reserve not more than 3 percent of the 
amount made available to the State under 
subsection (b) to support the establishment 
or expansion of one or more teacher or 
school leader preparation academies and, 
subject to the limitation under clause (iii), 
to support State authorizers for such acad-
emies. 
‘‘(ii) 
MATCHING
REQUIREMENT.—A 
State educational agency shall not provide 
funds under this subparagraph to support 
the establishment or expansion of a teacher 
or school leader preparation academy unless 
the academy agrees to provide, either di-
rectly or through private contributions, non- 
Federal matching funds equal to not less 
than 10 percent of the amount of the funds 
the academy will receive under this sub-
paragraph. 
‘‘(iii) FUNDING FOR STATE AUTHOR-
IZERS.—Not more than 5 percent of funds 
provided to a teacher or school leader prepa-
ration academy under this subparagraph 
may be used to support activities of State 
authorizers for such academy. 
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‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI-
CATIONS. 
‘‘(a) DEEMED APPROVAL.—An application submitted 
by a State pursuant to section 2211(c) shall be deemed to 
be approved by the Secretary unless the Secretary makes 
a written determination, prior to the expiration of the 120- 
day period beginning on the date on which the Secretary 
received the application, that the application is not in com-
pliance with section 2211(c). 
‘‘(b) DISAPPROVAL PROCESS.— 
‘‘(1) IN GENERAL.—The Secretary shall not fi-
nally disapprove an application submitted under sec-
tion 2211(c), except after giving the State educational 
agency notice and an opportunity for a hearing. 
‘‘(2) NOTIFICATION.—If the Secretary finds that 
an application is not in compliance, in whole or in 
part, with section 2211(c) the Secretary shall— 
‘‘(A) give the State educational agency no-
tice and an opportunity for a hearing; and 
‘‘(B) notify the State educational agency of 
the finding of noncompliance and, in such notifi-
cation, shall— 
‘‘(i) cite the specific provisions in the 
application that are not in compliance; and 
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‘‘(ii) request additional information, 
only as to the noncompliant provisions, 
needed to make the application compliant. 
‘‘(3) RESPONSE.—If a State educational agency 
responds to a notification from the Secretary under 
paragraph (2)(B) during the 45-day period beginning 
on the date on which the State educational agency re-
ceived the notification, and resubmits the application 
with the requested information described in para-
graph (2)(B)(ii), the Secretary shall approve or dis-
approve such application prior to the later of— 
‘‘(A) the expiration of the 45-day period be-
ginning on the date on which the application is 
resubmitted; or 
‘‘(B) the expiration of the 120-day period 
described in subsection (a). 
‘‘(4) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to a notification 
from the Secretary under paragraph (2)(B) during 
the 45-day period beginning on the date on which the 
State educational agency received the notification, 
such application shall be deemed to be disapproved. 
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‘‘Subpart 2—Local Competitive Grant Program 
‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives an allotment 
under section 2211(b) for a fiscal year shall use the amount 
reserved under section 2211(d)(1) to award subgrants, on 
a competitive basis, to eligible entities in accordance with 
this section to enable such entities to carry out the programs 
and activities described in section 2222. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this section, an eligible entity shall 
submit an application to the State educational agen-
cy at such time, in such manner, and including such 
information as the State educational agency may rea-
sonably require. 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
‘‘(A) a description of the programs and ac-
tivities to be funded and how they are consistent 
with the purposes of this part; and 
‘‘(B) an assurance that the eligible entity 
will comply with section 5501 (regarding par-
ticipation by private school children and teach-
ers). 
‘‘(c) PEER REVIEW.—In reviewing applications under 
this section, a State educational agency shall use a peer 
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review process or other methods of assuring the quality of 
such applications but the review shall only judge the likeli-
hood of the activity to increase student academic achieve-
ment. The reviewers shall not make a determination based 
on the policy of the proposed activity. 
‘‘(d) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this section equitably 
among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(e) DURATION
OF AWARDS.—A State educational 
agency may award subgrants under this section for a period 
of not more than 5 years. 
‘‘(f) MATCHING.—An eligible entity receiving a 
subgrant under this section shall provide, either directly or 
through private contributions, non-Federal matching funds 
equal to not less than 10 percent of the amount of the 
subgrant. 
‘‘SEC. 2222. LOCAL AUTHORIZED ACTIVITIES. 
‘‘(a) IN GENERAL.—Each eligible entity receiving a 
subgrant under section 2221 shall use such subgrant funds 
to develop, implement, and evaluate comprehensive pro-
grams and activities, that are in accordance with the pur-
pose of this part and— 
‘‘(1) are consistent with the principles of effec-
tiveness described in subsection (b); and 
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‘‘(2) may include, among other programs and 
activities— 
‘‘(A) developing and implementing initia-
tives to assist in recruiting, hiring, and retain-
ing highly effective teachers and school leaders, 
including initiatives that provide— 
‘‘(i) differential, incentive, or bonus 
pay for teachers; 
‘‘(ii) performance-based pay systems 
for teachers and school leaders; 
‘‘(iii) teacher advancement initiatives 
that promote professional growth and em-
phasize multiple career paths and pay dif-
ferentiation; 
‘‘(iv) new teacher and school leader in-
duction and mentoring programs that are 
designed to improve instruction, student 
learning and achievement, and to increase 
teacher and school leader retention; and 
‘‘(v) teacher residency programs, and 
school leader residency programs, designed 
to develop and support new teachers or new 
school leaders, respectively; 
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‘‘(B) supporting the establishment or expan-
sion of teacher or school leader preparation acad-
emies under section 2221(d)(3)(B); 
‘‘(C) recruiting qualified individuals from 
other fields, including individuals from science, 
technology, engineering, and math fields, mid-ca-
reer professionals from other occupations, and 
former military personnel; 
‘‘(D) establishing, improving, or expanding 
model instructional programs in the core aca-
demic subjects to ensure that all children meet 
the State’s academic standards; 
‘‘(E) providing high-quality professional de-
velopment for teachers and school leaders focused 
on improving teaching and student learning and 
achievement in the core academic subjects; 
‘‘(F) implementing programs based on the 
current science of learning, which includes re-
search on positive brain change and cognitive 
skill development; and 
‘‘(G) other activities and programs identi-
fied as necessary by the local educational agency 
that meet the purpose of this part. 
‘‘(b) PRINCIPLES
OF EFFECTIVENESS.—For a pro-
gram or activity developed pursuant to this section to meet 
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the principles of effectiveness, such program or activity 
shall— 
‘‘(1) be based upon an assessment of objective 
data regarding the need for programs and activities 
in the elementary schools and secondary schools served 
to increase the number of teachers and school leaders 
who are effective in improving student academic 
achievement; 
‘‘(2) reflect evidence-based research, or in the ab-
sence of a strong research base, reflect effective strate-
gies in the field, that provide evidence that the pro-
gram or activity will improve student academic 
achievement in the core academic subjects; and 
‘‘(3) include meaningful and ongoing consulta-
tion with, and input from, teachers, school leaders, 
and parents, in the development of the application 
and administration of the program or activity. 
‘‘Subpart 3—General Provisions 
‘‘SEC. 2231. PERIODIC EVALUATION. 
‘‘(a) IN GENERAL.—Each eligible entity and each 
teacher or school leader preparation academy that receives 
funds under this part shall undergo a periodic evaluation 
by the State educational agency involved to assess such enti-
ty’s or such academy’s progress toward achieving the pur-
poses of this part. 
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‘‘(b) USE OF RESULTS.—The results of an evaluation 
described in subsection (a) of an eligible entity or academy 
shall be— 
‘‘(1) used to refine, improve, and strengthen such 
eligible entity or such academy, respectively; and 
‘‘(2) made available to the public upon request, 
with public notice of such availability provided. 
‘‘SEC. 2232. REPORTING REQUIREMENTS. 
‘‘(a) ELIGIBLE ENTITIES AND ACADEMIES.—Each eli-
gible entity and each teacher or school leader preparation 
academy that receives funds from a State educational agen-
cy under this part shall prepare and submit annually to 
such State educational agency a report that includes— 
‘‘(1) a description of the progress of the eligible 
entity or teacher or school leader preparation acad-
emy, respectively, in meeting the purposes of this 
part; 
‘‘(2) a description of the programs and activities 
conducted by the eligible entity or teacher or school 
leader preparation academy, respectively, with funds 
received under this part; 
‘‘(3) how the eligible entity or teacher or school 
leader preparation academy, respectively, is using 
such funds; and 
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‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency that receives a grant under this part 
shall prepare and submit, annually, to the Secretary a re-
port that includes— 
‘‘(1) a description of the programs and activities 
conducted by the State educational agency with grant 
funds received under this part; 
‘‘(2) a description of the progress of the State 
educational agency in meeting the purposes of this 
part described in section 2201; 
‘‘(3) how the State educational agency is using 
grant funds received under this part; 
‘‘(4) the methods and criteria the State edu-
cational agency used to award subgrants to eligible 
entities under section 2221 and, if applicable, funds 
to teacher or school leader academies under section 
2211(d)(3)(B); and 
‘‘(5) the results of the periodic evaluations con-
ducted under section 2231. 
‘‘SEC. 2233. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2211(a)(1), the Secretary shall, directly or through 
grants and contracts— 
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‘‘(1) provide technical assistance to States and 
eligible entities in carrying out activities under this 
part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by States and eligible entities under this 
part. 
‘‘SEC. 2234. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means— 
‘‘(A) a local educational agency or consor-
tium of local educational agencies; 
‘‘(B) an institution of higher education or 
consortium of such institutions in partnership 
with a local educational agency or consortium of 
local educational agencies; 
‘‘(C) a for-profit organization, a nonprofit 
organization, or a consortium of for-profit or 
nonprofit organizations in partnership with a 
local educational agency or consortium of local 
educational agencies; or 
‘‘(D) a consortium of the entities described 
in subparagraphs (B) and (C). 
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‘‘(2) STATE.—The term ‘State’ means each of the 
50 States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
‘‘(3) STATE AUTHORIZER.—The term ‘State au-
thorizer’ means an entity designated by the Governor 
of a State to authorize teacher or school leader prepa-
ration academies within the State that— 
‘‘(A) enters into an agreement with a teach-
er or school leader preparation academy that— 
‘‘(i) specifies the goals expected of the 
academy, which, at a minimum, include the 
goals described in paragraph (4); and 
‘‘(ii) does not reauthorize the academy 
if such goals are not met; and 
‘‘(B) may be a nonprofit organization, a 
State educational agency, or other public entity, 
or consortium of such entities (including a con-
sortium of State educational agencies). 
‘‘(4) TEACHER OR SCHOOL LEADER PREPARA-
TION ACADEMY.—The term ‘teacher or school leader 
preparation academy’ means a public or private enti-
ty, or a nonprofit or for-profit organization, which 
may be an institution of higher education or an orga-
nization affiliated with an institution of higher edu-
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cation, that will prepare teachers or school leaders to 
serve in schools, and that— 
‘‘(A) enters into an agreement with a State 
authorizer that specifies the goals expected of the 
academy, including— 
‘‘(i) a requirement that prospective 
teachers or school leaders who are enrolled 
in a teacher or school leader preparation 
academy receive a significant part of their 
training through clinical preparation that 
partners the prospective candidate with an 
effective teacher or school leader, respec-
tively, with a demonstrated record of in-
creasing student achievement, while also re-
ceiving concurrent instruction from the 
academy in the content area (or areas) in 
which the prospective teacher or school lead-
er will become certified or licensed; 
‘‘(ii) the number of effective teachers or 
school leaders, respectively, who will dem-
onstrate 
success 
in 
increasing 
student 
achievement that the academy will produce; 
and 
‘‘(iii) a requirement that a teacher or 
school leader preparation academy will only 
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award a certificate of completion after the 
graduate demonstrates that the graduate is 
an effective teacher or school leader, respec-
tively, with a demonstrated record of in-
creasing student achievement, except that 
an academy may award a provisional cer-
tificate for the period necessary to allow the 
graduate to demonstrate such effectiveness; 
‘‘(B) does not have restrictions on the meth-
ods the academy will use to train prospective 
teacher or school leader candidates, including— 
‘‘(i) obligating (or prohibiting) the 
academy’s faculty to hold advanced degrees 
or conduct academic research; 
‘‘(ii) restrictions related to the acad-
emy’s physical infrastructure; 
‘‘(iii) restrictions related to the number 
of course credits required as part of the pro-
gram of study; 
‘‘(iv) restrictions related to the under-
graduate coursework completed by teachers 
teaching or working on alternative certifi-
cates, licenses, or credentials, as long as 
such teachers have successfully passed all 
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relevant State-approved content area exami-
nations; or 
‘‘(v) restrictions related to obtaining 
accreditation from an accrediting body for 
purposes of becoming an academy; 
‘‘(C) limits admission to its program to 
prospective teacher or school leader candidates 
who demonstrate strong potential to improve stu-
dent achievement, based on a rigorous selection 
process that reviews a candidate’s prior aca-
demic achievement or record of professional ac-
complishment; and 
‘‘(D) results in a certificate of completion 
that the State may recognize as at least the 
equivalent of a master’s degree in education for 
the purposes of hiring, retention, compensation, 
and promotion in the State. 
‘‘(5) TEACHER RESIDENCY PROGRAM.—The term 
‘teacher residency program’ means a school-based 
teacher preparation program in which a prospective 
teacher— 
‘‘(A) for one academic year, teaches along-
side an effective teacher, as determined by a 
teacher evaluation system implemented under 
part A, who is the teacher of record; 
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‘‘(B) receives concurrent instruction during 
the year described in subparagraph (A) from the 
partner institution (as defined in section 200 of 
the Higher Education Act of 1965 (20 U.S.C. 
1021)), which courses may be taught by local 
educational agency personnel or residency pro-
gram faculty, in the teaching of the content area 
in which the teacher will become certified or li-
censed; and 
‘‘(C) acquires effective teaching skills.’’. 
(d) PART C.—Part C of title II (20 U.S.C. 6671 et 
seq.) is amended— 
(1) by striking subparts 1 through 4; 
(2) by striking the heading relating to subpart 5; 
(3) by striking sections 2361 and 2368; 
(4) in section 2362, by striking ‘‘principals’’ and 
inserting ‘‘school leaders’’; 
(5) in section 2363(6)(A), by striking ‘‘prin-
cipal’’ and inserting ‘‘school leader’’; 
(6) in section 2366(b), by striking ‘‘ate law’’ and 
inserting ‘‘(3) A State law’’; 
(7) by redesignating section 2362 as section 
2361; 
(8) by redesignating sections 2364 through 2367 
as sections 2362 through 2365, respectively; and 
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(9) by redesignating section 2363 as section 2366 
and transferring such section to appear after section 
2365 (as so redesignated). 
(e) PART D.—Part D of title II (20 U.S.C. 6751 et 
seq.) is amended to read as follows: 
‘‘PART D—GENERAL PROVISIONS 
‘‘SEC. 2401. INCLUSION OF CHARTER SCHOOLS. 
‘‘In this title, the term ‘local educational agency’ in-
cludes a charter school (as defined in section 5101) that, 
in the absence of this section, would not have received funds 
under this title. 
‘‘SEC. 2402. PARENTS’ RIGHT TO KNOW. 
‘‘At the beginning of each school year, a local edu-
cational agency that receives funds under this title shall no-
tify the parents of each student attending any school receiv-
ing funds under this title that the parents may request, and 
the agency will provide the parents on request (and in a 
timely manner), information regarding the professional 
qualifications of the student’s classroom teachers. 
‘‘SEC. 2403. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds received under this title shall be used to sup-
plement, and not supplant, non-Federal funds that would 
otherwise be used for activities authorized under this title.’’. 
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SEC. 102. CONFORMING REPEALS. 
(a) CONFORMING REPEALS.—Title II of the Higher 
Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended 
by repealing sections 201 through 204. 
(b) EFFECTIVE DATE.—The repeals made by sub-
section (a) shall take effect October 1, 2012. 
TITLE 
II—PARENTAL 
ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
SEC. 201. PARENTAL ENGAGEMENT AND LOCAL FLEXI-
BILITY. 
Title III (20 U.S.C. 6801 et seq.) is amended to read 
as follows: 
‘‘TITLE III—PARENTAL ENGAGE-
MENT 
AND 
LOCAL 
FLEXI-
BILITY 
‘‘PART A—PARENTAL ENGAGEMENT 
‘‘Subpart 1—Charter School Program 
‘‘SEC. 3101. SENSE OF THE HOUSE OF REPRESENTATIVES. 
‘‘It is the sense of the House of Representatives that 
the programs for public charter schools under part B of title 
V be reauthorized as such part was amended under the pro-
visions of H.R. 2218, as passed by the House of Representa-
tives on September 13, 2011, and be transferred and redes-
ignated to this subpart. 
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‘‘Subpart 2—Magnet School Assistance 
‘‘SEC. 3121. PURPOSE. 
‘‘The purpose of this subpart is to assist in the desegre-
gation of schools served by local educational agencies by 
providing financial assistance to eligible local educational 
agencies for— 
‘‘(1) the elimination, reduction, or prevention of 
minority group isolation in elementary schools and 
secondary schools with substantial proportions of mi-
nority students, which shall include assisting in the 
efforts of the United States to achieve voluntary deseg-
regation in public schools; 
‘‘(2) the development and implementation of 
magnet school programs that will assist local edu-
cational agencies in achieving systemic reforms and 
providing all students the opportunity to meet State 
academic standards; 
‘‘(3) the development and design of innovative 
educational methods and practices that promote di-
versity and increase choices in public elementary 
schools and public secondary schools and public edu-
cational programs; 
‘‘(4) courses of instruction within magnet schools 
that will substantially strengthen the knowledge of 
academic subjects and the attainment of tangible and 
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marketable career, technical, and professional skills of 
students attending such schools; 
‘‘(5) improving the ability of local educational 
agencies, including through professional development, 
to continue operating magnet schools at a high per-
formance level after Federal funding for the magnet 
schools is terminated; and 
‘‘(6) ensuring that students enrolled in the mag-
net school programs have equitable access to a quality 
education that will enable the students to succeed aca-
demically and continue with postsecondary education 
or employment. 
‘‘SEC. 3122. DEFINITION. 
‘‘For the purpose of this subpart, the term ‘magnet 
school’ means a public elementary school, public secondary 
school, public elementary education center, or public sec-
ondary education center that offers a special curriculum ca-
pable of attracting substantial numbers of students of dif-
ferent racial backgrounds. 
‘‘SEC. 3123. PROGRAM AUTHORIZED. 
‘‘From the amount appropriated under section 
3(b)(1)(B), the Secretary, in accordance with this subpart, 
is authorized to award grants to eligible local educational 
agencies, and consortia of such agencies where appropriate, 
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to carry out the purpose of this subpart for magnet schools 
that are— 
‘‘(1) part of an approved desegregation plan; 
and 
‘‘(2) designed to bring students from different so-
cial, economic, ethnic, and racial backgrounds to-
gether. 
‘‘SEC. 3124. ELIGIBILITY. 
‘‘A local educational agency, or consortium of such 
agencies where appropriate, is eligible to receive a grant 
under this subpart to carry out the purpose of this subpart 
if such agency or consortium— 
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United 
States, or a court of any State, or any other State 
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-segregated 
children or faculty in the elementary schools and sec-
ondary schools of such agency; or 
‘‘(2) without having been required to do so, has 
adopted and is implementing, or will, if a grant is 
awarded to such local educational agency, or consor-
tium of such agencies, under this subpart, adopt and 
implement a plan that has been approved by the Sec-
retary as adequate under title VI of the Civil Rights 
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Act of 1964 for the desegregation of minority-group- 
segregated children or faculty in such schools. 
‘‘SEC. 3125. APPLICATIONS AND REQUIREMENTS. 
‘‘(a) APPLICATIONS.—An eligible local educational 
agency, or consortium of such agencies, desiring to receive 
a grant under this subpart shall submit an application to 
the Secretary at such time and in such manner as the Sec-
retary may reasonably require. 
‘‘(b) INFORMATION AND ASSURANCES.—Each applica-
tion submitted under subsection (a) shall include— 
‘‘(1) a description of— 
‘‘(A) how a grant awarded under this sub-
part will be used to promote desegregation, in-
cluding how the proposed magnet school pro-
grams will increase interaction among students 
of different social, economic, ethnic, and racial 
backgrounds; 
‘‘(B) the manner and extent to which the 
magnet school program will increase student 
academic achievement in the instructional area 
or areas offered by the school; 
‘‘(C) how the applicant will continue the 
magnet school program after assistance under 
this subpart is no longer available, and, if appli-
cable, an explanation of why magnet schools es-
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tablished or supported by the applicant with 
grant funds under this subpart cannot be contin-
ued without the use of grant funds under this 
subpart; 
‘‘(D) how grant funds under this subpart 
will be used— 
‘‘(i) to improve student academic 
achievement for all students attending the 
magnet school programs; and 
‘‘(ii) to implement services and activi-
ties that are consistent with other programs 
under this Act, and other Acts, as appro-
priate; and 
‘‘(E) the criteria to be used in selecting stu-
dents to attend the proposed magnet school pro-
gram; and 
‘‘(2) assurances that the applicant will— 
‘‘(A) use grant funds under this subpart for 
the purposes specified in section 3121; 
‘‘(B) employ effective teachers in the courses 
of instruction assisted under this subpart; 
‘‘(C) not engage in discrimination based on 
race, religion, color, national origin, sex, or dis-
ability in— 
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‘‘(i) the hiring, promotion, or assign-
ment of employees of the applicant or other 
personnel for whom the applicant has any 
administrative responsibility; 
‘‘(ii) the assignment of students to 
schools, or to courses of instruction within 
the schools, of such applicant, except to 
carry out the approved plan; and 
‘‘(iii) designing or operating extra-
curricular activities for students; 
‘‘(D) carry out a quality education program 
that will encourage greater parental decision-
making and involvement; and 
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school pro-
gram equitable consideration for placement in 
the program, consistent with desegregation guide-
lines and the capacity of the applicant to accom-
modate the students. 
‘‘(c) SPECIAL RULE.—No grant shall be awarded 
under this subpart unless the Assistant Secretary of Edu-
cation for Civil Rights determines that the assurances de-
scribed in subsection (b)(2)(C) will be met. 
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‘‘SEC. 3126. PRIORITY. 
‘‘In awarding grants under this subpart, the Secretary 
shall give priority to applicants that— 
‘‘(1) demonstrate the greatest need for assistance, 
based on the expense or difficulty of effectively car-
rying out approved desegregation plans and the mag-
net school program for which the grant is sought; 
‘‘(2) propose to carry out new magnet school pro-
grams, or significantly revise existing magnet school 
programs; 
‘‘(3) propose to select students to attend magnet 
school programs by methods such as lottery, rather 
than through academic examination; and 
‘‘(4) propose to serve the entire student popu-
lation of a school. 
‘‘SEC. 3127. USE OF FUNDS. 
‘‘(a) IN GENERAL.—Grant funds made available under 
this subpart may be used by an eligible local educational 
agency, or consortium of such agencies— 
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, continu-
ation, or enhancement of academic programs and 
services offered at magnet schools; 
‘‘(2) for the acquisition of books, materials, and 
equipment, including computers and the maintenance 
and operation of materials, equipment, and com-
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puters, necessary to conduct programs in magnet 
schools; 
‘‘(3) for the compensation, or subsidization of the 
compensation, of elementary school and secondary 
school teachers, and instructional staff where applica-
ble, who are necessary to conduct programs in magnet 
schools; 
‘‘(4) with respect to a magnet school program of-
fered to less than the entire student population of a 
school, for instructional activities that— 
‘‘(A) are designed to make available the spe-
cial curriculum that is offered by the magnet 
school program to students who are enrolled in 
the school but who are not enrolled in the magnet 
school program; and 
‘‘(B) further the purpose of this subpart; 
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the 
grant period has ended; 
‘‘(6) to enable the local educational agency, or 
consortium of such agencies, to have more flexibility 
in the administration of a magnet school program in 
order to serve students attending a school who are not 
enrolled in a magnet school program; and 
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‘‘(7) to enable the local educational agency, or 
consortium of such agencies, to have flexibility in de-
signing magnet schools for students in all grades. 
‘‘(b) SPECIAL RULE.—Grant funds under this subpart 
may be used for activities described in paragraphs (2) and 
(3) of subsection (a) only if the activities are directly related 
to improving student academic achievement based on the 
State’s academic standards or directly related to improving 
student reading skills or knowledge of mathematics, science, 
history, geography, English, foreign languages, art, or 
music, or to improving career, technical, and professional 
skills. 
‘‘SEC. 3128. LIMITATIONS. 
‘‘(a) DURATION OF AWARDS.—A grant under this sub-
part shall be awarded for a period that shall not exceed 
3 fiscal years. 
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu-
cational agency, or consortium of such agencies, may ex-
pend for planning (professional development shall not be 
considered to be planning for purposes of this subsection) 
not more than 50 percent of the grant funds received under 
this subpart for the first year of the program and not more 
than 15 percent of such funds for each of the second and 
third such years. 
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‘‘(c) AMOUNT.—No local educational agency, or con-
sortium of such agencies, awarded a grant under this sub-
part shall receive more than $4,000,000 under this subpart 
for any 1 fiscal year. 
‘‘(d) TIMING.—To the extent practicable, the Secretary 
shall award grants for any fiscal year under this subpart 
not later than July 1 of the applicable fiscal year. 
‘‘SEC. 3129. EVALUATIONS. 
‘‘(a) RESERVATION.—The Secretary may reserve not 
more than 2 percent of the funds appropriated under section 
3(b)(1)(B) for any fiscal year to carry out evaluations, pro-
vide technical assistance, and carry out dissemination 
projects with respect to magnet school programs assisted 
under this subpart. 
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address— 
‘‘(1) how and the extent to which magnet school 
programs lead to educational quality and academic 
improvement; 
‘‘(2) the extent to which magnet school programs 
enhance student access to a quality education; 
‘‘(3) the extent to which magnet school programs 
lead to the elimination, reduction, or prevention of 
minority group isolation in elementary schools and 
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secondary schools with substantial proportions of mi-
nority students; and 
‘‘(4) the extent to which magnet school programs 
differ from other school programs in terms of the or-
ganizational characteristics and resource allocations 
of such magnet school programs. 
‘‘(c) DISSEMINATION.—The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs. 
‘‘SEC. 3130. RESERVATION. 
‘‘In any fiscal year for which the amount appropriated 
under section 3(b)(1)(B) exceeds $75,000,000, the Secretary 
shall give priority in using such amounts in excess of 
$75,000,000 to awarding grants to local educational agen-
cies or consortia of such agencies that did not receive a 
grant under this subpart in the preceding fiscal year. 
‘‘Subpart 3—Family Engagement in Education 
Programs 
‘‘SEC. 3141. PURPOSES. 
‘‘The purposes of this subpart are the following: 
‘‘(1) To provide financial support to organiza-
tions to provide technical assistance and training to 
State and local educational agencies in the implemen-
tation and enhancement of systemic and effective fam-
ily engagement policies, programs, and activities that 
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lead to improvements in student development and 
academic achievement. 
‘‘(2) To assist State educational agencies, local 
educational agencies, community-based organizations, 
schools, and educators in strengthening partnerships 
among parents, teachers, school leaders, administra-
tors, and other school personnel in meeting the edu-
cational needs of children and fostering greater paren-
tal engagement. 
‘‘(3) To support State educational agencies, local 
educational agencies, schools, educators, and parents 
in developing and strengthening the relationship be-
tween parents and their children’s school in order to 
further the developmental progress of children. 
‘‘(4) To coordinate activities funded under this 
subpart with parent involvement initiatives funded 
under section 1118 and other provisions of this Act. 
‘‘(5) To assist the Secretary, State educational 
agencies, and local educational agencies in the coordi-
nation and integration of Federal, State, and local 
services and programs to engage families in edu-
cation. 
‘‘SEC. 3142. GRANTS AUTHORIZED. 
‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 
From the amount appropriated under section 3(b)(1)(C), 
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the Secretary is authorized to award grants for each fiscal 
year to statewide organizations (and consortia of such orga-
nizations and State educational agencies), to establish 
Statewide Family Engagement Centers that provide com-
prehensive training and technical assistance to State edu-
cational agencies, local educational agencies, schools identi-
fied by State educational agencies and local educational 
agencies, organizations that support family-school partner-
ships, and other organizations that carry out, or carry out 
directly, parent education and family engagement in edu-
cation programs. 
‘‘(b) MINIMUM AWARD.—In awarding grants under 
this section, the Secretary shall, to the extent practicable, 
ensure that a grant is awarded for a Statewide Family En-
gagement Center in an amount not less than $500,000. 
‘‘SEC. 3143. APPLICATIONS. 
‘‘(a) SUBMISSIONS.—Each statewide organization, or 
a consortium of such an organization and a State edu-
cational agency, that desires a grant under this subpart 
shall submit an application to the Secretary at such time, 
in such manner, and including the information described 
in subsection (b). 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include, at a minimum, the following: 
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‘‘(1) A description of the applicant’s approach to 
family engagement in education. 
‘‘(2) A description of the support that the State-
wide Family Engagement Center that will be oper-
ated by the applicant will have from the applicant, 
including a letter from the applicant outlining the 
commitment to work with the center. 
‘‘(3) A description of the applicant’s plan for 
building a statewide infrastructure for family engage-
ment in education, that includes— 
‘‘(A) management and governance; 
‘‘(B) statewide leadership; or 
‘‘(C) systemic services for family engage-
ment in education. 
‘‘(4) A description of the applicant’s dem-
onstrated experience in providing training, informa-
tion, and support to State educational agencies, local 
educational agencies, schools, educators, parents, and 
organizations on family engagement in education 
policies and practices that are effective for parents 
(including low-income parents) and families, English 
learners, minorities, parents of students with disabil-
ities, parents of homeless students, foster parents and 
students, and parents of migratory students, includ-
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ing evaluation results, reporting, or other data exhib-
iting such demonstrated experience. 
‘‘(5) An assurance that the applicant will— 
‘‘(A) establish a special advisory committee, 
the membership of which includes— 
‘‘(i) parents, who shall constitute a 
majority of the members of the special advi-
sory committee; 
‘‘(ii) representatives of education pro-
fessionals with expertise in improving serv-
ices for disadvantaged children; 
‘‘(iii) representatives of local elemen-
tary schools and secondary schools, includ-
ing students; 
‘‘(iv) representatives of the business 
community; and 
‘‘(v) representatives of State edu-
cational agencies and local educational 
agencies; 
‘‘(B) use not less than 65 percent of the 
funds received under this subpart in each fiscal 
year to serve local educational agencies, schools, 
and community-based organizations that serve 
high concentrations of disadvantaged students, 
including English learners, minorities, parents 
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of students with disabilities, parents of homeless 
students, foster parents and students, and par-
ents of migratory students; 
‘‘(C) operate a Statewide Family Engage-
ment Center of sufficient size, scope, and quality 
to ensure that the Center is adequate to serve the 
State educational agency, local educational agen-
cies, and community-based organizations; 
‘‘(D) ensure that the Center will retain staff 
with the requisite training and experience to 
serve parents in the State; 
‘‘(E) serve urban, suburban, and rural local 
educational agencies and schools; 
‘‘(F) work with— 
‘‘(i) other Statewide Family Engage-
ment Centers assisted under this subpart; 
and 
‘‘(ii) parent training and information 
centers and community parent resource cen-
ters assisted under sections 671 and 672 of 
the Individuals with Disabilities Education 
Act; 
‘‘(G) use not less than 30 percent of the 
funds received under this subpart for each fiscal 
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year to establish or expand technical assistance 
for evidence-based parent education programs; 
‘‘(H) provide assistance to State edu-
cational agencies and local educational agencies 
and community-based organizations that support 
family members in supporting student academic 
achievement; 
‘‘(I) work with State educational agencies, 
local educational agencies, schools, educators, 
and parents to determine parental needs and the 
best means for delivery of services to address 
such needs; and 
‘‘(J) conduct sufficient outreach to assist 
parents, including parents who the applicant 
may have a difficult time engaging with a school 
or local educational agency. 
‘‘SEC. 3144. USES OF FUNDS. 
‘‘(a) IN GENERAL.—Grantees shall use grant funds re-
ceived under this subpart, based on the needs determined 
under section 3143(b)(5)(I), to provide training and tech-
nical assistance to State educational agencies, local edu-
cational agencies, and organizations that support family- 
school partnerships, and activities, services, and training 
for local educational agencies, school leaders, educators, and 
parents— 
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‘‘(1) to assist parents in participating effectively 
in their children’s education and to help their chil-
dren meet State standards, such as assisting par-
ents— 
‘‘(A) to engage in activities that will im-
prove student academic achievement, including 
understanding how they can support learning in 
the classroom with activities at home and in 
afterschool and extracurricular programs; 
‘‘(B) to communicate effectively with their 
children, teachers, school leaders, counselors, ad-
ministrators, and other school personnel; 
‘‘(C) to become active participants in the 
development, implementation, and review of 
school-parent compacts, family engagement in 
education policies, and school planning and im-
provement; 
‘‘(D) to participate in the design and provi-
sion of assistance to students who are not mak-
ing academic progress; 
‘‘(E) to participate in State and local deci-
sionmaking; 
‘‘(F) to train other parents; and 
‘‘(G) to help the parents learn and use tech-
nology applied in their children’s education; 
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‘‘(2) to develop and implement, in partnership 
with the State educational agency, statewide family 
engagement in education policy and systemic initia-
tives that will provide for a continuum of services to 
remove barriers for family engagement in education 
and support school reform efforts; and 
‘‘(3) to develop, implement, and assess parental 
involvement policies under sections 1112 and 1118. 
‘‘(b) MATCHING FUNDS FOR GRANT RENEWAL.—For 
each fiscal year after the first fiscal year for which an orga-
nization or consortium receives assistance under this sec-
tion, the organization or consortium shall demonstrate in 
the application that a portion of the services provided by 
the organization or consortium is supported through non- 
Federal contributions, which may be in cash or in-kind. 
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall re-
serve not more than 2 percent of the funds appropriated 
under section 3(b)(C) to carry out this subpart to provide 
technical assistance, by grant or contract, for the establish-
ment, development, and coordination of Statewide Family 
Engagement Centers. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit a Statewide Family En-
gagement Center from— 
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‘‘(1) having its employees or agents meet with a 
parent at a site that is not on school grounds; or 
‘‘(2) working with another agency that serves 
children. 
‘‘(e) PARENTAL RIGHTS.—Notwithstanding any other 
provision of this section— 
‘‘(1) no person (including a parent who educates 
a child at home, a public school parent, or a private 
school parent) shall be required to participate in any 
program of parent education or developmental screen-
ing under this section; and 
‘‘(2) no program or center assisted under this 
section shall take any action that infringes in any 
manner on the right of a parent to direct the edu-
cation of their children. 
‘‘SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 
‘‘The Secretary of the Interior, in consultation with 
the Secretary of Education, shall establish, or enter into 
contracts and cooperative agreements with local Indian 
nonprofit parent organizations to establish and operate 
Family Engagement Centers. 
‘‘PART B—LOCAL ACADEMIC FLEXIBLE GRANT 
‘‘SEC. 3201. PURPOSE. 
‘‘The purpose of this part is to— 
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‘‘(1) provide local educational agencies with the 
opportunity to access funds to support the initiatives 
important to their schools and students to improve 
academic achievement; and 
‘‘(2) provide nonprofit and for-profit entities the 
opportunity to work with students to improve aca-
demic achievement. 
‘‘SEC. 3202. ALLOTMENTS TO STATES. 
‘‘(a) RESERVATIONS.—From the funds appropriated 
under section 3(b)(2) for any fiscal year, the Secretary shall 
reserve— 
‘‘(1) not more than one-half of 1 percent for na-
tional activities to provide technical assistance to eli-
gible entities in carrying out programs under this 
part; and 
‘‘(2) not more than one-half of 1 percent for pay-
ments to the outlying areas and the Bureau of Indian 
Education, to be allotted in accordance with their re-
spective needs for assistance under this part, as deter-
mined by the Secretary, to enable the outlying areas 
and the Bureau to carry out the purpose of this part. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) DETERMINATION.—From the funds appro-
priated under section 3(b)(2) for any fiscal year and 
remaining after the Secretary makes reservations 
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under subsection (a), the Secretary shall allot to each 
State for the fiscal year an amount that bears the 
same relationship to the remainder as the amount the 
State received under chapter B of subpart 1 of part 
A of title I for the preceding fiscal year bears to the 
amount all States received under that chapter for the 
preceding fiscal year, except that no State shall re-
ceive less than an amount equal to one-half of 1 per-
cent of the total amount made available to all States 
under this subsection. 
‘‘(2) REALLOTMENT OF UNUSED FUNDS.—If a 
State does not receive an allotment under this part 
for a fiscal year, the Secretary shall reallot the 
amount of the State’s allotment to the remaining 
States in accordance with this section. 
‘‘(c) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this part shall reserve not less than 
75 percent of the amount allotted to the State under 
subsection (b) for each fiscal year for awards to eligi-
ble entities under section 3204. 
‘‘(2) AWARDS TO NONGOVERNMENTAL ENTITIES 
TO
IMPROVE
STUDENT
ACADEMIC
ACHIEVEMENT.— 
Each State that receives an allotment under sub-
section (b) for each fiscal year shall reserve not less 
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than 10 percent of the amount allotted to the State 
for awards to nongovernmental entities under section 
3205. 
‘‘(3) STATE ACTIVITIES AND STATE ADMINISTRA-
TION.—A State educational agency may reserve not 
more than 15 percent of the amount allotted to the 
State under subsection (b) for each fiscal year for the 
following: 
‘‘(A) Enabling the State educational agen-
cy— 
‘‘(i) to pay the costs of developing the 
State assessments and standards required 
under section 1111(b), which may include 
the costs of working, at the sole discretion of 
the State, in voluntary partnerships with 
other States to develop such assessments and 
standards; or 
‘‘(ii) if the State has developed the as-
sessments and standards required under sec-
tion 1111(b), to administer those assess-
ments or carry out other activities related 
to ensuring that the State’s schools and 
local educational agencies are helping stu-
dents meet the State’s academic standards 
under such section. 
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‘‘(B) The administrative costs of carrying 
out its responsibilities under this part, except 
that not more than 5 percent of the reserved 
amount may be used for this purpose. 
‘‘(C) Monitoring and evaluation of pro-
grams and activities assisted under this part. 
‘‘(D) Providing training and technical as-
sistance under this part. 
‘‘(E) Statewide academic focused programs. 
‘‘(F) Sharing evidence-based and other effec-
tive strategies with eligible entities. 
‘‘SEC. 3203. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment 
under section 3202 for any fiscal year, a State shall submit 
to the Secretary, at such time as the Secretary may require, 
an application that— 
‘‘(1) designates the State educational agency as 
the agency responsible for the administration and su-
pervision of programs assisted under this part; 
‘‘(2) describes how the State educational agency 
will use funds reserved for State-level activities; 
‘‘(3) describes the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding funds to eligible entities on a 
competitive basis, which shall include reviewing how 
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the proposed project will help increase student aca-
demic achievement; 
‘‘(4) describes how the State educational agency 
will ensure that awards made under this part are— 
‘‘(A) of sufficient size and scope to support 
high-quality, effective programs that are con-
sistent with the purpose of this part; and 
‘‘(B) in amounts that are consistent with 
section 3204(f); 
‘‘(5) describes the steps the State educational 
agency will take to ensure that programs implement 
effective strategies, including providing ongoing tech-
nical assistance and training, and dissemination of 
evidence-based and other effective strategies; 
‘‘(6) describes how the State educational agency 
will consider students across all grades when making 
these awards; 
‘‘(7) an assurance that, other than providing 
technical and advisory assistance and monitoring 
compliance with this part, the State educational 
agency has not exercised and will not exercise any in-
fluence in the decision-making process of eligible enti-
ties as to the expenditure of funds received by the eli-
gible entities under this part; 
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113 
(A) in paragraph (1), by striking ‘‘section 
8014(e)’’ and inserting ‘‘section 3(c)(4)’’; 
(B) in paragraph (3)— 
(i) in subparagraph (C)(i)(I), by add-
ing at the end the following: 
‘‘(cc) At least 10 percent of the 
property in the agency is exempt from 
State and local taxation under Federal 
law.’’; and 
(ii) by adding at the end the following: 
‘‘(F) LIMITATIONS
ON
ELIGIBILITY
RE-
QUIREMENTS.—The Secretary shall not limit eli-
gibility— 
‘‘(i) under subparagraph (C)(i)(I)(aa), 
to those local educational agencies in which 
the number of children determined under 
section 8003(a)(1)(C) for each such agency 
for the preceding school year constituted 
more than 40 percent of the total student 
enrollment in the schools of each such agen-
cy during the preceding school year; and 
‘‘(ii) under subparagraph (C)(i)(I)(cc), 
to those local educational agencies in which 
more than 10 percent of the property in 
VerDate Mar 15 2010 
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mstockstill on DSK4VPTVN1PROD with BILLS