official wishes to file a complaint, the official 
shall provide the basis of the noncompliance 
with this section by the local educational agency 
to the State educational agency, and the local 
educational agency shall forward the appro-
priate documentation to the State educational 
agency. 
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‘‘(C) STATE EDUCATIONAL AGENCIES.—A 
State educational agency shall provide services 
under this section directly or through contracts 
with public or private agencies, organizations, 
and institutions, if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency involved has not 
met the requirements of this section; 
or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in a participating school at-
tendance area of the agency that are 
not being served by the agency’s pro-
gram under this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a partici-
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pating school attendance area of the 
agency are not being served by the 
agency’s program under this section. 
‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI-
VATE SCHOOL STUDENTS.— 
‘‘(1) CALCULATION.—A local educational agen-
cy shall have the final authority, consistent with this 
section, to calculate the number of children, ages 5 
through 17, who are from low-income families and 
attend private schools by— 
‘‘(A) using the same measure of low in-
come used to count public school children; 
‘‘(B) using the results of a survey that, to 
the extent possible, protects the identity of fam-
ilies of private school students, and allowing 
such survey results to be extrapolated if com-
plete actual data are unavailable; 
‘‘(C) applying the low-income percentage of 
each participating public school attendance 
area, determined pursuant to this section, to 
the number of private school children who re-
side in that school attendance area; or 
‘‘(D) using an equated measure of low in-
come correlated with the measure of low income 
used to count public school children. 
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‘‘(2) COMPLAINT
PROCESS.—Any dispute re-
garding low-income data for private school students 
shall be subject to the complaint process authorized 
in section 5503. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this subpart, and title to materials, 
equipment, and property purchased with such funds, 
shall be in a public agency, and a public agency shall 
administer such funds, materials, equipment, and 
property. 
‘‘(2) PROVISION OF SERVICES.— 
‘‘(A) PROVIDER.—The provision of services 
under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through a contract by such pub-
lic agency with an individual, association, 
agency, or organization. 
‘‘(B) REQUIREMENT.—In the provision of 
such services, such employee, individual, asso-
ciation, agency, or organization shall be inde-
pendent of such private school and of any reli-
gious organization, and such employment or 
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contract shall be under the control and super-
vision of such public agency. 
‘‘(e) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for 
the participation in programs on an equitable basis of eli-
gible children enrolled in private elementary schools and 
secondary schools, or if the Secretary determines that a 
local educational agency has substantially failed or is un-
willing to provide for such participation, as required by 
this section, the Secretary shall— 
‘‘(1) waive the requirements of this section for 
such local educational agency; 
‘‘(2) arrange for the provision of services to 
such children through arrangements that shall be 
subject to the requirements of this section and sec-
tions 5503 and 5504; and 
‘‘(3) in making the determination under this 
subsection, consider one or more factors, including 
the quality, size, scope, and location of the program 
and the opportunity of eligible children to partici-
pate.’’. 
SEC. 121. FISCAL REQUIREMENTS. 
Section 1120A (20 U.S.C. 6321) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; and 
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(2) by striking subsection (a) and redesignating 
subsections (b), (c), and (d) as subsections (a), (b), 
and (c), respectively. 
SEC. 122. COORDINATION REQUIREMENTS. 
Section 1120B (20 U.S.C. 6322) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (a), by striking ‘‘such as the 
Early Reading First program’’; and 
(3) in subsection (b)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, such as the Early Reading First 
program,’’; 
(B) in paragraphs (1) through (3), by 
striking ‘‘such as the Early Reading First pro-
gram’’ each place it appears; 
(C) in paragraph (4), by striking ‘‘Early 
Reading First program staff,’’; and 
(D) in paragraph (5), by striking ‘‘and en-
tities carrying out Early Reading First pro-
grams’’. 
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE 
SECRETARY OF THE INTERIOR. 
Section 1121 (20 U.S.C. 6331) is amended— 
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(1) in subsection (a), by striking ‘‘appropriated 
for payments to States for any fiscal year under sec-
tion 1002(a) and 1125A(f)’’ and inserting ‘‘reserved 
for this chapter under section 1122(a)’’; 
(2) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘the No 
Child Left Behind Act of 2001’’ and inserting 
‘‘the Student Success Act’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘basis,’’ and all that follows through the 
period at the end and inserting ‘‘basis.’’; 
(ii) in subparagraph (C)(ii), by strik-
ing ‘‘challenging State academic content 
standards’’ and inserting ‘‘State academic 
standards’’; and 
(iii) by striking subparagraph (D); 
and 
(3) in subsection (d)(2), by striking ‘‘part’’ and 
inserting ‘‘subpart’’. 
SEC. 124. ALLOCATIONS TO STATES. 
Section 1122 (20 U.S.C. 6332) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) RESERVATION.— 
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‘‘(1) IN GENERAL.—From the amounts appro-
priated under section 3(a)(1), the Secretary shall re-
serve 91.055 percent of such amounts to carry out 
this chapter. 
‘‘(2) ALLOCATION FORMULA.—Of the amount 
reserved under paragraph (1) for each of fiscal years 
2014 to 2019 (referred to in this subsection as the 
current fiscal year)— 
‘‘(A) an amount equal to the amount made 
available to carry out section 1124 for fiscal 
year 2001 shall be used to carry out section 
1124; 
‘‘(B) an amount equal to the amount made 
available to carry out section 1124A for fiscal 
year 2001 shall be used to carry out section 
1124A; and 
‘‘(C) an amount equal to 100 percent of 
the amount, if any, by which the total amount 
made available to carry out this chapter for the 
fiscal year for which the determination is made 
exceeds the total amount available to carry out 
sections 1124 and 1124A for fiscal year 2001 
shall be used to carry out section 1125 and 
1125A and such amount shall be divided equal-
ly between section 1125 and section 1125A.’’; 
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(2) in subsection (b)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’; 
(3) in subsection (c)(3), by striking ‘‘part’’ and 
inserting ‘‘subpart’’; and 
(4) in subsection (d)(1), by striking ‘‘subpart’’ 
and inserting ‘‘chapter’’. 
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES. 
Section 1124 (20 U.S.C. 6333) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (B), by striking 
‘‘subpart’’ and inserting ‘‘chapter’’; and 
(ii) in subparagraph (C)(i), by strik-
ing ‘‘subpart’’ and inserting ‘‘chapter’’; 
and 
(B) in paragraph (4)(C), by striking ‘‘sub-
part’’ each place it appears and inserting 
‘‘chapter’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘sub-
part 1 of part D’’ and inserting ‘‘chapter A of 
subpart 3’’; and 
(B) in paragraph (2), by striking ‘‘part’’ 
and inserting ‘‘subpart’’. 
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SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS 
TO LOCAL EDUCATIONAL AGENCIES IN FIS-
CAL YEARS AFTER FISCAL YEAR 2001. 
Section 1125AA (20 U.S.C. 6336) is amended to 
read as follows: 
‘‘SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED 
GRANTS TO LOCAL EDUCATIONAL AGENCIES 
IN FISCAL YEARS AFTER FISCAL YEAR 2001. 
‘‘Pursuant to section 1122, the total amount allo-
cated in any fiscal year after fiscal year 2001 for programs 
and activities under this subpart shall not exceed the 
amount allocated in fiscal year 2001 for such programs 
and activities unless the amount available for targeted 
grants to local educational agencies under section 1125 
in the applicable fiscal year meets the requirements of sec-
tion 1122(a).’’. 
SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PRO-
GRAM. 
Section 1125A (20 U.S.C. 6337) is amended— 
(1) by striking ‘‘part’’ each place it appears and 
inserting ‘‘subpart’’; 
(2) in subsection (b)(1)— 
(A) in subparagraph (A), by striking ‘‘ap-
propriated pursuant to subsection (f)’’ and in-
serting ‘‘made available for any fiscal year to 
carry out this section’’; and 
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(B) in subparagraph (B)(i), by striking 
‘‘total appropriations’’ and inserting ‘‘the total 
amount reserved under section 1122(a) to carry 
out this section’’; and 
(3) by striking subsections (a), (e), and (f) and 
redesignating subsections (b), (c), (d), and (g) as 
subsections (a), (b), (c), and (d), respectively. 
SEC. 128. CARRYOVER AND WAIVER. 
Section 1127 (20 U.S.C. 6339) is amended by strik-
ing ‘‘subpart’’ each place it appears and inserting ‘‘chap-
ter’’. 
Subtitle C—Additional Aid to 
States and School Districts 
SEC. 131. ADDITIONAL AID. 
(a) IN GENERAL.—Title I (20 U.S.C. 6301 et seq.), 
as amended by the preceding provisions of this Act, is fur-
ther amended— 
(1) by striking parts B through D and F 
through H; and 
(2) by inserting after subpart 1 of part A the 
following: 
‘‘Subpart 2—Education of Migratory Children 
‘‘SEC. 1131. PROGRAM PURPOSES. 
‘‘The purposes of this subpart are as follows: 
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‘‘(1) To assist States in supporting high-quality 
and comprehensive educational programs and serv-
ices during the school year, and as applicable, during 
summer or intercession periods, that address the 
unique educational needs of migratory children. 
‘‘(2) To ensure that migratory children who 
move among the States, not be penalized in any 
manner by disparities among the States in cur-
riculum, graduation requirements, and State aca-
demic standards. 
‘‘(3) To help such children succeed in school, 
meet the State academic standards that all children 
are expected to meet, and graduate from high school 
prepared for postsecondary education and the work-
force without the need for remediation. 
‘‘(4) To help such children overcome edu-
cational disruption, cultural and language barriers, 
social isolation, various health-related problems, and 
other factors that inhibit the ability of such children 
to succeed in school. 
‘‘(5) To help such children benefit from State 
and local systemic reforms. 
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‘‘SEC. 1132. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 2.37 per-
cent to carry out this subpart. 
‘‘(b) GRANTS AWARDED.—From the amounts re-
served under subsection (a) and not reserved under section 
1138(c), the Secretary shall make allotments for the fiscal 
year to State educational agencies, or consortia of such 
agencies, to establish or improve, directly or through local 
operating agencies, programs of education for migratory 
children in accordance with this subpart. 
‘‘SEC. 1133. STATE ALLOCATIONS. 
‘‘(a) STATE ALLOCATIONS.—Except as provided in 
subsection (c), each State (other than the Commonwealth 
of Puerto Rico) is entitled to receive under this subpart 
an amount equal to the product of— 
‘‘(1) the sum of— 
‘‘(A) the average number of identified eligi-
ble full-time equivalent migratory children aged 
3 through 21 residing in the State, based on 
data for the preceding 3 years; and 
‘‘(B) the number of identified eligible mi-
gratory children, aged 3 through 21, who re-
ceived services under this subpart in summer or 
intersession programs provided by the State 
during the previous year; multiplied by 
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‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than 
32 percent, nor more than 48 percent, of the aver-
age per-pupil expenditure in the United States. 
‘‘(b) HOLD HARMLESS.—Notwithstanding subsection 
(a), for each of fiscal years 2014 through 2016, no State 
shall receive less than 90 percent of the State’s allocation 
under this section for the previous year. 
‘‘(c) ALLOCATION TO PUERTO RICO.—For each fiscal 
year, the grant which the Commonwealth of Puerto Rico 
shall be eligible to receive under this subpart shall be the 
amount determined by multiplying the number of children 
who would be counted under subsection (a)(1) if such sub-
section applied to the Commonwealth of Puerto Rico by 
the product of— 
‘‘(1) the percentage that the average per-pupil 
expenditure in the Commonwealth of Puerto Rico is 
of the lowest average per-pupil expenditure of any of 
the 50 States, except that the percentage calculated 
under this subparagraph shall not be less than 85 
percent; and 
‘‘(2) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(d) RATABLE REDUCTIONS; REALLOCATIONS.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) RATABLE REDUCTIONS.—If, after the 
Secretary reserves funds under section 1138(c), 
the amount appropriated to carry out this sub-
part for any fiscal year is insufficient to pay in 
full the amounts for which all States are eligi-
ble, the Secretary shall ratably reduce each 
such amount. 
‘‘(B) REALLOCATION.—If additional funds 
become available for making such payments for 
any fiscal year, the Secretary shall allocate such 
funds to States in amounts that the Secretary 
determines will best carry out the purpose of 
this subpart. 
‘‘(2) SPECIAL RULE.— 
‘‘(A) FURTHER
REDUCTIONS.—The Sec-
retary shall further reduce the amount of any 
grant to a State under this subpart for any fis-
cal year if the Secretary determines, based on 
available information on the numbers and needs 
of migratory children in the State and the pro-
gram proposed by the State to address such 
needs, that such amount exceeds the amount 
required under section 1134. 
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‘‘(B) REALLOCATION.—The Secretary shall 
reallocate such excess funds to other States 
whose grants under this subpart would other-
wise be insufficient to provide an appropriate 
level of services to migratory children, in such 
amounts as the Secretary determines are appro-
priate. 
‘‘(e) CONSORTIUM ARRANGEMENTS.— 
‘‘(1) IN GENERAL.—In the case of a State that 
receives a grant of $1,000,000 or less under this 
section, the Secretary shall consult with the State 
educational agency to determine whether consortium 
arrangements with another State or other appro-
priate entity would result in delivery of services in 
a more effective and efficient manner. 
‘‘(2) PROPOSALS.—Any State, regardless of the 
amount of such State’s allocation, may submit a 
consortium arrangement to the Secretary for ap-
proval. 
‘‘(3) APPROVAL.—The Secretary shall approve 
a consortium arrangement under paragraph (1) or 
(2) if the proposal demonstrates that the arrange-
ment will— 
‘‘(A) reduce administrative costs or pro-
gram function costs for State programs; and 
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‘‘(B) make more funds available for direct 
services to add substantially to the educational 
achievement of children to be served under this 
subpart. 
‘‘(f) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the identified number of 
migratory children residing in each State for purposes of 
this section, the Secretary shall— 
‘‘(1) use the most recent information that most 
accurately reflects the actual number of migratory 
children; 
‘‘(2) develop and implement a procedure for 
monitoring the accuracy of such information; 
‘‘(3) develop and implement a procedure for 
more accurately reflecting cost factors for different 
types of summer and intersession program designs; 
‘‘(4) adjust the full-time equivalent number of 
migratory children who reside in each State to take 
into account— 
‘‘(A) the unique needs of those children 
participating in evidence-based or other effec-
tive special programs provided under this sub-
part that operate during the summer and inter-
session periods; and 
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‘‘(B) the additional costs of operating such 
programs; and 
‘‘(5) conduct an analysis of the options for ad-
justing the formula so as to better direct services to 
migratory children, including the most at-risk migra-
tory children. 
‘‘(g) NONPARTICIPATING STATES.—In the case of a 
State desiring to receive an allocation under this subpart 
for a fiscal year that did not receive an allocation for the 
previous fiscal year or that has been participating for less 
than 3 consecutive years, the Secretary shall calculate the 
State’s number of identified migratory children aged 3 
through 21 for purposes of subsection (a)(1)(A) by using 
the most recent data available that identifies the migra-
tory children residing in the State until data is available 
to calculate the 3-year average number of such children 
in accordance with such subsection. 
‘‘SEC. 1134. STATE APPLICATIONS; SERVICES. 
‘‘(a) APPLICATION REQUIRED.—Any State desiring 
to receive a grant under this subpart for any fiscal year 
shall submit an application to the Secretary at such time 
and in such manner as the Secretary may require. 
‘‘(b) PROGRAM INFORMATION.—Each such applica-
tion shall include— 
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100 
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects as-
sisted under this subpart, the State and its local op-
erating agencies will ensure that the unique edu-
cational needs of migratory children, including pre-
school migratory children, are identified and ad-
dressed through— 
‘‘(A) the full range of services that are 
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams; 
‘‘(B) joint planning among local, State, 
and Federal educational programs serving mi-
gratory children, including language instruction 
educational programs under chapter A of sub-
part 4; and 
‘‘(C) the integration of services available 
under this subpart with services provided by 
those other programs; 
‘‘(2) a description of the steps the State is tak-
ing to provide all migratory students with the oppor-
tunity to meet the same State academic standards 
that all children are expected to meet; 
‘‘(3) a description of how the State will use 
funds received under this subpart to promote inter-
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101 
state and intrastate coordination of services for mi-
gratory children, including how the State will pro-
vide for educational continuity through the timely 
transfer of pertinent school records, including infor-
mation on health, when children move from one 
school to another, whether or not such a move oc-
curs during the regular school year; 
‘‘(4) a description of the State’s priorities for 
the use of funds received under this subpart, and 
how such priorities relate to the State’s assessment 
of needs for services in the State; 
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants the State will 
award to local operating agencies, taking into ac-
count the numbers and needs of migratory children, 
the requirements of subsection (d), and the avail-
ability of funds from other Federal, State, and local 
programs; and 
‘‘(6) a description of how the State will encour-
age programs and projects assisted under this sub-
part to offer family literacy services if the programs 
and projects serve a substantial number of migra-
tory children whose parents do not have a regular 
high school diploma or its recognized equivalent or 
who have low levels of literacy. 
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102 
‘‘(c) ASSURANCES.—Each such application shall also 
include assurances that— 
‘‘(1) funds received under this subpart will be 
used only— 
‘‘(A) for programs and projects, including 
the acquisition of equipment, in accordance 
with section 1136; and 
‘‘(B) to coordinate such programs and 
projects with similar programs and projects 
within the State and in other States, as well as 
with other Federal programs that can benefit 
migratory children and their families; 
‘‘(2) such programs and projects will be carried 
out in a manner consistent with the objectives of 
section 1114, subsections (b) and (d) of section 
1115, subsections (b) and (c) of section 1120A, and 
part C; 
‘‘(3) in the planning and operation of programs 
and projects at both the State and local agency op-
erating level, there is consultation with parents of 
migratory children for programs of not less than one 
school year in duration, and that all such programs 
and projects are carried out— 
‘‘(A) in a manner that provides for the 
same parental involvement as is required for 
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103 
programs and projects under section 1118, un-
less extraordinary circumstances make such 
provision impractical; and 
‘‘(B) in a format and language under-
standable to the parents; 
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education 
needs of preschool migratory children; 
‘‘(5) the effectiveness of such programs and 
projects will be determined, where feasible, using the 
same approaches and standards that will be used to 
assess the performance of students, schools, and 
local educational agencies under subpart 1; 
‘‘(6) to the extent feasible, such programs and 
projects will provide for— 
‘‘(A) advocacy and outreach activities for 
migratory children and their families, including 
informing such children and families of, or 
helping such children and families gain access 
to, other education, health, nutrition, and social 
services; 
‘‘(B) professional development programs, 
including mentoring, for teachers and other 
program personnel; 
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104 
‘‘(C) high-quality, evidence-based family 
literacy programs; 
‘‘(D) the integration of information tech-
nology into educational and related programs; 
and 
‘‘(E) programs to facilitate the transition 
of secondary school students to postsecondary 
education or employment without the need for 
remediation; and 
‘‘(7) the State will assist the Secretary in deter-
mining the number of migratory children under 
paragraph (1) of section 1133(a). 
‘‘(d) PRIORITY FOR SERVICES.—In providing services 
with funds received under this subpart, each recipient of 
such funds shall give priority to migratory children who 
are failing, or most at risk of failing, to meet the State’s 
academic standards under section 1111 (b)(1) . 
‘‘(e) 
CONTINUATION
OF
SERVICES.—Notwith-
standing any other provision of this subpart— 
‘‘(1) a child who ceases to be a migratory child 
during a school term shall be eligible for services 
until the end of such term; 
‘‘(2) a child who is no longer a migratory child 
may continue to receive services for one additional 
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105 
school year, but only if comparable services are not 
available through other programs; and 
‘‘(3) secondary school students who were eligi-
ble for services in secondary school may continue to 
be served through credit accrual programs until 
graduation. 
‘‘SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW. 
‘‘The Secretary shall approve each State application 
that meets the requirements of this subpart, and may re-
view any such application using a peer review process. 
‘‘SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND 
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES. 
‘‘(a) COMPREHENSIVE PLAN.— 
‘‘(1) IN GENERAL.—Each State that receives 
assistance under this subpart shall ensure that the 
State and its local operating agencies identify and 
address the unique educational needs of migratory 
children in accordance with a comprehensive State 
plan that— 
‘‘(A) is integrated with other programs 
under this Act or other Acts, as appropriate; 
‘‘(B) may be submitted as a part of a con-
solidated application under section 5302, if— 
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106 
‘‘(i) the unique needs of migratory 
children are specifically addressed in the 
comprehensive State plan; 
‘‘(ii) the comprehensive State plan is 
developed in collaboration with parents of 
migratory children; and 
‘‘(iii) the comprehensive State plan is 
not used to supplant State efforts regard-
ing, or administrative funding for, this 
subpart; 
‘‘(C) provides that migratory children will 
have an opportunity to meet the same State 
academic standards under section 1111(b)(1) 
that all children are expected to meet; 
‘‘(D) specifies measurable program goals 
and outcomes; 
‘‘(E) encompasses the full range of services 
that are available for migratory children from 
appropriate local, State, and Federal edu-
cational programs; 
‘‘(F) is the product of joint planning 
among such local, State, and Federal programs, 
including programs under subpart 1, early 
childhood programs, and language instruction 
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107 
educational programs under chapter A of sub-
part 4; and 
‘‘(G) provides for the integration of serv-
ices available under this subpart with services 
provided by such other programs. 
‘‘(2) DURATION
OF
THE
PLAN.—Each such 
comprehensive State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
subpart. 
‘‘(b) AUTHORIZED ACTIVITIES.— 
‘‘(1) FLEXIBILITY.—In implementing the com-
prehensive plan described in subsection (a), each 
State educational agency, where applicable through 
its local educational agencies, shall have the flexi-
bility to determine the activities to be provided with 
funds made available under this subpart, except that 
such funds first shall be used to meet the identified 
needs of migratory children that result from their 
migratory lifestyle, and to permit these children to 
participate effectively in school. 
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108 
‘‘(2) UNADDRESSED NEEDS.—Funds provided 
under this subpart shall be used to address the 
needs of migratory children that are not addressed 
by services available from other Federal or non-Fed-
eral programs, except that migratory children who 
are eligible to receive services under subpart 1 may 
receive those services through funds provided under 
that subpart, or through funds under this subpart 
that remain after the agency addresses the needs de-
scribed in paragraph (1). 
‘‘(3) CONSTRUCTION.—Nothing in this subpart 
shall be construed to prohibit a local educational 
agency from serving migratory children simulta-
neously with students with similar educational needs 
in the same educational settings, where appropriate. 
‘‘SEC. 1137. BYPASS. 
‘‘The Secretary may use all or part of any State’s 
allocation under this subpart to make arrangements with 
any public or private agency to carry out the purpose of 
this subpart in such State if the Secretary determines 
that— 
‘‘(1) the State is unable or unwilling to conduct 
educational programs for migratory children; 
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109 
‘‘(2) such arrangements would result in more 
efficient and economic administration of such pro-
grams; or 
‘‘(3) such arrangements would add substantially 
to the educational achievement of such children. 
‘‘SEC. 1138. COORDINATION OF MIGRATORY EDUCATION 
ACTIVITIES. 
‘‘(a) IMPROVEMENT OF COORDINATION.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, may make grants to, or enter 
into contracts with, State educational agencies, local 
educational agencies, institutions of higher edu-
cation, and other public and private entities to im-
prove the interstate and intrastate coordination 
among such agencies’ educational programs, includ-
ing through the establishment or improvement of 
programs for credit accrual and exchange, available 
to migratory students. 
‘‘(2) DURATION.—Grants or contracts under 
this subsection may be awarded for not more than 
5 years. 
‘‘(b) STUDENT RECORDS.— 
‘‘(1) ASSISTANCE.—The Secretary shall assist 
States in developing and maintaining an effective 
system for the electronic transfer of student records 
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110 
and in determining the number of migratory chil-
dren in each State. 
‘‘(2) INFORMATION SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the States, shall ensure the link-
age of migratory student record systems for the 
purpose of electronically exchanging, among the 
States, health and educational information re-
garding all migratory students. The Secretary 
shall ensure such linkage occurs in a cost-effec-
tive manner, utilizing systems used by the 
States prior to, or developed after, the date of 
enactment of this Act. The Secretary shall de-
termine the minimum data elements that each 
State receiving funds under this subpart shall 
collect and maintain. Such minimum data ele-
ments may include— 
‘‘(i) immunization records and other 
health information; 
‘‘(ii) elementary and secondary aca-
demic history (including partial credit), 
credit accrual, and results from State as-
sessments 
required 
under 
section 
1111(b)(2); 
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111 
‘‘(iii) other academic information es-
sential to ensuring that migratory children 
achieve to the States’s academic standards; 
and 
‘‘(iv) eligibility for services under the 
Individuals with Disabilities Education 
Act. 
‘‘(B) The Secretary shall consult with 
States before updating the data elements that 
each State receiving funds under this subpart 
shall be required to collect for purposes of elec-
tronic transfer of migratory student information 
and the requirements that States shall meet for 
immediate electronic access to such information. 
‘‘(3) NO COST FOR CERTAIN TRANSFERS.—A 
State educational agency or local educational agency 
receiving assistance under this subpart shall make 
student records available to another State edu-
cational agency or local educational agency that re-
quests the records at no cost to the requesting agen-
cy, if the request is made in order to meet the needs 
of a migratory child. 
‘‘(4) REPORT TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than April 
30, 2014, the Secretary shall report to the 
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112 
Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on 
Education and the Workforce of the House of 
Representatives the Secretary’s findings and 
recommendations regarding the maintenance 
and transfer of health and educational informa-
tion for migratory students by the States. 
‘‘(B) REQUIRED
CONTENTS.—The Sec-
retary shall include in such report— 
‘‘(i) a review of the progress of States 
in developing and linking electronic records 
transfer systems; 
‘‘(ii) recommendations for maintaining 
such systems; and 
‘‘(iii) recommendations for improving 
the continuity of services provided for mi-
gratory students. 
‘‘(c) AVAILABILITY OF FUNDS.—The Secretary shall 
reserve not more than $10,000,000 of the amount re-
served under section 1132 to carry out this section for 
each fiscal year. 
‘‘(d) DATA COLLECTION.—The Secretary shall direct 
the National Center for Education Statistics to collect 
data on migratory children. 
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113 
‘‘SEC. 1139. DEFINITIONS. 
‘‘As used in this subpart: 
‘‘(1) LOCAL
OPERATING
AGENCY.—The term 
‘local operating agency’ means— 
‘‘(A) a local educational agency to which a 
State educational agency makes a subgrant 
under this subpart; 
‘‘(B) a public or private agency with which 
a State educational agency or the Secretary 
makes an arrangement to carry out a project 
under this subpart; or 
‘‘(C) a State educational agency, if the 
State educational agency operates the State’s 
migratory education program or projects di-
rectly. 
‘‘(2) MIGRATORY CHILD.—The term ‘migratory 
child’ means a child who is, or whose parent or 
spouse is, a migratory agricultural worker, including 
a migratory dairy worker, or a migratory fisher, and 
who, in the preceding 36 months, in order to obtain, 
or accompany such parent or spouse, in order to ob-
tain, temporary or seasonal employment in agricul-
tural or fishing work— 
‘‘(A) has moved from one school district to 
another; 
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114 
‘‘(B) in a State that is comprised of a sin-
gle school district, has moved from one adminis-
trative area to another within such district; or 
‘‘(C) resides in a school district of more 
than 15,000 square miles, and migrates a dis-
tance of 20 miles or more to a temporary resi-
dence to engage in a fishing activity. 
‘‘Subpart 3—Prevention and Intervention Programs 
for Children and Youth Who Are Neglected, De-
linquent, or At-Risk 
‘‘SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION. 
‘‘(a) PURPOSE.—It is the purpose of this subpart— 
‘‘(1) to improve educational services for chil-
dren and youth in local and State institutions for 
neglected or delinquent children and youth so that 
such children and youth have the opportunity to 
meet the same State academic standards that all 
children in the State are expected to meet; 
‘‘(2) to provide such children and youth with 
the services needed to make a successful transition 
from institutionalization to further schooling or em-
ployment; and 
‘‘(3) to prevent at-risk youth from dropping out 
of school, and to provide dropouts, and children and 
youth returning from correctional facilities or insti-
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115 
tutions for neglected or delinquent children and 
youth, with a support system to ensure their contin-
ued education. 
‘‘(b) PROGRAM AUTHORIZED.—From amounts ap-
propriated under section 3(a)(1), the Secretary shall re-
serve 0.305 of one percent to carry out this subpart. 
‘‘(c) GRANTS AWARDED.—From the amounts re-
served under subsection (b) and not reserved under section 
1004 and section 1159, the Secretary shall make grants 
to State educational agencies that have plans submitted 
under section 1154 approved to enable such agencies to 
award subgrants to State agencies and local educational 
agencies to establish or improve programs of education for 
neglected, delinquent, or at-risk children and youth. 
‘‘SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUB-
PART. 
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation 
amount computed under section 1152, the Secretary shall 
allocate to each State educational agency an amount nec-
essary to make subgrants to State agencies under chapter 
A. 
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, 
for the purpose of carrying out chapter B, funds generated 
throughout the State under subpart 1 of this part based 
on children and youth residing in local correctional facili-
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116 
ties, or attending community day programs for delinquent 
children and youth. 
‘‘CHAPTER A—STATE AGENCY PROGRAMS 
‘‘SEC. 1151. ELIGIBILITY. 
‘‘A State agency is eligible for assistance under this 
chapter if such State agency is responsible for providing 
free public education for children and youth— 
‘‘(1) in institutions for neglected or delinquent 
children and youth; 
‘‘(2) attending community day programs for ne-
glected or delinquent children and youth; or 
‘‘(3) in adult correctional institutions. 
‘‘SEC. 1152. ALLOCATION OF FUNDS. 
‘‘(a) SUBGRANTS TO STATE AGENCIES.— 
‘‘(1) IN
GENERAL.—Each State agency de-
scribed in section 1151 (other than an agency in the 
Commonwealth of Puerto Rico) is eligible to receive 
a subgrant under this chapter, for each fiscal year, 
in an amount equal to the product of— 
‘‘(A) the number of neglected or delinquent 
children and youth described in section 1151 
who— 
‘‘(i) are enrolled for at least 15 hours 
per week in education programs in adult 
correctional institutions; and 
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117 
‘‘(ii) are enrolled for at least 20 hours 
per week— 
‘‘(I) in education programs in in-
stitutions for neglected or delinquent 
children and youth; or 
‘‘(II) in community day programs 
for neglected or delinquent children 
and youth; and 
‘‘(B) 40 percent of the average per-pupil 
expenditure in the State, except that the 
amount determined under this subparagraph 
shall not be less than 32 percent, nor more 
than 48 percent, of the average per-pupil ex-
penditure in the United States. 
‘‘(2) SPECIAL RULE.—The number of neglected 
or delinquent children and youth determined under 
paragraph (1) shall— 
‘‘(A) be determined by the State agency by 
a deadline set by the Secretary, except that no 
State agency shall be required to determine the 
number of such children and youth on a specific 
date set by the Secretary; and 
‘‘(B) be adjusted, as the Secretary deter-
mines is appropriate, to reflect the relative 
length of such agency’s annual programs. 
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118 
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO 
RICO.— 
‘‘(1) IN GENERAL.—For each fiscal year, the 
amount of the subgrant which a State agency in the 
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this chapter shall be the amount deter-
mined by multiplying the number of children count-
ed under subsection (a)(1)(A) for the Common-
wealth of Puerto Rico by the product of— 
‘‘(A) the percentage which the average per- 
pupil expenditure in the Commonwealth of 
Puerto Rico is of the lowest average per-pupil 
expenditure of any of the 50 States; and 
‘‘(B) 32 percent of the average per-pupil 
expenditure in the United States. 
‘‘(2) MINIMUM PERCENTAGE.—The percentage 
in paragraph (1)(A) shall not be less than 85 per-
cent. 
‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFI-
CIENT APPROPRIATIONS.—If the amount reserved for any 
fiscal year for subgrants under subsections (a) and (b) is 
insufficient to pay the full amount for which all State 
agencies are eligible under such subsections, the Secretary 
shall ratably reduce each such amount. 
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119 
‘‘SEC. 1153. STATE REALLOCATION OF FUNDS. 
‘‘If a State educational agency determines that a 
State agency does not need the full amount of the 
subgrant for which such State agency is eligible under this 
chapter for any fiscal year, the State educational agency 
may reallocate the amount that will not be needed to other 
eligible State agencies that need additional funds to carry 
out the purpose of this chapter, in such amounts as the 
State educational agency shall determine. 
‘‘SEC. 1154. STATE PLAN AND STATE AGENCY APPLICA-
TIONS. 
‘‘(a) STATE PLAN.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that desires to receive a grant under this 
chapter shall submit, for approval by the Secretary, 
a plan— 
‘‘(A) for meeting the educational needs of 
neglected, delinquent, and at-risk children and 
youth; 
‘‘(B) for assisting in the transition of chil-
dren and youth from correctional facilities to lo-
cally operated programs; and 
‘‘(C) that is integrated with other pro-
grams under this Act or other Acts, as appro-
priate. 
‘‘(2) CONTENTS.—Each such State plan shall— 
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120 
‘‘(A) describe how the State will assess the 
effectiveness of the program in improving the 
academic, career, and technical skills of chil-
dren in the program; 
‘‘(B) provide that, to the extent feasible, 
such children will have the same opportunities 
to achieve as such children would have if such 
children were in the schools of local educational 
agencies in the State; 
‘‘(C) describe how the State will place a 
priority for such children to obtain a regular 
high school diploma, to the extent feasible; and 
‘‘(D) contain an assurance that the State 
educational agency will— 
‘‘(i) ensure that programs assisted 
under this chapter will be carried out in 
accordance with the State plan described 
in this subsection; 
‘‘(ii) carry out the evaluation require-
ments of section 1171; and 
‘‘(iii) ensure that the State agencies 
receiving subgrants under this chapter 
comply with all applicable statutory and 
regulatory requirements. 
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121 
‘‘(3) DURATION
OF
THE
PLAN.—Each such 
State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this chapter; 
and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
chapter. 
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 
‘‘(1) SECRETARIAL APPROVAL.—The Secretary 
shall approve each State plan that meets the re-
quirements of this chapter. 
‘‘(2) PEER REVIEW.—The Secretary may review 
any State plan with the assistance and advice of in-
dividuals with relevant expertise. 
‘‘(c) STATE AGENCY APPLICATIONS.—Any State 
agency that desires to receive funds to carry out a pro-
gram under this chapter shall submit an application to 
the State educational agency that— 
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to 
assess the educational needs of the children to be 
served under this chapter; 
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122 
‘‘(2) provide an assurance that in making serv-
ices available to children and youth in adult correc-
tional institutions, priority will be given to such chil-
dren and youth who are likely to complete incarcer-
ation within a 2-year period; 
‘‘(3) describes the program, including a budget 
for the first year of the program, with annual up-
dates to be provided to the State educational agency; 
‘‘(4) describes how the program will meet the 
goals and objectives of the State plan; 
‘‘(5) describes how the State agency will consult 
with experts and provide the necessary training for 
appropriate staff, to ensure that the planning and 
operation of institution-wide projects under section 
1156 are of high quality; 
‘‘(6) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under title I of Public Law 
105–220, career and technical education programs, 
State and local dropout prevention programs, and 
special education programs; 
‘‘(7) describes how the State agency will en-
courage correctional facilities receiving funds under 
this chapter to coordinate with local educational 
agencies or alternative education programs attended 
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by incarcerated children and youth prior to and after 
their incarceration to ensure that student assess-
ments and appropriate academic records are shared 
jointly between the correctional facility and the local 
educational agency or alternative education program; 
‘‘(8) describes how appropriate professional de-
velopment will be provided to teachers and other 
staff; 
‘‘(9) designates an individual in each affected 
correctional facility or institution for neglected or 
delinquent children and youth to be responsible for 
issues relating to the transition of such children and 
youth from such facility or institution to locally op-
erated programs; 
‘‘(10) describes how the State agency will en-
deavor to coordinate with businesses for training and 
mentoring for participating children and youth; 
‘‘(11) provides an assurance that the State 
agency will assist in locating alternative programs 
through which students can continue their education 
if the students are not returning to school after leav-
ing the correctional facility or institution for ne-
glected or delinquent children and youth; 
‘‘(12) provides assurances that the State agency 
will work with parents to secure parents’ assistance 
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in improving the educational achievement of their 
children and youth, and preventing their children’s 
and youth’s further involvement in delinquent activi-
ties; 
‘‘(13) provides an assurance that the State 
agency will work with children and youth with dis-
abilities in order to meet an existing individualized 
education program and an assurance that the agen-
cy will notify the child’s or youth’s local school if the 
child or youth— 
‘‘(A) is identified as in need of special edu-
cation services while the child or youth is in the 
correctional facility or institution for neglected 
or delinquent children and youth; and 
‘‘(B) intends to return to the local school; 
‘‘(14) provides an assurance that the State 
agency will work with children and youth who 
dropped out of school before entering the correc-
tional facility or institution for neglected or delin-
quent children and youth to encourage the children 
and youth to reenter school and obtain a regular 
high school diploma once the term of the incarcer-
ation is completed, or provide the child or youth with 
the skills necessary to gain employment, continue 
the education of the child or youth, or obtain a reg-
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136 
the educational achievement of their children, assist 
in dropout prevention activities, and prevent the in-
volvement of their children in delinquent activities; 
‘‘(9) a description of how the program under 
this chapter will be coordinated with other Federal, 
State, and local programs, such as programs under 
title I of Public Law 105–220 and career and tech-
nical education programs serving at-risk children 
and youth; 
‘‘(10) a description of how the program will be 
coordinated with programs operated under the Juve-
nile Justice and Delinquency Prevention Act of 1974 
and other comparable programs, if applicable; 
‘‘(11) as appropriate, a description of how 
schools will work with probation officers to assist in 
meeting the needs of children and youth returning 
from correctional facilities; 
‘‘(12) a description of the efforts participating 
schools will make to ensure correctional facilities 
working with children and youth are aware of a 
child’s or youth’s existing individualized education 
program; and 
‘‘(13) as appropriate, a description of the steps 
participating schools will take to find alternative 
placements for children and youth interested in con-
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184 
‘‘(A) for fiscal year 2014, 75 percent of 
the amount such agency received for fiscal year 
2013; 
‘‘(B) for fiscal year 2015, 50 percent of 
the amount such agency received for fiscal year 
2013; and 
‘‘(C) for fiscal year 2016, 25 percent of 
the amount such agency received for fiscal year 
2013. 
‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu-
cational agency that receives a grant under this chapter 
for a fiscal year is not eligible to receive funds for such 
fiscal year under chapter B. 
‘‘CHAPTER B—RURAL AND LOW-INCOME 
SCHOOL PROGRAM 
‘‘SEC. 1235. PROGRAM AUTHORIZED. 
‘‘(a) GRANTS TO STATES.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 3(a)(1) for a fiscal year, the 
Secretary shall reserve 0.54 of one percent for this 
chapter for a fiscal year that are not reserved under 
subsection (c) to award grants (from allotments 
made under paragraph (2)) for the fiscal year to 
State educational agencies that have applications 
submitted under section 1237 approved to enable the 
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