II 
Calendar No. 147 
114TH CONGRESS 
1ST SESSION 
H. R. 5 
IN THE SENATE OF THE UNITED STATES 
JULY 13, 2015 
Received; read twice and placed on the calendar 
AN ACT 
To support State and local accountability for public edu-
cation, protect State and local authority, inform parents 
of the performance of their children’s schools, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Student Success Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
Sec. 7. Sense of the Congress. 
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TITLE I—AID TO LOCAL EDUCATIONAL AGENCIES 
Subtitle A—In General 
Sec. 101. Title heading. 
Sec. 102. Statement of purpose. 
Sec. 103. Flexibility to use Federal funds. 
Sec. 104. School improvement. 
Sec. 105. Direct student services. 
Sec. 106. State administration. 
Subtitle B—Improving the Academic Achievement of the Disadvantaged 
Sec. 111. Part A headings. 
Sec. 112. State plans. 
Sec. 113. Local educational agency plans. 
Sec. 114. Eligible school attendance areas. 
Sec. 115. Schoolwide programs. 
Sec. 116. Targeted assistance schools. 
Sec. 117. Academic assessment and local educational agency and school im-
provement; school support and recognition. 
Sec. 118. Parental involvement. 
Sec. 119. Qualifications for paraprofessionals. 
Sec. 120. Participation of children enrolled in private schools. 
Sec. 121. Fiscal requirements. 
Sec. 122. Coordination requirements. 
Sec. 123. Grants for the outlying areas and the Secretary of the Interior. 
Sec. 124. Allocations to States. 
Sec. 125. Basic grants to local educational agencies. 
Sec. 126. Targeted grants to local educational agencies. 
Sec. 127. Adequacy of funding to local educational agencies in fiscal years after 
fiscal year 2001. 
Sec. 128. Education finance incentive grant program. 
Sec. 129. Carryover and waiver. 
Sec. 130. Title I portability. 
Subtitle C—Additional Aid to States and School Districts 
Sec. 131. Additional aid. 
Subtitle D—National Assessment 
Sec. 141. National assessment of title I. 
Subtitle E—Title I General Provisions 
Sec. 151. General provisions for title I. 
TITLE II—TEACHER PREPARATION AND EFFECTIVENESS 
Sec. 201. Teacher preparation and effectiveness. 
Sec. 202. Conforming repeals. 
TITLE III—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 
Sec. 301. Parental engagement and local flexibility. 
TITLE IV—IMPACT AID 
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Sec. 401. Purpose. 
Sec. 402. Payments relating to Federal acquisition of real property. 
Sec. 403. Payments for eligible federally connected children. 
Sec. 404. Policies and procedures relating to children residing on Indian lands. 
Sec. 405. Application for payments under sections 8002 and 8003. 
Sec. 406. Construction. 
Sec. 407. Facilities. 
Sec. 408. State consideration of payments providing State aid. 
Sec. 409. Federal administration. 
Sec. 410. Administrative hearings and judicial review. 
Sec. 411. Definitions. 
Sec. 412. Authorization of appropriations. 
Sec. 413. Conforming amendments. 
TITLE 
V—THE 
FEDERAL 
GOVERNMENT’S 
TRUST 
RESPONSI-
BILITY TO AMERICAN INDIAN, ALASKA NATIVE, AND NATIVE 
HAWAIIAN EDUCATION 
Sec. 501. The Federal Government’s Trust Responsibility to American Indian, 
Alaska Native, and Native Hawaiian Education. 
TITLE VI—GENERAL PROVISIONS FOR THE ACT 
Sec. 601. General provisions for the Act. 
Sec. 602. Repeal. 
Sec. 603. Other laws. 
Sec. 604. Amendment to IDEA. 
TITLE VII—HOMELESS EDUCATION 
Sec. 701. Statement of policy. 
Sec. 702. Grants for State and local activities for the education of homeless 
children and youths. 
Sec. 703. Local educational agency subgrants for the education of homeless 
children and youths. 
Sec. 704. Secretarial responsibilities. 
Sec. 705. Definitions. 
Sec. 706. Authorization of appropriations. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
Sec. 801. Findings; Sense of the Congress. 
Sec. 802. Preventing improper use of taxpayer funds. 
Sec. 803. Accountability to taxpayers through monitoring and oversight. 
Sec. 804. Prohibition of using education funds for excess payments to certain 
retirement or pension systems. 
Sec. 805. Sense of Congress on the free exercise of religion. 
TITLE IX—SCHOOLS OF THE FUTURE ACT 
Sec. 901. Short title. 
Sec. 902. Findings. 
Sec. 903. Program authorized. 
Sec. 904. Application. 
Sec. 905. Application review and award basis. 
Sec. 906. Use of funds. 
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Sec. 907. Data collection and evaluation. 
Sec. 908. Definitions. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq.). 
SEC. 4. TRANSITION. 
Unless otherwise provided in this Act, any person or 
agency that was awarded a grant under the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) prior to the date of the enactment of this Act shall 
continue to receive funds in accordance with the terms of 
such award, except that funds for such award may not 
continue more than one year after the date of the enact-
ment of this Act. 
SEC. 5. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as otherwise provided in 
this Act, this Act, and the amendments made by this Act, 
shall be effective upon the date of the enactment of this 
Act. 
(b) NONCOMPETITIVE PROGRAMS.—With respect to 
noncompetitive programs under which any funds are allot-
ted by the Secretary of Education to recipients on the 
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basis of a formula, this Act, and the amendments made 
by this Act, shall take effect on October 1, 2015. 
(c) COMPETITIVE PROGRAMS.—With respect to pro-
grams that are conducted by the Secretary on a competi-
tive basis, this Act, and the amendments made by this Act, 
shall take effect with respect to appropriations for use 
under those programs for fiscal year 2016. 
(d) IMPACT AID.—With respect to title IV of the Act 
(20 U.S.C. 7701 et seq.) (Impact Aid), this Act, and the 
amendments made by this Act, shall take effect with re-
spect to appropriations for use under that title for fiscal 
year 2016. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
The Act (20 U.S.C. 6301 et seq.) is amended by in-
serting after section 2 the following: 
‘‘SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) TITLE I.— 
‘‘(1) PART A.—There are authorized to be ap-
propriated to carry out part A of title I 
$16,245,163,000 for each of fiscal years 2016 
through 2019. 
‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of title I $710,000 
for each of fiscal years 2016 through 2019. 
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‘‘(b) TITLE II.—There are authorized to be appro-
priated to carry out title II $2,788,356,000 for each of 
fiscal years 2016 through 2021. 
‘‘(c) TITLE III.— 
‘‘(1) PART A.— 
‘‘(A) SUBPART 1.—There are authorized to 
be appropriated to carry out subpart 1 of part 
A of title III $300,000,000 for each of fiscal 
years 2016 through 2019. 
‘‘(B) SUBPART 2.—There are authorized to 
be appropriated to carry out subpart 2 of part 
A of title III $91,647,000 for each of fiscal 
years 2016 through 2019. 
‘‘(C) SUBPART 3.—There are authorized to 
be appropriated to carry out subpart 3 of part 
A of title III $25,000,000 for each of fiscal 
years 2016 through 2019. 
‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of title III 
$2,302,287,000 for each of fiscal years 2016 
through 2019. 
‘‘(d) TITLE IV.— 
‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF 
REAL PROPERTY.—For the purpose of making pay-
ments under section 4002, there are authorized to 
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be appropriated $66,813,000 for each of fiscal years 
2016 through 2019. 
‘‘(2) BASIC PAYMENTS; PAYMENTS FOR HEAV-
ILY
IMPACTED
LOCAL
EDUCATIONAL
AGENCIES.— 
For the purpose of making payments under section 
4003(b), there are authorized to be appropriated 
$1,151,233,000 for each of fiscal years 2016 
through 2019. 
‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL-
ITIES.—For the purpose of making payments under 
section 4003(d), there are authorized to be appro-
priated $48,316,000 for each of fiscal years 2016 
through 2019. 
‘‘(4) CONSTRUCTION.—For the purpose of car-
rying out section 4007, there are authorized to be 
appropriated $17,406,000 for each of fiscal years 
2016 through 2019. 
‘‘(5) FACILITIES MAINTENANCE.—For the pur-
pose of carrying out section 4008, there are author-
ized to be appropriated $4,835,000 for each of fiscal 
years 2016 through 2019.’’. 
SEC. 7. SENSE OF THE CONGRESS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) The Elementary and Secondary Education 
Act prohibits the Federal Government from man-
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dating, directing, or controlling a State, local edu-
cational agency, or school’s curriculum, program of 
instruction, or allocation of State and local re-
sources, and from mandating a State or any subdivi-
sion thereof to spend any funds or incur any costs 
not paid for under such Act. 
(2) The Elementary and Secondary Education 
Act prohibits the Federal Government from funding 
the development, pilot testing, field testing, imple-
mentation, administration, or distribution of any 
federally sponsored national test in reading, mathe-
matics, or any other subject, unless specifically and 
explicitly authorized by law. 
(3) The Secretary of Education, through 3 sep-
arate initiatives, has created a system of waivers and 
grants that influence, incentivize, and coerce State 
educational agencies into implementing common na-
tional elementary and secondary standards and as-
sessments endorsed by the Secretary. 
(4) The Race to the Top Fund encouraged and 
incentivized States to adopt Common Core State 
Standards developed by the National Governor’s As-
sociation Center for Best Practices and the Council 
of Chief State School Officers. 
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(5) The Race to the Top Assessment grants 
awarded to the Partnership for the Assessment of 
Readiness for College and Careers (PARCC) and 
SMARTER 
Balanced 
Assessment 
Consortium 
(SMARTER Balance) initiated the development of 
Common Core State Standards aligned assessments 
that will, in turn, inform and ultimately influence 
kindergarten through 12th-grade curriculum and in-
structional materials. 
(6) The conditional Elementary and Secondary 
Education Act flexibility waiver authority employed 
by the Department of Education coerced States into 
accepting Common Core State Standards and 
aligned assessments. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that States and local educational agencies 
retain the rights and responsibilities of determining edu-
cational curriculum, programs of instruction, and assess-
ments for elementary and secondary education. 
TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES 
Subtitle A—In General 
SEC. 101. TITLE HEADING. 
The title heading for title I (20 U.S.C. 6301 et seq.) 
is amended to read as follows: 
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‘‘TITLE I—AID TO LOCAL 
EDUCATIONAL AGENCIES’’. 
SEC. 102. STATEMENT OF PURPOSE. 
Section 1001 (20 U.S.C. 6301) is amended to read 
as follows: 
‘‘SEC. 1001. STATEMENT OF PURPOSE. 
‘‘The purpose of this title is to provide all children 
the opportunity to graduate high school prepared for post-
secondary education or the workforce. This purpose can 
be accomplished by— 
‘‘(1) meeting the educational needs of low- 
achieving children in our Nation’s highest-poverty 
schools, English learners, migratory children, chil-
dren with disabilities, Indian children, and neglected 
or delinquent children; 
‘‘(2) closing the achievement gap between high- 
and low-performing children, especially the achieve-
ment gaps between minority and nonminority stu-
dents, and between disadvantaged children and their 
more advantaged peers; 
‘‘(3) affording parents substantial and mean-
ingful opportunities to participate in the education 
of their children; and 
‘‘(4) challenging States and local educational 
agencies to embrace meaningful, evidence-based edu-
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cation reform, while encouraging state and local in-
novation.’’. 
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS. 
Section 1002 (20 U.S.C. 6302) is amended to read 
as follows: 
‘‘SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS. 
‘‘(a) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
STATE EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a State educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any State activity authorized or re-
quired under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Section 1004. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(2) NOTIFICATION.—Not later than June 1 of 
each year, a State educational agency shall notify 
the Secretary of the State educational agency’s in-
tention to use the applicable funding for any of the 
alternative uses under paragraph (1). 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out State activities under one or more of 
the following provisions: 
‘‘(i) Section 1003. 
‘‘(ii) Section 1004. 
‘‘(iii) Subpart 2 of part A of title I. 
‘‘(iv) Subpart 3 of part A of title I. 
‘‘(v) Subpart 4 of part A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that State educational agen-
cies are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to 
local educational agencies or other entities 
eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
‘‘(4) DISBURSEMENT.—The Secretary shall dis-
burse the applicable funding to State educational 
agencies for alternative uses under paragraph (1) for 
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a fiscal year at the same time as the Secretary dis-
burses the applicable funding to State educational 
agencies that do not intend to use the applicable 
funding for such alternative uses for the fiscal year. 
‘‘(b) ALTERNATIVE USES OF FEDERAL FUNDS FOR 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—Subject to subsections (c) 
and (d) and notwithstanding any other provision of 
law, a local educational agency may use the applica-
ble funding that the agency receives for a fiscal year 
to carry out any local activity authorized or required 
under one or more of the following provisions: 
‘‘(A) Section 1003. 
‘‘(B) Subpart 1 of part A of title I. 
‘‘(C) Subpart 2 of part A of title I. 
‘‘(D) Subpart 3 of part A of title I. 
‘‘(E) Subpart 4 of part A of title I. 
‘‘(2) NOTIFICATION.—A local educational agen-
cy shall notify the State educational agency of the 
local educational agency’s intention to use the appli-
cable funding for any of the alternative uses under 
paragraph (1) by a date that is established by the 
State educational agency for the notification. 
‘‘(3) APPLICABLE FUNDING DEFINED.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), in this subsection, the term 
‘applicable funding’ means funds provided to 
carry out local activities under one or more of 
the following provisions: 
‘‘(i) Subpart 2 of part A of title I. 
‘‘(ii) Subpart 3 of part A of title I. 
‘‘(iii) Subpart 4 of part A of title I. 
‘‘(B) LIMITATION.—In this subsection, the 
term ‘applicable funding’ does not include funds 
provided under any of the provisions listed in 
subparagraph (A) that local educational agen-
cies are required by this Act— 
‘‘(i) to reserve, allocate, or spend for 
required activities; 
‘‘(ii) to allocate, allot, or award to en-
tities eligible to receive such funds; or 
‘‘(iii) to use for technical assistance or 
monitoring. 
‘‘(4) DISBURSEMENT.—Each State educational 
agency that receives applicable funding for a fiscal 
year shall disburse the applicable funding to local 
educational agencies for alternative uses under para-
graph (1) for the fiscal year at the same time as the 
State educational agency disburses the applicable 
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funding to local educational agencies that do not in-
tend to use the applicable funding for such alter-
native uses for the fiscal year. 
‘‘(c) RULE FOR ADMINISTRATIVE COSTS.—A State 
educational agency or a local educational agency shall only 
use applicable funding (as defined in subsection (a)(3) or 
(b)(3), respectively) for administrative costs incurred in 
carrying out a provision listed in subsection (a)(1) or 
(b)(1), respectively, to the extent that the agency, in the 
absence of this section, could have used funds for adminis-
trative costs with respect to a program listed in subsection 
(a)(3) or (b)(3), respectively. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to relieve a State educational agen-
cy or local educational agency of any requirements relating 
to— 
‘‘(1) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(2) comparability of services; 
‘‘(3) equitable participation of private school 
students and teachers; 
‘‘(4) applicable civil rights requirements; 
‘‘(5) section 1113; or 
‘‘(6) section 1111.’’. 
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SEC. 104. SCHOOL IMPROVEMENT. 
Section 1003 (20 U.S.C. 6303) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘2 percent’’ and inserting 
‘‘7 percent’’; and 
(B) by striking ‘‘subpart 2 of part A’’ and 
all that follows through ‘‘sections 1116 and 
1117,’’ and inserting ‘‘chapter B of subpart 1 
of part A for each fiscal year to carry out sub-
section (b),’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘for 
schools identified for school improvement, cor-
rective action, and restructuring, for activities 
under section 1116(b)’’ and inserting ‘‘to carry 
out the State’s system of school improvement 
under section 1111(b)(3)(B)(iii)’’; and 
(B) in paragraph (2), by striking ‘‘or edu-
cational service agencies’’ and inserting ‘‘, edu-
cational service agencies, or non-profit or for- 
profit external providers with expertise in using 
evidence-based or other effective strategies to 
improve student achievement’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘and’’ 
at the end; 
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(B) in paragraph (2), by striking ‘‘need for 
such funds; and’’ and inserting ‘‘commitment to 
using such funds to improve such schools.’’; and 
(C) by striking paragraph (3); 
(4) in subsection (d)(1), by striking ‘‘subpart 2 
of part A;’’ and inserting ‘‘chapter B of subpart 1 
of part A;’’; 
(5) in subsection (e)— 
(A) by striking ‘‘in any fiscal year’’ and in-
serting ‘‘in fiscal year 2016 and each subse-
quent fiscal year’’; 
(B) by striking ‘‘subpart 2’’ and inserting 
‘‘chapter B of subpart 1 of part A’’; and 
(C) by striking ‘‘such subpart’’ and insert-
ing ‘‘such chapter’’; 
(6) in subsection (f), by striking ‘‘and the per-
centage of students from each school from families 
with incomes below the poverty line’’; and 
(7) by striking subsection (g). 
SEC. 105. DIRECT STUDENT SERVICES. 
The Act (20 U.S.C. 6301 et seq.) is amended by in-
serting after section 1003 the following: 
‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 
‘‘(a) STATE RESERVATION.—Each State shall reserve 
3 percent of the amount the State receives under chapter 
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B of subpart 1 of part A for each fiscal year to carry 
out this section. Of such reserved funds, the State edu-
cational agency may use up to 1 percent to administer 
direct student services. 
‘‘(b) DIRECT
STUDENT
SERVICES.—From the 
amount available after the application of subsection (a), 
each State shall award grants in accordance with this sec-
tion to local educational agencies to support direct student 
services. 
‘‘(c) AWARDS.—The State educational agency shall 
award grants to geographically diverse local educational 
agencies including suburban, rural, and urban local edu-
cational agencies. If there are not enough funds to award 
all applicants in a sufficient size and scope to run an effec-
tive direct student services program, the State shall 
prioritize awards to local educational agencies with the 
greatest number of students with disabilities, neglected, 
delinquent, migrant students, English learners, at-risk 
students, and Native Americans, to increase academic 
achievement of such students. 
‘‘(d) LOCAL USE OF FUNDS.—A local educational 
agency receiving an award under this section— 
‘‘(1) shall use up to 1 percent of each award for 
outreach and communication to parents about their 
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options and to register students for direct student 
services; 
‘‘(2) may use not more than 2 percent of each 
award for administrative costs related to direct stu-
dent services; and 
‘‘(3) shall use the remainder of the award to 
pay the transportation required to provide public 
school choice or the hourly rate for high-quality aca-
demic tutoring services, as determined by a provider 
on the State-approved list required under subsection 
(f)(2). 
‘‘(e) APPLICATION.—A local educational agency de-
siring to receive an award under subsection (b) shall sub-
mit an application describing how the local educational 
agency will— 
‘‘(1) provide adequate outreach to ensure par-
ents can exercise a meaningful choice of direct stu-
dent services for their child’s education; 
‘‘(2) ensure parents have adequate time and in-
formation to make a meaningful choice prior to en-
rolling their child in a direct student service; 
‘‘(3) ensure sufficient availability of seats in the 
public schools the local educational agency will make 
available for public school choice options; 
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‘‘(4) determine the requirements or criteria for 
student eligibility for direct student services; 
‘‘(5) select a variety of providers of high-quality 
academic tutoring from the State-approved list re-
quired under subsection (f)(2) and ensure fair nego-
tiations in selecting such providers of high-quality 
academic tutoring, including online, on campus, and 
other models of tutoring which provide meaningful 
choices to parents to find the best service for their 
child; and 
‘‘(6) develop an estimated per pupil expenditure 
available for eligible students to use toward high- 
quality academic tutoring which shall allow for an 
adequate level of services to increase academic 
achievement from a variety of high-quality academic 
tutoring providers. 
‘‘(f) PROVIDERS AND SCHOOLS.—The State— 
‘‘(1) shall ensure that each local educational 
agency receiving an award to provide public school 
choice can provide a sufficient number of options to 
provide a meaningful choice for parents; 
‘‘(2) shall compile a list of State-approved high- 
quality academic tutoring providers that includes on-
line, on campus, and other models of tutoring; and 
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‘‘(3) shall ensure that each local educational 
agency receiving an award will provide an adequate 
number of high-quality academic tutoring options to 
ensure parents have a meaningful choice of serv-
ices.’’. 
SEC. 106. STATE ADMINISTRATION. 
Section 1004 (20 U.S.C. 6304) is amended to read 
as follows: 
‘‘SEC. 1004. STATE ADMINISTRATION. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), to carry out administrative duties assigned under sub-
parts 1, 2, and 3 of part A of this title, each State may 
reserve the greater of— 
‘‘(1) 1 percent of the amounts received under 
such subparts; or 
‘‘(2) $400,000 ($50,000 in the case of each 
outlying area). 
‘‘(b) EXCEPTION.—If the sum of the amounts re-
served under subparts 1, 2, and 3 of part A of this title 
is equal to or greater than $14,000,000,000, then the res-
ervation described in subsection (a)(1) shall not exceed 1 
percent of the amount the State would receive if 
$14,000,000,000 were allocated among the States for sub-
parts 1, 2, and 3 of part A of this title.’’. 
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Subtitle 
B—Improving 
the 
Aca-
demic Achievement of the Dis-
advantaged 
SEC. 111. PART A HEADINGS. 
(a) PART HEADING.—The part heading for part A 
of title I (20 U.S.C. 6311 et seq.) is amended to read 
as follows: 
‘‘PART A—IMPROVING THE ACADEMIC 
ACHIEVEMENT OF THE DISADVANTAGED’’. 
(b) SUBPART 1 HEADING.—The Act is amended by 
striking the subpart heading for subpart 1 of part A of 
title I (20 U.S.C. 6311 et seq.) and inserting the following: 
‘‘Subpart 1—Improving Basic Programs Operated by 
Local Educational Agencies 
‘‘CHAPTER A—BASIC PROGRAM 
REQUIREMENTS’’. 
(c) SUBPART 2 HEADING.—The Act is amended by 
striking the subpart heading for subpart 2 of part A of 
title I (20 U.S.C. 6331 et seq.) and inserting the following: 
‘‘CHAPTER B—ALLOCATIONS’’. 
SEC. 112. STATE PLANS. 
Section 1111 (20 U.S.C. 6311) is amended to read 
as follows: 
‘‘SEC. 1111. STATE PLANS. 
‘‘(a) FILING FOR GRANTS.— 
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‘‘(1) IN GENERAL.—For any State desiring to 
receive a grant under this subpart, the State edu-
cational agency file with the Secretary a plan, devel-
oped by the State educational agency, in consulta-
tion with local educational agencies, teachers, school 
leaders, public charter school representatives, spe-
cialized instructional support personnel, other appro-
priate school personnel, parents, private sector em-
ployers, entrepreneurs, and representatives of Indian 
tribes located in the State, that satisfies the require-
ments of this section and that is coordinated with 
other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, the Head 
Start Act, the Adult Education and Family Literacy 
Act, and the McKinney-Vento Homeless Assistance 
Act. 
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as 
part of a consolidated plan under section 6302. 
‘‘(b) ACADEMIC STANDARDS, ACADEMIC ASSESS-
MENTS, AND STATE ACCOUNTABILITY.— 
‘‘(1) ACADEMIC STANDARDS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has adopted aca-
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demic content standards and academic achieve-
ment standards aligned with such content 
standards that comply with the requirements of 
this paragraph. 
‘‘(B) SUBJECTS.—The State shall have 
such academic standards for mathematics, read-
ing or language arts, and science, and may have 
such standards for any other subject deter-
mined by the State. 
‘‘(C) REQUIREMENTS.—The standards de-
scribed in subparagraph (A) shall— 
‘‘(i) apply to all public schools and 
public school students in the State; and 
‘‘(ii) with respect to academic achieve-
ment standards, include the same knowl-
edge, skills, and levels of achievement ex-
pected of all public school students in the 
State. 
‘‘(D) ALTERNATE
ACADEMIC
ACHIEVE-
MENT STANDARDS.—Notwithstanding any other 
provision of this paragraph, a State retains the 
right, through a documented and validated 
standards-setting process, to adopt alternate 
academic achievement standards for students 
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with the most significant cognitive disabilities, 
if— 
‘‘(i) the determination about whether 
the achievement of an individual student 
should be measured against such standards 
is made separately for each student; and 
‘‘(ii) such standards— 
‘‘(I) are aligned with the State 
academic standards required under 
subparagraph (A); 
‘‘(II) promote access to the gen-
eral curriculum; and 
‘‘(III) reflect professional judg-
ment as to the highest possible stand-
ards achievable by such students. 
‘‘(E) ENGLISH
LANGUAGE
PROFICIENCY 
STANDARDS.—Each State plan shall describe 
how the State educational agency will establish 
English language proficiency standards that 
are— 
‘‘(i) derived from the four recognized 
domains of speaking, listening, reading, 
and writing; and 
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‘‘(ii) aligned with the State’s academic 
content standards in reading or language 
arts under subparagraph (A). 
‘‘(2) ACADEMIC ASSESSMENTS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State educational agency, 
in consultation with local educational agencies, 
has implemented a set of high-quality student 
academic assessments in mathematics, reading 
or language arts, and science. The State retains 
the right to implement such assessments in any 
other subject chosen by the State. 
‘‘(B) REQUIREMENTS.—Such assessments 
shall— 
‘‘(i) in the case of mathematics and 
reading or language arts, be used in deter-
mining the performance of each local edu-
cational agency and public school in the 
State in accordance with the State’s ac-
countability system under paragraph (3); 
‘‘(ii) be the same academic assess-
ments used to measure the academic 
achievement of all public school students in 
the State; 
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‘‘(iii) be aligned with the State’s aca-
demic standards and provide coherent and 
timely information about student attain-
ment of such standards; 
‘‘(iv) be used for purposes for which 
such assessments are valid and reliable, be 
of adequate technical quality for each pur-
pose required under this Act, and be con-
sistent with relevant, nationally recognized 
professional and technical standards; 
‘‘(v)(I) in the case of mathematics 
and reading or language arts, be adminis-
tered in each of grades 3 through 8 and at 
least once in grades 9 through 12; 
‘‘(II) in the case of science, be admin-
istered not less than one time during— 
‘‘(aa) grades 3 through 5; 
‘‘(bb) grades 6 through 9; and 
‘‘(cc) grades 10 through 12; and 
‘‘(III) in the case of any other subject 
chosen by the State, be administered at the 
discretion of the State; 
‘‘(vi) measure individual student aca-
demic proficiency and, at the State’s dis-
cretion, growth; 
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‘‘(vii) at the State’s discretion— 
‘‘(I) be administered through a 
single annual summative assessment; 
or 
‘‘(II) be administered through 
multiple 
assessments 
during 
the 
course of the academic year that re-
sult in a single summative score that 
provides valid, reliable, and trans-
parent 
information 
on 
student 
achievement; 
‘‘(viii) include measures that assess 
higher-order thinking skills and under-
standing; 
‘‘(ix) provide for— 
‘‘(I) the participation in such as-
sessments of all students; 
‘‘(II) the reasonable adaptations 
and accommodations for students with 
disabilities necessary to measure the 
academic achievement of such stu-
dents relative to the State’s academic 
standards; and 
‘‘(III) the inclusion of English 
learners, who shall be assessed in a 
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valid and reliable manner and pro-
vided reasonable accommodations, in-
cluding, to the extent practicable, as-
sessments in the language and form 
most likely to yield accurate and reli-
able information on what such stu-
dents know and can do in academic 
content areas, until such students 
have achieved English language pro-
ficiency, as assessed by the State 
under subparagraph (D); 
‘‘(x) notwithstanding clause (ix)(III), 
provide for the assessment of reading or 
language arts in English for English learn-
ers who have attended school in the United 
States (not including Puerto Rico) for 3 or 
more consecutive school years, except that 
a local educational agency may, on a case- 
by-case basis, provide for the assessment of 
reading or language arts for each such stu-
dent in a language other than English for 
a period not to exceed 2 additional con-
secutive years if the assessment would be 
more likely to yield accurate and reliable 
information on what such student knows 
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and can do, provided that such student has 
not yet reached a level of English language 
proficiency sufficient to yield valid and reli-
able information on what such student 
knows and can do on reading or language 
arts assessments written in English; 
‘‘(xi) produce individual student inter-
pretive, descriptive, and diagnostic reports 
regarding achievement on such assess-
ments that allow parents, teachers, and 
school leaders to understand and address 
the specific academic needs of students, 
and that are provided to parents, teachers, 
and school leaders, as soon as is prac-
ticable after the assessment is given, in an 
understandable and uniform format, and 
to the extent practicable, in a language 
that parents can understand; 
‘‘(xii) 
enable 
results 
to 
be 
disaggregated within each State, local edu-
cational agency, and school by gender, by 
each major racial and ethnic group, by 
English language proficiency status, by mi-
grant status, by status as a student with 
a disability, by status as a student with a 
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parent who is an active duty member of 
the Armed Forces (as defined in section 
101(a)(4) of title 10, United States Code), 
by status as a student in foster care, and 
by economically disadvantaged status, ex-
cept that, in the case of a local educational 
agency or a school, such disaggregation 
shall not be required in a case in which the 
number of students in a category is insuffi-
cient to yield statistically reliable informa-
tion or the results would reveal personally 
identifiable information about an individual 
student; 
‘‘(xiii) be administered to not less 
than 95 percent of all students, and not 
less than 95 percent of each subgroup of 
students 
described 
in 
paragraph 
(3)(B)(ii)(II), except that States shall 
allow the parent of a student to opt such 
student out of the assessments required 
under this paragraph for any reason and 
shall not include such students in calcu-
lating the participation rate under this 
clause; and 
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‘‘(xiv) where practicable, be developed 
using the principles of universal design for 
learning as defined in section 103(24) of 
the Higher Education Act of 1965 (20 
U.S.C. 1003(24)). 
‘‘(C) ALTERNATE ASSESSMENTS.—A State 
may provide for alternate assessments aligned 
with the alternate academic standards adopted 
in accordance with paragraph (1)(D), for stu-
dents with the most significant cognitive dis-
abilities, if the State— 
‘‘(i) establishes and monitors imple-
mentation of clear and appropriate guide-
lines for individualized education program 
teams (as defined in section 614(d)(1)(B) 
of the Individuals with Disabilities Edu-
cation Act) to apply when determining, on 
an annual and subject-by-subject basis, 
when a child’s significant cognitive dis-
ability justifies assessment based on alter-
nate achievement standards; 
‘‘(ii) ensures that the parents of such 
students are clearly informed, as part of 
the process for developing the Individual-
ized Education Program (as defined in sec-
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tion 614(d)(1)(A) of the Individuals with 
Disabilities Education Act (20 U.S.C. 
1414(d)(1)(A)), that— 
‘‘(I) 
their 
child’s 
academic 
achievement will be measured against 
such alternate standards; and 
‘‘(II) whether participation in 
such assessments precludes the stu-
dent from completing the require-
ments for a regular high school di-
ploma 
as 
defined 
in 
section 
6101(36)(A); 
‘‘(iii) ensures that students with the 
most significant cognitive disabilities who 
take an alternate assessment based on al-
ternate academic achievement standards 
are not precluded from attempting to com-
plete the requirements for a regular sec-
ondary school diploma, as determined by 
the State; 
‘‘(iv) demonstrates that such students 
are, to the extent practicable, included in 
the general curriculum and that such alter-
nate assessments are aligned with such 
curriculum; 
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‘‘(v) develops, disseminates informa-
tion about, and promotes the use of appro-
priate accommodations to increase the 
number of students with disabilities who 
are tested against academic achievement 
standards for the grade in which a student 
is enrolled; and 
‘‘(vi) ensures that regular and special 
education teachers and other appropriate 
staff know how to administer the alternate 
assessments, including making appropriate 
use of accommodations for students with 
disabilities. 
‘‘(D) ASSESSMENTS
OF
ENGLISH
LAN-
GUAGE PROFICIENCY.— 
‘‘(i) IN GENERAL.—Each State plan 
shall demonstrate that local educational 
agencies in the State will provide for an 
annual assessment of English proficiency 
of all English learners in the schools 
served by the State educational agency. 
‘‘(ii) ALIGNMENT.—The assessments 
described in clause (i) shall be aligned with 
the State’s English language proficiency 
standards described in paragraph (1)(E). 
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‘‘(E) 
LANGUAGE
ASSESSMENTS.—Each 
State plan shall identify the languages other 
than English that are present in the partici-
pating student population and indicate the lan-
guages for which yearly student academic as-
sessments are not available and are needed. 
The State shall make every effort to develop 
such assessments and may request assistance 
from the Secretary if linguistically accessible 
academic assessment measures are needed. 
Upon request, the Secretary shall assist with 
the identification of appropriate academic as-
sessment measures in the needed languages, but 
shall not mandate a specific academic assess-
ment or mode of instruction. 
‘‘(F) ADAPTIVE
ASSESSMENTS.—A State 
retains the right to develop and administer 
computer adaptive assessments as the assess-
ments required under subparagraph (A). If a 
State develops and administers a computer 
adaptive assessment for such purposes, the as-
sessment shall meet the requirements of this 
paragraph, except as follows: 
‘‘(i) Notwithstanding subparagraph 
(B)(iii), the assessment— 
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‘‘(I) shall measure, at a min-
imum, each student’s academic pro-
ficiency against the State’s academic 
standards for the student’s grade level 
and growth toward such standards; 
and 
‘‘(II) if the State chooses, may be 
used to measure the student’s level of 
academic 
proficiency 
and 
growth 
using assessment items above or below 
the student’s grade level, including for 
use as part of a State’s accountability 
system under paragraph (3). 
‘‘(ii) Subparagraph (B)(ii) shall not 
be interpreted to require that all students 
taking the computer adaptive assessment 
be administered the same assessment 
items. 
‘‘(G) LOCALLY
DESIGNED
ASSESSMENT 
SYSTEM.—Nothing in this paragraph shall be 
construed to prohibit a local educational agency 
from administering its own assessments in lieu 
of the State-designed academic assessment sys-
tem under this paragraph, if— 
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‘‘(i) the local educational agency ob-
tains approval from the State to admin-
ister a locally designed academic assess-
ment system; 
‘‘(ii) such assessments provide data 
that is comparable among all local edu-
cational agencies within the State; and 
‘‘(iii) the locally designed academic as-
sessment system meets the requirements 
for the assessments under subparagraph 
(B), except the requirement under clause 
(ii) of such subparagraph. 
‘‘(3) STATE ACCOUNTABILITY SYSTEMS.— 
‘‘(A) IN GENERAL.—Each State plan shall 
demonstrate that the State has developed and is 
implementing a single, statewide accountability 
system to ensure that all public school students 
graduate from high school prepared for postsec-
ondary education or the workforce without the 
need for remediation. 
‘‘(B) ELEMENTS.—Each State account-
ability system described in subparagraph (A) 
shall at a minimum— 
‘‘(i) annually measure the academic 
achievement of all public school students in 
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the State against the State’s mathematics 
and reading or language arts academic 
standards adopted under paragraph (1), 
which may include measures of student 
growth toward such standards, using the 
mathematics and reading or language arts 
assessments described in paragraph (2)(B) 
and other valid and reliable academic indi-
cators related to student achievement as 
identified by the State; 
‘‘(ii) annually evaluate and identify 
the academic performance of each public 
school in the State based on— 
‘‘(I) student academic achieve-
ment as measured in accordance with 
clause (i); 
‘‘(II) the overall performance, 
and achievement gaps as compared to 
all students in the school, for eco-
nomically disadvantaged students, stu-
dents from major racial and ethnic 
groups, students with disabilities, and 
English 
learners, 
except 
that 
disaggregation of data under this sub-
clause shall not be required in a case 
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in which the number of students in a 
category is insufficient to yield statis-
tically reliable information or the re-
sults would reveal personally identifi-
able information about an individual 
student; and 
‘‘(III) other measures of school 
success; and 
‘‘(iii) include a system for school im-
provement 
for 
low-performing 
public 
schools receiving funds under this subpart 
that— 
‘‘(I) implements interventions in 
such schools that are designed to ad-
dress such schools’ weaknesses; and 
‘‘(II) is implemented by local 
educational agencies serving such 
schools. 
‘‘(C) PROHIBITION.—Nothing in this sec-
tion shall be construed to permit the Secretary 
to establish any criteria that specifies, defines, 
or prescribes any aspect of a State’s account-
ability system developed and implemented in ac-
cordance with this paragraph. 
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‘‘(D) 
ACCOUNTABILITY
FOR
CHARTER 
SCHOOLS.—The accountability provisions under 
this Act shall be overseen for charter schools in 
accordance with State charter school law. 
‘‘(E) 
RECENTLY
ARRIVED
ENGLISH 
LEARNERS.—A State may delay inclusion of the 
academic achievement of English learners for 
purposes of the evaluation and identification de-
scribed in subparagraph (B)(ii) if such students 
have attended schools in the 50 states or the 
District of Columbia for less than two years (in 
the case of mathematics) and less than three 
years (in the case of reading or language arts), 
except that if the State uses growth calculations 
as described in clause (i) of such subparagraph 
in such evaluation and identification, the State 
shall include such students in such calculations. 
‘‘(4) REQUIREMENTS.—Each State plan shall 
describe— 
‘‘(A) how the State educational agency will 
assist each local educational agency and each 
public school affected by the State plan to com-
ply with the requirements of this subpart, in-
cluding how the State educational agency will 
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work with local educational agencies to provide 
technical assistance; and 
‘‘(B) how the State educational agency will 
ensure that the results of the State assessments 
described in paragraph (2), the other indicators 
selected 
by 
the 
State 
under 
paragraph 
(3)(B)(i), and the school evaluations described 
in paragraph (3)(B)(ii), will be promptly pro-
vided to local educational agencies, schools, 
teachers, and parents in a manner that is clear 
and easy to understand, but not later than be-
fore the beginning of the school year following 
the school year in which such assessments, 
other indicators, or evaluations are taken or 
completed. 
‘‘(5) TIMELINE FOR IMPLEMENTATION.—Each 
State plan shall describe the process by which the 
State will adopt and implement the State academic 
standards, assessments, and accountability system 
required under this section within 2 years of enact-
ment of the Student Success Act. 
‘‘(6) EXISTING STANDARDS.—Nothing in this 
subpart shall prohibit a State from revising, con-
sistent with this section, any standard adopted 
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under this section before or after the date of the en-
actment of the Student Success Act. 
‘‘(7) EXISTING STATE LAW.—Nothing in this 
section shall be construed to alter any State law or 
regulation granting parents authority over schools 
that repeatedly failed to make adequate yearly 
progress under this section, as in effect on the day 
before the date of the enactment of the Student Suc-
cess Act. 
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING 
AND LEARNING.—Each State plan shall contain assur-
ances that— 
‘‘(1) the State will notify local educational 
agencies, schools, teachers, parents, and the public 
of the academic standards, academic assessments, 
and State accountability system developed and im-
plemented under this section; 
‘‘(2) the State will participate in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act if the Secretary 
pays the costs of administering such assessments; 
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‘‘(3) the State educational agency will notify 
local educational agencies and the public of the au-
thority to operate schoolwide programs; 
‘‘(4) the State educational agency will provide 
the least restrictive and burdensome regulations for 
local educational agencies and individual schools par-
ticipating in a program assisted under this subpart; 
‘‘(5) the State educational agency will encour-
age schools to consolidate funds from other Federal, 
State, and local sources for schoolwide reform in 
schoolwide programs under section 1114; 
‘‘(6) the State educational agency will modify or 
eliminate State fiscal and accounting barriers so 
that schools can easily consolidate funds from other 
Federal, State, and local sources for schoolwide pro-
grams under section 1114; and 
‘‘(7) the State educational agency will inform 
local educational agencies in the State of the local 
educational agency’s authority to transfer funds 
under section 1002 and to obtain waivers under sec-
tion 6401. 
‘‘(d) PARENTAL INVOLVEMENT.—Each State plan 
shall describe how the State educational agency will sup-
port the collection and dissemination to local educational 
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agencies and schools of effective parental involvement 
practices. Such practices shall— 
‘‘(1) be based on the most current research that 
meets the highest professional and technical stand-
ards on effective parental involvement that fosters 
achievement to high standards for all children; 
‘‘(2) be geared toward lowering barriers to 
greater participation by parents in school planning, 
review, and improvement; and 
‘‘(3) be coordinated with programs funded 
under subpart 3 of part A of title III. 
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.— 
‘‘(1) ESTABLISHMENT.—Notwithstanding sec-
tion 6543, the Secretary shall— 
‘‘(A) establish a peer-review process to as-
sist in the review of State plans; and 
‘‘(B) appoint individuals to the peer-review 
process who are representative of parents, 
teachers, State educational agencies, local edu-
cational agencies, and private sector employers 
(including representatives of entrepreneurial 
ventures), and who are familiar with edu-
cational standards, assessments, accountability, 
the needs of low-performing schools, and other 
educational needs of students, and ensure that 
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65 percent of such appointees are practitioners 
and 10 percent are representatives of private 
sector employers. 
‘‘(2) APPROVAL.—The Secretary shall— 
‘‘(A) approve a State plan within 120 days 
of its submission; 
‘‘(B) disapprove of the State plan only if 
the Secretary demonstrates how the State plan 
fails to meet the requirements of this section 
and immediately notifies the State of such de-
termination and the reasons for such deter-
mination; 
‘‘(C) not decline to approve a State’s plan 
before— 
‘‘(i) offering the State an opportunity 
to revise its plan; 
‘‘(ii) providing technical assistance in 
order to assist the State to meet the re-
quirements of this section; and 
‘‘(iii) providing a hearing; and 
‘‘(D) have the authority to disapprove a 
State plan for not meeting the requirements of 
this subpart, but shall not have the authority to 
require a State, as a condition of approval of 
the State plan, to include in, or delete from, 
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such plan one or more specific elements of the 
State’s academic standards or State account-
ability system, or to use specific academic as-
sessments or other indicators. 
‘‘(3) STATE REVISIONS.—A State plan shall be 
revised by the State educational agency if it is nec-
essary to satisfy the requirements of this section. 
‘‘(4) PUBLIC
REVIEW.—All communications, 
feedback, and notifications under this subsection 
shall be conducted in a manner that is immediately 
made available to the public through the website of 
the Department, including— 
‘‘(A) peer review guidance; 
‘‘(B) the names of the peer reviewers; 
‘‘(C) State plans submitted or resubmitted 
by a State, including the current approved 
plans; 
‘‘(D) peer review notes; 
‘‘(E) State plan determinations by the Sec-
retary, including approvals or disapprovals, and 
any deviations from the peer reviewers’ rec-
ommendations with an explanation of the devi-
ation; and 
‘‘(F) hearings. 
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‘‘(5) PROHIBITION.—The Secretary, and the 
Secretary’s staff, may not attempt to participate in, 
or influence, the peer review process. No Federal 
employee may participate in, or attempt to influence 
the peer review process, except to respond to ques-
tions of a technical nature, which shall be publicly 
reported. 
‘‘(6) RULE OF CONSTRUCTION.—A State plan 
shall be presumed approved upon submission unless 
the Secretary finds that the plan does not meet one 
of the required elements, but in no case shall a defi-
ciency be found due to the content of the material 
submitted. 
‘‘(f) DURATION OF THE PLAN.— 
‘‘(1) IN GENERAL.—Each State plan shall— 
‘‘(A) remain in effect for the duration of 
the State’s participation under this subpart; 
and 
‘‘(B) be periodically reviewed and revised 
as necessary by the State educational agency to 
reflect changes in the State’s strategies and 
programs under this subpart. 
‘‘(2) ADDITIONAL
INFORMATION.—If a State 
makes significant changes to its State plan, such as 
the adoption of new State academic standards or 
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new academic assessments, or adopts a new State 
accountability system, such information shall be sub-
mitted to the Secretary under subsection (e)(2) for 
approval. 
‘‘(g) FAILURE TO MEET REQUIREMENTS.—If a 
State fails to meet any of the requirements of this section 
then the Secretary shall withhold funds for State adminis-
tration under this subpart until the Secretary determines 
that the State has fulfilled those requirements. 
‘‘(h) REPORTS.— 
‘‘(1) ANNUAL STATE REPORT CARD.— 
‘‘(A) IN GENERAL.—A State that receives 
assistance under this subpart shall prepare and 
disseminate an annual State report card. Such 
dissemination shall include, at a minimum, pub-
licly posting the report card on the home page 
of the State educational agency’s website. 
‘‘(B) IMPLEMENTATION.—The State report 
card shall be— 
‘‘(i) concise; and 
‘‘(ii) presented in an understandable 
and uniform format that is developed in 
consultation with parents and, to the ex-
tent practicable, provided in a language 
that parents can understand. 
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‘‘(C) 
REQUIRED
INFORMATION.—The 
State shall include in its annual State report 
card information on— 
‘‘(i) the performance of students, in 
the aggregate and disaggregated by the 
categories of students described in sub-
section (b)(2)(B)(xii) (except that such 
disaggregation shall not be required in a 
case in which the number of students in a 
category is insufficient to yield statistically 
reliable information or the results would 
reveal personally identifiable information 
about an individual student), on the State 
academic assessments described in sub-
section (b)(2); 
‘‘(ii) the participation rate on such as-
sessments, 
in 
the 
aggregate 
and 
disaggregated in accordance with clause 
(i); 
‘‘(iii) the performance of students, in 
the aggregate and disaggregated in accord-
ance with clause (i), on other academic in-
dicators 
described 
in 
subsection 
(b)(3)(B)(i); 
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‘‘(iv) the number, percentage, and dis-
ability category of students with significant 
cognitive disabilities participating in the al-
ternate assessments described in sub-
section (b)(2)(C) (except that such report-
ing shall not be required in a case in which 
the results would reveal personally identifi-
able information about an individual stu-
dent); 
‘‘(v) for each public high school in the 
State, in the aggregate and disaggregated 
in accordance with clause (i)— 
‘‘(I) the four-year adjusted co-
hort graduation rate, and 
‘‘(II) if applicable, the extended- 
year adjusted cohort graduation rate, 
reported separately for students grad-
uating in 5 years or less, students 
graduating in 6 years or less, and stu-
dents graduating in 7 or more years; 
‘‘(vi) each public school’s evaluation 
results as determined in accordance with 
subsection (b)(3)(B)(ii); 
‘‘(vii) the acquisition of English pro-
ficiency by English learners; 
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‘‘(viii) if appropriate, as determined 
by the State, the number and percentage 
of teachers in each category established 
under section 2123(1), except that such in-
formation shall not reveal personally iden-
tifiable information about an individual 
teacher; and 
‘‘(ix) the results of the assessments 
described in subsection (c)(2). 
‘‘(D) OPTIONAL INFORMATION.—The State 
may include in its annual State report card 
such other information as the State believes will 
best provide parents, students, and other mem-
bers of the public with information regarding 
the progress of each of the State’s public ele-
mentary schools and public secondary schools, 
such as the number of students enrolled in each 
public secondary school in the State attaining 
career and technical proficiencies, as defined in 
section 113(b)(2)(A) of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, and 
reported by the State in a manner consistent 
with section 113(c) of such Act. 
‘‘(E) DATA.—All personal, private student 
data shall be prohibited from use beyond as-
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sessing student performance as provided for in 
subparagraph (C). The State’s annual report 
shall only use such data as sufficient to yield 
statistically reliable information, and does not 
reveal personally identifiable information about 
individual students. 
‘‘(2) ANNUAL
LOCAL
EDUCATIONAL
AGENCY 
REPORT CARDS.— 
‘‘(A) IN
GENERAL.—A local educational 
agency that receives assistance under this sub-
part shall prepare and disseminate an annual 
local educational agency report card. 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
State educational agency shall ensure that each 
local educational agency collects appropriate 
data and includes in the local educational agen-
cy’s annual report the information described in 
paragraph (1)(C) as applied to the local edu-
cational agency and each school served by the 
local educational agency, and— 
‘‘(i) in the case of a local educational 
agency, information that shows how stu-
dents served by the local educational agen-
cy achieved on the statewide academic as-
sessment and other academic indicators 
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adopted in accordance with subsection 
(b)(3)(B)(i) compared to students in the 
State as a whole; and 
‘‘(ii) in the case of a school, the 
school’s 
evaluation 
under 
subsection 
(b)(3)(B)(ii). 
‘‘(C) OTHER INFORMATION.—A local edu-
cational agency may include in its annual local 
educational agency report card any other appro-
priate information, whether or not such infor-
mation is included in the annual State report 
card. 
‘‘(D) DATA.—A local educational agency 
or school shall only include in its annual local 
educational agency report card data that are 
sufficient to yield statistically reliable informa-
tion, as determined by the State, and that do 
not reveal personally identifiable information 
about an individual student. 
‘‘(E) PUBLIC DISSEMINATION.—The local 
educational agency shall publicly disseminate 
the information described in this paragraph to 
all schools served by the local educational agen-
cy and to all parents of students attending 
those schools in an understandable and uniform 
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format, and, to the extent practicable, in a lan-
guage that parents can understand, and make 
the information widely available through public 
means, such as posting on the Internet, dis-
tribution to the media, and distribution through 
public agencies, except that if a local edu-
cational agency issues a report card for all stu-
dents, the local educational agency may include 
the information under this section as part of 
such report. 
‘‘(3) PREEXISTING
REPORT
CARDS.—A State 
educational agency or local educational agency may 
use public report cards on the performance of stu-
dents, schools, local educational agencies, or the 
State, that were in effect prior to the enactment of 
the Student Success Act for the purpose of this sub-
section, so long as any such report card is modified, 
as may be needed, to contain the information re-
quired by this subsection, and protects the privacy 
of individual students. 
‘‘(4) PARENTS RIGHT-TO-KNOW.— 
‘‘(A) ACHIEVEMENT
INFORMATION.—At 
the beginning of each school year, a school that 
receives funds under this subpart shall provide 
to each individual parent information on the 
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level of achievement of the parent’s child in 
each of the State academic assessments and 
other academic indicators adopted in accord-
ance with this subpart. 
‘‘(B) FORMAT.—The notice and informa-
tion provided to parents under this paragraph 
shall be in an understandable and uniform for-
mat and, to the extent practicable, provided in 
a language that the parents can understand. 
‘‘(i) PRIVACY.—Information collected under this sec-
tion shall be collected and disseminated in a manner that 
protects the privacy of individuals consistent with section 
444 of the General Education Provisions Act and this Act. 
‘‘(j) VOLUNTARY PARTNERSHIPS.—A State retains 
the right to enter into a voluntary partnership with an-
other State to develop and implement the academic stand-
ards and assessments required under this section, except 
that the Secretary shall not, either directly or indirectly, 
attempt to influence, incentivize, or coerce State— 
‘‘(1) adoption of the Common Core State 
Standards developed under the Common Core State 
Standards Initiative, any other academic standards 
common to a significant number of States, or assess-
ments tied to such standards; or 
‘‘(2) participation in any such partnerships. 
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‘‘(k) CONSTRUCTION.—Nothing in this part shall be 
construed to prescribe the use of the academic assess-
ments described in this part for student promotion or 
graduation purposes. 
‘‘(l) SPECIAL RULE WITH RESPECT TO BUREAU- 
FUNDED SCHOOLS.—In determining the assessments to 
be used by each school operated or funded by the Bureau 
of Indian Education receiving funds under this subpart, 
the following shall apply: 
‘‘(1) Each such school that is accredited by the 
State in which it is operating shall use the assess-
ments and other academic indicators the State has 
developed and implemented to meet the require-
ments of this section, or such other appropriate as-
sessment and academic indicators as approved by 
the Secretary of the Interior. 
‘‘(2) Each such school that is accredited by a 
regional accrediting organization shall adopt an ap-
propriate assessment and other academic indicators, 
in consultation with and with the approval of, the 
Secretary of the Interior and consistent with assess-
ments and academic indicators adopted by other 
schools in the same State or region, that meet the 
requirements of this section. 
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‘‘(3) Each such school that is accredited by a 
tribal accrediting agency or tribal division of edu-
cation shall use an assessment and other academic 
indicators developed by such agency or division, ex-
cept that the Secretary of the Interior shall ensure 
that such assessment and academic indicators meet 
the requirements of this section.’’. 
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read 
as follows: 
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS. 
‘‘(a) PLANS REQUIRED.— 
‘‘(1) SUBGRANTS.—A local educational agency 
may receive a subgrant under this subpart for any 
fiscal year only if such agency has on file with the 
State educational agency a plan, approved by the 
State educational agency, that is coordinated with 
other programs under this Act, the Individuals with 
Disabilities Education Act, the Carl D. Perkins Ca-
reer and Technical Education Act of 2006, the 
McKinney-Vento Homeless Assistance Act, and 
other Acts, as appropriate. 
‘‘(2) CONSOLIDATED APPLICATION.—The plan 
may be submitted as part of a consolidated applica-
tion under section 6305. 
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‘‘(b) PLAN PROVISIONS.—Each local educational 
agency plan shall describe— 
‘‘(1) how the local educational agency will mon-
itor, in addition to the State assessments described 
in section 1111(b)(2), students’ progress in meeting 
the State’s academic standards; 
‘‘(2) how the local educational agency will iden-
tify quickly and effectively those students who may 
be at risk of failing to meet the State’s academic 
standards; 
‘‘(3) how the local educational agency will pro-
vide additional educational assistance to individual 
students in need of additional help in meeting the 
State’s academic standards; 
‘‘(4) how the local educational agency will im-
plement the school improvement system described in 
section 1111(b)(3)(B)(iii) for any of the agency’s 
schools identified under such section; 
‘‘(5) how the local educational agency will co-
ordinate programs under this subpart with other 
programs under this Act and other Acts, as appro-
priate; 
‘‘(6) the poverty criteria that will be used to se-
lect school attendance areas under section 1113; 
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‘‘(7) how teachers, in consultation with parents, 
administrators, and specialized instructional support 
personnel, in targeted assistance schools under sec-
tion 1115, will identify the eligible children most in 
need of services under this subpart; 
‘‘(8) in general, the nature of the programs to 
be conducted by the local educational agency’s 
schools under sections 1114 and 1115, and, where 
appropriate, 
educational 
services 
outside 
such 
schools for children living in local institutions for ne-
glected and delinquent children, and for neglected 
and delinquent children in community day school 
programs; 
‘‘(9) how the local educational agency will en-
sure that migratory children who are eligible to re-
ceive services under this subpart are selected to re-
ceive such services on the same basis as other chil-
dren who are selected to receive services under this 
subpart; 
‘‘(10) the services the local educational agency 
will provide homeless children, including services 
provided 
with 
funds 
reserved 
under 
section 
1113(c)(3)(A); 
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‘‘(11) the strategy the local educational agency 
will use to implement effective parental involvement 
under section 1118; 
‘‘(12) if appropriate, how the local educational 
agency will use funds under this subpart to support 
preschool programs for children, particularly chil-
dren participating in a Head Start program, which 
services may be provided directly by the local edu-
cational agency or through a subcontract with the 
local Head Start agency designated by the Secretary 
of Health and Human Services under section 641 of 
the Head Start Act, or another comparable early 
childhood development program; 
‘‘(13) how the local educational agency, through 
incentives for voluntary transfers, the provision of 
professional development, recruitment programs, in-
centive pay, performance pay, or other effective 
strategies, will address disparities in the rates of 
low-income and minority students and other stu-
dents being taught by ineffective teachers; 
‘‘(14) if appropriate, how the local educational 
agency will use funds under this subpart to support 
programs that coordinate and integrate— 
‘‘(A) 
career 
and 
technical 
education 
aligned with State technical standards that pro-
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mote skills attainment important to in-demand 
occupations or industries in the State and the 
State’s academic standards under section 
1111(b)(1); and 
‘‘(B) work-based learning opportunities 
that provide students in-depth interaction with 
industry professionals for the purposes of gain-
ing experience and, if appropriate, academic 
credit; 
‘‘(15) if appropriate, how the local educational 
agency will use funds under this subpart to support 
dual enrollment programs, early college high schools, 
and Advanced Placement or International Bacca-
laureate programs; 
‘‘(16) if appropriate, how the local educational 
agency will use funds under this subpart to train 
school counselors to effectively provide students rel-
evant information regarding their individual career 
and postsecondary education goals; and 
‘‘(17) if appropriate, how the local educational 
agency will use funds under this subpart to support 
activities that coordinate and integrate before-school 
and after-school programs, and summer school pro-
grams. 
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‘‘(c) ASSURANCES.—Each local educational agency 
plan shall provide assurances that the local educational 
agency will— 
‘‘(1) participate, if selected, in biennial State 
academic assessments of 4th and 8th grade reading 
and mathematics under the National Assessment of 
Educational Progress carried out under section 
303(b)(2) of the National Assessment of Edu-
cational Progress Authorization Act; 
‘‘(2) inform schools of schoolwide program au-
thority and the ability to consolidate funds from 
Federal, State, and local sources; 
‘‘(3) provide technical assistance to schoolwide 
programs; 
‘‘(4) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
cordance with section 1120, and timely and mean-
ingful consultation with private school officials or 
representatives regarding such services; 
‘‘(5) in the case of a local educational agency 
that chooses to use funds under this subpart to pro-
vide early childhood development services to low-in-
come children below the age of compulsory school at-
tendance, ensure that such services comply with the 
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performance standards established under section 
641A(a) of the Head Start Act; 
‘‘(6) inform eligible schools of the local edu-
cational agency’s authority to request waivers on the 
school’s behalf under title VI; and 
‘‘(7) ensure that the results of the academic as-
sessments required under section 1111(b)(2) will be 
provided to parents and teachers as soon as is prac-
ticably possible after the test is taken, in an under-
standable and uniform format and, to the extent 
practicable, provided in a language that the parents 
can understand. 
‘‘(d) SPECIAL RULE.—In carrying out subsection 
(c)(5), the Secretary shall— 
‘‘(1) consult with the Secretary of Health and 
Human Services and shall establish procedures (tak-
ing into consideration existing State and local laws, 
and local teacher contracts) to assist local edu-
cational agencies to comply with such subparagraph; 
and 
‘‘(2) disseminate to local educational agencies 
the education performance standards in effect under 
section 641A(a) of the Head Start Act, and such 
agencies affected by such subsection shall plan for 
the implementation of such subsection (taking into 
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consideration existing State and local laws, and local 
teacher contracts). 
‘‘(e) PLAN DEVELOPMENT AND DURATION.— 
‘‘(1) CONSULTATION.—Each local educational 
agency plan shall be developed in consultation with 
teachers, school leaders, public charter school rep-
resentatives, administrators, and other appropriate 
school personnel, and with parents of children in 
schools served under this subpart. 
‘‘(2) DURATION.—Each such plan shall be sub-
mitted for the first year for which this part is in ef-
fect following the date of the enactment of this Act 
and shall remain in effect for the duration of the 
agency’s participation under this subpart. 
‘‘(3) REVIEW.—Each local educational agency 
shall periodically review and, as necessary, revise its 
plan. 
‘‘(f) STATE APPROVAL.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency plan shall be filed according to a schedule es-
tablished by the State educational agency. 
‘‘(2) APPROVAL.—The State educational agency 
shall approve a local educational agency’s plan only 
if the State educational agency determines that the 
local educational agency’s plan— 
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‘‘(A) enables schools served under this sub-
part to substantially help children served under 
this subpart to meet the State’s academic 
standards described in section 1111(b)(1); and 
‘‘(B) meets the requirements of this sec-
tion. 
‘‘(3) REVIEW.—The State educational agency 
shall review the local educational agency’s plan to 
determine if such agency’s activities are in accord-
ance with section 1118. 
‘‘(g) PARENTAL NOTIFICATION.— 
‘‘(1) IN
GENERAL.—Each local educational 
agency using funds under this subpart and subpart 
4 to provide a language instruction educational pro-
gram shall, not later than 30 days after the begin-
ning of the school year, inform parents of an 
English learner identified for participation, or par-
ticipating in, such a program of— 
‘‘(A) the reasons for the identification of 
their child as an English learner and in need of 
placement in a language instruction educational 
program; 
‘‘(B) the child’s level of English pro-
ficiency, how such level was assessed, and the 
status of the child’s academic achievement; 
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(V) by adding at the end the fol-
lowing new clause: 
‘‘(v) may be delivered by nonprofit or 
for-profit external providers with expertise 
in using evidence-based or other effective 
strategies to improve student achieve-
ment.’’; 
(iii) in subparagraph (C), by striking 
‘‘highly qualified’’ and inserting ‘‘effec-
tive’’; 
(iv) in subparagraph (D)— 
(I) by striking ‘‘In accordance 
with section 1119 and subsection 
(a)(4), high-quality’’ and inserting 
‘‘High-quality’’; 
(II) by striking ‘‘pupil services’’ 
and inserting ‘‘specialized instruc-
tional support services’’; and 
(III) by striking ‘‘student aca-
demic achievement’’ and inserting 
‘‘academic’’; 
(v) in subparagraph (E), by striking 
‘‘high-quality highly qualified’’ and insert-
ing ‘‘effective’’; 
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(vi) in subparagraph (G), by striking 
‘‘, such as Head Start, Even Start, Early 
Reading First, or a State-run preschool 
program,’’; 
(vii) in subparagraph (H), by striking 
‘‘section 1111(b)(3)’’ and inserting ‘‘sec-
tion 1111(b)(2)’’; 
(viii) in subparagraph (I), by striking 
‘‘proficient or advanced levels of academic 
achievement 
standards’’ 
and 
inserting 
‘‘State academic standards’’; and 
(ix) in subparagraph (J), by striking 
‘‘vocational’’ and inserting ‘‘career’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i)— 
(aa) by striking ‘‘first de-
velop’’ 
and 
all 
that 
follows 
through ‘‘2001)’’ and inserting 
‘‘have in place’’; and 
(bb) by striking ‘‘and its 
school support team or other 
technical 
assistance 
provider 
under section 1117’’; 
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