135 
forth in paragraph (1) or State law regarding 
education, consistent with the purposes of this 
subtitle; 
‘‘(C) prohibits the disclosure of personally 
identifiable information except as permitted 
under section 444 of the General Education 
Provisions Act and any additional limitations 
set forth in State law; 
‘‘(D) keeps an accurate accounting of the 
date, nature, and purpose of each disclosure of 
personally identifiable information in the longi-
tudinal data system, a description of the infor-
mation disclosed, and the name and address of 
the person, agency, institution, or entity to 
whom the disclosure is made, which accounting 
shall be made available on request to parents of 
any student whose information has been dis-
closed; 
‘‘(E) notwithstanding section 444 of the 
General Education Provisions Act, requires any 
non-governmental party obtaining personally 
identifiable information to sign a data use 
agreement prior to disclosure that— 
‘‘(i) prohibits the party from further 
disclosing the information; 
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‘‘(ii) prohibits the party from using 
the information for any purpose other than 
the purpose specified in the agreement; 
and 
‘‘(iii) requires the party to destroy the 
information when the purpose for which 
the disclosure was made is accomplished; 
‘‘(F) maintains adequate security measures 
to ensure the confidentiality and integrity of the 
longitudinal data system, such as protecting a 
student record from identification by a unique 
identifier; 
‘‘(G) where rights are provided to parents 
under this clause, provides those rights to the 
student instead of the parent if the student has 
reached the age of 18 or is enrolled in a post-
secondary educational institution; and 
‘‘(H) ensures adequate enforcement of the 
requirements of this paragraph. 
‘‘(2) The privacy of student records, consistent 
with the Family Educational Rights and Privacy Act 
of 1974 (20 U.S.C. 1232g). 
‘‘(3) Effective data architecture and storage, in-
cluding standard definitions and formatting, and 
warehousing, including the ability to link student 
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records over time and across databases and to 
produce standardized or customized reports for use 
by local educators and policymakers, that— 
‘‘(A) is based on informational needs at 
the classroom, school, local educational agency, 
State, and Federal levels; 
‘‘(B) allows for longitudinal analysis of 
student achievement growth and program eval-
uations; and 
‘‘(C) supports analyses and research to 
evaluate the effectiveness of education related 
programs and initiatives. 
‘‘(4) Interoperability among software interfaces 
utilized to input, access, and analyze the data of 
such system. 
‘‘(5) Interoperability with other systems within 
the State and local educational agencies with the 
State. 
‘‘(6) Interoperability with the system linking 
migratory student records required under part C. 
‘‘(7) Electronic portability of data and records. 
‘‘(8) Professional development for those that 
use and operate such system. 
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‘‘(9) Researcher access to the data in such sys-
tem, consistent with the Family Educational Rights 
and Privacy Act of 1974 (20 U.S.C. 1232g). 
‘‘(f) PREEXISTING DATA SYSTEMS.—A State that de-
veloped and implemented or was in the process of devel-
oping and implementing a longitudinal data system prior 
to the date of the enactment of this section may use that 
system for the purpose of this section, if the system other-
wise meets the requirements of this section. 
‘‘(g) ALLOCATION.—After reserving funds under sub-
section (l), from the funds appropriated under subsection 
(m), the Secretary shall make an allocation to each State. 
In making such allocation, the Secretary shall allocate 50 
percent of such funds in a manner that provides an equal 
amount to each State. The remainder of such funds shall 
be allocated to each State based on each State’s enroll-
ment of students in kindergarten through grade 12, com-
pared to all States. 
‘‘(h) APPLICATION.—The Secretary shall allot the 
funds described in subsection (i) after the State submits 
an application for such funds at such time, in such man-
ner, and containing such information, as the Secretary 
may require. 
‘‘(i) PENALTIES.—Where any State is found not to 
have made substantial progress toward implementation of 
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such a system three years after the date of the enactment 
of the Improving No Child Left Behind for All Students 
Act, the Secretary may withhold up to 25 percent of the 
State’s funds reserved under section 1004. 
‘‘(j) ALLOWABLE USES OF FUNDS.—The State may 
use the funds received under this section to— 
‘‘(1) develop, maintain, operate, and upgrade its 
data systems; 
‘‘(2) provide data integrity training at the 
school and State and local educational agency levels 
to address technology maintenance needs at the 
school and district levels, privacy policies (including 
training related to the Family Educational Rights 
and Privacy Act of 1974), data integrity issues, re-
port planning and processes; 
‘‘(3) provide professional development to teach-
ers, office personnel, principals, and administrators 
on how to appropriately collect, report, and use data; 
‘‘(4) develop processes to analyze and dissemi-
nate best practices, strategies, and approaches re-
garding pedagogical advancement that will leverage 
the data system to enhance teaching and learning, 
including creating opportunities for individualized 
instruction; 
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‘‘(5) align statewide longitudinal data systems 
with local student information management systems 
and curriculum management systems, instructional 
management systems, or learning management sys-
tems; or 
‘‘(6) conduct and publicly report on the findings 
of data analyses to identify and fill areas in need of 
improvement in policy and instructional practice. 
‘‘(k) USE OF UNIQUE IDENTIFIERS.— 
‘‘(1) GOVERNMENTAL USE OF UNIQUE IDENTI-
FIERS.—It shall be unlawful for any Federal, State, 
or local governmental agency to use the identifiers 
employed in the longitudinal data systems for any 
purpose other than as authorized by Federal or 
State law regarding education, or to deny any indi-
vidual any right, benefit, or privilege provided by law 
because of such individual’s refusal to disclose the 
individual’s unique identifier. 
‘‘(2) REGULATIONS.—Not later than 180 days 
after the date of enactment of the Improving No 
Child Left Behind for All Students Act, the Sec-
retary shall promulgate regulations governing the 
use by governmental and non-governmental entities 
of the unique identifiers employed in longitudinal 
data systems, including, where necessary, regula-
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tions requiring States desiring grants for longitu-
dinal data systems under this section to implement 
specified measures, with the goal of safeguarding in-
dividual privacy to the maximum extent practicable 
consistent with the uses of the information author-
ized in this Act or other Federal or State law re-
garding education. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—For the 
purposes of meeting the requirements of this section, there 
are authorized to be appropriated such sums as may be 
necessary for each fiscal year.’’. 
SEC. 112. CREATING A RELIABLE AND ACCURATE GRADUA-
TION RATE TO IMPROVE THE ACADEMIC 
ACHIEVEMENT OF HIGH SCHOOL STUDENTS. 
Section 1111 (20 U.S.C. 6311) is amended— 
(1) in subsection (b)(2)— 
(A) in subparagraph (C)(vi) by striking 
‘‘as the percentage of students who graduate 
from secondary school with a regular diploma in 
the standard number of years’’ and inserting 
‘‘in subparagraph (P)’’; and 
(B) by adding at the end the following: 
‘‘(P) GRADUATION RATE.— 
‘‘(i) IN GENERAL.—For the purpose 
of this section, a State shall calculate its 
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graduation rate by dividing the number of 
students in the school or local educational 
agency who receive a regular diploma by 
the number of first time ninth-grade stu-
dents who enrolled in the school or local 
educational agency four years earlier, tak-
ing into account— 
‘‘(I) the movement of students 
transferring into and out of the school 
or local educational agency, docu-
mented through such evidence as a 
transcript, over the four-year period; 
and 
‘‘(II) the limited one time identi-
fication of recently arrived limited 
English proficient students, students 
with documented enrollment in a fully 
articulated early college high school, 
and children with disabilities who re-
quire a fifth year to receive a regular 
high school diploma. 
‘‘(ii) SCHOOLS
AND
LOCAL
EDU-
CATIONAL
AGENCIES.—A State shall re-
quire 
local 
educational 
agencies 
and 
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143 
schools in the State to calculate its gradua-
tion rate consistent with clause (i). 
‘‘(Q) ADDITIONAL COMPLETION MEASURES 
FOR HIGH SCHOOL STUDENTS IN ALTERNATIVE 
SETTINGS.—A State may publish and report 
additional completion measures for those stu-
dents who completed high school or some equiv-
alent measure in more than four years. Such 
measures could include those students that 
dropped out of high school and passed a Gen-
eral Educational Development exam or trans-
ferred to an alternative school and successfully 
completed their education, or those children 
with disabilities who completed their edu-
cational program in more than five years.’’. 
SEC. 113. READING FIRST. 
(a) FORMULA
GRANTS.—Section 1202(e)(2) (20 
U.S.C. 6362(e)(2)) is amended by striking ‘‘peer review 
panel’’ and inserting ‘‘Committee’’. 
(b) PEER REVIEW.—Section 1203(c)(2) (20 U.S.C. 
6363(c)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence, by striking ‘‘a 
panel’’ and inserting ‘‘a Reading First Advisory 
Committee’’; and 
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(B) in the second sentence, by striking 
‘‘panel’’ and inserting ‘‘Committee’’; 
(2) by redesignating subparagraphs (B) and 
(C) as subparagraphs (C) and (D), respectively; 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) LIMITATION.—The Committee shall 
not be comprised of a majority of members se-
lected by one individual or entity described in 
subparagraph (A).’’; 
(4) in subparagraph (C) (as redesignated by 
paragraph (2)) by striking ‘‘panel’’ and inserting 
‘‘Committee’’; 
(5) in subparagraph (D) (as redesignated by 
paragraph (2)) by striking ‘‘panel’’ and inserting 
‘‘Committee’’; and 
(6) by adding at the end the following: 
‘‘(E) SUBCOMMITTEES.— 
‘‘(i) IN GENERAL.—At its sole discre-
tion, the Committee may form one or more 
subcommittees to assist the Committee 
with the functions described in this para-
graph. 
‘‘(ii) REPRESENTATION.—If the Com-
mittee chooses to form such subcommit-
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tees, each subcommittee shall include at 
least one member selected by each indi-
vidual or entity described in subparagraph 
(A), and in no case shall be comprised of 
a majority of members selected by one 
such entity. Members of the Committee 
may serve on one or more subcommittees. 
‘‘(iii) 
COMMITTEE
REVIEW.—The 
Committee shall review the recommenda-
tions of each subcommittee, and, following 
such review, make a final recommendation 
to the Secretary in accordance with sub-
paragraph (D). 
‘‘(F) GOVERNANCE.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall gov-
ern the activities of the Committee. 
‘‘(G) CONFLICTS OF INTEREST.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall establish a process through which 
members of the Committee or any sub-
committees will be screened for potential 
conflicts of interest. 
‘‘(ii) 
SCREENING.—Such 
screening 
process shall— 
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‘‘(I) be reviewed and approved by 
the Office of General Counsel of the 
Department; 
‘‘(II) include, at a minimum, a 
review of each potential Committee or 
subcommittee member’s connection to 
any State’s program under this sub-
part, each potential Committee or 
subcommittee member’s potential fi-
nancial interest in products that 
might be purchased by a State edu-
cational agency or local educational 
agency in the course of such agency’s 
implementation of the program under 
this subpart, and each potential Com-
mittee or subcommittee member’s pro-
fessional 
connections 
to 
teaching 
methodologies that might require the 
use of specific products; and 
‘‘(III) be designed to prevent, to 
the extent possible, bias or the ap-
pearance thereof in the Committee’s 
performance of its responsibilities 
under this paragraph. 
‘‘(H) GUIDANCE.— 
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prior to that feedback being submitted 
to a State educational agency; 
‘‘(III) ensure that State edu-
cational agencies have the opportunity 
for direct interaction with the Com-
mittee and any subcommittee, as ap-
propriate, when revising an applica-
tion under this section as a result of 
feedback submitted by the Committee 
or a subcommittee; 
‘‘(IV) require that the Com-
mittee, any subcommittee, and the 
Secretary clearly and consistently doc-
ument that all criteria contained in 
subsection (b) are met before an ap-
plication submitted under this section 
is approved; and 
‘‘(V) create a transparent process 
through which the Secretary clearly, 
consistently, and publicly documents 
decisions to approve or disapprove an 
application submitted under this sec-
tion and the reasons for such deci-
sions.’’. 
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(c) 
TARGETED
ASSISTANCE
GRANTS.—Section 
1204(c)(2) (20 U.S.C. 6364(c)(2)) is amended— 
(1) in the first sentence, by striking ‘‘peer re-
view panel’’ and inserting ‘‘Committee’’; and 
(2) in the second sentence, by striking ‘‘panel’’ 
and inserting ‘‘Committee’’. 
(d) EXTERNAL EVALUATION.—Section 1205 (20 
U.S.C. 6365) is amended by adding at the end the fol-
lowing: 
‘‘(e) LIMITATION.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that the independent organization described in sub-
section (a) does not hold a contract or subcontract 
to implement any aspect of the program under this 
subpart. 
‘‘(2) SUBCONTRACTORS.—The contract entered 
into under subsection (a) shall prohibit the inde-
pendent organization conducting the evaluation from 
subcontracting with any entity that holds a contract 
or subcontract for any aspect of the implementation 
of this subpart.’’. 
(e) NATIONAL ACTIVITIES.—Section 1206 (20 U.S.C. 
6366) is amended— 
(1) by inserting before ‘‘From funds’’ the fol-
lowing: 
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‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION.—’’; 
and 
(2) by adding at the end the following: 
‘‘(b) CONTRACTS FOR TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary may enter 
into contracts with independent entities to perform 
the activities described in subsection (a)(1). 
‘‘(2) CONFLICTS OF INTEREST.— 
‘‘(A) IN GENERAL.—If the Secretary en-
ters into such contracts, the Secretary shall— 
‘‘(i) ensure that such contracts re-
quire the contracted entity to screen for 
conflicts of interest when hiring individuals 
to carry out the responsibilities under the 
contract; 
‘‘(ii) ensure that such contracts re-
quire the contracted entity to include the 
requirement in clause (i) in any sub-
contracts such entity enters into to fulfill 
the responsibilities described in paragraph 
(1). 
‘‘(B) SCREENING
PROCESS.—The screen-
ing process described in subparagraph (A) 
shall— 
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‘‘(i) include, at a minimum, a review 
of each individual performing duties under 
the contract or subcontract for connections 
to any State’s program under this subpart, 
potential financial interests in, or other 
connection to, products that might be pur-
chased by a State educational agency or 
local educational agency in the course of 
such agency’s implementation of the pro-
gram under this subpart, and connections 
to teaching methodologies that might re-
quire the use of specific products; and 
‘‘(ii) be designed to prevent, to the ex-
tent possible, bias or the appearance there-
of in the performance of the responsibil-
ities outlined in the contract or sub-
contract. 
‘‘(3) INFORMATION
DISSEMINATION.—If the 
Secretary enters into such contracts, and if a con-
tracted entity enters into such subcontracts, those 
contracts and subcontracts shall require the tech-
nical assistance providers to clearly separate tech-
nical assistance provided under such contract or sub-
contract from information provided, or activities en-
gaged in, as part of the normal operations of the 
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contractor or subcontractor. Efforts to comply with 
this paragraph may include, but are not limited to, 
the creation of separate web pages for the purpose 
of fulfilling a contract or subcontract entered into 
under this subsection.’’. 
(f) PROHIBITION ON FEDERAL GOVERNMENT.— 
(1) IN GENERAL.—Subpart 1 of part B of title 
I is amended by adding after section 1208 (20 
U.S.C. 6368) the following: 
‘‘SEC. 1209. PROHIBITION ON FEDERAL GOVERNMENT. 
‘‘(a) IN GENERAL.—Nothing in this subpart shall be 
construed to alter or lessen the prohibition contained in 
section 9527(b) of this Act or section 103(b) of the De-
partment of Education Organization Act (20 U.S.C. 
3403(b)). 
‘‘(b) GUIDANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
guidance for Department employees responsible for 
the implementation of this subpart that will assist 
those employees in complying with the prohibitions 
included in subsection (a). 
‘‘(2) CONSULTATION.—Such guidance shall em-
phasize the importance of consultation with the Of-
fice of General Counsel of the Department on issues 
related to such prohibitions. 
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‘‘(3) TECHNICAL ASSISTANCE.—Such guidance 
shall stress that any information disseminated, or 
technical assistance provided, related to this subpart, 
shall represent multiple perspectives and not in any 
way endorse or appear to endorse any particular 
product or service that might be purchased by a 
State educational agency or local educational agency 
in the course of such agency’s implementation of the 
program under this subpart.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents for such title is amended by inserting after 
the item relating to section 1208 the following new 
item: 
‘‘Sec. 1209. Prohibition on Federal Government.’’. 
SEC. 114. AMENDMENTS TO PART C (EDUCATION OF MIGRA-
TORY CHILDREN AND YOUTH). 
(a) TITLE CHANGE.—Part C of title I (20 U.S.C. 
6391 et seq.) is amended by striking the part heading and 
inserting the following: 
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN 
AND YOUTH’’. 
(b) PROGRAM PURPOSE.—Section 1301 (20 U.S.C. 
6391) is amended by striking ‘‘It is the purpose of this 
part to assist States to—’’ and all that follows through 
the period at the end and inserting ‘‘It is the purpose of 
this part to assist States in providing high-quality, com-
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prehensive education programs (including instructional 
and supportive services, as appropriate) that address the 
special educational needs of migratory children and youth 
that result from their migratory lives, in order to help 
those children and youth succeed in school, meet the same 
challenging State academic content standards and student 
academic achievement standards that all children are ex-
pected to meet, and prepare those children and youth to 
make a successful transition to postsecondary education 
and employment.’’. 
(c) PROGRAM
AUTHORIZED.—Section 1302 (20 
U.S.C. 6392) is amended by striking ‘‘children’’ and in-
serting ‘‘children and youth’’. 
(d) STATE ALLOCATIONS.—Section 1303 (20 U.S.C. 
6393) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) STATE ALLOCATIONS.— 
‘‘(1) IN GENERAL.—For each fiscal year, each 
State (other than the Commonwealth of Puerto 
Rico) is entitled to receive under this part an 
amount equal to— 
‘‘(A) the sum of— 
‘‘(i) the estimated number of migra-
tory children and youth aged 3 through 21 
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who reside in the State, as determined in 
accordance with subsection (e); and 
‘‘(ii) the number of such children and 
youth who received instructional or support 
services under this part that meet the iden-
tified needs of such children and youth in 
summer or other intersessional programs 
provided by the State during such year; 
multiplied by 
‘‘(B) 40 percent of the average per-pupil 
expenditure in the State, except that the 
amount determined under this subsection shall 
not be less than 32 percent, nor more than 48 
percent, of the average per-pupil expenditure in 
the United States. 
‘‘(2) SPECIAL
RULE.—Notwithstanding para-
graph (1), for each of fiscal years 2008 through 
2010, each such State shall receive at least 90 per-
cent of the amount it received the previous fiscal 
year.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘children’’ and insert-
ing ‘‘children and youth’’; and 
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(ii) by striking ‘‘subsection (a)(1)(A)’’ 
and inserting ‘‘(a)(1)’’; and 
(B) by striking paragraphs (2) and (3); 
(3) in subsection (c)(2)— 
(A) by striking ‘‘children’’ both places such 
term appears and inserting ‘‘children and 
youth’’; and 
(B) in subparagraph (A), by striking ‘‘ and 
needs’’ and inserting ‘‘and identified edu-
cational needs’’; 
(4) in subsection (d)(3)(B), by striking ‘‘chil-
dren’’ and inserting ‘‘children and youth’’; and 
(5) in subsection (e)— 
(A) in the subsection heading, by striking 
‘‘CHILDREN’’ and inserting ‘‘CHILDREN
AND 
YOUTH’’; and 
(B) by striking paragraphs (1) through (4) 
and inserting the following: 
‘‘(1) require each State to submit documenta-
tion on the number of migratory children and youth 
who reside in the State, including evidence of the ac-
curacy of such documentation, of which the Sec-
retary shall on a periodic basis select a random sam-
pling of States on which to conduct an audit of such 
documentation and evidence; and 
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‘‘(2) develop and implement a procedure for 
monitoring the accuracy of such information pro-
vided that such procedure does not act as or create 
a barrier to the access to services under this part or 
educational success of migratory children and youth 
who are eligible for services under this part.’’. 
(e) STATE APPLICATIONS; SERVICES.—Section 1304 
(20 U.S.C. 6394) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘migratory children’’ and inserting ‘‘mi-
gratory children and youth’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘migrant chil-
dren’’ and inserting ‘‘migratory chil-
dren and youth’’; and 
(II) by inserting before the semi-
colon the following: ‘‘and educational 
programs under part A of this title’’; 
(B) in paragraph (2), by striking ‘‘all chil-
dren’’ and inserting ‘‘all children and youth’’; 
(C) 
by 
redesignating 
paragraphs 
(3) 
through (7) as (4) through (8), respectively; 
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158 
(D) by inserting after paragraph (2) the 
following: 
‘‘(3) a description of how the State will ensure 
the timely, electronic transfer of student records 
under section 1308 and how the State will use such 
records transfer to meet the special educational 
needs of migratory children and youth;’’; 
(E) in paragraph (4) (as so redesignated), 
by striking ‘‘migratory children’’ and all that 
follows through the semicolon at the end and 
inserting ‘‘migratory children and youth;’’; 
(F) in paragraph (5) (as so redesignated), 
by striking ‘‘needs’’ and inserting ‘‘identified 
educational needs’’; 
(G) in paragraph (6) (as so redesig-
nated)— 
(i) by striking ‘‘needs’’ and inserting 
‘‘identified educational needs’’; and 
(ii) by striking ‘‘children’’ and insert-
ing ‘‘children and youth’’; 
(H) in paragraph (7) (as so redesignated), 
by striking ‘‘and’’ at the end; 
(I) in paragraph (8) (as so redesignated)— 
(i) by striking ‘‘children’’ and insert-
ing ‘‘children and youth’’; and 
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159 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(J) by adding at the end the following: 
‘‘(9) a description of how the State will facili-
tate the participation of migratory parents in their 
children’s education; 
‘‘(10) if the State provides the Secretary the 
number of migratory children and youth in accord-
ance with section 1303(a)(2)(A)(ii) a demonstration 
that services provided during summer or interses-
sional periods will be high quality and meaningful 
instructional or supportive services that meet the 
identified needs of such children and youth; and 
‘‘(11) an assurance that the State will require 
that paraeducators supported with funds under this 
part meet the requirements set forth under sub-
sections (c), (f), and (g) of section 1119, except that 
paraeducators who were hired before the date of the 
enactment of the Improving No Child Left Behind 
for All Students Act shall meet the requirements set 
forth under section 1119(c) not later than four years 
after such date of enactment.’’; 
(2) in subsection (c)— 
(A) in paragraph (1)(B), by striking ‘‘chil-
dren’’ and inserting ‘‘children and youth’’; 
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(B) in paragraph (4)— 
(i) by striking ‘‘unmet education 
needs’’ and inserting ‘‘unmet identified 
educational needs’’; and 
(ii) by striking ‘‘children’’ and insert-
ing ‘‘children and out-of-school youth’’; 
(C) in paragraph (6)(A), by striking ‘‘chil-
dren’’ each place such term appears and insert-
ing ‘‘children and youth’’; and 
(D) in paragraph (7)— 
(i) by striking ‘‘children’’ and insert-
ing ‘‘children and youth’’; 
(ii) by striking ‘‘paragraphs (1)(A) 
and (2)(B)(i) of’’; and 
(iii) by inserting before the period at 
the end the following: ‘‘, except that the 
Secretary may not require additional infor-
mation that is not directly related to deter-
mining the migratory status of the child or 
youth, as defined in section 1311(2)’’. 
(3) by amending subsection (d) to read as fol-
lows: 
‘‘(d) PRIORITY FOR SERVICES.—In providing services 
with funds received under this part, each recipient of 
funds shall give priority to migratory children and youth 
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161 
who are not meeting, or most at risk of not meeting, the 
State’s challenging State academic content standards and 
challenging State student academic achievement stand-
ards, and whose education has been disrupted within the 
past 12 months as a result of a qualifying move, which 
may include preschool children and out of school migra-
tory youth.’’; and 
(4) in subsection (e), by striking ‘‘child’’ each 
place such term appears and inserting ‘‘child or 
youth’’. 
(f) SECRETARIAL APPROVAL; PEER REVIEW.—Sec-
tion 1305(b) (20 U.S.C. 6395(b)) is amended by striking 
‘‘may’’ and inserting ‘‘shall’’. 
(g) COMPREHENSIVE
NEEDS
ASSESSMENT
AND 
SERVICE-DELIVERY PLAN; AUTHORIZED ACTIVITIES.— 
Section 1306 (20 U.S.C. 6396) is amended— 
(1) in subsection (a)(1)— 
(A) in the matter preceding subparagraph 
(A)— 
(i) by striking ‘‘special educational 
needs’’ and inserting ‘‘identified edu-
cational needs’’; and 
(ii) by striking ‘‘children’’ and insert-
ing ‘‘children and youth’’; 
(B) in subparagraph (B)— 
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162 
(i) by striking ‘‘children’’ both places 
such term appears and inserting ‘‘children 
and youth’’; and 
(ii) in clause (i), by striking ‘‘special 
needs’’ and inserting ‘‘identified edu-
cational needs’’; 
(C) in subparagraph (C) by striking ‘‘chil-
dren’’ both places such term appears and in-
serting ‘‘children and youth’’; 
(D) in subparagraph (E) by striking ‘‘chil-
dren’’ and inserting ‘‘children and youth’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘children’’ each place such 
term appears and inserting ‘‘children and 
youth’’; and 
(B) in paragraph (4), by striking ‘‘special 
educational needs’’ and inserting ‘‘identified 
educational needs’’. 
(h) BYPASS.—Section 1307 (20 U.S.C. 6397) is 
amended in each of paragraphs (1) and (3) by striking 
‘‘children’’ and inserting ‘‘children and youth’’. 
(i) COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES.—Part C of title I is amended— 
(1) by striking section 1308 (20 U.S.C. 6398); 
and 
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163 
(2) by inserting after section 1307 the fol-
lowing: 
‘‘SEC. 1308. TRANSFER OF MIGRATORY STUDENT RECORDS. 
‘‘(a) ASSISTANCE.—The Secretary shall maintain an 
effective system for the electronic transfer of student 
records and in determining the number of migratory chil-
dren and youth in each State. 
‘‘(b) INFORMATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the States, shall— 
‘‘(A) ensure the linkage of migratory stu-
dent records in a cost effective manner for the 
purpose of electronically exchanging, among the 
States, health and educational information re-
garding all migratory students; and 
‘‘(B) utilize, at a minimum, the minimum 
data elements promulgated in regulation by the 
Secretary. 
‘‘(2) CONSULTATION.—The Secretary shall 
maintain ongoing consultation with the States, local 
educational agencies, and other migratory student 
service providers on the effectiveness of the system 
of electronic records transfer and ongoing improve-
ment to such system. 
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164 
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 
shall provide technical assistance to the States to 
help them meet the requirements for the collection 
and transfer of migratory student data. 
‘‘(c) NO COST FOR CERTAIN TRANSFERS.—A State 
educational agency or local educational agency receiving 
assistance under this part shall make student records 
available to another State educational agency or local edu-
cational agency that requests the records at no cost to the 
requesting agency, if the request is made in order to meet 
the needs of a migratory child or youth. 
‘‘(d) REPORT TO CONGRESS.—Not later than 2 years 
after the date of the enactment of the Improving No Child 
Left Behind for All Students Act, the Secretary shall re-
port to the Committee on Health, Education, Labor, and 
Pensions of the Senate and the Committee on Education 
and Labor of the House of Representatives, the Sec-
retary’s findings and recommendations regarding the 
maintenance and transfer of health and educational infor-
mation for migratory students by the States. 
‘‘(e) AVAILABILITY OF FUNDS.—For the purpose of 
carrying out this section in any fiscal year, the Secretary 
shall reserve not more than $2,500,000 of the amount ap-
propriated to carry out this part for such year. 
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165 
‘‘SEC. 1309. IMPROVEMENTS AND COORDINATION. 
‘‘(a) IN GENERAL.—The Secretary, after full con-
sultation with the States, may make grants to, or enter 
into contracts with, State educational agencies, local edu-
cational agencies, institutions of higher education, and 
other public and private nonprofit entities to improve the 
interstate and intra-State coordination among such agen-
cies’ programs, including the establishment or improve-
ment of programs for credit accrual and exchange, avail-
able to migratory students. 
‘‘(b) INCENTIVE GRANTS.—The Secretary may award 
grants of not more than $250,000 on a competitive basis 
to State educational agencies that propose a consortium 
arrangement with another State or other appropriate eligi-
ble entity described in subsection (a) that the Secretary 
determines, pursuant to criteria that the Secretary shall 
establish, will improve the delivery of services to migratory 
children and youth whose education is disrupted and who 
are described in section 1304(d). 
‘‘(c) DURATION.—Grants under this section may be 
awarded for not more than 5 years. 
‘‘(d) AVAILABILITY OF FUNDS.—From the funds ap-
propriated under this part, the Secretary may reserve no 
more than $6,500,000 for grants under this section. 
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166 
‘‘SEC. 1310. DATA COLLECTION. 
‘‘(a) IN GENERAL.—The Secretary shall direct the 
National Center for Education Statistics to collect data 
on migratory children and youth from preschool through 
postsecondary education that shall not include any person-
ally identifiable information. 
‘‘(b) LIMITATION.—Migratory children and youth or 
their parents, guardian, or spouse, shall not be required 
or compelled to provide data under this section as a re-
quirement for eligibility of services under this part. 
‘‘SEC. 1311. PROGRAM EVALUATION. 
‘‘(a) EVALUATION REQUIRED.—From funds appro-
priated to carry out this part for fiscal years 2008 through 
2013, the Secretary may reserve a total of not more than 
$3,500,000 to carry out a national evaluation of the pro-
gram under this part, including an examination of the suc-
cess of State efforts to identify and meet the unique edu-
cational needs of migratory children. 
‘‘(b) INSTITUTE
OF EDUCATION SCIENCES.—The 
Secretary shall carry out the evaluation through the Insti-
tute of Education Sciences.’’. 
(j) DEFINITIONS.—Section 1309 (20 U.S.C. 6399) 
is— 
(1) redesignated as section 1312; and 
(2) amended— 
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167 
(A) in paragraph (1)(C), by striking ‘‘mi-
grant education’’ and inserting ‘‘migratory edu-
cation’’; and 
(B) by striking paragraph (2) and insert-
ing the following: 
‘‘(2) MIGRATORY CHILD OR YOUTH.—The term 
‘migratory child or youth’ means a child or youth 
who is, or whose parent, guardian, or spouse is, an 
individual who— 
‘‘(A) has made a qualifying move within 
the preceding 36 months, provided that in the 
case of a parent, guardian, or spouse, such 
child or youth accompanies such parent, guard-
ian, or spouse; and 
‘‘(B) is employed, or has sought temporary 
(of usually not longer than 12 months) or sea-
sonal employment, in qualifying work. 
‘‘(3) QUALIFYING MOVE.—The term ‘qualifying 
move’ means any of the following, if made in order 
to obtain qualifying work: 
‘‘(A) A move from one school district to 
another. 
‘‘(B) Within a State that is comprised of 
a single school district, a move from one admin-
istrative area to another within such district. 
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168 
‘‘(C) Within a school district of more than 
15,000 square miles, a migration of a distance 
of 20 miles or more to a temporary residence 
to engage in a fishing activity. 
‘‘(4) QUALIFYING WORK.—The term ‘qualifying 
work’ means any activity directly related to— 
‘‘(A) the production of crops, dairy prod-
ucts, poultry, or livestock, for initial commercial 
sale or personal subsistence; 
‘‘(B) the cultivation or harvesting of trees; 
‘‘(C) fish farms or fishing activity, for ini-
tial commercial sale or personal subsistence; 
‘‘(D) working with raw agricultural or fish-
ing products and processing them into a more 
refined product for initial commercial sale.’’. 
SEC. 115. AMENDMENTS TO PART E (NATIONAL ASSESS-
MENT OF TITLE I). 
(a) EVALUATIONS.—Section 1501(a) (20 U.S.C. 
6491(a)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A) by inserting after 
‘‘poverty)’’ the following: ‘‘and graduation 
rates’’; and 
(B) in subparagraph (B) by inserting be-
fore the period at the end the following: ‘‘and 
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169 
the types of programs and services that have 
demonstrated the greatest likelihood of helping 
students graduate from secondary school on 
time’’; 
(C) in subparagraph (I)— 
(i) in the matter preceding clause (i) 
by inserting after ‘‘low-performing schools’’ 
the following: ‘‘and increase graduation 
rates’’; 
(ii) in clause (ii) by inserting before 
the period at the end the following: ‘‘and 
increasing graduation rates’’; and 
(iii) by amending clause (iv) to read 
as follows: 
‘‘(iv) The number of students who re-
ceived supplemental educational services, 
the criteria used by the States to deter-
mine the quality of providers, the kinds of 
services that are available and utilized (in-
cluding services for children with disabil-
ities and English language learners), the 
costs associated with implementing this op-
tion, the allocations and expenditures for 
supplemental educational services by local 
educational agencies, and the impact of re-
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170 
ceiving supplemental educational services 
on student achievement, using criteria for 
success to evaluate such impact, including 
criteria consistent with scientifically valid 
research.’’; 
(D) in subparagraph (N) by inserting after 
‘‘achievement’’ the following: ‘‘and graduation 
rates’’; 
(E) by redesignating subparagraph (O) as 
(P); and 
(F) by inserting after subparagraph (N) 
the following: 
‘‘(O) The extent to which students with 
disabilities and English language learners are 
represented as compared to all students receiv-
ing supplemental educational services.’’; and 
(2) in paragraph (6), in each of subparagraphs 
(A) and (B), by striking ‘‘No Child Left Behind Act 
of 2001’’ and inserting ‘‘Improving No Child Left 
Behind for All Students Act’’. 
(b) ASSESSMENT EVALUATION.—Section 1503 (20 
U.S.C. 6393) is amended— 
(1) in subsection (b) by striking ‘‘Assistant Sec-
retary of Educational Research and Improvement’’ 
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171 
and inserting ‘‘Director of the Institute for Edu-
cation Sciences’’; 
(2) in subsection (c)(3) by striking ‘‘the Work-
force’’ and inserting ‘‘Labor’’; and 
(3) in subsection (e)— 
(A) by striking ‘‘the Workforce’’ and in-
serting ‘‘Labor’’; and 
(B) by striking ‘‘the President and’’. 
(c) CLOSE UP FELLOWSHIP PROGRAM.—Section 
1504 (20 U.S.C. 6494) is amended— 
(1) by transferring subsection (b) so that it ap-
pears after subsection (c); 
(2) by redesignating subsection (c) as (b), and 
subsection (b) (as so transferred) as (c); 
(3) in subsection (b) (as so redesignated)— 
(A) by striking the subsection heading and 
inserting ‘‘PROGRAMS
FOR
NEW
AMERICAN 
STUDENTS.—’’; and 
(B) in paragraph (1)— 
(i) in subparagraph (C) by striking 
‘‘and their teachers’’; and 
(ii) in subparagraph (D)— 
(I) by striking ‘‘and teachers’’; 
and 
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172 
(II) by striking ‘‘New Ameri-
cans’’ and inserting ‘‘New American 
Students’’; and 
(C) in paragraph (2)(B)(i) by striking 
‘‘New Americans’’ and inserting ‘‘New Amer-
ican Students’’; 
(4) in subsection (c) (as so redesignated)— 
(A) in paragraph (1)(A) by striking ‘‘mid-
dle school and secondary school teachers’’ and 
inserting ‘‘middle school, secondary school, and 
New American teachers’’; and 
(B) in paragraph (2)(B)(i) by inserting ‘‘or 
(b)(1)(A)’’ before the semicolon at the end; and 
(5) in subsection (d)(2) by striking ‘‘part G of 
title X before the date of enactment of the No Child 
Left Behind Act of 2001’’ and inserting ‘‘this sec-
tion before the date of the enactment of the Improv-
ing No Child Left Behind for All Students Act’’. 
SEC. 116. AMENDMENTS TO PART G (ADVANCED PLACE-
MENT). 
(a) IN GENERAL.—Part G of title I (20 U.S.C. 6531 
et seq.) is amended to read as follows: 
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173 
‘‘PART G—ADVANCED PLACEMENT AND 
INTERNATIONAL BACCALAUREATE PROGRAMS 
‘‘SEC. 1701. PURPOSE. 
‘‘It is the purpose of this part— 
‘‘(1) to raise academic achievement through Ad-
vanced Placement and International Baccalaureate 
programs by increasing, by 70,000, over a 4-year pe-
riod beginning in 2008, the number of teachers serv-
ing high-need schools who are qualified to teach Ad-
vanced Placement or International Baccalaureate 
courses; 
‘‘(2) to increase, to 700,000 per year, the num-
ber of students attending high-need schools who— 
‘‘(A) take and score a 3, 4, or 5 on an Ad-
vanced Placement examination administered by 
the College Board; or 
‘‘(B) achieve a passing score on an exam-
ination administered by the International Bac-
calaureate Organization; 
‘‘(3) to increase the availability of, and enroll-
ment in, Advanced Placement or International Bac-
calaureate course, and pre-Advanced Placement or 
pre-International Baccalaureate courses in high-need 
schools; and 
‘‘(4) to support statewide efforts to increase the 
availability of, and enrollment in, Advanced Place-
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174 
ment or International Baccalaureate courses and 
pre-Advanced Placement or pre-International Bacca-
laureate courses in high-need schools. 
‘‘SEC. 1702. DEFINITIONS. 
‘‘In this part: 
‘‘(1) 
ADVANCED
PLACEMENT
OR
INTER-
NATIONAL
BACCALAUREATE
COURSE.—The term 
‘Advanced Placement or International Baccalaureate 
course’ means a course of college-level instruction 
provided to secondary school students, terminating 
in an examination administered by the College 
Board or the International Baccalaureate Organiza-
tion, or another such examination approved by the 
Secretary, or another highly rigorous course that in-
cludes a terminating examination that is widely ac-
cepted for credit at institutions of higher education. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a State educational agency; 
‘‘(B) a local educational agency; or 
‘‘(C) a partnership consisting of— 
‘‘(i) a national, regional, or statewide 
nonprofit organization, with expertise and 
experience in providing Advanced Place-
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175 
ment or International Baccalaureate serv-
ices; and 
‘‘(ii) a State educational agency or 
local educational agency. 
‘‘(5) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-need local educational agency’ 
means a local educational agency or educational 
service agency described in section 2102. 
‘‘(6) HIGH-NEED
SCHOOL.—The term ‘high- 
need school’ means a secondary school— 
‘‘(A) with a demonstrated need for Ad-
vanced Placement or International Bacca-
laureate courses or for additional Advanced 
Placement 
or 
International 
Baccalaureate 
courses; and 
‘‘(B)(i) with a high concentration of low- 
income students; or 
‘‘(ii) designated with a school locale code of 
41, 42, and 43, as determined by the Secretary. 
‘‘SEC. 1703. ADVANCED PLACEMENT AND INTERNATIONAL 
BACCALAUREATE PROGRAMS. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts 
appropriated under subsection (l), the Secretary is author-
ized to award grants, on a competitive basis, to eligible 
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176 
entities to enable the eligible entities to carry out the au-
thorized activities described in subsection (g). 
‘‘(b) DURATION OF GRANTS.—The Secretary may 
award grants under this section for a period of not more 
than 5 years. 
‘‘(c) COORDINATION.—The Secretary shall coordinate 
the activities carried out under this section with the activi-
ties carried out under section 1705. 
‘‘(d) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to eligible entities 
that— 
‘‘(1) are part of a statewide strategy for in-
creasing the availability of Advanced Placement or 
International Baccalaureate courses, and pre-Ad-
vanced 
Placement 
or 
pre-International 
Bacca-
laureate course, in high-need schools; 
‘‘(2) make Advanced Placement courses avail-
able to students who are prepared for such work in 
earlier grades than traditionally made available; and 
‘‘(3) use funds to support courses in science, 
math, and critical foreign languages. 
‘‘(e) EQUITABLE DISTRIBUTION.—The Secretary, to 
the extent practicable, shall— 
‘‘(1) ensure an equitable geographic distribution 
of grants under this section among the States; and 
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177 
‘‘(2) promote an increase in participation in Ad-
vanced Placement or International Baccalaureate 
courses and examinations in all States. 
‘‘(f) APPLICATION.— 
‘‘(1) IN GENERAL.—Each eligible entity desir-
ing a grant under this section shall submit an appli-
cation to the Secretary at such time, in such man-
ner, and containing such information as the Sec-
retary may reasonably require. 
‘‘(2) CONTENTS.—The application shall, at a 
minimum, include a description of— 
‘‘(A) the goals and objectives for the 
project, including— 
‘‘(i) increasing the number of teachers 
serving high-need schools who are qualified 
to teach Advanced Placement or Inter-
national Baccalaureate courses; 
‘‘(ii) increasing the number of Ad-
vanced Placement or International Bacca-
laureate courses that are available to stu-
dents attending high-need schools; and 
‘‘(iii) increasing the number of stu-
dents attending a high-need school, par-
ticularly low-income students, who enroll in 
and pass— 
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178 
‘‘(I) 
Advanced 
Placement 
or 
International Baccalaureate courses; 
and 
‘‘(II) pre-Advanced Placement or 
pre-International 
Baccalaureate 
courses (where provided in accordance 
with subparagraph (B)); 
‘‘(B) how the eligible entity will ensure 
that students have access to courses, including 
pre-Advanced Placement and pre-International 
Baccalaureate courses, that will prepare the 
students to enroll and succeed in Advanced 
Placement 
or 
International 
Baccalaureate 
courses; 
‘‘(C) how the eligible entity will provide 
professional development for teachers assisted 
under this section; 
‘‘(D) how the eligible entity will ensure 
that teachers serving high-need schools are 
qualified to teach Advanced Placement or Inter-
national Baccalaureate courses; 
‘‘(E) how the eligible entity will provide for 
the involvement of business and community or-
ganizations and other entities, including institu-
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tions of higher education, in the activities to be 
assisted; and 
‘‘(F) how the eligible entity will use funds 
received under this section, including how the 
eligible entity will evaluate the success of its 
project. 
‘‘(g) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Each eligible entity that re-
ceives a grant under this section shall use the grant 
funds to carry out activities designed to increase— 
‘‘(A) the number of qualified teachers serv-
ing high-need schools who are teaching Ad-
vanced Placement or International Bacca-
laureate courses; and 
‘‘(B) the number of students attending 
high-need schools who enroll in, and pass, the 
examinations for such courses including reim-
bursing low-income students attending high- 
need schools for part or all of the cost of Ad-
vanced Placement or International Bacca-
laureate examination fees. 
‘‘(2) PERMISSIVE
ACTIVITIES.—The activities 
described in paragraph (1) may include— 
‘‘(A) teacher professional development, in 
order to expand the pool of teachers in the par-
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ticipating State, local educational agency, or 
high-need school who are qualified to teach Ad-
vanced Placement or International Bacca-
laureate courses; 
‘‘(B) pre-Advanced Placement or pre-Inter-
national Baccalaureate course development and 
professional development; 
‘‘(C) coordination and articulation between 
grade levels to prepare students to enroll and 
succeed in Advanced Placement or International 
Baccalaureate courses; 
‘‘(D) purchase of instructional materials; 
‘‘(E) activities to increase the availability 
of, and participation in, online Advanced Place-
ment or International Baccalaureate courses; 
‘‘(F) carrying out subsection (j), relating 
to collecting and reporting data; 
‘‘(G) in the case of a State educational 
agency that receives a grant under this section, 
awarding subgrants to local educational agen-
cies to enable the local educational agencies to 
carry out authorized activities described in sub-
paragraphs (A) through (F); and 
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‘‘(H) providing salary increments or bo-
nuses to teachers serving high-need schools 
who— 
‘‘(i) become qualified to teach, and 
teach, Advanced Placement or Inter-
national Baccalaureate courses in mathe-
matics, science, or a critical foreign lan-
guage; or 
‘‘(ii) increase the number of low-in-
come students, who take Advanced Place-
ment or International Baccalaureate ex-
aminations with the goal of successfully 
passing such examinations. 
‘‘(h) MATCHING REQUIREMENT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
each eligible entity that receives a grant under this 
section shall provide, toward the cost of the activities 
assisted under the grant, from non-Federal sources, 
an amount equal to 100 percent of the amount of 
the grant, except that an eligible entity that is a 
high-need local educational agency shall provide an 
amount equal to not more than 50 percent of the 
amount of the grant. 
‘‘(2) WAIVER.—The Secretary may waive all or 
part of the matching requirement described in para-
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graph (1) for any fiscal year for an eligible entity 
described in subparagraph (A) or (B) of section 
1702(2), if the Secretary determines that applying 
the matching requirement to such eligible entity 
would result in serious hardship or an inability to 
carry out the authorized activities described in sub-
section (g). 
‘‘(i) SUPPLEMENT NOT SUPPLANT.—Grant funds 
provided under this section shall be used to supplement, 
not supplant, other Federal and non-Federal funds avail-
able to carry out the activities described in subsection (g). 
‘‘(j) 
COLLECTING
AND
REPORTING
REQUIRE-
MENTS.— 
‘‘(1) REPORT.—Each eligible entity receiving a 
grant under this section shall collect and report to 
the Secretary annually such data on the results of 
the grant as the Secretary may reasonably require, 
including data regarding— 
‘‘(A) the number of students enrolling in 
Advanced Placement or International Bacca-
laureate courses and pre-Advanced Placement 
or pre-International Baccalaureate courses, by 
the grade the student is enrolled in, and the 
distribution of grades those students receive; 
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‘‘(B) the number of students taking Ad-
vanced Placement or International Bacca-
laureate examination and the distribution of 
scores on those examinations by the grade the 
student is enrolled in at the time of the exam-
ination; 
‘‘(C) the number of teachers receiving 
training in teaching Advanced Placement or 
International Baccalaureate courses who will be 
teaching such courses in the next school year; 
‘‘(D) the number of teachers becoming 
qualified to teach Advanced Placement or Inter-
national Baccalaureate courses; and 
‘‘(E) the number of qualified teachers who 
are teaching Advanced Placement or Inter-
national Baccalaureate courses in a high-need 
school. 
‘‘(2) REPORTING OF DATA.—Each eligible enti-
ty receiving a grant under this section shall report 
data required under paragraph (1)— 
‘‘(A) disaggregated by subject area; 
‘‘(B) 
in 
the 
case 
of 
student 
data, 
disaggregated in the same manner as informa-
tion 
is 
disaggregated 
under 
section 
1111(b)(2)(C)(v); and 
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‘‘(C) to the extent feasible, in a manner 
that allows comparison of conditions before, 
during, and after the project. 
‘‘(k) EVALUATION AND REPORT.—From the amount 
made available for any fiscal year under subsection (l), 
the Secretary shall reserve such sums as may be nec-
essary— 
‘‘(1) to conduct an annual independent evalua-
tion, by grant or by contract, of the program carried 
out under this section, which shall include an assess-
ment of the impact of the program on student aca-
demic achievement; and 
‘‘(2) to prepare and submit an annual report on 
the results of the evaluation described in paragraph 
(1) to— 
‘‘(A) the Committee on Health, Education, 
Labor, and Pensions and the Committee on Ap-
propriations of the Senate; and 
‘‘(B) the Committee on Education and 
Labor and the Committee on Appropriations of 
the House of Representatives. 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2009 and 
each of the 4 succeeding fiscal years. 
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‘‘(m) NATIONAL ACTIVITIES.—The Secretary shall 
reserve up to 4 percent of the amount appropriated for 
a fiscal year under for this part to be used for the peer 
review of applications for grants under this part, as well 
as for research, evaluation and technical assistance.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for such part is amended to read as follows: 
‘‘PART G—ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE 
PROGRAMS 
‘‘Sec. 1701. Purpose. 
‘‘Sec. 1702. Definitions. 
‘‘Sec. 1703. Advanced placement and international baccalaureate programs.’’. 
SEC. 117. USE OF ADAPTIVE ASSESSMENTS. 
Section 1111 of the Elementary and Secondary Edu-
cation Act of 1965 is amended by adding at the end the 
following: 
‘‘(n) USE OF ADAPTIVE ASSESSMENTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this Act, a State may provide that the 
assessments to be used to measure student achieve-
ment by that State, and by the schools and local 
educational agencies of that State, shall be adaptive 
assessments that accurately assess student achieve-
ment above and below grade level while also meas-
uring grade-level performance. 
‘‘(2) DEFINITION.—For purposes of paragraph 
(1), an adaptive assessment is an assessment that 
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changes its difficulty according to the performance 
of a student but reports the outcome of the assess-
ment on a scale that is common to all students. 
‘‘(3) EVALUATION.—The State shall ensure 
that the protocol for evaluating the adaptive assess-
ments is included in peer review guidance docu-
ments.’’. 
Subtitle B—Striving Readers 
SEC. 121. STRIVING READERS. 
Part B of title I (20 U.S.C. 6361 et seq.) is amended 
by adding at the end the following: 
‘‘Subpart 5—Striving Readers 
‘‘SECTION 1261. SHORT TITLE. 
‘‘This subpart may be cited as the ‘Striving Readers 
Act of 2008’. 
‘‘SEC. 1262. PURPOSES. 
‘‘The purposes of this subpart are as follows: 
‘‘(1) To provide assistance to State educational 
agencies and local educational agencies in estab-
lishing adolescent reading programs for students in 
grades 4 through 12 that are based on scientifically 
based reading research, to improve student achieve-
ment and secondary school graduation and college 
readiness rates. 
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‘‘(2) To provide assistance to State educational 
agencies and local educational agencies in preparing 
teachers, 
including 
special 
education 
teachers, 
through professional development and other support, 
so the teachers can identify specific reading barriers 
facing their students and so the teachers have the 
tools to effectively help their students learn to read. 
‘‘(3) To provide assistance to State educational 
agencies and local educational agencies in selecting 
or administering screening, diagnostic, formative, 
and summative instructional reading assessments. 
‘‘(4) To provide assistance to State educational 
agencies and local educational agencies in selecting 
or developing effective instructional materials (in-
cluding classroom-based materials to assist teachers 
in implementing the essential components of reading 
instruction), programs, learning systems, and strate-
gies to implement methods that have been proven to 
prevent or remediate reading failure within a State. 
‘‘(5) To strengthen coordination among schools, 
reading programs, and family literacy programs to 
improve reading achievement for all children. 
‘‘SEC. 1263. DEFINITIONS. 
‘‘In this subpart: 
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‘‘(1) The terms ‘eligible professional develop-
ment provider’, ‘essential components of reading in-
struction’, ‘instructional staff’, ‘reading’, and ‘sci-
entifically based reading research’ have the meaning 
given the term in section 1208. 
‘‘(2) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the meaning given the 
term in section 602 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401). 
‘‘(3) DIAGNOSTIC ASSESSMENT.—The term ‘di-
agnostic assessment’ means an assessment that is— 
‘‘(A) valid, reliable, and based on literacy 
research; and 
‘‘(B) used for the purposes of— 
‘‘(i) identifying a student’s specific 
areas of strengths and weaknesses in lit-
eracy; 
‘‘(ii) determining any difficulties that 
the student may have in literacy and the 
potential cause of such difficulties; and 
‘‘(iii) helping to determine possible lit-
eracy intervention strategies for, and the 
related special needs of, the student. 
‘‘(4) 
FORMATIVE
ASSESSMENT.—The 
term 
‘formative assessment’ means an assessment that— 
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189 
‘‘(A) evaluates a student’s learning based 
on systematic observations by teachers of the 
student performing academic tasks that are 
part of the student’s daily classroom experience; 
‘‘(B) is used to improve instruction in lit-
eracy, including classroom instruction; and 
‘‘(C) causes the student to reflect on the 
student’s strengths and needs, and helps the 
student to internalize strategies for improving 
the student’s literacy skills. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
‘‘(6) 
SCREENING
ASSESSMENT.—The 
term 
‘screening assessment’ means an assessment that 
is— 
‘‘(A) valid, reliable, and based on scientif-
ically based reading research; and 
‘‘(B) a brief procedure designed as a first 
step in identifying children who may be at high 
risk for delayed development or academic fail-
ure and in need of further diagnosis of their 
need for special services or additional reading 
instruction. 
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‘‘(7) SPECIAL EDUCATION.—The term ‘special 
education’ has the meaning given the term in section 
602 of the Individuals with Disabilities Education 
Act (20 U.S.C. 1401). 
‘‘(8) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, and the Commonwealth of Puerto Rico. 
‘‘(9) 
SUMMATIVE
ASSESSMENT.—The 
term 
‘summative assessment’ means an assessment that 
evaluates a student’s learning based on a standard-
ized examination designed to measure literacy 
achievement. 
‘‘SEC. 1264. BASIC GRANT REQUIREMENTS. 
‘‘(a) GRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN
GENERAL.—For any fiscal year for 
which the funds appropriated under section 1271 
are less than $200,000,000, the Secretary shall— 
‘‘(A) reserve not more than a total of 1 
percent of such funds— 
‘‘(i) to award a contract under section 
1268 for a national evaluation of the grant 
programs assisted under this subsection; 
and 
‘‘(ii) for the dissemination of informa-
tion, resulting from the grant programs as-
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sisted under this subsection, in accordance 
with section 1269; and 
‘‘(B) use the funds not reserved under sub-
paragraph (A) to award grants, on a competi-
tive basis and in accordance with section 
1266(c), to local educational agencies (or con-
sortia of local educational agencies) described in 
paragraph 
(2) 
that 
apply 
under 
section 
1266(b), for the purpose of enabling the local 
educational agencies or consortia to carry out 
the authorized activities described in section 
1266(d). 
‘‘(2) ELIGIBILITY.—A local educational agency 
or consortium of local educational agencies shall only 
be eligible for a grant under this subsection if— 
‘‘(A) in the case of a single local edu-
cational agency, the local educational agency is 
eligible for assistance under part A; and 
‘‘(B) in the case of a consortium of local 
educational agencies, each local educational 
agency participating in the consortium is eligi-
ble for assistance under such part. 
‘‘(b) GRANTS TO STATE EDUCATIONAL AGENCIES.— 
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‘‘(1) IN
GENERAL.—For any fiscal year for 
which the funds appropriated under section 1271 
equal or exceed $200,000,000, the Secretary shall— 
‘‘(A) reserve not more than a total of 1 
percent of such funds or $3,000,000, whichever 
amount is less— 
‘‘(i) to award a contract under section 
1268 for a national evaluation of the State 
grant and subgrant programs assisted 
under this Act; and 
‘‘(ii) for the dissemination of informa-
tion, resulting from the State grant and 
subgrant programs assisted under this Act, 
in accordance with section 1269; 
‘‘(B) reserve 1⁄2 of 1 percent for allotments 
for the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of 
the Northern Mariana Islands, to be distributed 
among such outlying areas on the basis of their 
relative need, as determined by the Secretary in 
accordance with the purposes of this Act; 
‘‘(C) reserve 1⁄2 of 1 percent for the Sec-
retary of the Interior for programs under this 
Act in schools operated or funded by the Bu-
reau of Indian Affairs; and 
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‘‘(D) use the funds not reserved under sub-
paragraphs (A), (B), and (C) to award grants 
to State educational agencies, through allot-
ments under paragraph (2), to enable the State 
educational agencies to award subgrants to 
local educational agencies or consortia of local 
educational agencies for the implementation of 
adolescent reading initiatives in accordance with 
section 1266. 
‘‘(2) ALLOTMENT FORMULA.—From the funds 
made available under paragraph (1)(D) for a fiscal 
year and subject to paragraph (3), the Secretary 
shall allot to each State educational agency for the 
fiscal year an amount that bears the same ratio to 
such funds as the product of— 
‘‘(A) the number of children, aged 5 to 17, 
who reside within the State and are from fami-
lies below the poverty level, based on the most 
recent satisfactory data provided to the Sec-
retary by the Bureau of the Census for deter-
mining eligibility under section 1124(c)(1)(A) 
of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6333(c)(1)(A)); multi-
plied by 
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‘‘(B) the percentage of students in grade 8 
in the State who received a score below the 
basic level of achievement on the most recent 
grade 8 reading assessment conducted as part 
of the National Assessment of Educational 
Progress under section 303 of the National As-
sessment of Educational Progress Authorization 
Act (20 U.S.C. 9622) for which data are avail-
able, 
bears to the sum of all such products for all States. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) MINIMUM ALLOTMENT.—No State re-
ceiving an allotment under paragraph (2) may 
receive less than one-fourth of 1 percent of the 
total amount allotted under such paragraph. 
‘‘(B) SPECIAL RULES FOR PUERTO RICO.— 
In determining the allotment under paragraph 
(2) for Puerto Rico, the Secretary shall comply 
with the following: 
‘‘(i) USE
OF
NATIONAL
PERCENT-
AGE.—If Puerto Rico did not participate in 
the most recent grade 8 reading assess-
ment of the National Assessment of Edu-
cational Progress for which data are avail-
able, the Secretary shall use the national 
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percentage of students who received a 
score below the basic level of achievement 
on such assessment to calculate Puerto 
Rico’s allotment. 
‘‘(ii) LIMITATION
OF
ALLOTMENT 
PERCENTAGE.—Notwithstanding clause (i) 
or paragraph (2), in no case shall the Sec-
retary allot to Puerto Rico under para-
graph (2) for a fiscal year a percentage of 
the total amount available for all allot-
ments under paragraph (1)(D) that ex-
ceeds the percentage allotted to Puerto 
Rico of the total funds allotted to all 
States under part A of title I of the Ele-
mentary and Secondary Education Act of 
1965 (20 U.S.C. 6311 et seq.) for the pre-
ceding fiscal year. 
‘‘(c) DURATION OF GRANT OR SUBGRANT.—Each 
grant or subgrant awarded under subsection (b) shall be 
for a period of not more than 5 years. 
‘‘(d) PEER REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Director of the National Institute for 
Literacy, shall convene a peer review panel to evalu-
ate applications for each grant awarded to a State 
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educational agency under subsection (b)(1)(D), or to 
a 
local 
educational 
agency 
under 
subsection 
(a)(1)(B), using the evaluation criteria described in 
paragraph (2). 
‘‘(2) DEVELOPMENT
OF
EVALUATION
CRI-
TERIA.—The Secretary shall promulgate regulations, 
subject to notice and comment, establishing the cri-
teria that the peer review panel shall use to evaluate 
the grant applications under this section. 
‘‘(3) MEMBERSHIP.— 
‘‘(A) 
COMPOSITION.—The 
peer 
review 
panel convened under paragraph (1) shall be 
composed of not less than 12 members, of 
whom— 
‘‘(i) 3 shall be appointed by the Sec-
retary; 
‘‘(ii) 3 shall be appointed by the Sec-
retary from among persons recommended 
by the Director of the National Institute 
for Literacy and relevant education organi-
zations and professional associations with 
expertise in adolescent reading; 
‘‘(iii) 3 shall be appointed by the Sec-
retary from among persons recommended 
by the Chairman of the National Research 
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Council of the National Academy of 
Sciences; and 
‘‘(iv) 3 shall be appointed by the Sec-
retary from among persons recommended 
by the Director of the National Institute of 
Child Health and Human Development. 
‘‘(B) COMPETENCY AND EXPERTISE.— 
‘‘(i) COMPETENCY.—The Secretary 
shall ensure that each member of the peer 
review panel appointed under subpara-
graph (A) is competent, by virtue of the 
training, expertise, or experience of the 
member, to evaluate grant applications 
under this section. 
‘‘(ii) 
EXPERTISE.—The 
Secretary 
shall ensure that the peer review panel ap-
pointed under subparagraph (A) includes, 
at a minimum— 
‘‘(I) classroom teachers with ex-
pertise in reading and, including spe-
cial education teachers and teachers 
of students who are limited English 
proficient; 
‘‘(II) experts who provide profes-
sional development to individuals who 
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teach reading to children and adults 
based on scientifically based reading 
research; 
‘‘(III) experts who provide pro-
fessional development to other instruc-
tional staff based on scientifically 
based reading research; and 
‘‘(IV) an individual who has ex-
pertise in screening, diagnostic, and 
classroom-based instructional reading 
assessments. 
‘‘(iii) CONFLICT OF INTEREST.—The 
Secretary shall ensure that members of the 
peer review panel do not stand to benefit 
financially from grants awarded under this 
Act. 
‘‘(4) RECOMMENDATIONS.—The panel shall rec-
ommend grant applications from State educational 
agencies under this section to the Secretary for 
funding or for disapproval. 
‘‘(5) DISTRIBUTION OF RECOMMENDATIONS.— 
Not later than 120 days after the panel submits the 
panel’s recommendation regarding an application by 
a State educational agency or a local educational 
agency for a grant under this section to the Sec-
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retary, the Secretary shall notify the State edu-
cational agency or local educational agency that the 
application has been approved or disapproved and 
shall provide to such State educational agency or 
local educational agency a copy of the panel’s rec-
ommendation. 
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Grant funds 
awarded under this section shall supplement, and not sup-
plant, non-Federal funds that would, in the absence of 
such grant funds, be made available for the reading in-
struction of pupils participating in programs assisted 
under this Act. 
‘‘(f) MAINTENANCE OF EFFORT.—Each State edu-
cational agency that receives a grant under this section, 
and each local educational agency that receives a grant 
or subgrant under this section, shall maintain the expendi-
tures of the State educational agency or local educational 
agency, respectively, for reading instruction in grades 4 
through 12 at a level not less than the level of such ex-
penditures maintained by the State educational agency or 
local educational agency, respectively, for the fiscal year 
preceding the fiscal year for which the grant or subgrant 
is received. 
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‘‘SEC. 1265. STATE GRANTS. 
‘‘(a) STATE APPLICATIONS.—A State educational 
agency desiring to receive an allotment under section 
1264(b)(1)(D) shall submit an application to the Sec-
retary at such time, in such manner, and containing such 
information as the Secretary may require. Each such ap-
plication shall include— 
‘‘(1) an assurance from the State educational 
agency that the State educational agency has incor-
porated the following elements into the Reading and 
Literacy Partnerships authorized under section 
1203(d) of this Act. Such elements shall include— 
‘‘(A) building public support for a state-
wide focus on adolescent reading; 
‘‘(B) strengthening and aligning State 
reading standards with curricula, assessments, 
and high-quality professional development re-
quirements; 
‘‘(C) guiding local educational agencies 
and schools in the creation of adolescent read-
ing initiatives; 
‘‘(D) building educators’ capacity to pro-
vide adolescent reading instruction; 
‘‘(E) measuring and assessing progress in 
adolescent reading at the school, local edu-
cational agency, and State levels, using existing 
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data if such data are valid, appropriate, and ap-
proved by the Secretary; and 
‘‘(F) disseminating information on prom-
ising practices and progress in student reading 
achievement; 
‘‘(2) an assurance that the State educational 
agency, and any local educational agency receiving a 
subgrant from the State educational agency under 
section 1266, will, if requested, participate in the 
national evaluation under section 1268; 
‘‘(3) a description of how the State educational 
agency will assist local educational agencies with de-
veloping or identifying and using the formative, 
summative, screening and diagnostic assessments, 
teaching strategies and approaches, and instruc-
tional materials based on scientifically based reading 
research, including early intervention and reading 
remediation materials, programs, and approaches; 
‘‘(4) a description of how the State educational 
agency will ensure that professional development ac-
tivities related to reading instruction are coordinated 
with other Federal, State, and local level funds and 
used effectively to improve instructional practices for 
reading and based on scientifically based reading re-
search; 
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‘‘(5) a description of how the activities assisted 
under this subpart will address the needs of teachers 
and other instructional staff in implementing the es-
sential components of reading instruction; 
‘‘(6) a description of how the State educational 
agency will ensure that eligible local educational 
agencies receiving subgrants under this subpart will 
use practices based on scientifically based reading 
research; 
‘‘(7) a description of how the State educational 
agency will, to the extent practicable, made grants 
to eligible local educational agencies in both rural 
and urban areas; 
‘‘(8) a description of how the State educational 
agency will build on, and promote coordination 
among reading programs in the State (including fed-
erally funded programs such as programs under the 
Adult Education and Family Literacy Act, the Indi-
viduals with Disabilities Education Act, and subpart 
1 and 2) to increase the effectiveness of the pro-
grams in improving reading for adults and children 
and to avoid duplications of the efforts of the pro-
gram; 
‘‘(9) a description of how the State educational 
agency will assess and evaluate, on a regular basis, 
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eligible local educational agency activities assisted 
under this subpart, with respect to whether the ac-
tivities have been effective in achieving the purposes 
of the program; and 
‘‘(10) a description of how the State edu-
cational agency will address the reading needs of 
children with disabilities, and students who are lim-
ited English proficient, in grades 4 through 12 and 
how the State educational agency will provide profes-
sional development in adolescent reading instruction 
to special education teachers or teachers of students 
who are limited English proficient. 
‘‘(b) STATE DISTRIBUTION
OF FUNDS.—Of the 
amount allotted to a State educational agency under sec-
tion 1264(b)(1)(D), the State educational agency shall 
use— 
‘‘(1) not less than 95 percent of such amount 
to award subgrants under section 1266 and 
‘‘(2) not more than 5 percent of such amount 
to carry out the activities described in subsection (c) 
and to administer the program. 
‘‘(c) STATE ACTIVITIES.— 
‘‘(1) MANDATORY
ACTIVITIES.—A State edu-
cational agency that receives an allotment under sec-
tion 1264(b)(1)(D) shall use the funds made avail-
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able under subsection (b)(2) to carry out all of the 
following activities: 
‘‘(A) 
PROFESSIONAL
INSERVICE
AND 
PRESERVICE
DEVELOPMENT
AND
REVIEW.—A 
State educational agency may expend not more 
than 65 percent of the amount of the funds 
made available under paragraph (1)— 
‘‘(i) to develop and implement a pro-
gram of professional development for 
teachers, including special education teach-
ers, in grades 4 through 12 that will pre-
pare these teachers in all the essential 
components of reading instruction and 
shall include— 
‘‘(I) information on instructional 
materials, programs, strategies, and 
approaches based on scientifically 
based 
reading 
research, 
including 
early intervention and reading remedi-
ation materials, programs, and ap-
proaches; and 
‘‘(II) instruction in the use of 
screening, diagnostic, and classroom- 
based instructional reading assess-
ments and other scientifically based 
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procedures that effectively identify 
students who may be at risk for read-
ing failure or who are having dif-
ficulty reading; and 
‘‘(ii) 
to 
strengthen 
and 
enhance 
preservice courses for students preparing, 
at all public institutions of higher edu-
cation in the State, to teach grades 4 
through 12 by— 
‘‘(I) reviewing such courses to de-
termine whether the courses’ content 
is consistent with the findings of the 
most current scientifically based read-
ing research, including findings on the 
essential components of reading in-
struction; 
‘‘(II) following up such reviews 
with recommendations to ensure that 
such institutions offer courses that 
meet the highest standards; and 
‘‘(III) preparing a report on the 
results of such reviews, submitting the 
report to the reading and literacy 
partnership for the State established 
under section 1203(d) and all public 
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institutions of higher education in the 
State, and making the report available 
for public review by means of the 
Internet; and 
‘‘(iii) to make recommendations on 
how the State licensure and certification 
standards in the area of reading might be 
improved. 
‘‘(B) TECHNICAL ASSISTANCE FOR LOCAL 
EDUCATIONAL
AGENCIES
AND
SCHOOLS.—A 
State educational agency may expend not more 
than 25 percent of the amount of the funds 
made available under paragraph (1) for one or 
more of the following: 
‘‘(i) Assisting local educational agen-
cies in accomplishing the tasks required to 
design and implement a program under 
this subpart, including— 
‘‘(I) selecting and implementing a 
program or programs of reading in-
struction based on scientifically based 
reading research; 
‘‘(II) selecting screening, diag-
nostic, and classroom based instruc-
tional reading assessments; and 
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‘‘(III) identifying eligible profes-
sional development providers to help 
prepare reading teachers to teach de-
scribed in subclauses (I) and (II). 
‘‘(ii) Providing expanded opportunities 
to students in grades 4 through 12 who 
are served by eligible local educational 
agencies for receiving reading assistance 
from alternative providers that includes— 
‘‘(I) screening, diagnostic, and 
classroom-based instructional reading 
assessments; and 
‘‘(II) as need is indicated by the 
assessments under clause (I), instruc-
tion based on scientifically based read-
ing research that includes the essen-
tial components of reading instruc-
tion. 
‘‘(C) PLANNING, ADMINISTRATION, AND 
REPORTING.— 
‘‘(i) EXPENDITURE
OF
FUNDS.—A 
State educational agency may expend not 
more than 10 percent of the amount of 
funds made available under paragraph (1) 
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for the activities described in this para-
graph. 
‘‘(ii) PLANNING
AND
ADMINISTRA-
TION.—A State educational agency that re-
ceives a grant under this section may ex-
pend funds made available under clause (i) 
for planning and administration relating to 
the State uses of funds authorized under 
this subpart, including the following: 
‘‘(I) Administering the distribu-
tion of competitive subgrants to eligi-
ble local educational agencies. 
‘‘(II) Assessing and evaluating, 
on a regular basis, eligible local edu-
cational 
agency 
activities 
assisted 
under this subpart, with respect to 
whether they have been effective in in-
creasing the number of children in 
grades 4 through 12 served under this 
subpart who can read at or above 
grade level. 
‘‘(D) ANNUAL REPORTING.— 
‘‘(i) IN
GENERAL.—A State edu-
cational agency that receives a grant under 
this section shall expend funds made avail-
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able under subparagraph (A) to provide 
the Secretary annually with a report on the 
implementation of this subpart. 
‘‘(ii) INFORMATION INCLUDED.—Each 
report under this subparagraph shall in-
clude information on the following: 
‘‘(I) Evidence that the State edu-
cational agency is fulfilling its obliga-
tions under this subpart. 
‘‘(II) Specific identification of 
those schools and local educational 
agencies that report the largest gains 
in reading achievement. 
‘‘(III) The progress the State 
educational agency and local edu-
cational agencies within the State are 
making in reducing the number of 
students served under this subpart in 
grades 4 through 12 who are reading 
below grade level, as demonstrated by 
such information as teacher reports 
and school evaluations of mastery of 
the essential components of reading 
instruction. 
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‘‘(IV) Evidence on whether the 
State educational agency and local 
educational agencies within the State 
have significantly increased the num-
ber of students reading at grade level 
or above, significantly increased the 
percentages of students described in 
section 1111(b)(2)(C)(v)(II) who are 
reading at grade level or above, and 
successfully implemented this subpart. 
‘‘(iii) PRIVACY PROTECTION.—Data in 
the report shall be reported in a manner 
that protects the privacy of individuals. 
‘‘(iv) CONTRACT.—To the extent prac-
ticable, a State educational agency shall 
enter into a contract with an entity that 
conducts scientifically based reading re-
search, under which contract the entity will 
assist the State educational agency in pro-
ducing the reports required to be sub-
mitted under this subparagraph. 
‘‘(2) PERMISSIVE
ACTIVITIES.—A State edu-
cational agency that receives an allotment under sec-
tion 1264(b)(1)(D) may use the funds made avail-
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able under subsection (b)(2) to carry out any of the 
following activities: 
‘‘(A) Identifying providers of high-quality 
professional development for local educational 
agencies. 
‘‘(B) Training the personnel of local edu-
cational agencies to use data systems that track 
student reading achievement. 
‘‘(d) REVIEW.— 
‘‘(1) PROGRESS REPORT.— 
‘‘(A) SUBMISSION.—Not later than 60 
days after the termination of the third year and 
fifth year of the grant period, each State edu-
cational agency receiving a grant under this 
section shall submit a progress report to the 
Secretary. 
‘‘(B) 
INFORMATION
INCLUDED.—The 
progress report shall include information on the 
progress the State educational agency and local 
educational agencies within the State are mak-
ing in reducing the number of students served 
under this subpart in grades 4 through 12 who 
are reading below grade level (as demonstrated 
by such information as teacher reports and 
school evaluations of mastery of the essential 
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components of reading instruction). The report 
shall also include evidence from the State edu-
cational agency and local educational agencies 
within the State that the State educational 
agency and the local educational agencies have 
significantly increased the number of students 
reading at grade level or above, significantly in-
creased the percentages of students described in 
section 1111(b)(2)(C)(v)(II) who are reading at 
grade level or above, and successfully imple-
mented this subpart. 
‘‘(2) PEER REVIEW.—The progress report de-
scribed in paragraph (1) shall be reviewed by the 
peer review panel convened under section 1264(d). 
‘‘(e) FUNDS NOT USED FOR STATE LEVEL ACTIVI-
TIES.—Any portion of funds described in subsection (c)(1) 
that a State educational agency does not expend in accord-
ance with subsection (c)(1) shall be expended for the pur-
pose of making subgrants in accordance with section 
1266. 
‘‘SEC. 1266. GRANTS AND SUBGRANTS TO LOCAL EDU-
CATIONAL AGENCIES. 
‘‘(a) SUBGRANTS AUTHORIZED.—A State receiving 
an allotment under section 1264(b)(1)(D) shall use funds 
made available under section 1265(b)(1) to award sub-
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grants, on a competitive basis, to local educational agen-
cies and consortia of local educational agencies to enable 
the local educational agencies and consortia to carry out 
the authorized activities described in subsection (d). 
‘‘(b) APPLICATIONS.—A local educational agency or 
consortium desiring to receive a grant or subgrant under 
this Act shall submit an application to the Secretary or 
the State educational agency (as appropriate) at such 
time, in such manner, and containing such information as 
the Secretary or the State educational agency, respec-
tively, may require. Such application shall include the in-
formation described in section 1265(a)(2) through (10). 
‘‘(c) AWARD BASIS.— 
‘‘(1) PRIORITY.— 
‘‘(A) IN GENERAL.—The Secretary or the 
State educational agency, as appropriate, shall 
give priority to awarding a grant or subgrant 
under this subpart to a local educational agency 
or consortium, on the basis of the factors de-
scribed in subparagraph (B). 
‘‘(B) FACTORS.—The factors referred to in 
subparagraph (A) are— 
‘‘(i) the number of children aged 5 to 
17 served by the local educational agency 
or consortium who are from families below 
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214 
the poverty level, based on the most recent 
satisfactory data provided to the Secretary 
by the Bureau of the Census for deter-
mining 
eligibility 
under 
section 
1124(c)(1)(A); 
‘‘(ii) the number or percentage of stu-
dents in grades 4 through 12 served by the 
local educational agency or consortium who 
are reading or writing below grade level; 
and 
‘‘(iii) the total number or percentage 
of schools served by the local educational 
agency or consortium that— 
‘‘(I) enroll students in any of the 
grades 4 through 12; and 
‘‘(II) were identified for school 
improvement, corrective action, or re-
structuring under paragraph (1), (7), 
or (8) of section 1116(b) for the pre-
ceding academic year. 
‘‘(2) AMOUNT OF THE GRANT.—In determining 
the amounts of the grant or subgrant awards under 
this subpart, the Secretary or the State educational 
agency, as applicable, shall— 
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‘‘(A) provide funds in sufficient size and 
scope to enable the local educational agency or 
consortium receiving a grant or subgrant to im-
prove adolescent literacy instruction; and 
‘‘(B) provide funds in an amount related 
to the number or percentage of students in 
grades 4 through 12 served by the local edu-
cational agency or consortium who are reading 
below grade level. 
‘‘(d) LOCAL AUTHORIZED ACTIVITIES.— 
‘‘(1) MANDATORY
ACTIVITIES.—A local edu-
cational agency or consortium that receives a grant 
or subgrant under this subpart shall use the grant 
or subgrant funds to carry out all of the following 
activities for students in grades 4 through 12: 
‘‘(A) 
Selecting 
and 
administering 
screenings, diagnostic assessments, formative 
assessments, and summative assessments. 
‘‘(B) Selecting and implementing a learn-
ing system or program of reading instruction 
based on scientifically based reading research 
that— 
‘‘(i) includes the essential components 
of reading instruction; and 
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‘‘(ii) provides such instruction to the 
children in kindergarten grades 4 through 
12 in the schools served by the eligible 
local educational agency, including children 
who— 
‘‘(I) may have reading difficul-
ties; 
‘‘(II) are at risk of being referred 
to special education based on these 
difficulties; 
‘‘(III) have been evaluated under 
section 614 of the Individuals with 
Disabilities Education Act but, in ac-
cordance with section 614(b)(5) of 
that Act, have not been identified as 
being a child with a disability (as de-
fined in section 602 of that Act); 
‘‘(IV) are being served under 
such Act primarily due to being iden-
tified as being a child with a specific 
learning disability (as defined in sec-
tion 602 of that Act) related to read-
ing; 
‘‘(V) are deficient in the essential 
components of reading skills, as listed 
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in subparagraphs (A) through (E) of 
section 1208(3); or 
‘‘(VI) are identified as having 
limited English proficiency. 
‘‘(C) Procuring and implementing instruc-
tional materials, including education technology 
such as software and other digital curricula, 
that are based on scientifically based reading 
research. 
‘‘(D) Providing professional development 
for teachers in grades 4 through 12, and special 
education teachers in grades 4 through 12, 
that— 
‘‘(i) will prepare these teachers in all 
of the essential components of reading in-
struction; 
‘‘(ii) shall include— 
‘‘(I) information on instructional 
materials, programs, strategies, and 
approaches based on scientifically 
based 
reading 
research, 
including 
early intervention, classroom reading 
materials, and remedial programs and 
approaches; and 
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‘‘(II) instruction in the use of 
screening, diagnostic, and classroom- 
based instructional reading assess-
ments and other procedures that ef-
fectively identify students who may be 
at risk for reading failure or who are 
having difficulty reading; 
‘‘(iii) shall be provided by eligible pro-
fessional development providers; and 
‘‘(iv) will assist teachers in becoming 
highly qualified in reading instruction in 
accordance with the requirements of sec-
tion 1119. 
‘‘(E) Collecting and summarizing data— 
‘‘(i) to document the effectiveness of 
activities carried out under this subpart in 
individual schools and in the local edu-
cational agency as a whole; and 
‘‘(ii) to stimulate and accelerate im-
provement by identifying the schools that 
produce 
significant 
gains 
in 
reading 
achievement. 
‘‘(F) Reporting data for all students and 
categories of students described in section 
1111(b)(2)(C)(v)(II). 
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‘‘(G) Promoting reading and library pro-
grams that provide access to engaging reading 
material, including coordination with programs 
funded through grants received under subpart 
4, where applicable. 
‘‘(H) In the case of a local educational 
agency or consortium receiving a grant under 
section 1264(a)(1)(B), submitting to the Sec-
retary, not later than 60 days after the termi-
nation of the third year and the fifth year of 
the grant period, a progress report that con-
tains the information described in section 
1265(c)(1)(D)(i) with respect to the local edu-
cational agency, which report shall be reviewed 
by the peer review panel convened under section 
1264(d). 
‘‘(2) PERMISSIVE
ACTIVITIES.—A local edu-
cational agency or consortium that receives a grant 
or subgrant under this subpart may use the grant 
or subgrant funds to carry out any of the following 
activities for students in grades 4 through 12: 
‘‘(A) Providing training in the essential 
components of reading instruction to a parent 
or other individual who volunteers to be a stu-
dent’s reading tutor, to enable such parent or 
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individual to support instructional practices 
that are based on scientifically based reading 
research and are being used by the student’s 
teacher. 
‘‘(B) Assisting parents, through the use of 
materials and reading programs, strategies, and 
approaches (including family literacy services) 
that are based on scientifically based reading 
research, to encourage reading and support 
their child’s reading development. 
‘‘(3) LIMITATION
TO
CERTAIN
SCHOOLS.—A 
local educational agency receiving a subgrant under 
subsection (a) shall, in distributing subgrant funds 
under this subsection, provide funds only to schools 
that both— 
‘‘(A) are among the schools served by the 
local educational agency with the highest per-
centages or numbers of students in grades 4 
through 12 reading below grade level, based on 
the most currently available data; and 
‘‘(B)(i) are identified for school improve-
ment and assistance or redesign under section 
1116; or 
‘‘(ii) have the highest percentages or num-
bers of children counted under section 1124(c). 
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221 
‘‘(e) LOCAL PLANNING AND ADMINISTRATION.—An 
eligible local educational agency that receives a subgrant 
under this subsection may use not more than 3.5 percent 
of the funds provided under the subgrant for planning and 
administration. 
‘‘SEC. 1267. CONSEQUENCES OF INSUFFICIENT PROGRESS. 
‘‘(a) CONSEQUENCES FOR GRANT RECIPIENTS.—If 
the Secretary determines that a State educational agency 
receiving a grant under section 1264(b)(1)(D) or a local 
educational agency or consortium receiving a grant under 
section 1264(a)(1)(B) is not making significant progress 
in meeting the purposes of this Act after the submission 
of a progress report described in section 1265(c)(1)(D) or 
section 1266(d)(1)(F), respectively, then the Secretary 
may withhold, in whole or in part, further payments under 
this Act in accordance with section 455 of the General 
Education Provisions Act (20 U.S.C. 1234d) or take such 
other action authorized by law as the Secretary determines 
necessary, including providing technical assistance upon 
request of the State educational agency, local educational 
agency, or consortium, respectively. 
‘‘(b) CONSEQUENCES FOR SUBGRANT RECIPIENTS.— 
A State educational agency receiving a grant under section 
1264(b)(1)(D) may refuse to award subgrant funds to a 
local educational agency or consortium under section 
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1266(a) if the State educational agency finds that the 
local educational agency or consortium is not making sig-
nificant progress in meeting the purposes of this subpart, 
after— 
‘‘(1) providing technical assistance to the local 
educational agency or consortium; and 
‘‘(2) affording the local educational agency or 
consortium notice and an opportunity for a hearing. 
‘‘SEC. 1268. NATIONAL EVALUATION. 
‘‘(a) IN GENERAL.—From amounts reserved under 
subsection (a)(1) or (b)(1) (as the case may be) of section 
1264, the Secretary shall enter into a contract with an 
independent organization to perform a 5-year evaluation 
of the grant and subgrant programs assisted under this 
Act. Such evaluation shall include research that applies 
rigorous, systematic, and objective procedures to obtain 
valid knowledge relevant to reading development, reading 
and writing instruction, and reading and writing difficul-
ties; and includes research that employs experimental, 
quasi-experimental, and qualitative research methods in-
volving rigorous data analyses that are adequate to test 
the stated hypotheses and justify the general conclusions 
drawn. 
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‘‘(b) CONTENTS OF EVALUATION.—The evaluation 
described in subsection (a) shall include an analysis of 
each of the following: 
‘‘(1) An analysis of the relationship between 
each of the essential components of reading instruc-
tion and overall reading proficiency. 
‘‘(2) An analysis of whether assessment tools 
used by State educational agencies and local edu-
cational agencies measure the essential components 
of reading. 
‘‘(3) An analysis of how State reading stand-
ards correlate with the essential components of read-
ing instruction. 
‘‘(4) A measurement of the extent to which spe-
cific instructional materials improve reading pro-
ficiency. 
‘‘(5) A measurement of the extent to which spe-
cific screening, diagnostic, and classroom-based in-
structional reading assessments assist teachers in 
identifying specific reading deficiencies. 
‘‘(6) A measurement of the extent to which pro-
fessional development programs implemented by 
State educational agencies using funds received 
under this subpart improve reading instruction. 
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‘‘(7) A measurement of how well students pre-
paring to enter the teaching profession are prepared 
to teach the essential components of reading instruc-
tion. 
‘‘(8) An analysis of changes in students’ inter-
est in reading and time spent reading outside of 
school. 
‘‘(9) Any other analysis or measurement perti-
nent to this subpart that is determined to be appro-
priate by the Secretary. 
‘‘(c) PROGRAM IMPROVEMENT.—The findings of the 
evaluation conducted under this section shall be provided 
to State educational agencies and local educational agen-
cies on a periodic basis for use in program improvement. 
‘‘SEC. 1269. INFORMATION DISSEMINATION. 
‘‘From amounts reserved under subsection (a)(1) or 
(b)(1) (as the case may be) of section 5, the Director of 
the National Institute for Literacy, in collaboration with 
the Secretary, the regional educational laboratories estab-
lished under part D of the Education Sciences Reform Act 
of 2002 (20 U.S.C. 9561 et seq.), and the Director of the 
National Institute of Child Health and Human Develop-
ment, shall distribute information on adolescent reading 
instruction, including— 
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225 
‘‘(1) disseminate information on scientifically 
based reading research pertaining to children, youth, 
and adults; 
‘‘(2) identify and disseminate information about 
schools, local educational agencies, and State edu-
cational agencies that have effectively developed and 
implemented classroom reading programs that meet 
the requirements of this subpart, including those 
State educational agencies, local educational agen-
cies, and schools that have been identified as effec-
tive through the evaluation and peer review provi-
sions of this subpart; and 
‘‘(3) support the continued identification and 
dissemination of information on reading programs 
that contain the essential components of reading in-
struction as supported by scientifically based reading 
research, that can lead to improved reading out-
comes for children, youth, and adults. 
‘‘SEC. 1270. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘Nothing in this subpart shall be construed to au-
thorize an officer, employee, or contractor of the Federal 
Government to mandate, direct, limit, or control a State, 
local educational agency, or school’s specific instructional 
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content, academic achievement standards and assess-
ments, curriculum, or program of instruction. 
‘‘SEC. 1271. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart such sums as may be necessary for each of 
fiscal years 2009 through 2012.’’. 
TITLE II—RECRUITING TEACH-
ERS 
FOR 
UNDERSERVED 
URBAN AND RURAL UNITED 
STATES COMMUNITIES 
SEC. 201. PURPOSES. 
The purposes of this part are— 
(1) to raise the number of highly accomplished 
recent college graduates teaching in underserved 
urban and rural communities in the United States; 
(2) to increase the number of school districts 
and communities served by a nationally recruited 
corps of outstanding new teachers; and 
(3) to build a broader pipeline of talented and 
experienced future leaders in public education and 
education reform. 
SEC. 202. DEFINITIONS. 
In this part: 
(1) IN
GENERAL.—The terms ‘‘highly quali-
fied’’, ‘‘local educational agency’’, and ‘‘Secretary’’ 
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have the meanings given the terms in section 9101 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
(2) GRANTEE.—The term ‘‘grantee’’ means 
Teach For America, Inc. 
(3) HIGH NEED.—The term ‘‘high need’’, when 
used with respect to a local educational agency, 
means a local educational agency in which a sub-
stantial percentage of students are eligible for free 
or reduced price meals through the Richard B. Rus-
sell National School Lunch Act (42 U.S.C. 1751 et 
seq.). 
SEC. 203. GRANT PROGRAM AUTHORIZED. 
The Secretary is authorized to award a grant to 
Teach For America, Inc., the national corps of out-
standing recent college graduates who commit to teach for 
2 years in underserved communities in the United States, 
to implement and expand its program of recruiting, select-
ing, training, and supporting new teachers. 
SEC. 204. GRANT REQUIREMENTS. 
In carrying out the grant program under this part, 
the Secretary shall enter into an agreement with the 
grantee under which the grantee agrees to use the grant 
funds— 
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(1) to provide highly qualified teachers to high 
need local educational agencies in urban and rural 
communities; 
(2) to pay the cost of recruiting, selecting, 
training, and supporting new teachers; and 
(3) to serve a substantial number of students 
who are eligible for free or reduced price meals 
through the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1751 et seq.). 
SEC. 205. AUTHORIZED ACTIVITIES. 
Grant funds provided under this part shall be used 
by the grantee to carry out each of the following activities: 
(1) Recruiting and selecting teachers through a 
highly-selective national process. 
(2) Providing preservice training to selected 
teachers through a rigorous summer institute that 
includes hands-on teaching experience and signifi-
cant exposure to education coursework and theory. 
(3) Placing selected teachers in schools and po-
sitions in high need local education agencies. 
(4) Providing ongoing professional development 
activities for the selected teachers in the classroom, 
including regular classroom observations and feed-
back, and ongoing training and support. 
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229 
SEC. 206. EVALUATION. 
(a) ANNUAL REPORT.—The grantee shall provide to 
the Secretary an annual report that includes— 
(1) data on the number and characteristics of 
the teachers provided to local educational agencies 
through the grant under this part; 
(2) an externally conducted analysis of the sat-
isfaction of local educational agencies and principals 
with the teachers so provided; and 
(3) comprehensive data on the background of 
the selected teachers, the training such teachers re-
ceived, the placement sites of the teachers, the pro-
fessional development of the teachers, and the reten-
tion of the teachers. 
(b) STUDY.—From funds appropriated under this 
legislation, the Secretary shall provide for a study com-
paring the academic achievement of students taught by 
the teachers selected, trained, and placed under this part 
with the academic achievement of students taught by other 
teachers in the same schools and positions. The Secretary 
shall provide for such a study not less than once every 
3 years, and each such study shall include multiple local 
education agencies. Each such study shall meet the peer- 
review standards of the education research community. 
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230 
SEC. 207. PARTICIPATION AGREEMENT AND FINANCIAL AS-
SISTANCE UNDER TROOPS TO TEACHERS 
PROGRAM. 
Section 2304 of the Elementary and Secondary Edu-
cation Act of 1965 is amended in subsection (a)(1)(B) by 
striking ‘‘for not less than 3 school years’’ and all that 
follows through the period at the end and inserting the 
following: ‘‘for not less than 3 school years, to begin the 
school year after obtaining that certification or licensing, 
with a high-need local educational agency or public charter 
school, as such terms are defined in section 2102 or, if 
there is no high-need local educational agency or public 
charter school for which the member is qualified to teach 
within a 50-mile radius of the member’s residence, then 
under circumstances covered by section 2302(b)(2).’’. 
SEC. 208. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act such sums as may be necessary. 
SEC. 209. NEW PART E (CIVIC EDUCATION; TRANSFERRED 
FROM TITLE II). 
(a) NEW PART.—Title V is amended by adding at 
the end the following: 
‘‘PART E—CIVIC EDUCATION’’. 
(b) TRANSFER FROM TITLE II.—Sections 2341 
through 2346 (20 U.S.C. 6711 through 6716), as in effect 
immediately before the enactment of this Act, are— 
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(1) transferred to part E of title V; 
(2) added after the part heading; and 
(3) redesignated as 5701 through 5706, respec-
tively. 
(c) CONFORMING CHANGES.—Part E of title V is fur-
ther amended— 
(1) in each of sections 5701, 5702, and 5706 
(as so redesignated) by striking ‘‘subpart’’ and in-
serting ‘‘part’’; and 
(2) by striking ‘‘2343’’, ‘‘2344’’, ‘‘2345’’, and 
‘‘2346’’ each place such term appears (including 
where it appears as part of a longer citation, such 
as in ‘‘2343(a)(1)’’) and inserting ‘‘5703’’, ‘‘5704’’, 
‘‘5705’’, and ‘‘5706’’, respectively. 
(d) GENERAL AUTHORITY.—Section 5703 (formerly 
2343; 20 U.S.C. 6713) is further amended in subsection 
(a)(3)— 
(1) by striking ‘‘government education and eco-
nomic education’’ and inserting ‘‘government edu-
cation or economic education’’; and 
(2) by inserting after ‘‘civic education’’ the fol-
lowing: ‘‘or economic education’’. 
(e) WE THE PEOPLE PROGRAM.—Section 5704 (for-
merly 2344; 20 U.S.C. 6714) is further amended— 
(1) in subsection (a)(1)(B)— 
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232 
(A) in clause (ii) by striking ‘‘and’’ at the 
end; 
(B) in clause (iii) by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(iv) to provide civic education mate-
rials and services to address the needs of 
Native Americans; and 
‘‘(v) to implement a comprehensive 
program to improve public knowledge, un-
derstanding, and support of American 
democratic institutions.’’; and 
(2) in subsection (b)(1)— 
(A) in subparagraph (A)(iii) by striking 
‘‘middle school level’’ and inserting ‘‘middle and 
secondary school levels’’; and 
(B) in subparagraph (B)— 
(i) in clause (iii) by striking ‘‘and’’ at 
the end; 
(ii) in clause (iv) by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(v) to provide civic education mate-
rials and services to address the needs of 
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233 
Native Americans, immigrants, new citi-
zens, and other postsecondary and adult 
populations.’’. 
(f) COOPERATIVE CIVIC EDUCATION AND ECONOMIC 
EDUCATION EXCHANGE PROGRAMS.—Section 5705 (for-
merly 2345; 20 U.S.C. 6715) is further amended in sub-
section (g) by striking ‘‘and any developing country’’ and 
all that follows through the period at the end and inserting 
‘‘and any other developing country if the Secretary of 
State concurs with the Secretary that conducting such ac-
tivities in such developing country is consistent with the 
goals of achieving a political culture supportive of demo-
cratic values, principles, and institutions.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
5706 (formerly 2346; 20 U.S.C. 6716) is further amended 
by striking ‘‘$30,000,000 for fiscal year 2002’’ and all 
that follows through the period at the end and inserting 
‘‘such sums as may be necessary for each fiscal year.’’. 
TITLE III—HOMELESS 
EDUCATION 
SEC. 301. EDUCATION FOR HOMELESS CHILDREN AND 
YOUTHS. 
Subtitle B of title VII of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11431 et seq.) is amended 
to read as follows: 
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‘‘Subtitle B—Education for 
Homeless Children and Youths 
‘‘SEC. 721. STATEMENT OF POLICY. 
‘‘The following is the policy of Congress: 
‘‘(1) Each State and local educational agency 
shall ensure that each child of a homeless individual 
and each homeless youth has equal access to the 
same free, appropriate public education, including 
State-funded or local educational agency-funded pre-
school programs, as provided to other children and 
youths. 
‘‘(2) In any State or local educational agency 
where compulsory residency requirements or other 
requirements of laws, regulations, practices, or poli-
cies may act as a barrier to the enrollment, attend-
ance, or success in school or in State-funded or local 
educational agency-funded preschool programs of 
homeless children and youths, the State, and local 
educational agencies, will review and revise such 
laws, regulations, practices, or policies to ensure that 
homeless children and youths are afforded the same 
free, appropriate public education as provided to 
other children and youths. 
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‘‘(3) Homelessness alone is not sufficient reason 
to separate students from the mainstream school en-
vironment. 
‘‘(4) Homeless children and youths should have 
access to the education and other services, including 
transportation services to assist with school readi-
ness, success, and maintaining school stability, that 
such children and youths need to ensure that such 
children and youths have an opportunity to meet the 
same challenging State student academic achieve-
ment standards to which all students are held. 
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
‘‘(a) GENERAL AUTHORITY.—The Secretary is au-
thorized to make grants to States in accordance with the 
provisions of this section to enable such States to carry 
out the activities described in subsections (d) through (g). 
‘‘(b) APPLICATION.—No State may receive a grant 
under this section unless the State educational agency 
submits an application to the Secretary at such time, in 
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require. 
‘‘(c) ALLOCATION AND RESERVATIONS.— 
‘‘(1) ALLOCATION.— 
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236 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary is authorized to allot 
to each State an amount that bears the same 
ratio to the amount appropriated for such year 
under section 726 that remains after the Sec-
retary reserves funds under paragraph (2) and 
uses funds to carry out subsections (d) and (h) 
of section 724, as the amount allocated under 
section 1122 of the Elementary and Secondary 
Education Act of 1965 to the State for that 
year bears to the total amount allocated under 
section 1122 of such Act to all States for that 
year, except that no State shall receive less 
than the greater of— 
‘‘(i) $300,000; or 
‘‘(ii) one-fourth of one percent of the 
amount appropriated under section 726 for 
that year; 
‘‘(B) RATABLE REDUCTION FOR INSUFFI-
CIENT FUNDS.—If there are insufficient funds 
in a fiscal year to allot to each State the min-
imum amount under subparagraph (A), the 
Secretary shall ratably reduce the allotments to 
all States based on the proportionate share that 
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237 
each State received under this subsection for 
the preceding fiscal year. 
‘‘(2) RESERVATIONS.—(A) The Secretary is au-
thorized to reserve 0.1 percent of the amount appro-
priated for each fiscal year under section 726 to be 
allocated by the Secretary among the United States 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, ac-
cording to their respective need for assistance under 
this subtitle, as determined by the Secretary. 
‘‘(B)(i) The Secretary shall transfer one percent 
of the amount appropriated for each fiscal year 
under section 726 to the Department of the Interior 
for programs for Indian students served by schools 
funded by the Secretary of the Interior, as deter-
mined under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.), 
that are consistent with the purposes of the pro-
grams described in this subtitle. 
‘‘(ii) The Secretary and the Secretary of the In-
terior shall enter into an agreement, consistent with 
the requirements of this subtitle, for the distribution 
and use of the funds described in clause (i) under 
terms that the Secretary determines best meet the 
purposes of the programs described in this subtitle. 
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238 
Such agreement shall set forth the plans of the Sec-
retary of the Interior for the use of the amounts 
transferred, including appropriate goals, objectives, 
and milestones. 
‘‘(3) STATE DEFINED.—For purposes of this 
subsection, the term ‘State’ does not include the 
United States Virgin Islands, Guam, American 
Samoa, or the Commonwealth of the Northern Mar-
iana Islands. 
‘‘(d) ACTIVITIES.—Grants under this section shall be 
used for the following: 
‘‘(1) To carry out the policies set forth in sec-
tion 721 in the State. 
‘‘(2) To provide activities for, and services to, 
homeless children and youths that enable such chil-
dren and youths to enroll in, attend, and succeed in 
school, including in State-funded and local edu-
cational agency-funded preschool programs. 
‘‘(3) To establish or designate an Office of Co-
ordinator for Education of Homeless Children and 
Youths in the State educational agency that has suf-
ficient capacity to carry out the duties described in 
this subtitle. 
‘‘(4) To prepare and carry out the State plan 
described in subsection (g). 
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‘‘(5) To develop and implement professional de-
velopment activities for liaisons designated under 
subsection (g)(1)(J)(ii), and school personnel (that 
may include personnel at community agencies that 
provide services to homeless children and youth) to 
heighten their awareness of, and capacity to respond 
to, specific problems in the education of homeless 
children and youths. 
‘‘(e) STATE AND LOCAL SUBGRANTS.— 
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 
From the sums made available each year to carry 
out this subtitle, the State educational agency shall 
distribute not less than 75 percent in subgrants to 
local educational agencies for the purposes of car-
rying out section 723. 
‘‘(2) USE BY STATE EDUCATIONAL AGENCY.— 
A State educational agency may use funds made 
available for State use under this subtitle to conduct 
activities under subsection (f) directly or through 
grants or contracts. 
‘‘(3) PROHIBITION ON SEGREGATING HOMELESS 
STUDENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) and section 723(a)(2)(B)(ii), 
in providing a free public education to a home-
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less child or youth, no State receiving funds 
under this subtitle shall segregate such child or 
youth in a separate school, or in a separate pro-
gram within a school, based on such child’s or 
youth’s status as homeless. 
‘‘(B) EXCEPTION.—Notwithstanding sub-
paragraph (A), paragraphs (1)(J)(i) and (3) of 
subsection (g), section 723(a)(2), and any other 
provision of this subtitle relating to the place-
ment of homeless children or youths in schools, 
a State that has a separate school for homeless 
children or youths that was operated in fiscal 
year 2000 in a covered county shall be eligible 
to receive funds under this subtitle for pro-
grams carried out in such school if— 
‘‘(i) the school meets the requirements 
of subparagraph (C); 
‘‘(ii) any local educational agency 
serving a school that the homeless children 
and youths enrolled in the separate school 
are eligible to attend meets the require-
ments of subparagraph (E); and 
‘‘(iii) the State is otherwise eligible to 
receive funds under this subtitle. 
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241 
‘‘(C) SCHOOL
REQUIREMENTS.—For the 
State to be eligible under subparagraph (B) to 
receive funds under this subtitle, the school de-
scribed in such subparagraph shall— 
‘‘(i) provide written notice, at the time 
any child or youth seeks enrollment in such 
school, and at least twice annually while 
the child or youth is enrolled in such 
school, to the parent or guardian of the 
child or youth (or, in the case of an unac-
companied youth, the youth) that— 
‘‘(I) shall be signed by the parent 
or guardian (or, in the case of an un-
accompanied youth, the youth); 
‘‘(II) sets forth the general rights 
provided under this subtitle; 
‘‘(III) specifically states— 
‘‘(aa) the choice of schools 
homeless children and youths are 
eligible to attend, as provided in 
subsection (g)(3)(A); 
‘‘(bb) that no homeless child 
or youth is required to attend a 
separate school for homeless chil-
dren or youths; 
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242 
‘‘(cc) that homeless children 
and youths shall be provided 
comparable services described in 
subsection 
(g)(4), 
including 
transportation 
services, 
edu-
cational 
services, 
and 
meals 
through school meals programs; 
and 
‘‘(dd) that homeless children 
and youths should not be stig-
matized by school personnel; and 
‘‘(IV) provides contact informa-
tion for the local educational agency 
liaison and the Coordinator for Edu-
cation of Homeless Children and 
Youths in the State; 
‘‘(ii)(I) provide assistance to the par-
ent or guardian of each homeless child or 
youth (or, in the case of an unaccompanied 
youth, the youth) to exercise the right to 
attend the parent’s or guardian’s (or 
youth’s) choice of schools, as provided in 
subsection (g)(3)(A); and 
‘‘(II) coordinate with the local edu-
cational agency with jurisdiction for the 
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243 
school selected by the parent or guardian 
(or youth), to provide transportation and 
other necessary services; 
‘‘(iii) ensure that the parent or guard-
ian (or, in the case of an unaccompanied 
youth, the youth) shall receive the informa-
tion required by this subparagraph in a 
manner and form understandable to such 
parent or guardian (or youth), including, if 
necessary and to the extent feasible, in the 
native language of such parent or guardian 
(or youth); and 
‘‘(iv) demonstrate in the school’s ap-
plication for funds under this subtitle that 
such school— 
‘‘(I) is complying with clauses (i) 
and (ii); and 
‘‘(II) is meeting (as of the date 
of submission of the application) the 
same Federal and State standards, 
regulations, and mandates as other 
public schools in the State (such as 
complying with sections 1111 and 
1116 of the Elementary and Sec-
ondary Education Act of 1965 and 
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244 
providing a full range of education 
and related services, including services 
applicable to students with disabil-
ities). 
‘‘(D) SCHOOL INELIGIBILITY.—A separate 
school described in subparagraph (B) that fails 
to meet the standards, regulations, and man-
dates described in subparagraph (C)(iv)(II) 
shall not be eligible to receive funds under this 
subtitle for programs carried out in such school 
after the first date of such failure. 
‘‘(E) LOCAL
EDUCATIONAL
AGENCY
RE-
QUIREMENTS.—For the State to be eligible to 
receive the funds described in subparagraph 
(B), the local educational agency described in 
subparagraph (B)(ii) shall— 
‘‘(i) implement a coordinated system 
for ensuring that homeless children and 
youths— 
‘‘(I) are advised of the choice of 
schools 
provided 
in 
subsection 
(g)(3)(A); 
‘‘(II) are immediately enrolled, in 
accordance with subsection (g)(3)(C), 
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in the school selected under subsection 
(g)(3)(A); and 
‘‘(III) are promptly provided nec-
essary services described in subsection 
(g)(4), including transportation, to 
allow homeless children and youths to 
exercise their choices of schools under 
subsection (g)(3)(A); 
‘‘(ii) document that written notice has 
been provided— 
‘‘(I) in accordance with subpara-
graph (C)(i) for each child or youth 
enrolled in a separate school under 
subparagraph (B); and 
‘‘(II) in accordance with sub-
section (g)(6)(A)(v); 
‘‘(iii) prohibit schools within the agen-
cy’s jurisdiction from referring homeless 
children or youths to, or requiring home-
less children and youths to enroll in or at-
tend, a separate school described in sub-
paragraph (B); 
‘‘(iv) identify and remove any barriers 
that exist in schools within the agency’s ju-
risdiction that may have contributed to the 
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‘‘(III) the progress the separate 
schools are making in integrating 
homeless children and youths into the 
mainstream school environment, in-
cluding the average length of student 
enrollment in such schools. 
‘‘(ii) COMPLIANCE
WITH
INFORMA-
TION
REQUESTS.—For purposes of ena-
bling the Secretary to prepare the report, 
the separate schools and local educational 
agencies shall cooperate with the Secretary 
and the Coordinator for Education of 
Homeless Children and Youths established 
in the State under subsection (d)(3), and 
shall comply with any requests for infor-
mation by the Secretary and State Coordi-
nator for such State. 
‘‘(iii) SUBMISSION.—Not later than 
two years after the date of the enactment 
of the McKinney-Vento Homeless Edu-
cation Assistance Improvements Act of 
2007, the Secretary shall submit the report 
described in clause (i) to— 
‘‘(I) the President; 
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‘‘(II) the Committee on Edu-
cation and Labor of the House of 
Representatives; and 
‘‘(III) the Committee on Health, 
Education, Labor, and Pensions of 
the Senate. 
‘‘(G) DEFINITION.—For purposes of this 
paragraph, the term ‘covered county’ means— 
‘‘(i) San Joaquin County, California; 
‘‘(ii) Orange County, California; 
‘‘(iii) San Diego County, California; 
and 
‘‘(iv) Maricopa County, Arizona. 
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1) gather and make publicly available reliable, 
valid, and comprehensive information on the nature 
and extent of the problems homeless children and 
youths have in gaining access to State-funded and 
local educational agency-funded preschool programs 
and to public elementary schools and secondary 
schools, the difficulties in identifying the special 
needs of such children and youths, any progress 
made by the State educational agency and local edu-
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249 
cational agencies in the State in addressing such 
problems and difficulties, and the success of the pro-
grams under this subtitle in allowing homeless chil-
dren and youths to enroll in, attend, and succeed in, 
school; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect and transmit to the Secretary, at 
such time and in such manner as the Secretary may 
require, reports containing such information as the 
Secretary determines is necessary to assess the edu-
cational needs of all homeless children and youths 
within the State, including data requested pursuant 
to subsection (h) of section 724; 
‘‘(4) in order to improve the provision of com-
prehensive education and related services to home-
less children and youths and their families, and to 
minimize educational disruption for such children 
and youth and their families, coordinate and collabo-
rate with— 
‘‘(A) educators, including special education 
personnel, State-funded and local educational 
agency-funded preschool program personnel, 
and personnel from programs provided under ti-
tles I, III, and IV of the Elementary and Sec-
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ondary Education Act of 1965 and similar 
State programs; 
‘‘(B) State and local providers of services 
to homeless children, and youths (including un-
accompanied youths), and homeless families, in-
cluding child welfare and social services agen-
cies, law enforcement, juvenile and family 
courts, agencies providing mental health serv-
ices, domestic violence agencies, child care pro-
viders, runaway and homeless youth centers, 
and services and programs funded under the 
Runaway and Homeless Youth Act (42 U.S.C. 
5701 et seq.); 
‘‘(C) State and local providers of emer-
gency, transitional, and permanent housing to 
homeless children, youths, and families, includ-
ing public housing agencies, shelter operators, 
transitional housing facilities, and transitional 
living programs for homeless youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; and 
‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; and 
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251 
‘‘(5) provide technical assistance to and conduct 
monitoring and oversight of local educational agen-
cies, in coordination with local educational agency li-
aisons designated under subsection (g)(1)(J)(ii), to 
ensure that local educational agencies comply with 
the requirements of section 722(e)(3) and para-
graphs (3) through (7) of subsection (g). 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—Each State shall submit to 
the Secretary and implement a plan to provide for 
the education of all homeless children and youths 
within the State. Such plan shall include the fol-
lowing: 
‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same challenging State aca-
demic achievement standards all students are 
expected to meet. 
‘‘(B) An assurance that the State edu-
cational agency and the local educational agen-
cy will adopt policies and practices to ensure 
that all such children and youths, including 
children and youths separated from public 
schools, are identified and served. 
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‘‘(C) A description of procedures for the 
prompt resolution of disputes arising under this 
subtitle, which shall— 
‘‘(i) ensure that local educational 
agencies have developed dispute resolution 
procedures which, at a minimum— 
‘‘(I) are developed in coordina-
tion and collaboration with the liai-
sons 
designated 
under 
subsection 
(g)(1)(J)(ii); 
‘‘(II) are accessible to parents 
and guardians of homeless children 
and 
youths 
and 
unaccompanied 
youths; 
‘‘(III) 
provide 
such 
parents, 
guardians, and youths with sufficient 
opportunity to present their com-
plaints; and 
‘‘(IV) ensures that the personnel 
designated by the local educational 
agency to carry out dispute resolu-
tions have received training on the re-
quirements of this subtitle. 
‘‘(ii) ensure that parents and guard-
ians of homeless children and youths and 
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254 
plemental academic support in cases where 
a local educational agency has unlawfully 
denied a student access to school or school 
services, including transportation. 
‘‘(D) A description of programs for school 
personnel (including liaisons, principals, attend-
ance officers, teachers, enrollment personnel, 
and specialized instructional support services 
personnel) to heighten the awareness of such 
personnel of the specific needs of runaway and 
homeless youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths are able 
to participate in Federal, State, or local food 
programs. 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have access to 
State-funded and local educational agency- 
funded 
preschool 
programs, 
including 
through the policies and practices required 
under subsection (g)(7); 
‘‘(ii) homeless youths, including such 
youths who are separated from the public 
schools, are identified and accorded access 
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to appropriate secondary education and 
support services, including through the im-
plementation of policies and practices that 
lift barriers to on time graduation for such 
youth, such as policies that address full or 
partial coursework completed at prior 
schools and credit recovery opportunities; 
‘‘(iii) homeless children and youths 
who meet the relevant eligibility criteria 
have access to magnet schools, charter 
schools, summer schools, career and tech-
nical education programs, and advanced 
placement programs; and 
‘‘(iv) homeless children and youths 
have access to extracurricular activities, 
athletic activities for which they meet skill 
level requirements, and before and after 
school programs, as made available to non-
homeless students including through poli-
cies and practices that remove barriers re-
lated to fees, credit accrual policies, guard-
ianship, enrollment and participation dead-
lines, and transportation issues. 
‘‘(G) An assurance that the State edu-
cational agency and local educational agencies 
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256 
will ensure that homeless children and youths 
have opportunities to meet the same challenging 
State student academic achievement standards 
to which other students are held, including 
through policies and practices described in 
clause (iv). 
‘‘(H) Strategies to address problems iden-
tified in the report provided to the Secretary 
under subsection (f)(3). 
‘‘(I) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including problems of enroll-
ment related to— 
‘‘(i) immunization and other required 
health records and screenings; 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
‘‘(J) A demonstration that the State edu-
cational agency and local educational agencies 
in the State regularly review and revise policies 
and practices to remove barriers to the enroll-
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257 
ment, attendance, retention, and success of 
homeless children and youths in schools and in 
State-funded and local educational agency-fund-
ed preschool programs in the State. 
‘‘(K) Assurances that the following will be 
carried out: 
‘‘(i) The State educational agency and 
local educational agencies will adopt poli-
cies and practices to ensure that homeless 
children and youths are not stigmatized or 
segregated on the basis of their status as 
homeless. 
‘‘(ii) Local educational agencies will 
designate a staff person, who may also be 
a coordinator for other Federal programs, 
as the local educational agency liaison for 
homeless children and youths, and provide 
training and appropriate capacity for such 
staff person to carry out the duties de-
scribed in paragraph (6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
provided, at the request of the parent or 
guardian (or in the case of an unaccom-
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258 
panied youth, the liaison), to and from the 
school of origin, (notwithstanding any 
change to the housing status of such child 
or youth), for as long as the homeless child 
or youth has the right to attend the school 
of origin, as determined in paragraph 
(3)(A), in accordance with the following, as 
applicable: 
‘‘(I) If the homeless child or 
youth continues to live in the area 
served by the local educational agency 
in which the school of origin is lo-
cated, the child’s or youth’s transpor-
tation to and from the school of origin 
shall be provided or arranged by the 
local educational agency in which the 
school of origin is located. 
‘‘(II) If the homeless child’s or 
youth’s living arrangements in the 
area served by the local educational 
agency of origin terminate and the 
child or youth, though continuing his 
or her education in the school of ori-
gin, begins living in an area served by 
another local educational agency, the 
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local educational agency of origin and 
the local educational agency in which 
the child or youth is living shall share 
equally the cost and responsibility for 
providing transportation to and from 
the school of origin, unless such local 
educational agencies agree upon an-
other method to apportion cost and 
responsibility, or the State educational 
agency has devised another method to 
apportion 
cost 
and 
responsibility 
among local educational agencies. 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Each plan adopted 
under this subsection shall also describe how 
the State will ensure that local educational 
agencies in the State will comply with the re-
quirements of paragraphs (3) through (7). 
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will 
furnish to local educational agencies and how 
compliance efforts will be coordinated with the 
local educational agency liaisons designated 
under paragraph (1)(J)(ii). 
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‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The local educational 
agency serving each child or youth to be as-
sisted under this subtitle shall, according to the 
child’s or youth’s educational best interest— 
‘‘(i) continue the child’s or youth’s 
education in the school of origin for the 
duration of homelessness— 
‘‘(I) in any case in which a child 
or youth becomes homeless between 
academic years or during an academic 
year, and 
‘‘(II) for the remainder of the 
academic year, if the child or youth 
becomes permanently housed during 
an academic year; or 
‘‘(ii) enroll the child or youth in any 
public school that nonhomeless students 
who live in the attendance area in which 
the child or youth is actually living are eli-
gible to attend. 
‘‘(B) BEST INTEREST AND SCHOOL STA-
BILITY.—In determining the educational best 
interest of the child or youth under subpara-
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graph (A), and to promote the school stability 
of the child or youth, the local educational 
agency shall— 
‘‘(i) presume that continuing in the 
school of origin is in the child’s or youth’s 
best interest, except when doing so is con-
trary to the wishes of the child’s or youth’s 
parent or guardian or the unaccompanied 
youth; 
‘‘(ii) consider student-centered factors 
related to the child’s or youth’s educational 
best interest, in coordination with the par-
ent, guardian, or youth, including— 
‘‘(I) the impact of school mobility 
on academic achievement and social 
and emotional well-being; 
‘‘(II) the age of the child or 
youth; 
‘‘(III) the impact any commute 
may have on the child’s or youth’s 
education; 
‘‘(IV) personal safety issues; 
‘‘(V) the child’s or youth’s need 
for special education and related serv-
ices; 
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‘‘(VI) the length of anticipated 
stay in temporary shelter or other 
temporary location; 
‘‘(VII) the time remaining in the 
school year; and 
‘‘(VIII) the school placement of 
family members; 
‘‘(iii) provide the child’s or youth’s 
parent or guardian or the unaccompanied 
youth with a written explanation, in a 
manner and form understandable to such 
parent, guardian, or youth, including a 
statement regarding the right to appeal de-
cisions under subparagraph (E), if the 
local educational agency determines that it 
is not in the child’s or youth’s best interest 
to attend the school of origin or the school 
requested by the parent, guardian, or 
youth; 
‘‘(iv) in the case of an unaccompanied 
youth, ensure that the homeless liaison 
designated under paragraph (1)(J)(ii) as-
sists in placement or enrollment decisions 
under this subparagraph, considers the 
views of such unaccompanied youth, and 
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provides notice to such youth of the right 
to appeal decisions under subparagraph 
(E); and 
‘‘(v) provide transportation pursuant 
to subsections (g)(1)(J)(iii) and (g)(4). 
‘‘(C) ENROLLMENT.— 
‘‘(i) IN
GENERAL.—The school se-
lected in accordance with this paragraph 
shall immediately enroll the homeless child 
or youth, even if the child or youth— 
‘‘(I) is unable to produce records 
normally required for enrollment, in-
cluding previous academic records, im-
munization and other required health 
records and screenings, proof of resi-
dency, proof of guardianship, or other 
documentation; 
‘‘(II) is unable to pay fees in the 
school selected; or 
‘‘(III) has missed application 
deadlines, if applicable, during any pe-
riod of homelessness. 
‘‘(ii) 
RELEVANT
ACADEMIC 
RECORDS.—The enrolling school shall im-
mediately contact the school last attended 
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by the child or youth to obtain relevant 
academic and other records. 
‘‘(iii) IMMUNIZATIONS.—If the child 
or youth needs to obtain immunizations, or 
immunization or other required health 
records or screenings, the enrolling school 
shall immediately enroll the child or youth 
and refer the parent or guardian of the 
child or youth, or the unaccompanied 
youth, to the local educational agency liai-
son designated under paragraph (1)(J)(ii), 
who shall assist in obtaining necessary im-
munizations, or immunization or other re-
quired health records or screenings, in ac-
cordance with subparagraph (D). 
‘‘(D) RECORDS.—Any record ordinarily 
kept by the school, including immunization and 
other health records and screenings, academic 
records, birth certificates, guardianship records, 
and evaluations for special services or pro-
grams, regarding each homeless child or youth 
shall be— 
‘‘(i) maintained so that the records 
are available, in a timely fashion, when a 
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child or youth enters a new school or 
school district; 
‘‘(ii) immediately sent to the enrolling 
school, even if the student owes fees or 
fines or was not withdrawn from the pre-
vious school in conformance with local 
withdrawal procedures; and 
‘‘(iii) maintained in a manner con-
sistent with section 444 of the General 
Education Provisions Act (20 U.S.C. 
1232g). 
‘‘(E) DISPUTES.—If a dispute arises over 
eligibility for services, school selection, enroll-
ment in a school, or any provision under this 
subtitle— 
‘‘(i) the child or youth shall be imme-
diately enrolled in the school in which en-
rollment is sought, pending final resolution 
of the dispute, including all available ap-
peals; 
‘‘(ii) the parent, guardian, or unac-
companied youth shall be provided with 
written explanations of the decisions re-
garding the subject of the dispute made by 
the school, the local educational agency, or 
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‘‘(ii) homeless children and youths en-
roll in, and have a full and equal oppor-
tunity to succeed in, schools of that local 
educational agency; 
‘‘(iii) homeless families, children, and 
youths receive educational services for 
which such families, children, and youths 
are eligible, including Head Start and 
Even Start programs and State-funded 
and local educational agency-funded pre-
school programs, and referrals to health 
care services, dental services, mental health 
services, substance abuse services, housing 
services, and other appropriate services; 
‘‘(iv) the parents or guardians of 
homeless children and youths are informed 
of the educational and related opportuni-
ties available to their children, including 
preschool opportunities, and are provided 
with meaningful opportunities to partici-
pate in the education of their children; 
‘‘(v) public notice of the educational 
rights of homeless children and youths, in-
cluding procedures for dispute resolution, 
is disseminated in locations accessible to 
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