164 
tities 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 
instruction educational programs funded under this 
subpart into classrooms where instruction is not tai-
lored for English learners; and 
‘‘(8) containing other information gathered 
from other reports submitted to the Secretary under 
this subpart when applicable. 
‘‘SEC. 1203. COORDINATION WITH RELATED PROGRAMS. 
‘‘In order to maximize Federal efforts aimed at serv-
ing the educational needs of English learners, the Sec-
retary shall coordinate and ensure close cooperation with 
other entities carrying out programs serving language-mi-
nority and English learners that are administered by the 
Department 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 chil-
dren with similar educational needs, in the same 
educational settings where appropriate; 
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‘‘(2) to require a State or a local educational 
agency to establish, continue, or eliminate any par-
ticular type of instructional program for English 
learners; or 
‘‘(3) to limit the preservation or use of Native 
American languages. 
‘‘SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW. 
‘‘Nothing in this subpart shall be construed to negate 
or supersede State law, or the legal authority under State 
law of any State agency, State entity, or State public offi-
cial, over programs that are under the jurisdiction of the 
State agency, entity, or official. 
‘‘SEC. 1206. CIVIL RIGHTS. 
‘‘Nothing in this subpart shall be construed in a man-
ner inconsistent with any Federal law guaranteeing a civil 
right. 
‘‘SEC. 1207. PROGRAMS FOR NATIVE AMERICANS AND 
PUERTO 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, 
curriculum development, evaluation, and assessment de-
signed for Native American children learning and studying 
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Native American languages and children of limited Span-
ish proficiency, except that an outcome of programs serv-
ing such children shall be increased English proficiency 
among such children. 
‘‘SEC. 1208. 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. 
‘‘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 cer-
tification and licensure as teachers who work in language 
instruction educational programs or serve English learn-
ers. Grants awarded under this subsection may be used— 
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‘‘(1) for preservice, evidence-based professional 
development programs that will assist local schools 
and institutions of higher education to upgrade the 
qualifications and skills of educational personnel who 
are not certified or licensed, especially educational 
paraprofessionals; 
‘‘(2) for the development of curricula or other 
instructional strategies appropriate to the needs of 
the consortia participants involved; 
‘‘(3) to support strategies that strengthen and 
increase 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 pri-
vate nonprofit organization of demonstrated effec-
tiveness, Indian tribe, or tribally sanctioned edu-
cational authority, that is representative of a com-
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munity or significant segments of a community and 
that provides educational or related services to indi-
viduals in the community. Such term includes a Na-
tive Hawaiian or Native American Pacific Islander 
native language educational organization. 
‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) one or more local educational agen-
cies; or 
‘‘(B) one or more local educational agen-
cies, in consortia (or collaboration) with an in-
stitution of higher education, community-based 
organization, or State educational agency. 
‘‘(4) IMMIGRANT CHILDREN AND YOUTH.—The 
term ‘immigrant children and youth’ means individ-
uals who— 
‘‘(A) are age 3 through 21; 
‘‘(B) were not born in any State; and 
‘‘(C) have not been attending one or more 
schools in any one or more States for more 
than 3 full academic years. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Native vil-
lage or Regional Corporation or Village Corporation 
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as defined in or established pursuant to the Alaska 
Native Claims Settlement Act, that is recognized as 
eligible for the special programs and services pro-
vided by the United States to Indians because of 
their status as Indians. 
‘‘(6) LANGUAGE
INSTRUCTION
EDUCATIONAL 
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instruction course— 
‘‘(A) in which an English learner is placed 
for the purpose of developing and attaining 
English language proficiency, while meeting 
State academic standards, as required by sec-
tion 1111(b)(1); and 
‘‘(B) that may make instructional use of 
both English and a child’s native language to 
enable the child to develop and attain English 
language proficiency, and may include the par-
ticipation of English language proficient chil-
dren if such course is designed to enable all 
participating children to become proficient in 
English and a second language. 
‘‘(7) NATIVE AMERICAN AND NATIVE AMERICAN 
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ shall have the meanings 
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given such terms in section 103 of the Native Amer-
ican Languages Act. 
‘‘(8) NATIVE
LANGUAGE.—The term ‘native 
language’, 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 
language normally used by the parents of the 
child or youth. 
‘‘(9) 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. 
‘‘(10) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth 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 dis-
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seminate information about language instruction edu-
cational programs for English learners, and related pro-
grams. The National Clearinghouse shall— 
‘‘(1) be administered as an adjunct clearing-
house of the Educational Resources Information 
Center Clearinghouses system supported by the In-
stitute of Education Sciences; 
‘‘(2) coordinate activities with Federal data and 
information clearinghouses and entities operating 
Federal dissemination networks and systems; 
‘‘(3) develop a system for improving the oper-
ation and effectiveness of federally funded language 
instruction educational programs; and 
‘‘(4) collect and disseminate information on— 
‘‘(A) educational research and processes 
related to the education of English learners; 
and 
‘‘(B) accountability systems that monitor 
the academic progress of English learners in 
language instruction educational programs, in-
cluding 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. 
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‘‘SEC. 1223. REGULATIONS. 
‘‘In developing regulations under this subpart, the 
Secretary 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— 
‘‘(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 .55 of one percent to award grants to eligible local 
educational agencies to enable the local educational agen-
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cies 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 
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 stu-
dents in excess of 50 students, in average daily at-
tendance at the schools served by the local edu-
cational 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 
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that local educational agencies are eligible to re-
ceive under paragraph (1) for such year, the 
Secretary shall ratably reduce such amounts for 
such year. 
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year, 
payments that were reduced under subpara-
graph (A) shall be increased on the same basis 
as such payments were reduced. 
‘‘(c) DISBURSEMENT.—The Secretary shall disburse 
the funds awarded to a local educational agency under this 
section for a fiscal year not later than July 1 of that fiscal 
year. 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if— 
‘‘(A)(i)(I) the total number of students in 
average daily attendance at all of the schools 
served by the local educational agency is fewer 
than 600; or 
‘‘(II) each county in which a school served 
by the local educational agency is located has a 
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total population density of fewer than 10 per-
sons 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 Sec-
retary, 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 de-
termine whether to waive the criteria described in 
paragraph (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 edu-
cational agency that is not eligible under this chap-
ter 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— 
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‘‘(A) for fiscal year 2013, 75 percent of 
the amount such agency received for fiscal year 
2012; 
‘‘(B) for fiscal year 2014, 50 percent of 
the amount such agency received for fiscal year 
2012; and 
‘‘(C) for fiscal year 2015, 25 percent of 
the amount such agency received for fiscal year 
2012. 
‘‘(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 .55 of one percent to 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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State educational agencies to award grants to eligi-
ble local educational agencies for local authorized ac-
tivities 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 
number of all such students served by eligible local 
educational agencies in all States for that fiscal 
year. 
‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 
‘‘(A) ELIGIBILITY AND APPLICATION.—If a 
State educational agency elects not to partici-
pate 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 for-
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mula, the amount the State educational agency 
is eligible to receive under paragraph (2) di-
rectly to a specially qualified agency in the 
State that has submitted an application in ac-
cordance with subparagraph (A) and obtained 
approval of the application. 
‘‘(C) SPECIALLY QUALIFIED AGENCY DE-
FINED.—In this subpart, the term ‘specially 
qualified agency’ means an eligible local edu-
cational agency served by a State educational 
agency that does not participate in a program 
under this subpart in a fiscal year, that may 
apply directly to the Secretary for a grant in 
such year under this subsection. 
‘‘(b) LOCAL AWARDS.— 
‘‘(1) ELIGIBILITY.—A local educational agency 
shall be eligible to receive a grant under this subpart 
if— 
‘‘(A) 20 percent or more of the children 
ages 5 through 17 years served by the local 
educational agency are from families with in-
comes below the poverty line; and 
‘‘(B) all of the schools served by the agen-
cy are designated with a school locale code of 
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32, 33, 41, 42, 43, as determined by the Sec-
retary. 
‘‘(2) AWARD BASIS.—A State educational agen-
cy shall award grants to eligible local educational 
agencies— 
‘‘(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 satisfac-
tion of the Secretary, that the alternative for-
mula enables the State educational agency to 
allot the grant funds in a manner that serves 
equal or greater concentrations of children from 
families with incomes below the poverty line, 
relative to the concentrations that would be 
served if the State educational agency used the 
formula described in subparagraph (B). 
‘‘(c) RESERVATIONS.—From amounts reserved under 
section 1235(a)(1) for this chapter for a fiscal year, the 
Secretary shall reserve— 
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‘‘(1) one-half of 1 percent to make awards to el-
ementary schools or secondary schools operated or 
supported by the Bureau of Indian Education, to 
carry out the activities authorized under this chap-
ter; and 
‘‘(2) one-half of 1 percent to make awards to 
the outlying areas in accordance with their respec-
tive 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 
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 Sec-
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retary 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 stu-
dents meet the State academic standards under sec-
tion 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 
section 1235(b)(2)(A), the application under the sec-
tion shall include— 
‘‘(A) the methods and criteria the State 
educational agency or specially qualified agency 
will use for reviewing applications and awards 
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. 
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‘‘(3) A description of how the State educational 
agency or specially qualified agency will provide 
technical assistance to eligible local educational 
agencies to help such agencies implement the activi-
ties described in section 1236(a). 
‘‘SEC. 1238. ACCOUNTABILITY. 
‘‘(a) STATE REPORT.—Each State educational agen-
cy or specially qualified agency that receives a grant under 
this chapter shall prepare 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 
chapter; 
‘‘(2) how local educational agencies and schools 
used funds provided under this chapter; and 
‘‘(3) the degree to which progress has been 
made toward having all students meet the State aca-
demic standards under section 1111(b)(1). 
‘‘(b) REPORT TO CONGRESS.—The Secretary shall 
prepare and submit to the Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Health, Education, Labor, and Pensions of 
the Senate a biennial report. The report shall describe— 
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‘‘(1) how State local educational agencies, local 
educational agencies, and schools used funds pro-
vided under this chapter; and 
‘‘(2) the degree to which progress has been 
made toward having all students meet the State aca-
demic 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 sub-
part, such local educational agency may receive funds 
under either chapter A or chapter B for a fiscal year, but 
may not receive funds under both chapters. 
‘‘(b) NOTIFICATION.—A local educational agency eli-
gible 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 in-
tends 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— 
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‘‘(1) not later than December 1 of each year, 
conduct a census to determine the number of stu-
dents in average daily attendance in kindergarten 
through grade 12 at the schools served by the agen-
cy; and 
‘‘(2) not later than March 1 of each year, sub-
mit the number described in paragraph (1) to the 
Secretary (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 sec-
tion 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 cor-
rect amount the agency 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. 
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‘‘SEC. 1243. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to pro-
hibit a local educational agency that enters into coopera-
tive arrangements with other local educational agencies for 
the provision of special, compensatory, or other education 
services, pursuant to State law or a written agreement, 
from entering into similar arrangements for the use, or 
the coordination 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 
Federal Government’s unique and continuing trust rela-
tionship with and responsibility to the Indian people for 
the education of Indian children. The Federal Government 
will continue to work with local educational agencies, In-
dian tribes and organizations, postsecondary institutions, 
and other entities toward the goal of ensuring that pro-
grams that serve Indian children are of the highest quality 
and provide for not only the basic elementary and sec-
ondary educational needs, but also the unique educational 
and culturally related academic needs of these children. 
‘‘SEC. 1252. PURPOSE. 
‘‘(a) PURPOSE.—It is the purpose of this subpart to 
support the efforts of local educational agencies, Indian 
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tribes and organizations, 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 meet the State academic standards that all stu-
dents 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 
educational agencies in their efforts to reform elementary 
school and secondary school programs that serve Indian 
students in order to ensure that such programs are de-
signed 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. 
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‘‘SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES 
AND TRIBES. 
‘‘(a) IN GENERAL.—From amounts appropriated 
under section 3(a)(1), the Secretary shall reserve .6 of one 
percent to local educational agencies and Indian tribes in 
accordance with this section and section 1263. 
‘‘(b) LOCAL EDUCATIONAL AGENCIES.— 
‘‘(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 preceding 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 agen-
cy that is otherwise eligible for a grant under this 
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chapter 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. 
‘‘(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 
agency 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 
allocate to each local educational agency that has an 
approved application under this chapter an amount 
equal to the product of— 
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‘‘(A) the number of Indian children who 
are eligible under section 1267 and served by 
such agency; and 
‘‘(B) the greater of— 
‘‘(i) the average per pupil expenditure 
of the State in which such agency is lo-
cated; 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 sec-
tion 1262, and a school that is operated or sup-
ported by the Bureau of Indian Education that is el-
igible for a grant under subsection (d), that submits 
an application 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 
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190 
agencies or Indian tribes for the purpose of obtain-
ing 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 
determines 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 re-
gard to the sources of funds from which such local 
or State expenditures 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 
BUREAU OF INDIAN EDUCATION.— 
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‘‘(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 Interior an amount equal to the product of— 
‘‘(A) the total number of Indian children 
enrolled in schools that are operated by— 
‘‘(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 
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192 
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 
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 rea-
sonably 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; 
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‘‘(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; 
‘‘(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 sub-
part 1, to meet the needs of such students; 
‘‘(4) demonstrates how funds made available 
under this chapter will be used for activities de-
scribed in section 1265; 
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure 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 
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‘‘(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-
sisted under this chapter, in meeting the stand-
ards described in paragraph (2); 
‘‘(B) will provide the results of each as-
sessment 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 as-
sessments described in subparagraph (A); and 
‘‘(7) describes the processes the local edu-
cational 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— 
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‘‘(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; 
‘‘(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 stu-
dents for whom the local educational agency is 
providing an education; 
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‘‘(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 stu-
dents from secondary schools, including through 
public hearings held by such agency to provide 
to the individuals described in this subpara-
graph a full opportunity to understand the pro-
gram 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 
parents of Indian children; 
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‘‘(C) that has set forth such policies and 
procedures, including policies and procedures 
relating to the hiring of personnel, as will en-
sure that the program for which assistance is 
sought will be operated and evaluated in con-
sultation with, and with the involvement of, 
parents of the children, and representatives of 
the area, to be served; 
‘‘(D) with respect to an application de-
scribing 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 com-
mittee 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 
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198 
purpose specified in section 1261, for services and activi-
ties that— 
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of 
the local educational agency submitted to the Sec-
retary under section 1264(a); 
‘‘(2) are designed with special regard for the 
language and cultural needs of the Indian students; 
and 
‘‘(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 prob-
lem solving and cognitive skills development and di-
rectly support the attainment of State academic 
standards; 
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‘‘(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 In-
dian 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; 
‘‘(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 
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200 
‘‘(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 chap-
ter 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. 
‘‘(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 
administrative purposes. 
‘‘(e) LIMITATION ON USE OF FUNDS.—Funds pro-
vided to a grantee under this chapter may not be used 
for long-distance travel expenses for training activities 
available locally 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 inte-
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201 
gration of education and related services provided to In-
dian 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 Fed-
eral programs, or portions of the programs, serving Indian 
students in a manner that integrates the program services 
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating 
administrative functions. 
‘‘(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 re-
lated services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), the plan shall— 
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‘‘(1) identify the programs or funding sources 
to be consolidated; 
‘‘(2) be consistent with the objectives of this 
section concerning authorizing the services to be in-
tegrated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that 
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian 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; 
‘‘(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 serv-
ices 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 stand-
ards under section 1111(b)(1); and 
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203 
‘‘(9) be approved by a committee formed in ac-
cordance with section 1264(c)(4), if such a com-
mittee 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 submit-
ting the plan. The parties so consulting shall identify any 
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able 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 regula-
tion, policy, or procedure promulgated by that department 
that has been so identified by the entity or department, 
unless the Secretary of the affected department deter-
mines that such a waiver is inconsistent with the objectives 
of this chapter or those provisions of the statute from 
which the program involved derives authority that are spe-
cifically 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 
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204 
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 depart-
ment or agency identified by the Secretary of Education, 
shall enter into an interdepartmental memorandum of 
agreement providing for the implementation and coordina-
tion of the demonstration 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 
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; 
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‘‘(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 assist-
ance and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with 
the requirements of this section. Such report format shall 
require 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 determination that the eligible entity has complied with 
the requirements incorporated in its approved plan, in-
cluding making a demonstration of student academic 
achievement, and will provide assurances to each Sec-
retary that the eligible entity has complied with all directly 
applicable statutory requirements and with those directly 
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206 
applicable regulatory 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 AUTHOR-
IZED.—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 ac-
tivities authorized under such program, except that 
the 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 requir-
ing the eligible entity to maintain separate records 
tracing any services or activities conducted under 
the approved plan to the individual programs under 
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which funds were authorized for the services or ac-
tivities, nor shall the eligible entity be required to al-
locate expenditures 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 over-
age (defined as the difference between the amount of the 
commingled funds and the actual administrative cost of 
the programs) shall be considered to be properly spent for 
Federal audit purposes, if the overage is used for the pur-
poses provided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this 
part shall be construed so as to interfere with the ability 
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant 
to chapter 75 of title 31, United States Code. 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM 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 
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Representatives 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 
participants to more effectively integrate their 
education and related services to Indian stu-
dents 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 
Indian 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 
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 
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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 chap-
ter, and that otherwise meets the requirements of sub-
section (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of 
Indians (as defined in section 1291) with re-
spect to which the child claims membership; 
‘‘(ii) the enrollment number establishing 
the membership of the child (if readily avail-
able); and 
‘‘(iii) the name and address of the organi-
zation that maintains updated and accurate 
membership data for such tribe or band of Indi-
ans; 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 
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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 
section 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 academic year to establish the eligibility of a 
child for entitlement 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). 
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248 
‘‘(A) IN
GENERAL.—Except as provided 
otherwise by State law or this paragraph, the 
term ‘average daily attendance’ means— 
‘‘(i) the aggregate number of days of 
attendance of all students during a school 
year; divided by 
‘‘(ii) the number of days school is in 
session during that year. 
‘‘(B) CONVERSION.—The Secretary shall 
permit the conversion of average daily member-
ship (or other similar data) to average daily at-
tendance for local educational agencies in 
States that provide State aid to local edu-
cational agencies on the basis of average daily 
membership (or other similar data). 
‘‘(C) SPECIAL
RULE.—If the local edu-
cational agency in which a child resides makes 
a tuition or other payment for the free public 
education of the child in a school located in an-
other school district, the Secretary shall, for the 
purpose of this Act— 
‘‘(i) consider the child to be in attend-
ance at a school of the agency making the 
payment; and 
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