167 
‘‘(3) describe how the eligible entity will promote 
parent and community engagement in the education 
of English learners; 
‘‘(4) contain an assurance that the eligible entity 
consulted with teachers, researchers, school adminis-
trators, parents and community members, public or 
private organizations, and institutions of higher edu-
cation, in developing and implementing such plan; 
‘‘(5) describe how language instruction edu-
cational programs carried out under the subgrant will 
ensure that English learners being served by the pro-
grams develop English language proficiency; and 
‘‘(6) contain assurances that— 
‘‘(A) each local educational agency that is 
included in the eligible entity is complying with 
section 1112(g) prior to, and throughout, each 
school year; and 
‘‘(B) the eligible entity is not in violation 
of any State law, including State constitutional 
law, regarding the education of English learners, 
consistent with sections 1205 and 1206. 
‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible en-
tity receiving a subgrant under section 1193 shall include 
in its plan a certification that all teachers in any language 
instruction educational program for English learners that 
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is, or will be, funded under this subpart are fluent in 
English and any other language used for instruction, in-
cluding having written and oral communications skills. 
‘‘CHAPTER B—ADMINISTRATION 
‘‘SEC. 1201. REPORTING. 
‘‘(a) IN GENERAL.—Each eligible entity that receives 
a subgrant from a State educational agency under chapter 
A shall provide such agency, at the conclusion of every sec-
ond fiscal year during which the subgrant is received, with 
a report, in a form prescribed by the agency, on the activi-
ties conducted and students served under this subpart that 
includes— 
‘‘(1) a description of the programs and activities 
conducted by the entity with funds received under 
chapter A during the two immediately preceding fis-
cal years, including how such programs and activities 
supplemented programs funded primarily with State 
or local funds; 
‘‘(2) a description of the progress made by 
English learners in learning the English language 
and in meeting State academic standards; 
‘‘(3) the number and percentage of English 
learners in the programs and activities attaining 
English language proficiency based on the State 
English language proficiency standards established 
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under section 1111(b)(1)(E) by the end of each school 
year, as determined by the State’s English language 
proficiency assessment under section 1111(b)(2)(D); 
‘‘(4) the number of English learners who exit the 
language instruction educational programs based on 
their attainment of English language proficiency and 
transitioned to classrooms not tailored for English 
learners; 
‘‘(5) a description of the progress made by 
English learners in meeting the State academic 
standards for each of the 2 years after such children 
are no longer receiving services under this subpart; 
‘‘(6) the number and percentage of English 
learners who have not attained English language pro-
ficiency within five years of initial classification as 
an English learner and first enrollment in the local 
educational agency; and 
‘‘(7) any such other information as the State 
educational agency may require. 
‘‘(b) USE OF REPORT.—A report provided by an eligi-
ble entity under subsection (a) shall be used by the entity 
and the State educational agency— 
‘‘(1) to determine the effectiveness of programs 
and activities in assisting children who are English 
learners— 
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‘‘(A) to attain English language pro-
ficiency; and 
‘‘(B) to make progress in meeting State aca-
demic standards under section 1111(b)(1); and 
‘‘(2) upon determining the effectiveness of pro-
grams and activities based on the criteria in para-
graph (1), to decide how to improve programs. 
‘‘SEC. 1202. ANNUAL REPORT. 
‘‘(a) STATES.—Based upon the reports provided to a 
State educational agency under section 1201, each such 
agency that receives a grant under this subpart shall pre-
pare and submit annually to the Secretary a report on pro-
grams and activities carried out by the State educational 
agency under this subpart and the effectiveness of such pro-
grams and activities in improving the education provided 
to English learners. 
‘‘(b) SECRETARY.—Annually, the Secretary shall pre-
pare and submit to the Committee on Education and the 
Workforce of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate a report— 
‘‘(1) on programs and activities carried out to 
serve English learners under this subpart, and the ef-
fectiveness of such programs and activities in improv-
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ing the academic achievement and English language 
proficiency of English learners; 
‘‘(2) on the types of language instruction edu-
cational programs used by local educational agencies 
or eligible entities receiving funding under this sub-
part to teach English learners; 
‘‘(3) containing a critical synthesis of data re-
ported by eligible entities to States under section 
1201(a); 
‘‘(4) containing a description of technical assist-
ance and other assistance provided by State edu-
cational agencies under section 1191(b)(2)(C); 
‘‘(5) containing an estimate of the number of ef-
fective teachers working in language instruction edu-
cational programs and educating English learners, 
and an estimate of the number of such teachers that 
will be needed for the succeeding 5 fiscal years; 
‘‘(6) containing the number of programs or ac-
tivities, if any, that were terminated because the enti-
ties carrying out the programs or activities were not 
able to reach program goals; 
‘‘(7) containing the number of English learners 
served by eligible entities receiving funding under this 
subpart who were transitioned out of language in-
struction educational programs funded under this 
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subpart into classrooms where instruction is not tai-
lored for English learners; and 
‘‘(8) containing other information gathered from 
other reports submitted to the Secretary under this 
subpart when applicable. 
‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 
‘‘In order to maximize Federal efforts aimed at serving 
the educational needs of English learners, the Secretary 
shall coordinate and ensure close cooperation with other en-
tities carrying out programs serving language-minority 
and English learners that are administered by the Depart-
ment and other agencies. 
‘‘SEC. 1204. RULES OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed— 
‘‘(1) to prohibit a local educational agency from 
serving English learners simultaneously with children 
with similar educational needs, in the same edu-
cational settings where appropriate; 
‘‘(2) to require a State or a local educational 
agency to establish, continue, or eliminate any par-
ticular type of instructional program for English 
learners; or 
‘‘(3) to limit the preservation or use of Native 
American languages. 
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‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 
‘‘Nothing in this subpart shall be construed to negate 
or supersede State law, or the legal authority under State 
law of any State agency, State entity, or State public offi-
cial, over programs that are under the jurisdiction of the 
State agency, entity, or official. 
‘‘SEC. 1206. CIVIL RIGHTS. 
‘‘Nothing in this subpart shall be construed in a man-
ner inconsistent with any Federal law guaranteeing a civil 
right. 
‘‘SEC. 1207. PROHIBITION. 
‘‘In carrying out this subpart, the Secretary shall nei-
ther mandate nor preclude the use of a particular cur-
ricular or pedagogical approach to educating English 
learners. 
‘‘SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUER-
TO RICO. 
‘‘Notwithstanding any other provision of this subpart, 
programs authorized under this subpart that serve Native 
American (including Native American Pacific Islander) 
children and children in the Commonwealth of Puerto Rico 
may include programs of instruction, teacher training, cur-
riculum development, evaluation, and assessment designed 
for Native American children learning and studying Native 
American languages and children of limited Spanish pro-
ficiency, except that an outcome of programs serving such 
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children shall be increased English proficiency among such 
children. 
‘‘CHAPTER C—NATIONAL ACTIVITIES 
‘‘SEC. 
1211. 
NATIONAL 
PROFESSIONAL 
DEVELOPMENT 
PROJECT. 
‘‘The Secretary shall use funds made available under 
section 1191(c)(1)(B) to award grants on a competitive 
basis, for a period of not more than 5 years, to institutions 
of higher education or public or private organizations with 
relevant experience and capacity (in consortia with State 
educational agencies or local educational agencies) to pro-
vide for professional development activities that will im-
prove classroom instruction for English learners and assist 
educational personnel working with such children to meet 
high professional standards, including standards for certifi-
cation and licensure as teachers who work in language in-
struction educational programs or serve English learners. 
Grants awarded under this subsection may be used— 
‘‘(1) for preservice, evidence-based professional 
development programs that will assist local schools 
and institutions of higher education to upgrade the 
qualifications and skills of educational personnel who 
are not certified or licensed, especially educational 
paraprofessionals; 
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‘‘(2) for the development of curricula or other in-
structional strategies appropriate to the needs of the 
consortia participants involved; 
‘‘(3) to support strategies that strengthen and in-
crease parent and community member engagement in 
the education of English learners; and 
‘‘(4) to share and disseminate evidence-based 
practices in the instruction of English learners and in 
increasing their student achievement. 
‘‘CHAPTER D—GENERAL PROVISIONS 
‘‘SEC. 1221. DEFINITIONS. 
‘‘Except as otherwise provided, in this subpart: 
‘‘(1) CHILD.—The term ‘child’ means any indi-
vidual aged 3 through 21. 
‘‘(2) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘community-based organization’ means a private 
nonprofit organization of demonstrated effectiveness, 
Indian tribe, or tribally sanctioned educational au-
thority, that is representative of a community or sig-
nificant segments of a community and that provides 
educational or related services to individuals in the 
community. Such term includes a Native Hawaiian 
or Native American Pacific Islander native language 
educational organization. 
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176 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) one or more local educational agencies; 
or 
‘‘(B) one or more local educational agencies, 
in consortia (or collaboration) with an institu-
tion of higher education, community-based orga-
nization, or State educational agency. 
‘‘(4) IMMIGRANT
CHILDREN
AND
YOUTH.—The 
term ‘immigrant children and youth’ means individ-
uals who— 
‘‘(A) are age 3 through 21; 
‘‘(B) were not born in any State; and 
‘‘(C) have not been attending one or more 
schools in any one or more States for more than 
3 full academic years. 
‘‘(5) INDIAN
TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Native vil-
lage or Regional Corporation or Village Corporation 
as defined in or established pursuant to the Alaska 
Native Claims Settlement Act, that is recognized as 
eligible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
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‘‘(6) LANGUAGE
INSTRUCTION
EDUCATIONAL 
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instruction course— 
‘‘(A) in which an English learner is placed 
for the purpose of developing and attaining 
English language proficiency, while meeting 
State academic standards, as required by section 
1111(b)(1); and 
‘‘(B) that may make instructional use of 
both English and a child’s native language to en-
able the child to develop and attain English lan-
guage proficiency, and may include the partici-
pation of English language proficient children if 
such course is designed to enable all partici-
pating children to become proficient in English 
and a second language. 
‘‘(7) NATIVE LANGUAGE.—The term ‘native lan-
guage’, when used with reference to English learner, 
means— 
‘‘(A) the language normally used by such 
individual; or 
‘‘(B) in the case of a child or youth, the lan-
guage normally used by the parents of the child 
or youth. 
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178 
‘‘(8) 
PARAPROFESSIONAL.—The 
term 
‘para-
professional’ means an individual who is employed in 
a preschool, elementary school, or secondary school 
under the supervision of a certified or licensed teach-
er, including individuals employed in language in-
struction educational programs, special education, 
and migratory education. 
‘‘(9) STATE.—The term ‘State’ means each of the 
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
‘‘SEC. 1222. NATIONAL CLEARINGHOUSE. 
‘‘The Secretary shall establish and support the oper-
ation of a National Clearinghouse for English Language 
Acquisition and Language Instruction Educational Pro-
grams, which shall collect, analyze, synthesize, and dissemi-
nate information about language instruction educational 
programs for English learners, and related programs. The 
National Clearinghouse shall— 
‘‘(1) be administered as an adjunct clearinghouse 
of the Educational Resources Information Center 
Clearinghouses system supported by the Institute of 
Education Sciences; 
‘‘(2) coordinate activities with Federal data and 
information clearinghouses and entities operating 
Federal dissemination networks and systems; 
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179 
‘‘(3) develop a system for improving the oper-
ation and effectiveness of federally funded language 
instruction educational programs; and 
‘‘(4) collect and disseminate information on— 
‘‘(A) educational research and processes re-
lated to the education of English learners; and 
‘‘(B) accountability systems that monitor 
the academic progress of English learners in lan-
guage instruction educational programs, includ-
ing information on academic content and 
English language proficiency assessments for 
language instruction educational programs; and 
‘‘(5) publish, on an annual basis, a list of grant 
recipients under this subpart. 
‘‘SEC. 1223. REGULATIONS. 
‘‘In developing regulations under this subpart, the Sec-
retary shall consult with State educational agencies and 
local educational agencies, organizations representing 
English learners, and organizations representing teachers 
and other personnel involved in the education of English 
learners. 
‘‘Subpart 5—Rural Education Achievement Program 
‘‘SEC. 1230. PURPOSE. 
‘‘It is the purpose of this subpart to address the unique 
needs of rural school districts that frequently— 
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‘‘(1) lack the personnel and resources needed to 
compete effectively for Federal competitive grants; 
and 
‘‘(2) receive 
formula 
grant 
allocations 
in 
amounts too small to be effective in meeting their in-
tended purposes. 
‘‘CHAPTER A—SMALL, RURAL SCHOOL 
ACHIEVEMENT PROGRAM 
‘‘SEC. 1231. GRANT PROGRAM AUTHORIZED. 
‘‘(a) IN
GENERAL.—From amounts appropriated 
under section 3(a)(1) for a fiscal year, the Secretary shall 
reserve 0.54 of one percent to award grants to eligible local 
educational agencies to enable the local educational agencies 
to carry out activities authorized under any of the following 
provisions: 
‘‘(1) Part A of title I. 
‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant under 
subsection (a) to a local educational agency eligible 
under subsection (d) for a fiscal year in an amount 
equal to the initial amount determined under para-
graph (2) for the fiscal year minus the total amount 
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received by the agency in subpart 2 of part A of title 
II for the preceding fiscal year. 
‘‘(2) DETERMINATION OF INITIAL AMOUNT.—The 
initial amount referred to in paragraph (1) is equal 
to $100 multiplied by the total number of students in 
excess of 50 students, in average daily attendance at 
the schools served by the local educational agency, 
plus $20,000, except that the initial amount may not 
exceed $60,000. 
‘‘(3) RATABLE ADJUSTMENT.— 
‘‘(A) IN
GENERAL.—If the amount made 
available to carry out this section for any fiscal 
year is not sufficient to pay in full the amounts 
that local educational agencies are eligible to re-
ceive under paragraph (1) for such year, the Sec-
retary shall ratably reduce such amounts for 
such year. 
‘‘(B) ADDITIONAL AMOUNTS.—If additional 
funds become available for making payments 
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph (A) 
shall be increased on the same basis as such pay-
ments were reduced. 
‘‘(c) DISBURSEMENT.—The Secretary shall disburse 
the funds awarded to a local educational agency under this 
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section for a fiscal year not later than July 1 of that fiscal 
year. 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if— 
‘‘(A)(i)(I) the total number of students in 
average daily attendance at all of the schools 
served by the local educational agency is fewer 
than 600; or 
‘‘(II) each county in which a school served 
by the local educational agency is located has a 
total population density of fewer than 10 persons 
per square mile; and 
‘‘(ii) all of the schools served by the local 
educational agency are designated with a school 
locale code of 41, 42, or 43, as determined by the 
Secretary; or 
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Secretary, 
in accordance with paragraph (2), grants the 
local educational agency’s request to waive the 
criteria described in subparagraph (A)(ii). 
‘‘(2) CERTIFICATION.—The Secretary shall deter-
mine whether to waive the criteria described in para-
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graph (1)(A)(ii) based on a demonstration by the 
local educational agency, and concurrence by the 
State educational agency, that the local educational 
agency is located in an area defined as rural by a 
governmental agency of the State. 
‘‘(3) HOLD HARMLESS.—For a local educational 
agency that is not eligible under this chapter but met 
the eligibility requirements under this subsection as it 
was in effect prior to the date of the enactment of the 
Student Success Act, the agency shall receive— 
‘‘(A) for fiscal year 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 educational 
agency that receives a grant under this chapter for a fiscal 
year is not eligible to receive funds for such fiscal year 
under chapter B. 
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‘‘CHAPTER B—RURAL AND LOW-INCOME 
SCHOOL PROGRAM 
‘‘SEC. 1235. PROGRAM AUTHORIZED. 
‘‘(a) GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—From amounts appropriated 
under section 3(a)(1) for a fiscal year, the Secretary 
shall reserve 0.54 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 sec-
tion 1237 approved to enable the State educational 
agencies to award grants to eligible local educational 
agencies for local authorized activities described in 
section 1236(a). 
‘‘(2) ALLOTMENT.—From amounts described in 
paragraph (1) for a fiscal year, the Secretary shall 
allot to each State educational agency for that fiscal 
year an amount that bears the same ratio to those 
amounts as the number of students in average daily 
attendance served by eligible local educational agen-
cies in the State for that fiscal year bears to the num-
ber of all such students served by eligible local edu-
cational agencies in all States for that fiscal year. 
‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 
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‘‘(A) ELIGIBILITY AND APPLICATION.—If a 
State educational agency elects not to participate 
in the program under this subpart or does not 
have an application submitted under section 
1237 approved, a specially qualified agency in 
such State desiring a grant under this subpart 
may submit an application under such section 
directly to the Secretary to receive an award 
under this subpart. 
‘‘(B) DIRECT AWARDS.—The Secretary may 
award, on a competitive basis or by formula, the 
amount the State educational agency is eligible 
to receive under paragraph (2) directly to a spe-
cially qualified agency in the State that has sub-
mitted an application in accordance with sub-
paragraph (A) and obtained approval of the ap-
plication. 
‘‘(C) SPECIALLY
QUALIFIED
AGENCY
DE-
FINED.—In this subpart, the term ‘specially 
qualified agency’ means an eligible local edu-
cational agency served by a State educational 
agency that does not participate in a program 
under this subpart in a fiscal year, that may 
apply directly to the Secretary for a grant in 
such year under this subsection. 
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‘‘(b) LOCAL AWARDS.— 
‘‘(1) ELIGIBILITY.—A local educational agency 
shall be eligible to receive a grant under this subpart 
if— 
‘‘(A) 20 percent or more of the children ages 
5 through 17 years served by the local edu-
cational agency are from families with incomes 
below the poverty line; and 
‘‘(B) all of the schools served by the agency 
are designated with a school locale code of 32, 
33, 41, 42, 43, as determined by the Secretary. 
‘‘(2) AWARD BASIS.—A State educational agency 
shall award grants to eligible local educational agen-
cies— 
‘‘(A) on a competitive basis; 
‘‘(B) according to a formula based on the 
number of students in average daily attendance 
served by the eligible local educational agencies 
or schools in the State; or 
‘‘(C) according to an alternative formula, if, 
prior to awarding the grants, the State edu-
cational agency demonstrates, to the satisfaction 
of the Secretary, that the alternative formula en-
ables the State educational agency to allot the 
grant funds in a manner that serves equal or 
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greater concentrations of children from families 
with incomes below the poverty line, relative to 
the concentrations that would be served if the 
State educational agency used the formula de-
scribed in subparagraph (B). 
‘‘(c) RESERVATIONS.—From amounts reserved under 
section 1235(a)(1) for this chapter for a fiscal year, the Sec-
retary shall reserve— 
‘‘(1) one-half of 1 percent to make awards to ele-
mentary schools or secondary schools operated or sup-
ported by the Bureau of Indian Education, to carry 
out the activities authorized under this chapter; and 
‘‘(2) one-half of 1 percent to make awards to the 
outlying areas in accordance with their respective 
needs, to carry out the activities authorized under this 
chapter. 
‘‘SEC. 1236. USES OF FUNDS. 
‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 
educational agencies under this chapter shall be used for 
activities authorized under any of the following: 
‘‘(1) Part A of title I. 
‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ADMINISTRATIVE COSTS.—A State educational 
agency receiving a grant under this chapter may not use 
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more than 5 percent of the amount of the grant for State 
administrative costs and to provide technical assistance to 
eligible local educational agencies. 
‘‘SEC. 1237. APPLICATIONS. 
‘‘(a) IN GENERAL.—Each State educational agency or 
specially qualified agency desiring to receive a grant under 
this chapter shall submit an application to the Secretary 
at such time and in such manner as the Secretary may 
require. 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include— 
‘‘(1) a description of how the State educational 
agency or specially qualified agency will ensure eligi-
ble local educational agencies receiving a grant under 
this chapter will use such funds to help students meet 
the 
State 
academic 
standards 
under 
section 
1111(b)(1); 
‘‘(2) if the State educational agency or specially 
qualified agency will competitively award grants to 
eligible local educational agencies, as described in sec-
tion 1235(b)(2)(A), the application under the section 
shall include— 
‘‘(A) the methods and criteria the State edu-
cational agency or specially qualified agency 
will use for reviewing applications and award-
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189 
ing funds to local educational agencies on a com-
petitive basis; and 
‘‘(B) how the State educational agency or 
specially qualified agency will notify eligible 
local educational agencies of the grant competi-
tion; and 
‘‘(3) a description of how the State educational 
agency or specially qualified agency will provide tech-
nical assistance to eligible local educational agencies 
to help such agencies implement the activities de-
scribed in section 1236(a). 
‘‘SEC. 1238. ACCOUNTABILITY. 
‘‘Each State educational agency or specially qualified 
agency that receives a grant under this chapter shall pre-
pare and submit an annual report to the Secretary. The 
report shall describe— 
‘‘(1) the methods and criteria the State edu-
cational agency or specially qualified agency used to 
award grants to eligible local educational agencies, 
and to provide assistance to schools, under this chap-
ter; 
‘‘(2) how local educational agencies and schools 
used funds provided under this chapter; and 
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190 
‘‘(3) the degree to which progress has been made 
toward having all students meet the State academic 
standards under section 1111(b)(1). 
‘‘SEC. 1239. CHOICE OF PARTICIPATION. 
‘‘(a) IN GENERAL.—If a local educational agency is 
eligible for funding under chapters A and B of this subpart, 
such local educational agency may receive funds under ei-
ther chapter A or chapter B for a fiscal year, but may not 
receive funds under both chapters. 
‘‘(b) NOTIFICATION.—A local educational agency eligi-
ble for both chapters A and B of this subpart shall notify 
the Secretary and the State educational agency under which 
of such chapters such local educational agency intends to 
receive funds for a fiscal year by a date that is established 
by the Secretary for the notification. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER-
MINATION. 
‘‘(a) CENSUS
DETERMINATION.—Each local edu-
cational agency desiring a grant under section 1231 and 
each local educational agency or specially qualified agency 
desiring a grant under chapter B shall— 
‘‘(1) not later than December 1 of each year, con-
duct a census to determine the number of students in 
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average daily attendance in kindergarten through 
grade 12 at the schools served by the agency; and 
‘‘(2) not later than March 1 of each year, submit 
the number described in paragraph (1) to the Sec-
retary (and to the State educational agency, in the 
case of a local educational agency seeking a grant 
under subpart 2). 
‘‘(b) PENALTY.—If the Secretary determines that a 
local educational agency or specially qualified agency has 
knowingly submitted false information under subsection (a) 
for the purpose of gaining additional funds under section 
1231 or chapter B, then the agency shall be fined an amount 
equal to twice the difference between the amount the agency 
received under this section and the correct amount the agen-
cy would have received under section 1231 or chapter B 
if the agency had submitted accurate information under 
subsection (a). 
‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under chapter A or chapter B 
shall be used to supplement, and not supplant, any other 
Federal, State, or local education funds. 
‘‘SEC. 1243. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to prohibit 
a local educational agency that enters into cooperative ar-
rangements with other local educational agencies for the 
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provision of special, compensatory, or other education serv-
ices, pursuant to State law or a written agreement, from 
entering into similar arrangements for the use, or the co-
ordination of the use, of the funds made available under 
this subpart. 
‘‘Subpart 6—Indian Education 
‘‘SEC. 1251. STATEMENT OF POLICY. 
‘‘It is the policy of the United States to fulfill the Fed-
eral Government’s unique and continuing trust relationship 
with and responsibility to the Indian people for the edu-
cation of Indian children. The Federal Government will 
continue to work with local educational agencies, Indian 
tribes and organizations, postsecondary institutions, and 
other entities toward the goal of ensuring that programs 
that serve Indian children are of the highest quality and 
provide for not only the basic elementary and secondary 
educational needs, but also the unique educational and cul-
turally related academic needs of these children. 
‘‘SEC. 1252. PURPOSE. 
‘‘It is the purpose of this subpart to support the efforts 
of local educational agencies, Indian tribes and organiza-
tions, postsecondary institutions, and other entities— 
‘‘(1) to meet the unique educational and cul-
turally related academic needs of American Indian 
and Alaska Native students, so that such students can 
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193 
meet the State academic standards that all students 
are expected to meet; and 
‘‘(2) to ensure that school leaders, teachers, and 
other staff who serve Indian and Alaska Native stu-
dents have the ability and training to provide appro-
priate instruction to meet the unique academic needs 
of such students. 
‘‘CHAPTER A—FORMULA GRANTS TO 
LOCAL EDUCATIONAL AGENCIES 
‘‘SEC. 1261. PURPOSE. 
‘‘It is the purpose of this chapter to support local edu-
cational agencies in their efforts to reform elementary school 
and secondary school programs that serve Indian students 
in order to ensure that such programs are designed to— 
‘‘(1) meet the unique educational needs of such 
students; and 
‘‘(2) ensure that such students have the oppor-
tunity to meet the State academic standards. 
‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN
GENERAL.—From amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 0.59 of one 
percent to local educational agencies and Indian tribes in 
accordance with this section and section 1263. 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
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194 
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local 
educational agency shall be eligible for a grant under 
this chapter for any fiscal year if the number of In-
dian children eligible under section 1267 who were 
enrolled in the schools of the agency, and to whom the 
agency provided free public education, during the pre-
ceding fiscal year— 
‘‘(A) was at least 10; or 
‘‘(B) constituted not less than 25 percent of 
the total number of individuals enrolled in the 
schools of such agency. 
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or 
Oklahoma, or with respect to any local educational 
agency located on, or in proximity to, an Indian res-
ervation. 
‘‘(c) INDIAN TRIBES.— 
‘‘(1) IN GENERAL.—If a local educational agency 
that is otherwise eligible for a grant under this chap-
ter does not establish a committee under section 
1264(c)(4) for such grant, an Indian tribe or a con-
sortium of such entities that represents not less than 
1⁄3 of the eligible Indian children who are served by 
such local educational agency may apply for such 
grant. 
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‘‘(2) SPECIAL RULE.—The Secretary shall treat 
each Indian tribe or consortium of such entities ap-
plying for a grant pursuant to paragraph (1) as if 
such Indian tribe were a local educational agency for 
purposes of this chapter, except that any such tribe is 
not subject to section 1264(c)(4) or section 1269. 
‘‘(3) ELIGIBILITY.—If more than 1 Indian tribe 
qualifies to apply for a grant under paragraph (1), 
the entity that represents the most eligible Indian 
children who are served by the local educational agen-
cy shall be eligible to receive the grant or the tribes 
may choose to apply in consortium. 
‘‘SEC. 1263. AMOUNT OF GRANTS. 
‘‘(a) AMOUNT OF GRANT AWARDS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall al-
locate to each local educational agency that has an 
approved application under this chapter an amount 
equal to the product of— 
‘‘(A) the number of Indian children who are 
eligible under section 1267 and served by such 
agency; and 
‘‘(B) the greater of— 
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‘‘(i) the average per pupil expenditure 
of the State in which such agency is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) REDUCTION.—The Secretary shall reduce 
the amount of each allocation otherwise determined 
under this section in accordance with subsection (e). 
‘‘(b) MINIMUM GRANT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(e), an entity that is eligible for a grant under section 
1262, and a school that is operated or supported by 
the Bureau of Indian Education that is eligible for a 
grant under subsection (d), that submits an applica-
tion that is approved by the Secretary, shall, subject 
to appropriations, receive a grant under this chapter 
in an amount that is not less than $3,000. 
‘‘(2) CONSORTIA.—Local educational agencies 
may form a consortium with other local educational 
agencies or Indian tribes for the purpose of obtaining 
grants under this chapter. 
‘‘(3) INCREASE.—The Secretary may increase 
the minimum grant under paragraph (1) to not more 
than $4,000 for all grantees if the Secretary deter-
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mines such an increase is necessary to ensure the 
quality of the programs provided. 
‘‘(c) DEFINITION.—For the purpose of this section, the 
term ‘average per pupil expenditure’, used with respect to 
a State, means an amount equal to— 
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the State, 
plus any direct current expenditures by the State for 
the operation of such agencies, without regard to the 
sources of funds from which such local or State ex-
penditures were made, during the second fiscal year 
preceding the fiscal year for which the computation is 
made; divided by 
‘‘(2) the aggregate number of children who were 
included in average daily attendance for whom such 
agencies provided free public education during such 
preceding fiscal year. 
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU-
REAU OF INDIAN EDUCATION.— 
‘‘(1) IN GENERAL.—Subject to subsection (e), in 
addition to the grants awarded under subsection (a), 
the Secretary shall allocate to the Secretary of the In-
terior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
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‘‘(i) the Bureau of Indian Education; 
or 
‘‘(ii) an Indian tribe, or an organiza-
tion controlled or sanctioned by an Indian 
tribal government, for the children of that 
tribe under a contract with, or grant from, 
the Department of the Interior under the 
Indian Self-Determination Act or the Trib-
ally Controlled Schools Act of 1988; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which the school is located; 
or 
‘‘(ii) 80 percent of the average per 
pupil expenditure of all the States. 
‘‘(2) SPECIAL RULE.—Any school described in 
paragraph (1)(A) that wishes to receive an allocation 
under this chapter shall submit an application in ac-
cordance with section 1264, and shall otherwise be 
treated as a local educational agency for the purpose 
of this chapter, except that such school shall not be 
subject to section 1264(c)(4) or section 1269. 
‘‘(e) RATABLE REDUCTIONS.—If the sums reserved for 
any fiscal year under section 1262(a) are insufficient to 
pay in full the amounts determined for local educational 
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agencies under subsection (a)(1) and for the Secretary of 
the Interior under subsection (d), each of those amounts 
shall be ratably reduced. 
‘‘SEC. 1264. APPLICATIONS. 
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this 
chapter shall submit an application to the Secretary at such 
time and in such manner as the Secretary may reasonably 
require. 
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each 
application submitted under subsection (a) shall include a 
description of a comprehensive program for meeting the 
needs of Indian children served by the local educational 
agency, including the language and cultural needs of the 
children, that— 
‘‘(1) describes how the comprehensive program 
will offer programs and activities to meet the cul-
turally related academic needs of American Indian 
and Alaska Native students; 
‘‘(2)(A) is aligned with and supports the State 
and local plans submitted under other provisions of 
this Act; and 
‘‘(B) includes academic standards for such chil-
dren that are based on the State academic standards 
adopted under subpart 1 for all children; 
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‘‘(3) explains how the local educational agency 
will use the funds made available under this chapter 
to supplement other Federal, State, and local pro-
grams, especially programs carried out under subpart 
1, to meet the needs of such students; 
‘‘(4) demonstrates how funds made available 
under this chapter will be used for activities described 
in section 1265; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to ensure 
that— 
‘‘(A) teachers, school leaders, and other 
school professionals who are new to the Indian 
community are prepared to work with Indian 
children; and 
‘‘(B) all teachers who will be involved in 
programs assisted under this chapter have been 
properly trained to carry out such programs; 
and 
‘‘(6) describes how the local educational agen-
cy— 
‘‘(A) will periodically assess the progress of 
all Indian children enrolled in the schools of the 
local educational agency, including Indian chil-
dren who do not participate in programs as-
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sisted under this chapter, in meeting the stand-
ards described in paragraph (2); 
‘‘(B) will provide the results of each assess-
ment referred to in subparagraph (A) to— 
‘‘(i) the committee described in sub-
section (c)(4); and 
‘‘(ii) the community, including Indian 
tribes, whose children are served by the local 
educational agency; and 
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the assess-
ments described in subparagraph (A); and 
‘‘(7) describes the processes the local educational 
agency used to collaborate with Indian tribes in the 
community in the development of the comprehensive 
programs. 
‘‘(c) 
ASSURANCES.—Each 
application 
submitted 
under subsection (a) shall include assurances that— 
‘‘(1) the local educational agency will use funds 
received under this chapter only to supplement the 
funds that, in the absence of the Federal funds made 
available under this chapter, such agency would make 
available for the education of Indian children, and 
not to supplant such funds; 
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202 
‘‘(2) the local educational agency will prepare 
and submit to the Secretary such reports in such form 
as the Secretary may require to— 
‘‘(A) carry out the functions of the Sec-
retary under this chapter; and 
‘‘(B) determine the extent to which activi-
ties carried out with funds provided to the local 
educational agency under this chapter are effec-
tive in improving the educational achievement of 
Indian students served by such agency; 
‘‘(3) the program for which assistance is 
sought— 
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs of 
the American Indian and Alaska Native students 
for whom the local educational agency is pro-
viding an education; 
‘‘(B) will use the best available talents and 
resources, including individuals from the Indian 
community; and 
‘‘(C) was developed by such agency in open 
consultation with parents of Indian children and 
teachers, and, if appropriate, Indian students 
from secondary schools, including through public 
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203 
hearings held by such agency to provide to the 
individuals described in this subparagraph a full 
opportunity to understand the program and to 
offer recommendations regarding the program; 
and 
‘‘(4) the local educational agency developed the 
program with the participation and written approval 
of a committee— 
‘‘(A) that is composed of, and selected by— 
‘‘(i) parents of Indian children in the 
local educational agency’s schools; 
‘‘(ii) teachers in the schools; and 
‘‘(iii) if appropriate, Indian students 
attending secondary schools of the agency; 
‘‘(B) a majority of whose members are par-
ents of Indian children; 
‘‘(C) that has set forth such policies and 
procedures, including policies and procedures re-
lating to the hiring of personnel, as will ensure 
that the program for which assistance is sought 
will be operated and evaluated in consultation 
with, and with the involvement of, parents of the 
children, and representatives of the area, to be 
served; 
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204 
‘‘(D) with respect to an application describ-
ing a schoolwide program in accordance with 
section 1265(c), that has— 
‘‘(i) reviewed in a timely fashion the 
program; and 
‘‘(ii) determined that the program will 
not diminish the availability of culturally 
related activities for American Indian and 
Alaska Native students; and 
‘‘(E) that has adopted reasonable bylaws for 
the conduct of the activities of the committee and 
abides by such bylaws. 
‘‘SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES. 
‘‘(a) GENERAL
REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this chapter 
shall use the grant funds, in a manner consistent with the 
purpose specified in section 1261, for services and activities 
that— 
‘‘(1) are designed to carry out the comprehensive 
program of the local educational agency for Indian 
students, and described in the application of the local 
educational agency submitted to the Secretary under 
section 1264(a); 
‘‘(2) are designed with special regard for the lan-
guage and cultural needs of the Indian students; and 
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205 
‘‘(3) supplement and enrich the regular school 
program of such agency. 
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include— 
‘‘(1) culturally related activities that support the 
program described in the application submitted by 
the local educational agency; 
‘‘(2) early childhood and family programs that 
emphasize school readiness; 
‘‘(3) enrichment programs that focus on problem 
solving and cognitive skills development and directly 
support the attainment of State academic standards; 
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families; 
‘‘(5) programs that help engage parents and 
tribes to meet the unique educational needs of Indian 
children; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Act of 2006; 
‘‘(7) activities to educate individuals concerning 
the prevention of substance abuse, violence, and sui-
cide; 
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206 
‘‘(8) the acquisition of equipment, but only if the 
acquisition of the equipment is essential to achieve the 
purpose described in section 1261; 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency; 
‘‘(10) activities that incorporate American In-
dian and Alaska Native specific curriculum content, 
consistent with State academic standards into the 
curriculum used by the local educational agency; 
‘‘(11) family literacy services; and 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors. 
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 
other provision of law, a local educational agency may use 
funds made available to such agency under this chapter to 
support a schoolwide program under section 1114 if— 
‘‘(1) the committee established pursuant to sec-
tion 1264(c)(4) approves the use of the funds for the 
schoolwide program; and 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 1261. 
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‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
under this chapter for any fiscal year may be used for ad-
ministrative purposes. 
‘‘(e) LIMITATION ON USE OF FUNDS.—Funds provided 
to a grantee under this chapter may not be used for long- 
distance travel expenses for training activities available lo-
cally or regionally. 
‘‘SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this 
chapter may submit a plan to the Secretary for the integra-
tion of education and related services provided to Indian 
students. 
‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing 
grants for the provision of education and related services 
to the entity, shall authorize the entity to consolidate, in 
accordance with such plan, the federally funded education 
and related services programs of the entity and the Federal 
programs, or portions of the programs, serving Indian stu-
dents in a manner that integrates the program services in-
volved into a single, coordinated, comprehensive program 
and reduces administrative costs by consolidating adminis-
trative functions. 
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‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and related 
services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept-
able pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources to 
be consolidated; 
‘‘(2) be consistent with the objectives of this sec-
tion concerning authorizing the services to be inte-
grated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that iden-
tifies the full range of potential educational opportu-
nities and related services to be provided to assist In-
dian students to achieve the objectives set forth in this 
chapter; 
‘‘(4) describe the way in which services are to be 
integrated and delivered and the results expected from 
the plan; 
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209 
‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
‘‘(6) identify the State, tribal, or local agency or 
agencies to be involved in the delivery of the services 
integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for student academic 
achievement consistent with State academic standards 
under section 1111(b)(1); and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 1264(c)(4), if such a committee 
exists. 
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be 
used to implement the plan, and with the entity submitting 
the plan. The parties so consulting shall identify any waiv-
ers of statutory requirements or of Federal departmental 
regulations, policies, or procedures necessary to enable the 
entity to implement the plan. Notwithstanding any other 
provision of law, the Secretary of the affected department 
shall have the authority to waive any regulation, policy, 
or procedure promulgated by that department that has been 
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so identified by the entity or department, unless the Sec-
retary of the affected department determines that such a 
waiver is inconsistent with the objectives of this chapter or 
those provisions of the statute from which the program in-
volved derives authority that are specifically applicable to 
Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval. 
‘‘(g) RESPONSIBILITIES
OF DEPARTMENT
OF EDU-
CATION.—The Secretary of Education, the Secretary of the 
Interior, and the head of any other Federal department or 
agency identified by the Secretary of Education, shall enter 
into an interdepartmental memorandum of agreement pro-
viding for the implementation and coordination of the dem-
onstration projects authorized under this section. The lead 
agency head for a demonstration project under this section 
shall be— 
‘‘(1) the Secretary of the Interior, in the case of 
an entity meeting the definition of a contract or 
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211 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related to 
the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
‘‘(2) the use of a single report format related to 
the projected expenditures for the individual project 
which shall be used by an eligible entity to report on 
all project expenditures; 
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and 
‘‘(4) the provision of technical assistance to an 
eligible entity appropriate to the project, except that 
an eligible entity shall have the authority to accept or 
reject the plan for providing such technical assistance 
and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report format 
shall be developed by the Secretary, consistent with the re-
quirements of this section. Such report format shall require 
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that reports described in subsection (h), together with 
records maintained on the consolidated program at the local 
level, shall contain such information as will allow a deter-
mination that the eligible entity has complied with the re-
quirements incorporated in its approved plan, including 
making a demonstration of student academic achievement, 
and will provide assurances to each Secretary that the eligi-
ble entity has complied with all directly applicable statu-
tory requirements and with those directly applicable regu-
latory requirements that have not been waived. 
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 
the amount of Federal funds available to an eligible entity 
involved in any demonstration project be reduced as a re-
sult of the enactment of this section. 
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 
The Secretary is authorized to take such action as may be 
necessary to provide for an interagency transfer of funds 
otherwise available to an eligible entity in order to further 
the objectives of this section. 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable activi-
ties authorized under such program, except that the 
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eligible entity shall determine the proportion of the 
funds granted that shall be allocated to such program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requiring 
the eligible entity to maintain separate records trac-
ing any services or activities conducted under the ap-
proved plan to the individual programs under which 
funds were authorized for the services or activities, 
nor shall the eligible entity be required to allocate ex-
penditures among such individual programs. 
‘‘(m) OVERAGE.—The eligible entity may commingle 
all administrative funds from the consolidated programs 
and shall be entitled to the full amount of such funds (under 
each program’s or agency’s regulations). The overage (de-
fined as the difference between the amount of the commin-
gled funds and the actual administrative cost of the pro-
grams) shall be considered to be properly spent for Federal 
audit purposes, if the overage is used for the purposes pro-
vided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this sub-
part shall be construed so as to interfere with the ability 
of the Secretary or the lead agency to fulfill the responsibil-
ities for the safeguarding of Federal funds pursuant to 
chapter 75 of title 31, United States Code. 
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214 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM 
INTEGRATION.— 
‘‘(1) IN GENERAL.—The Secretary of Education 
shall annually submit a report to the Committee on 
Health, Education, Labor, and Pensions and the 
Committee on Indian Affairs of the Senate, and the 
Committee on Education and the Workforce and the 
Committee on Natural Resources of the House of Rep-
resentatives on the status of the implementation of the 
demonstration projects authorized under this section. 
‘‘(2) CONTENTS.—Such report shall identify— 
‘‘(A) statutory barriers to the ability of par-
ticipants to more effectively integrate their edu-
cation and related services to Indian students in 
a manner consistent with the objectives of this 
section; and 
‘‘(B) the effective practices for program in-
tegration that result in increased student 
achievement and other relevant outcomes for In-
dian students. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(1) the Secretary of the Interior, in the case of 
an entity meeting the definition of a contract or 
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grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 1267. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this chapter, 
each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that sets 
forth information establishing the status of the child as an 
Indian child eligible for assistance under this chapter, and 
that otherwise meets the requirements of subsection (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of In-
dians (as defined in section 1291) with respect 
to which the child claims membership; 
‘‘(ii) the enrollment number establishing the 
membership of the child (if readily available); 
and 
‘‘(iii) the name and address of the organiza-
tion that maintains updated and accurate mem-
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bership data for such tribe or band of Indians; 
or 
‘‘(B) the name, the enrollment number (if 
readily available), and the name and address of 
the organization responsible for maintaining up-
dated and accurate membership data, of any 
parent or grandparent of the child from whom 
the child claims eligibility under this chapter, if 
the child is not a member of the tribe or band 
of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band of 
Indians (as so defined), with respect to which the 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or legal 
guardian of the child; and 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect a definition contained in 
section 1291. 
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms 
and the standards of proof (including the standard of good 
faith compliance) that were in use during the 1985–1986 
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academic year to establish the eligibility of a child for enti-
tlement under the Indian Elementary and Secondary 
School Assistance Act shall be the forms and standards of 
proof used— 
‘‘(1) to establish eligibility under this chapter; 
and 
‘‘(2) to meet the requirements of subsection (a). 
‘‘(e) DOCUMENTATION.—For purposes of determining 
whether a child is eligible to be counted for the purpose of 
computing the amount of a grant award under section 
1263, the membership of the child, or any parent or grand-
parent of the child, in a tribe or band of Indians (as so 
defined) may be established by proof other than an enroll-
ment number, notwithstanding the availability of an enroll-
ment number for a member of such tribe or band. Nothing 
in subsection (b) shall be construed to require the furnishing 
of an enrollment number. 
‘‘(f) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is necessary 
to carry out the responsibility of the Secretary to 
provide technical assistance under this chapter, 
the Secretary shall conduct a monitoring and 
evaluation review of a sampling of the recipients 
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of grants under this chapter. The sampling con-
ducted under this subparagraph shall take into 
account the size of and the geographic location of 
each local educational agency. 
‘‘(B) 
EXCEPTION.—A 
local 
educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason of 
the findings of an audit that relates to the date 
of completion, or the date of submission, of any 
forms used to establish, before April 28, 1988, the 
eligibility of a child for an entitlement under the 
Indian Elementary and Secondary School As-
sistance Act. 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this chapter shall— 
‘‘(A) be ineligible to apply for any other 
grant under this chapter; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
‘‘(3) EXCLUDED CHILDREN.—A student who pro-
vides false information for the form required under 
subsection (a) shall not be counted for the purpose of 
computing the amount of a grant under section 1263. 
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219 
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not-
withstanding any other provision of this section, in calcu-
lating the amount of a grant under this chapter to a tribal 
school that receives a grant or contract from the Bureau 
of Indian Education, the Secretary shall use only one of 
the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for whom 
the school has eligibility forms that comply with this 
section. 
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de-
termining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this chapter (other than in the case described in sub-
section (g)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs be-
fore the deadline established by the Secretary for sub-
mitting an application under section 1264; and 
‘‘(2) determine that each such child was enrolled, 
and receiving a free public education, in a school of 
the agency on that date or during that period, as the 
case may be. 
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‘‘SEC. 1268. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary shall pay to each local educational agency 
that submits an application that is approved by the Sec-
retary under this chapter the amount determined under sec-
tion 1263. The Secretary shall notify the local educational 
agency of the amount of the payment not later than June 
1 of the year for which the Secretary makes the payment. 
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this 
chapter to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local educational 
agency is located takes into consideration payments made 
under this chapter in determining the eligibility of the local 
educational agency for State aid, or the amount of the State 
aid, with respect to the free public education of children 
during such fiscal year or the preceding fiscal year. 
‘‘(c) REALLOCATIONS.—The Secretary may reallocate, 
in a manner that the Secretary determines will best carry 
out the purpose of this chapter, any amounts that— 
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this chapter; or 
‘‘(2) otherwise become available for reallocation 
under this chapter. 
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‘‘SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 1264, a local educational agency shall submit 
the application to the State educational agency, which may 
comment on such application. If the State educational 
agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments to 
the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘CHAPTER B—SPECIAL PROGRAMS AND 
PROJECTS TO IMPROVE EDUCATIONAL 
OPPORTUNITIES FOR INDIAN CHIL-
DREN 
‘‘SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this sec-
tion to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs to 
improve educational opportunities and achievement of 
Indian children. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this chapter with— 
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‘‘(A) other programs funded under this Act; 
and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children. 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), or a consortium of such 
entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts appropriated 
under section 3(a)(1), the Secretary shall reserve 0.2 
of one percent to award grants to eligible entities to 
enable such entities to carry out activities under this 
section and section 1272. 
‘‘(2) USES OF FUNDS.—An eligible entity that 
receives a grant under this section shall use the funds 
for one or more activities, including— 
‘‘(A) innovative programs related to the 
educational needs of educationally disadvantaged 
children; 
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‘‘(B) educational services that are not avail-
able to such children in sufficient quantity or 
quality, including remedial instruction, to raise 
the achievement of Indian children in one or 
more of the core academic subjects; 
‘‘(C) bilingual and bicultural programs and 
projects; 
‘‘(D) special health and nutrition services, 
and other related activities, that address the spe-
cial health, social, and psychological problems of 
Indian children; 
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or 
reenter school, and to increase the rate of high 
school graduation for Indian children; 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities; 
‘‘(H) partnership projects between local edu-
cational agencies and institutions of higher edu-
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224 
cation that allow secondary school students to 
enroll in courses at the postsecondary level to aid 
such students in the transition from secondary to 
postsecondary education; 
‘‘(I) partnership projects between schools 
and local businesses for career preparation pro-
grams designed to provide Indian youth with the 
knowledge and skills such youth need to make an 
effective transition from school to a high-skill, 
high-wage career; 
‘‘(J) programs designed to encourage and 
assist Indian students to work toward, and gain 
entrance into, an institution of higher education; 
‘‘(K) family literacy services; 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
dian children, and incorporate appropriately 
qualified tribal elders and seniors; or 
‘‘(M) other services that meet the purpose 
described in this section. 
‘‘(3) PROFESSIONAL
DEVELOPMENT.—Evidence 
based professional development of teaching profes-
sionals and paraprofessionals may be a part of any 
program assisted under this section. 
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
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225 
‘‘(1) GRANT REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make multiyear grants under subsection (c) for 
the planning, development, pilot operation, or 
demonstration of any activity described in sub-
section (c) for a period not to exceed 5 years. 
‘‘(B) 
PRIORITY.—In 
making 
multiyear 
grants described in this paragraph, the Secretary 
shall give priority to entities submitting applica-
tions that present a plan for combining two or 
more of the activities described in subsection (c) 
over a period of more than 1 year. 
‘‘(C) PROGRESS.—The Secretary shall make 
a grant payment for a grant described in this 
paragraph to an eligible entity after the initial 
year of the multiyear grant only if the Secretary 
determines that the eligible entity has made sub-
stantial progress in carrying out the activities 
assisted under the grant in accordance with the 
application submitted under paragraph (3) and 
any subsequent modifications to such applica-
tion. 
‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
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226 
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs assisted 
under this section. 
‘‘(B) DETERMINATION.—The Secretary may 
award a dissemination grant described in this 
paragraph if, prior to awarding the grant, the 
Secretary determines that the material or pro-
gram to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—Any eligible entity that 
desires to receive a grant under this section shall 
submit an application to the Secretary at such 
time and in such manner as the Secretary may 
reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph (A), 
other than an application for a dissemination 
grant under paragraph (2), shall contain— 
‘‘(i) a description of how parents of In-
dian children and representatives of Indian 
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227 
tribes have been, and will be, involved in 
developing and implementing the activities 
for which assistance is sought; 
‘‘(ii) assurances that the applicant will 
participate, at the request of the Secretary, 
in any national evaluation of activities as-
sisted under this section; 
‘‘(iii) information demonstrating that 
the proposed program for the activities is 
an evidence-based program, which may in-
clude a program that has been modified to 
be culturally appropriate for students who 
will be served; and 
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities 
into the ongoing school program involved 
once the grant period is over. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this chapter 
for any fiscal year may be used for administrative pur-
poses. 
‘‘SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
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228 
‘‘(1) to increase the number of qualified Indian 
teachers, school leaders, or other education profes-
sionals serving Indian students, including through re-
cruitment strategies; 
‘‘(2) to provide training to qualified Indian in-
dividuals to enable such individuals to become effec-
tive teachers, school leaders, administrators, teacher 
aides, social workers, and ancillary educational per-
sonnel; and 
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in 
paragraph (2). 
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education; 
‘‘(2) a State educational agency or local edu-
cational agency, in consortium with an institution of 
higher education; 
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education; and 
‘‘(4) a Bureau-funded school (as defined in sec-
tion 1146 of the Education Amendments of 1978). 
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants from funds reserved under section 
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229 
1271(c)(1) to eligible entities having applications approved 
under this section to enable those entities to carry out the 
activities described in subsection (d). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used for activities to provide support 
and training for Indian individuals in a manner 
consistent with the purposes of this section. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE
OF
TRAINING.—For education 
personnel, the training received pursuant to a 
grant under this section may be inservice or 
preservice training. 
‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any education-related field 
other than teaching, the training received pursu-
ant to a grant under this section shall be in a 
program that results in a graduate degree. 
‘‘(e) APPLICATION.—Each eligible entity desiring a 
grant under this section shall submit an application to the 
Secretary at such time and in such manner as the Secretary 
may reasonably require. An application shall include how 
the eligible entity will— 
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230 
‘‘(1) recruit qualified Indian individuals, such 
as students who may not be of traditional college age, 
to become teachers or school leaders; 
‘‘(2) use funds made available under the grant to 
support the recruitment, preparation, and profes-
sional development of Indian teachers or school lead-
ers in local educational agencies that serve a high 
proportion of Indian students; and 
‘‘(3) assist participants in meeting the require-
ments under subsection (h). 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
‘‘(2) may not limit eligibility to receive a grant 
under this section on the basis of— 
‘‘(A) the number of previous grants the Sec-
retary has awarded such entity; or 
‘‘(B) the length of any period during which 
such entity received such grants. 
‘‘(g) GRANT PERIOD.—Each grant under this section 
shall be awarded for an initial period of not more than 
three years, and may be renewed for not more than an addi-
tional two years if the Secretary finds that the grantee is 
meeting the grant objectives. 
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‘‘(h) SERVICE OBLIGATION.— 
‘‘(1) IN GENERAL.—The Secretary shall require, 
by regulation, that an individual who receives train-
ing pursuant to a grant made under this section— 
‘‘(A) perform work— 
‘‘(i) related to the training received 
under this section; and 
‘‘(ii) that benefits Indian people; or 
‘‘(B) repay all or a prorated part of the as-
sistance received. 
‘‘(2) REPORTING.—The Secretary shall establish, 
by regulation, a reporting procedure under which a 
grant recipient under this section shall, not later than 
12 months after the date of completion of the train-
ing, and periodically thereafter, provide information 
concerning compliance with the work requirement 
under paragraph (1). 
‘‘CHAPTER C—FEDERAL ADMINISTRATION 
‘‘SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION. 
‘‘(a) MEMBERSHIP.—There is established a National 
Advisory Council on Indian Education (hereafter in this 
section referred to as the ‘Council’), which shall— 
‘‘(1) consist of 15 Indian members, who shall be 
appointed by the President from lists of nominees fur-
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nished, from time to time, by Indian tribes and orga-
nizations; and 
‘‘(2) represent different geographic areas of the 
United States. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) advise the Secretary concerning the funding 
and administration (including the development of 
regulations and administrative policies and practices) 
of any program, including any program established 
under this subpart— 
‘‘(A) with respect to which the Secretary has 
jurisdiction; and 
‘‘(B)(i) that includes Indian children or 
adults as participants; or 
‘‘(ii) that may benefit Indian children or 
adults; 
‘‘(2) make recommendations to the Secretary for 
filling the position of Director of Indian Education 
whenever a vacancy occurs; and 
‘‘(3) submit to Congress, not later than June 30 
of each year, a report on the activities of the Council, 
including— 
‘‘(A) any recommendations that the Council 
considers appropriate for the improvement of 
Federal education programs that include Indian 
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children or adults as participants, or that may 
benefit Indian children or adults; and 
‘‘(B) recommendations concerning the fund-
ing of any program described in subparagraph 
(A). 
‘‘SEC. 1282. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under chapter 
B. 
‘‘SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under chapter B, the Secretary shall 
give a preference to Indian tribes, organizations, and insti-
tutions of higher education under any program with respect 
to which Indian tribes, organizations, and institutions are 
eligible to apply for grants, contracts, or cooperative agree-
ments. 
‘‘SEC. 1284. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under chapter 
B unless the application is for a grant, contract, or coopera-
tive agreement that is— 
‘‘(1) of sufficient size, scope, and quality to 
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and 
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‘‘(2) based on relevant research findings. 
‘‘CHAPTER D—DEFINITIONS 
‘‘SEC. 1291. DEFINITIONS. 
‘‘For the purposes of this subpart: 
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who— 
‘‘(A) has attained the age of 16 years; or 
‘‘(B) has attained an age that is greater 
than the age of compulsory school attendance 
under an applicable State law. 
‘‘(2) ALASKA NATIVE.—The term ‘Alaska Native’ 
has the same meaning as the term ‘Native’ has in sec-
tion 3(b) of the Alaska Native Claims Settlement Act. 
‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free 
public education’ means education that is— 
‘‘(A) provided at public expense, under pub-
lic supervision and direction, and without tui-
tion charge; and 
‘‘(B) provided as elementary or secondary 
education in the applicable State or to preschool 
children. 
‘‘(4) INDIAN.—The term ‘Indian’ means an indi-
vidual who is— 
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‘‘(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
‘‘(i) any tribe or band terminated since 
1940; and 
‘‘(ii) any tribe or band recognized by 
the State in which the tribe or band resides; 
‘‘(B) a descendant, in the first or second de-
gree, of an individual described in subparagraph 
(A); 
‘‘(C) considered by the Secretary of the Inte-
rior to be an Indian for any purpose; 
‘‘(D) an Eskimo, Aleut, or other Alaska Na-
tive; or 
‘‘(E) a member of an organized Indian 
group that received a grant under the Indian 
Education Act of 1988 as in effect the day pre-
ceding the date of enactment of the Improving 
America’s Schools Act of 1994.’’. 
(b) STRIKE.—The Act is amended by striking title VII 
(20 U.S.C. 7401 et seq.). 
Subtitle D—National Assessment 
SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 
et seq.) is redesignated as part B of title I. 
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(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) are repealed. 
(c) REDESIGNATIONS.—Sections 1501 and 1503 (20 
U.S.C. 6491; 6493) are redesignated as sections 1301 and 
1302, respectively. 
(d) AMENDMENTS TO SECTION 1301.—Section 1301 
(20 U.S.C. 6491), as so redesignated, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, acting 
through the Director of the Institute of Edu-
cation Sciences (in this section and section 1302 
referred to as the ‘Director’),’’ after ‘‘The Sec-
retary’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (A), by striking 
‘‘reaching the proficient level’’ and all that 
follows and inserting ‘‘graduating high 
school prepared for postsecondary education 
or the workforce.’’; 
(iii) in subparagraph (B), by striking 
‘‘reach the proficient’’ and all that follows 
and inserting ‘‘meet State academic stand-
ards.’’; 
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(iv) by striking subparagraphs (D) 
and (G) and redesignating subparagraphs 
(E), (F), and (H) through (O) as subpara-
graphs (D) through (M), respectively; 
(v) in subparagraph (D)(v) (as so re-
designated), by striking ‘‘help schools in 
which’’ and all that follows and inserting 
‘‘address disparities in the percentages of ef-
fective teachers teaching in low-income 
schools.’’ 
(vi) in subparagraph (G) (as so redes-
ignated)— 
(I) by striking ‘‘section 1116’’ and 
inserting ‘‘section 1111(b)(3)(B)(iii)’’; 
and 
(II) by striking ‘‘, including the 
following’’ and all that follows and in-
serting a period; 
(vii) in subparagraph (I) (as so redes-
ignated), by striking ‘‘qualifications’’ and 
inserting ‘‘effectiveness’’; 
(viii) in subparagraph (J) (as so redes-
ignated), by striking ‘‘, including funds 
under section 1002,’’; 
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(ix) in subparagraph (L) (as so redes-
ignated), 
by 
striking 
‘‘section 
1111(b)(2)(C)(v)(II)’’ and inserting ‘‘section 
1111(b)(3)(B)(ii)(II)’’; and 
(x) in subparagraph (M) (as so redes-
ignated), by striking ‘‘Secretary’’ and in-
serting ‘‘Director’’; 
(C) in paragraph (3), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(D) in paragraph (4), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(E) in paragraph (5), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(F) in paragraph (6)— 
(i) by striking ‘‘No Child Left Behind 
Act of 2001’’ each place it appears and in-
serting ‘‘Student Success Act’’; and 
(ii) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Director’’; 
(2) in subsection (b), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
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(ii) by striking ‘‘part A’’ and inserting 
‘‘subpart 1 of part A’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (B), by striking 
‘‘challenging academic achievement stand-
ards’’ and inserting ‘‘State academic stand-
ards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that fol-
lows and inserting ‘‘extent to which actions 
authorized under section 1111(b)(3)(B)(iii) 
improve the academic achievement of dis-
advantaged students and low-performing 
schools.’’; and 
(iv) in subparagraph (F), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
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‘‘(C) analyzes varying models or strategies 
for 
delivering 
school 
services, 
including 
schoolwide and targeted services.’’; and 
(4) in subsection (d), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’. 
(e) AMENDMENTS TO SECTION 1302.—Section 1302 
(20 U.S.C. 6493), as so redesignated, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘and for making decisions 
about the promotion and graduation of stu-
dents’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary’’ the first place 
it appears and inserting ‘‘Director’’; 
(B) by striking ‘‘process,’’ and inserting 
‘‘process consistent with section 1206,’’; and 
(C) by striking ‘‘Assistant Secretary of 
Educational Research and Improvement’’ and 
inserting ‘‘Director’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘to the State-defined level of proficiency’’ 
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241 
and inserting ‘‘toward meeting the State 
academic standards’’; and 
(ii) in subparagraph (C), by striking 
‘‘pupil-services’’ and inserting ‘‘specialized 
instructional support services’’; 
(B) in paragraph (3), by striking ‘‘limited 
and nonlimited English proficient students’’ and 
inserting ‘‘English learners’’; and 
(C) in paragraph (6), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(4) in subsection (f)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘authorized to be appro-
priated for this part’’ and inserting ‘‘appro-
priated under section 3(a)(2)’’. 
Subtitle E—Title I General 
Provisions 
SEC. 151. GENERAL PROVISIONS FOR TITLE I. 
Part I of title I (20 U.S.C. 6571 et seq.)— 
(1) is transferred to appear after part B (as re-
designated); and 
(2) is amended to read as follows: 
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‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 1401. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary may, in accordance 
with subsections (b) through (d), issue such regulations as 
are necessary to reasonably ensure there is compliance with 
this title. 
‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 
‘‘(1) IN
GENERAL.—Before publishing in the 
Federal Register proposed regulations to carry out 
this title, the Secretary shall obtain the advice and 
recommendations of representatives of Federal, State, 
and local administrators, parents, teachers, and mem-
bers of local school boards and other organizations in-
volved with the implementation and operation of pro-
grams under this title. 
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 
Such advice and recommendations may be obtained 
through such mechanisms as regional meetings and 
electronic exchanges of information. 
‘‘(3) PROPOSED REGULATIONS.—After obtaining 
such advice and recommendations, and before pub-
lishing proposed regulations, the Secretary shall— 
‘‘(A) establish a negotiated rulemaking 
process; 
‘‘(B) select individuals to participate in 
such process from among individuals or groups 
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‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If a State educational agency re-
sponds to a notification from the Secretary under subsection 
(d)(2) during the 45-day period beginning on the date on 
which the agency received the notification, and resubmits 
the application with the requested information described in 
subsection (d)(2)(B), the Secretary shall approve or dis-
approve such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If a State educational 
agency does not respond to a notification from the Secretary 
under subsection (d)(2) during the 45-day period beginning 
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‘‘(i) cite the specific provisions in the 
application that are not in compliance; and 
‘‘(ii) request additional information, 
only as to the noncompliant provisions, 
needed to make the application compliant. 
‘‘(3) RESPONSE.—If a State educational agency 
responds to a notification from the Secretary under 
paragraph (2)(B) during the 45-day period beginning 
on the date on which the State educational agency re-
ceived the notification, and resubmits the application 
with the requested information described in para-
graph (2)(B)(ii), the Secretary shall approve or dis-
approve such application prior to the later of— 
‘‘(A) the expiration of the 45-day period be-
ginning on the date on which the application is 
resubmitted; or 
‘‘(B) the expiration of the 120-day period 
described in subsection (a). 
‘‘(4) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to a notification 
from the Secretary under paragraph (2)(B) during 
the 45-day period beginning on the date on which the 
State educational agency received the notification, 
such application shall be deemed to be disapproved. 
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