I 
112TH CONGRESS 
2D SESSION 
H. R. 3990 
To encourage effective teachers in the classrooms of the United States and 
innovative education programs in our Nation’s schools. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2012 
Mr. KLINE (for himself, Mr. HUNTER, Mr. ROE of Tennessee, Mr. PETRI, Mr. 
WILSON of South Carolina, Mr. DESJARLAIS, Mrs. NOEM, Mrs. ROBY, 
and Mr. HECK) introduced the following bill; which was referred to the 
Committee on Education and the Workforce, and in addition to the Com-
mittees on Armed Services and Financial Services, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To encourage effective teachers in the classrooms of the 
United States and innovative education programs in our 
Nation’s schools. 
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 ‘‘Encouraging Innova-
tion and Effective Teachers Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Transition. 
Sec. 5. Effective dates. 
Sec. 6. Authorization of appropriations. 
TITLE I—TEACHER PREPARATION AND EFFECTIVENESS 
Sec. 101. Teacher preparation and effectiveness. 
Sec. 102. Conforming repeals. 
TITLE II—PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY 
Sec. 201. Parental engagement and local flexibility. 
TITLE III—IMPACT AID 
Sec. 301. Purpose. 
Sec. 302. Payments relating to Federal acquisition of real property. 
Sec. 303. Payments for eligible federally connected children. 
Sec. 304. Policies and procedures relating to children residing on Indian lands. 
Sec. 305. Application for payments under sections 8002 and 8003. 
Sec. 306. Construction. 
Sec. 307. Facilities. 
Sec. 308. State consideration of payments providing State aid. 
Sec. 309. Federal administration. 
Sec. 310. Administrative hearings and judicial review. 
Sec. 311. Definitions. 
Sec. 312. Authorization of appropriations. 
Sec. 313. Conforming amendments. 
TITLE IV—TROOPS-TO-TEACHERS PROGRAM 
Sec. 401. Troops-to-teachers program. 
TITLE V—REPEAL 
Sec. 501. Repeal of title VI. 
TITLE VI—HOMELESS EDUCATION 
Sec. 601. Statement of policy. 
Sec. 602. Grants for State and local activities for the education of homeless 
children and youths. 
Sec. 603. Local educational agency subgrants for the education of homeless 
children and youths. 
Sec. 604. Secretarial responsibilities. 
Sec. 605. Definitions. 
Sec. 606. Authorization of appropriations. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
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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 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 
basis of a formula, this Act, and the amendments made 
by this Act, shall take effect on July 1, 2012. 
(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, 
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shall take effect with respect to appropriations for use 
under those programs for fiscal year 2013. 
(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 2013. 
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 II.—There are authorized to be appro-
priated to carry out title II $2,988,070,000 for fiscal year 
2013. 
‘‘(b) 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 fiscal year 2013. 
‘‘(B) SUBPART 2.—There are authorized to 
be appropriated to carry out subpart 2 of part 
A of title III $99,611,000 for fiscal year 2013. 
‘‘(C) SUBPART 3.—There are authorized to 
be appropriated to carry out subpart 3 of part 
A of title III $25,000,000 for fiscal year 2013. 
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‘‘(2) PART B.—There are authorized to be ap-
propriated to carry out part B of title III 
$2,677,476,000 for fiscal year 2013. 
‘‘(c) TITLE IV.— 
‘‘(1) PAYMENTS FOR FEDERAL ACQUISITION OF 
REAL PROPERTY.—For the purpose of making pay-
ments under section 4002, there are authorized to 
be appropriated $66,947,000 for fiscal year 2013. 
‘‘(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 
$1,153,540,000 for fiscal year 2013. 
‘‘(3) PAYMENTS FOR CHILDREN WITH DISABIL-
ITIES.—For the purpose of making payments under 
section 4003(d), there are authorized to be appro-
priated $48,413,000 for fiscal year 2013. 
‘‘(4) CONSTRUCTION.—For the purpose of car-
rying out section 4007, there are authorized to be 
appropriated $17,441,000 for fiscal year 2013. 
‘‘(5) FACILITIES MAINTENANCE.—For the pur-
pose of carrying out section 4008, there are author-
ized to be appropriated $4,845,000 for fiscal year 
2013. 
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‘‘(d) OUT YEARS.—The amounts authorized in sub-
sections (a), (b), and (c) shall be increased for each of 
fiscal years 2014 through 2018 by a percentage equal to 
the percentage of inflation according to the Consumer 
Price Index, for the calendar year ending prior to the be-
ginning of that fiscal year.’’. 
TITLE 
I—TEACHER 
PREPARA-
TION AND EFFECTIVENESS 
SEC. 101. TEACHER PREPARATION AND EFFECTIVENESS. 
(a) HEADING.—The heading for title II is amended 
to read as follows: 
‘‘TITLE II—TEACHER PREPARA-
TION AND EFFECTIVENESS’’. 
(b) PART A.—Part A of Title II (20 U.S.C. 6601 
et seq.) is amended to read as follows: 
‘‘PART A—SUPPORTING EFFECTIVE INSTRUCTION 
‘‘SEC. 2101. PURPOSE. 
‘‘The purpose of this part is to provide grants to 
State educational agencies and subgrants to local edu-
cational agencies to— 
‘‘(1) increase student achievement consistent 
with State academic standards under section 1111; 
‘‘(2) improve teacher and school leader effec-
tiveness; 
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‘‘(3) provide evidence-based, continuous, job- 
embedded professional development; and 
‘‘(4) develop and implement teacher evaluation 
systems to link teacher performance with student 
achievement to determine teacher effectiveness. 
‘‘SUBPART 1—GRANTS TO STATES 
‘‘SEC. 2111. ALLOTMENTS TO STATES. 
‘‘(a) IN GENERAL.—Of the amounts appropriated 
under section 3(a), the Secretary shall reserve 82 percent 
to make grants to States with applications approved under 
section 2112 to pay for the Federal share of the cost of 
carrying out the activities specified in section 2113. Each 
grant shall consist of the allotment determined for a State 
under subsection (b). 
‘‘(b) DETERMINATION OF ALLOTMENTS.— 
‘‘(1) RESERVATION OF FUNDS.—Of the amount 
reserved under subsection (a) for a fiscal year, the 
Secretary shall reserve— 
‘‘(A) not more than 1 percent to carry out 
national activities under section 2132; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
need, as determined by the Secretary, in ac-
cordance with the purpose of this part; and 
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‘‘(C) one-half of 1 percent for the Sec-
retary of the Interior for programs under this 
part in schools operated or funded by the Bu-
reau of Indian Education. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds reserved under sub-
section (a) for any fiscal year and not reserved 
under paragraph (1), the Secretary shall allot 
to each State the sum of— 
‘‘(i) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 
17 in the State, as determined by the Sec-
retary on the basis of the most recent sat-
isfactory data, bears to the number of 
those individuals in all such States, as so 
determined; and 
‘‘(ii) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 
17 from families with incomes below the 
poverty line in the State, as determined by 
the Secretary on the basis of the most re-
cent satisfactory data, bears to the number 
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‘‘SEC. 2112. STATE APPLICATION. 
‘‘(a) IN GENERAL.—For a State to be eligible to re-
ceive a grant under this subpart, the State educational 
agency shall submit an application to the Secretary at 
such time and in such a manner as the Secretary may 
reasonably require, which shall include the following: 
‘‘(1) A description of how the State educational 
agency will meet the requirements of this subpart. 
‘‘(2) A description of how the State educational 
agency will use a grant received under section 2111, 
including the grant funds the State will reserve for 
State-level activities under section 2113(a)(2). 
‘‘(3) A description of how the State educational 
agency will facilitate the sharing of evidence-based 
and other effective strategies among local edu-
cational agencies. 
‘‘(4) In the case of a State educational agency 
that is not developing or implementing a statewide 
teacher evaluation system, a description of how the 
State educational agency will ensure that each local 
educational agency in the State receiving a subgrant 
under subpart 2 will implement a teacher evaluation 
system that meets the requirements of clauses (i) 
through (v) of section 2123(1)(A). 
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‘‘(5) In the case of a State educational agency 
that is developing or implementing a statewide 
teacher evaluation system— 
‘‘(A) a description of how the State edu-
cational agency will work with local educational 
agencies in the State to implement the state-
wide teacher evaluation system within 3 years 
of the date of enactment of the Encouraging 
Innovation and Effective Teachers Act; and 
‘‘(B) an assurance that the statewide 
teacher evaluation system complies with clauses 
(i) through (v) of section 2123(1)(A). 
‘‘(6) An assurance that the State educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency under subsection (a) shall 
be deemed to be approved by the Secretary unless the Sec-
retary makes a written determination, prior to the expira-
tion of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this subpart. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove an application, except after giving the State 
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educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that an 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If a State educational agency re-
sponds to a notification from the Secretary under sub-
section (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
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‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If a State educational 
agency does not respond to a notification from the Sec-
retary under subsection (d)(2) during the 45-day period 
beginning on the date on which the agency received the 
notification, such application shall be deemed to be dis-
approved. 
‘‘SEC. 2113. STATE USE OF FUNDS. 
‘‘(a) IN GENERAL.—A State educational agency that 
receives a grant under section 2111 shall— 
‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
‘‘(2) use the remainder of the funds, after re-
serving funds under paragraph (1), for the State ac-
tivities described in subsection (b), except that the 
State may reserve not more than 1 percent of the 
grant funds for planning and administration related 
to carrying out activities described in subsection (b). 
‘‘(b) STATE-LEVEL ACTIVITIES.—A State educational 
agency that receives a grant under section 2111— 
‘‘(1) shall use the amount described in sub-
section (a)(2) to— 
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‘‘(A) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide 
teacher evaluation system— 
‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
tem that meets the requirements of 
clauses (i) through (v) of section 
2123(1)(A); and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
evaluation system, implementing such eval-
uation system; and 
‘‘(B) fulfill the State educational agency’s 
responsibilities with respect to the proper and 
efficient administration of the subgrant pro-
gram carried out under this part; and 
‘‘(2) may use the amount described in sub-
section (a)(2) to— 
‘‘(A) disseminate and share evidence-based 
and other effective practices related to teacher 
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and school leader effectiveness and professional 
development; and 
‘‘(B) provide professional development for 
teachers and school leaders in the State con-
sistent with clauses (i) through (v) of section 
2123(2)(B). 
‘‘SUBPART 2—SUBGRANTS TO LOCAL EDUCATIONAL 
AGENCIES 
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Each State receiving a grant 
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(1) to award subgrants to local educational 
agencies under this section. 
‘‘(b) ALLOCATION OF FUNDS.—From the funds re-
served by a State under section 2113(a)(1), the State edu-
cational agency shall allocate to each local educational 
agency in the State the sum of— 
‘‘(1) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
dividuals age 5 through 17 in the geographic area 
served by the local educational agency, as deter-
mined by the State on the basis of the most recent 
satisfactory data, bears to the number of those indi-
viduals in the geographic areas served by all the 
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local educational agencies in the State, as so deter-
mined; and 
‘‘(2) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
dividuals age 5 through 17 from families with in-
comes below the poverty line in the geographic area 
served by the local educational agency, as deter-
mined by the State on the basis of the most recent 
satisfactory data, bears to the number of those indi-
viduals in the geographic areas served by all the 
local educational agencies in the State, as so deter-
mined. 
‘‘SEC. 2122. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this sub-
part, a local educational agency shall submit an applica-
tion to the State educational agency involved at such time, 
in such a manner, and containing such information as the 
State educational agency may reasonably require that, at 
a minimum, shall include the following: 
‘‘(1) A description of— 
‘‘(A) how the local educational agency will 
meet the requirements of this subpart; 
‘‘(B) how the activities to be carried out by 
the local educational agency under this subpart 
will be evidence-based, improve student aca-
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within 3 years of the date of enactment of the En-
couraging Innovation and Effective Teachers Act. 
‘‘(3) An assurance that the local educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘SEC. 2123. LOCAL USE OF FUNDS. 
‘‘A local educational agency receiving a subgrant 
under this subpart— 
‘‘(1) shall use such funds— 
‘‘(A) to develop and implement a teacher 
evaluation system that— 
‘‘(i) uses student achievement data as 
a significant factor in determining a teach-
er’s evaluation; 
‘‘(ii) uses multiple measures of evalua-
tion for evaluating teachers; 
‘‘(iii) has more than 2 categories for 
rating the performance of teachers; 
‘‘(iv) shall be used to make personnel 
decisions, as determined by the local edu-
cational agency; and 
‘‘(v) is based on input from parents, 
school leaders, teachers, and other staff of 
schools served by the local educational 
agency; or 
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‘‘(B) in the case of a local educational 
agency located in a State implementing a state-
wide teacher evaluation system, to implement 
such evaluation system; and 
‘‘(2) may use such funds for— 
‘‘(A) the training of school leaders for the 
purpose of evaluating teachers under a teacher 
evaluation system described in subparagraph 
(A) or (B) of paragraph (1), as appropriate; 
‘‘(B) professional development for teachers 
and school leaders that is evidence-based, job- 
embedded, and continuous, such as— 
‘‘(i) subject-based professional devel-
opment for teachers; 
‘‘(ii) professional development aligned 
with the State’s academic standards; 
‘‘(iii) professional development for 
teachers of student with disabilities and 
English learners; 
‘‘(iv) professional development for 
teachers identified as in need of additional 
support through data provided by a teach-
er evaluation system described in subpara-
graph (A) or (B) of paragraph (1), as ap-
propriate; 
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‘‘(v) professional development based 
on the current science of learning, which 
includes research on positive brain change 
and cognitive skill development; 
‘‘(vi) professional development for 
school leaders, including mentorship pro-
grams for such leaders; or 
‘‘(vii) professional development on in-
tegrated, interdisciplinary, and project- 
based teaching strategies, including for ca-
reer and technical education teachers; 
‘‘(C) partnering with a public or private 
organization or a consortium of such organiza-
tions to develop and implement a teacher eval-
uation system described in subparagraph (A) or 
(B) of paragraph (1), as appropriate; or 
‘‘(D) class size reduction, except that the 
local educational agency may not use more than 
10 percent of such funds for this purpose. 
‘‘SUBPART 3—GENERAL PROVISIONS 
‘‘SEC. 2131. REPORTING REQUIREMENTS. 
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 
educational agency receiving a subgrant under subpart 2 
shall submit to the State educational agency involved, on 
an annual basis until the last year in which the local edu-
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cational agency receives such subgrant funds, a report 
on— 
‘‘(1) how the local educational agency is meet-
ing the purposes of this part described in section 
2101; 
‘‘(2) how the local educational agency is using 
such subgrant funds; and 
‘‘(3) the number and percentage of teachers in 
each category established under clause (iii) of sec-
tion 2123(1)(A). 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency receiving a grant under subpart 1 shall 
submit to the Secretary a report, on an annual basis until 
the last year in which the State educational agency re-
ceives such grant funds, on— 
‘‘(1) how the State is meeting the purposes of 
this part described in section 2101; and 
‘‘(2) how the State is using such grant funds. 
‘‘SEC. 2132. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2111(b)(1)(A), the Secretary shall, directly or 
through grants and contracts— 
‘‘(1) provide technical assistance to States and 
local educational agencies in carrying out activities 
under this part; and 
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‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by State educational agencies and local 
educational agencies under this part. 
‘‘SEC. 2133. STATE DEFINED. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
(c) PART B.—Part B of title II (20 U.S.C. 6661 et 
seq.) is amended to read as follows: 
‘‘PART B—TEACHER AND SCHOOL LEADER 
FLEXIBLE GRANT 
‘‘SEC. 2201. PURPOSE. 
‘‘The purpose of this part is to improve student aca-
demic achievement in the core academic subjects by— 
‘‘(1) supporting all State educational agencies, 
local educational agencies, schools, teachers, and 
school leaders to help all students meet the State’s 
academic standards; and 
‘‘(2) increasing the number of teachers and 
school leaders who are effective in increasing student 
academic achievement. 
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‘‘Subpart 1—Formula Grants to States 
‘‘SEC. 2211. STATE ALLOTMENTS. 
‘‘(a) RESERVATIONS.—From the amount appro-
priated under section 3(a) for any fiscal year, the Sec-
retary— 
‘‘(1) shall reserve 18 percent to award grants to 
States under this subpart; and 
‘‘(2) of the amount reserved under paragraph 
(1), shall reserve— 
‘‘(A) not more than 1 percent for national 
activities described in section 2231; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
need, as determined by the Secretary, in ac-
cordance with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Sec-
retary of the Interior for programs under this 
part in schools operated or funded by the Bu-
reau of Indian Education. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) IN GENERAL.—From the total amount re-
served under subsection (a)(1) for each fiscal year 
and not reserved under subparagraphs (A) through 
(C) of subsection (a)(2), the Secretary shall allot, 
and make available in accordance with this section, 
to each State an amount that bears the same ratio 
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to such sums as the school-age population of the 
State bears to the school-age population of all 
States. 
‘‘(2) SMALL STATE MINIMUM.—No State receiv-
ing an allotment under paragraph (1) may receive 
less than one-half of 1 percent of the total amount 
allotted under such paragraph. 
‘‘(3) REALLOTMENT.—If a State does not re-
ceive an allotment under this subpart for a fiscal 
year, the Secretary shall reallot the amount of the 
State’s allotment to the remaining States in accord-
ance with this section. 
‘‘(c) STATE APPLICATION.—In order to receive an al-
lotment under this section for any fiscal year, a State shall 
submit an application to the Secretary, at such time and 
in such manner as the Secretary may reasonably require. 
Such application shall— 
‘‘(1) designate the State educational agency as 
the agency responsible for the administration and 
supervision of programs assisted under this part; 
‘‘(2) describe how the State educational agency 
will use funds received under this section for State 
level activities described in subsection (d)(3); 
‘‘(3) describe the procedures and criteria the 
State educational agency will use for reviewing appli-
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cations and awarding subgrants to eligible entities 
under section 2221 on a competitive basis; 
‘‘(4) describe how the State educational agency 
will ensure that subgrants made under section 2221 
are of sufficient size and scope to support effective 
programs that will help increase academic achieve-
ment in the classroom and are consistent with the 
purposes of this part; 
‘‘(5) describe the steps the State educational 
agency will take to ensure that eligible entities use 
subgrant funds received under section 2221 to carry 
out programs that implement effective strategies, in-
cluding by providing ongoing technical assistance 
and training, and disseminating evidence-based and 
other effective strategies to such eligible entities; 
‘‘(6) describe how programs under this part will 
be coordinated with other programs under this Act; 
and 
‘‘(7) include an assurance that, other than pro-
viding technical and advisory assistance and moni-
toring compliance with this part, the State edu-
cational agency has not exercised, and will not exer-
cise, any influence in the decision-making processes 
of eligible entities as to the expenditure of funds 
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made pursuant to an application submitted under 
section 2221(b). 
‘‘(d) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this section shall reserve not less 
than 95 percent of the amount allotted to such State 
under subsection (b), for each fiscal year, for sub-
grants to eligible entities under subpart 2. 
‘‘(2) STATE
ADMINISTRATION.—A State edu-
cational agency may reserve not more than 1 percent 
of the amount made available to the State under 
subsection (b) for the administrative costs of car-
rying out such State educational agency’s respon-
sibilities under this subpart. 
‘‘(3) STATE-LEVEL ACTIVITIES.—A State edu-
cational agency shall use the amount made available 
to the State under subsection (b) and not reserved 
under paragraphs (1) and (2) to carry out 1 or more 
of the following activities: 
‘‘(A) Reforming teacher and school leader 
certification, recertification, licensing, and ten-
ure systems to ensure that— 
‘‘(i) each teacher has the subject mat-
ter knowledge and teaching skills necessary 
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to help students meet the State’s academic 
standards; and 
‘‘(ii) school leaders have the instruc-
tional leadership skills to help teachers in-
struct and students learn. 
‘‘(B) Carrying out programs that establish, 
expand, or improve alternative routes for State 
certification or licensure of teachers and school 
leaders, including such programs for— 
‘‘(i) mid-career professionals from 
other occupations; 
‘‘(ii) former military personnel; and 
‘‘(iii) recent graduates of an institu-
tion of higher education, with a record of 
academic distinction, who demonstrate the 
potential to become effective teachers or 
school leaders. 
‘‘(C) Developing, or assisting eligible enti-
ties in developing— 
‘‘(i) performance-based pay systems 
for teachers and school leaders; 
‘‘(ii) strategies that provide differen-
tial, incentive, or bonus pay for teachers; 
or 
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‘‘(iii) teacher advancement initiatives 
that promote professional growth and em-
phasize multiple career paths and pay dif-
ferentiation. 
‘‘(D) Developing, or assisting eligible enti-
ties in developing, new teacher and school lead-
ers induction and mentoring programs that are 
designed to— 
‘‘(i) improve instruction and student 
learning and achievement; and 
‘‘(ii) increase the retention of effective 
teachers and school leaders. 
‘‘(E) Providing professional development 
for teachers and school leaders that is focused 
on— 
‘‘(i) improving teaching and student 
learning and achievement in the core aca-
demic subjects; and 
‘‘(ii) 
improving 
teaching, 
student 
learning, and achievement for students 
with disabilities, English learners, and 
other special populations. 
‘‘(F) Providing training and technical as-
sistance to eligible entities that receive a 
subgrant under section 2221. 
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‘‘(G) Other activities identified by the 
State that meet the purpose of this part. 
‘‘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 compliance 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 edu-
cational 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 noti-
fication, shall— 
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‘‘(i) cite the specific provisions in the 
application that are not in compliance; and 
‘‘(ii) request additional information, 
only as to the noncompliant provisions, 
needed to make the application compliant. 
‘‘(3) RESPONSE.—If a State educational agency 
responds to a notification from the Secretary under 
paragraph (2)(B) during the 45-day period begin-
ning on the date on which the State educational 
agency received the notification, and resubmits the 
application with the requested information described 
in paragraph (2)(B)(ii), the Secretary shall approve 
or disapprove such application prior to the later of— 
‘‘(A) the expiration of the 45-day period 
beginning 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 notifica-
tion, such application shall be deemed to be dis-
approved. 
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‘‘Subpart 2—Local Competitive Grant Program 
‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives an allot-
ment under section 2211(b) for a fiscal year shall use the 
amount reserved under section 2211(d)(1) to award sub-
grants, on a competitive basis, to eligible entities in ac-
cordance 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 
reasonably 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 con-
sistent 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 
likelihood of the activity to increase student academic 
achievement. The reviewers shall not make a determina-
tion 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 pe-
riod of not less than 3 years and 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 
programs and activities, that are in accordance with the 
purpose 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 
induction and mentoring programs that 
are designed to improve instruction, stu-
dent learning and achievement, and to in-
crease 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) recruiting qualified individuals from 
other fields, including mid-career professionals 
from other occupations and former military per-
sonnel; 
‘‘(C) establishing, improving, or expanding 
model instructional programs in the core aca-
demic subjects to ensure that all children meet 
the State’s academic standards; 
‘‘(D) providing high-quality professional 
development for teachers and school leaders fo-
cused on improving teaching and student learn-
ing and achievement in the core academic sub-
jects; 
‘‘(E) implementing programs based on the 
current science of learning, which includes re-
search on positive brain change and cognitive 
skill development; and 
‘‘(F) other activities and programs identi-
fied as necessary by the local educational agen-
cy that meet the purpose of this part. 
‘‘(b) PRINCIPLES OF EFFECTIVENESS.— 
‘‘(1) IN GENERAL.—For a program or activity 
developed pursuant to this section to meet the prin-
ciples of effectiveness, such program or activity 
shall— 
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‘‘(A) be based upon an assessment of ob-
jective data regarding the need for programs 
and activities in the elementary schools and sec-
ondary schools served to increase the number of 
teachers and school leaders who are effective in 
improving student academic achievement; 
‘‘(B) reflect evidence-based research, or in 
the absence of a strong research base, reflect 
effective strategies in the field, that provide evi-
dence that the program or activity will improve 
student academic achievement in the core aca-
demic subjects; and 
‘‘(C) include meaningful and ongoing con-
sultation with, and input from, teachers, school 
leaders, and parents, in the development of the 
application and administration of the program 
or activity. 
‘‘(2) PERIODIC EVALUATION.— 
‘‘(A) IN GENERAL.—The program or activ-
ity carried out by the eligible entity shall under-
go a periodic evaluation by the State edu-
cational agency involved to assess the eligible 
entity’s progress toward achieving the purpose 
of this part. 
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‘‘(B) USE
OF
RESULTS.—The results of 
evaluations described under subparagraph (A) 
shall be— 
‘‘(i) used to refine, improve, and 
strengthen the program or activity, and to 
refine the performance measures; and 
‘‘(ii) made available to the public upon 
request, with public notice of such avail-
ability provided. 
‘‘Subpart 3—General Provisions 
‘‘SEC. 2231. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2211(a)(1), the Secretary shall, directly or through 
grants and contracts— 
‘‘(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. 2232. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
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‘‘(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). 
‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
‘‘(3) TEACHER
RESIDENCY
PROGRAM.—The 
term ‘teacher residency program’ means a school- 
based teacher preparation program in which a pro-
spective 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 
program faculty, in the teaching of the content 
area in which the teacher will become certified 
or licensed; 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; 
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(8) by redesignating section 2363 as section 
2366; and 
(9) by redesignating sections 2364 through 
2367 as sections 2362 through 2365, respectively. 
(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 
notify the parents of each student attending any school 
receiving funds under this title that the parents may re-
quest, and the agency will provide the parents on request 
(and in a timely manner), information regarding the re-
sults, as they become available, of the evaluations of the 
student’s classroom teachers conducted under the teacher 
evaluation system developed and implemented by the local 
educational agency under part A. 
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‘‘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. 
‘‘SEC. 2404. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘Nothing in this title shall be construed to authorize 
the Secretary or any other officer or employee of the Fed-
eral Government to mandate, direct, control, support, or 
exercise any direction or supervision over the instructional 
content or materials, curriculum, program of instruction, 
academic standards, academic assessments, or the devel-
opment or implementation of a teacher evaluation system 
of a State, local educational agency, or school.’’. 
SEC. 102. CONFORMING REPEALS. 
(a) CONFORMING REPEALS.—Title II of the Higher 
Education Act of 1965 (20 U.S.C. 1021 et seq.) is amend-
ed by repealing sections 201 through 204. 
(b) EFFECTIVE DATE.—The amendments and re-
peals made in subsection (a) shall take effect October 1, 
2012. 
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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 ENGAGEMENT AND 
LOCAL FLEXIBILITY 
‘‘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 provisions of H.R. 2218, as passed by the House of 
Representatives on September 13, 2011, and be trans-
ferred and redesignated to this subpart. 
‘‘SUBPART 2—MAGNET SCHOOL ASSISTANCE 
‘‘SEC. 3121. PURPOSE. 
‘‘The purpose of this subpart is to assist in the deseg-
regation of schools served by local educational agencies by 
providing financial assistance to eligible local educational 
agencies for— 
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‘‘(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 de-
segregation 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 knowl-
edge of academic subjects and the attainment of tan-
gible and marketable career, technical, and profes-
sional skills of students attending such schools; 
‘‘(5) improving the ability of local educational 
agencies, including through professional develop-
ment, to continue operating magnet schools at a 
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high performance level after Federal funding for the 
magnet schools is terminated; and 
‘‘(6) ensuring that students enrolled in the 
magnet school programs have equitable access to a 
quality education that will enable the students to 
succeed academically and continue with postsec-
ondary 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 
capable of attracting substantial numbers of students of 
different 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 appro-
priate, to carry out the purpose of this subpart for magnet 
schools that are— 
‘‘(1) part of an approved desegregation plan; 
and 
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‘‘(2) designed to bring students from different 
social, 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-seg-
regated children or faculty in the elementary schools 
and secondary 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 
Secretary as adequate under title VI of the Civil 
Rights Act of 1964 for the desegregation of minor-
ity-group-segregated children or faculty in such 
schools. 
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‘‘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 
Secretary may reasonably require. 
‘‘(b) INFORMATION AND ASSURANCES.—Each appli-
cation 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-
tablished or supported by the applicant with 
grant funds under this subpart cannot be con-
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tinued 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 pro-
grams under this Act, and other Acts, as 
appropriate; and 
‘‘(E) the criteria to be used in selecting 
students to attend the proposed magnet school 
program; 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 sub-
part; 
‘‘(C) not engage in discrimination based on 
race, religion, color, national origin, sex, or dis-
ability in— 
‘‘(i) the hiring, promotion, or assign-
ment of employees of the applicant or 
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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 pro-
gram that will encourage greater parental deci-
sionmaking and involvement; and 
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school 
program equitable consideration for placement 
in the program, consistent with desegregation 
guidelines and the capacity of the applicant to 
accommodate 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. 
‘‘SEC. 3126. PRIORITY. 
‘‘In awarding grants under this subpart, the Sec-
retary shall give priority to applicants that— 
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‘‘(1) demonstrate the greatest need for assist-
ance, based on the expense or difficulty of effectively 
carrying out approved desegregation plans and the 
magnet school program for which the grant is 
sought; 
‘‘(2) propose to carry out new magnet school 
programs, or significantly revise existing magnet 
school programs; and 
‘‘(3) propose to select students to attend mag-
net school programs by methods such as lottery, 
rather than through academic examination. 
‘‘SEC. 3127. USE OF FUNDS. 
‘‘(a) IN GENERAL.—Grant funds made available 
under this subpart may be used by an eligible local edu-
cational agency, or consortium of such agencies— 
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
tinuation, or enhancement of academic programs 
and services offered at magnet schools; 
‘‘(2) for the acquisition of books, materials, and 
equipment, including computers and the mainte-
nance and operation of materials, equipment, and 
computers, necessary to conduct programs in mag-
net schools; 
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‘‘(3) for the compensation, or subsidization of 
the compensation, of elementary school and sec-
ondary school teachers, and instructional staff where 
applicable, who are necessary to conduct programs 
in magnet schools; 
‘‘(4) with respect to a magnet school program 
offered to less than the entire student population of 
a school, for instructional activities that— 
‘‘(A) are designed to make available the 
special curriculum that is offered by the magnet 
school program to students who are enrolled in 
the school but who are not enrolled in the mag-
net 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 sub-
part may be used for activities described in paragraphs 
(2) and (3) of subsection (a) only if the activities are di-
rectly related to improving student academic achievement 
based on the State’s academic standards or directly re-
lated 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. PROHIBITION. 
‘‘Grants under this subpart shall not be used for con-
struction, transportation, or any activity that does not 
augment academic improvement. 
‘‘SEC. 3129. LIMITATIONS. 
‘‘(a) DURATION OF AWARDS.—A grant under this 
subpart shall be awarded for a period that shall not exceed 
3 fiscal years. 
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local 
educational agency, or consortium of such agencies, may 
expend for planning (professional development shall not 
be considered to be planning for purposes of this sub-
section) not more than 50 percent of the grant funds re-
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ceived 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. 
‘‘(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 sub-
part for any 1 fiscal year. 
‘‘(d) TIMING.—To the extent practicable, the Sec-
retary shall award grants for any fiscal year under this 
subpart not later than July 1 of the applicable fiscal year. 
‘‘SEC. 3130. EVALUATIONS. 
‘‘(a) RESERVATION.—The Secretary may reserve not 
more than 2 percent of the funds appropriated under sec-
tion 3(b)(1)(B) for any fiscal year to carry out evalua-
tions, provide technical assistance, and carry out dissemi-
nation 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 pro-
grams enhance student access to a quality education; 
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‘‘(3) the extent to which magnet school pro-
grams lead to the elimination, reduction, or preven-
tion of minority group isolation in elementary 
schools and secondary schools with substantial pro-
portions of minority students; and 
‘‘(4) the extent to which magnet school pro-
grams differ from other school programs in terms of 
the organizational characteristics and resource allo-
cations of such magnet school programs. 
‘‘(c) DISSEMINATION.—The Secretary shall collect 
and disseminate to the general public information on suc-
cessful magnet school programs. 
‘‘SEC. 3131. RESERVATION. 
‘‘In any fiscal year for which the amount appro-
priated under section 3(b)(1)(B) exceeds $75,000,000, the 
Secretary shall give priority in using such amounts in ex-
cess of $75,000,000 to awarding grants to local edu-
cational agencies 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: 
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‘‘(1) To provide financial support to organiza-
tions to provide technical assistance and training to 
State and local educational agencies in the imple-
mentation and enhancement of systemic and effec-
tive family engagement policies, programs, and ac-
tivities that lead to improvements in student devel-
opment and academic achievement. 
‘‘(2) To assist State educational agencies, local 
educational agencies, community-based organiza-
tions, schools, and educators in strengthening part-
nerships among parents, teachers, school leaders, ad-
ministrators, and other school personnel in meeting 
the educational needs of children and fostering 
greater parental engagement. 
‘‘(3) To support State educational agencies, 
local educational agencies, schools, educators, and 
parents in developing and strengthening the relation-
ship between parents and their children’s school in 
order to further the developmental progress of chil-
dren. 
‘‘(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 co-
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ordination and integration of Federal, State, and 
local services and programs to engage families in 
education. 
‘‘SEC. 3142. GRANTS AUTHORIZED. 
‘‘(a) STATEWIDE FAMILY ENGAGEMENT CENTERS.— 
From the amount appropriated under section 3(b)(1)(C), 
the Secretary is authorized to award grants for each fiscal 
year to statewide organizations (and consortia of such or-
ganizations 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 iden-
tified by State educational agencies and local educational 
agencies, organizations that support family-school part-
nerships, and other organizations that carry out parent 
education and family engagement in education 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 
Engagement 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, 
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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: 
‘‘(1) A description of the applicant’s approach 
to family engagement in education. 
‘‘(2) A description of the support that the 
Statewide Family Engagement Center that will be 
operated by the applicant will have from the appli-
cant, 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 en-
gagement 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 edu-
cation policies and practices that are effective for 
parents (including low-income parents) and families, 
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English learners, minorities, parents of students 
with disabilities, parents of homeless students, foster 
parents and students, and parents of migratory stu-
dents, including evaluation results, reporting, or 
other data exhibiting such demonstrated experience. 
‘‘(5) An assurance that the applicant will— 
‘‘(A) establish a special advisory com-
mittee, the membership of which includes— 
‘‘(i) parents, who shall constitute a 
majority of the members of the special ad-
visory 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, 
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and community-based organizations that serve 
high concentrations of disadvantaged students, 
including English learners, minorities, parents 
of students with disabilities, parents of home-
less students, foster parents and students, and 
parents of migratory students; 
‘‘(C) operate a Statewide Family Engage-
ment Center of sufficient size, scope, and qual-
ity to ensure that the Center is adequate to 
serve the State educational agency, local edu-
cational agencies, and community-based organi-
zations; 
‘‘(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 
centers assisted under sections 671 and 
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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 
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 sup-
port family members in supporting student aca-
demic 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 ad-
dress 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 
received under this subpart, based on the needs deter-
mined under section 3143(b)(5)(I), to provide training 
and technical assistance to State educational agencies, 
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local educational agencies, and organizations that support 
family-school partnerships, and activities, services, and 
training for local educational agencies, school leaders, edu-
cators, and parents— 
‘‘(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, 
administrators, 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 pro-
vision of assistance to students who are not 
making academic progress; 
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‘‘(E) to participate in State and local deci-
sionmaking; 
‘‘(F) to train other parents; and 
‘‘(G) to help the parents learn and use 
technology applied in their children’s education; 
‘‘(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 organization or consortium receives assistance under 
this section, the organization or consortium shall dem-
onstrate 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 
reserve 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 estab-
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lishment, 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— 
‘‘(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 edu-
cates a child at home, a public school parent, or a 
private school parent) shall be required to partici-
pate in any program of parent education or develop-
mental screening 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 
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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— 
‘‘(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 
academic 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 
national activities to provide technical assistance to 
eligible entities in carrying out programs under this 
part; and 
‘‘(2) not more than one-half of 1 percent for 
payments to the outlying areas and the Bureau of 
Indian Education, to be allotted in accordance with 
their respective needs for assistance under this part, 
as determined by the Secretary, to enable the out-
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lying 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 
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 sub-
part 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 receive less than an amount 
equal to one-half of 1 percent 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 
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subsection (b) for each fiscal year for awards to eli-
gible entities under section 3204. 
‘‘(2) AWARDS
TO
NONGOVERNMENTAL
ENTI-
TIES
TO
IMPROVE
STUDENT
ACADEMIC
ACHIEVE-
MENT.—Each State that receives an allotment under 
subsection (b) for each fiscal year shall reserve not 
less than 10 percent of the amount allotted to the 
State for awards to nongovernmental entities under 
section 3205. 
‘‘(3) STATE ACTIVITIES AND STATE ADMINIS-
TRATION.—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 assess-
ments and standards; or 
‘‘(ii) if the State has developed the as-
sessments and standards required under 
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section 1111(b), to administer those as-
sessments or carry out other activities re-
lated to ensuring that the State’s schools 
and local educational agencies are helping 
students meet the State’s academic stand-
ards under such section. 
‘‘(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 pro-
grams. 
‘‘(F) Sharing evidence-based and other ef-
fective 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 sub-
mit to the Secretary, at such time as the Secretary may 
require, an application that— 
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‘‘(1) designates the State educational agency as 
the agency responsible for the administration and 
supervision 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 
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 
technical assistance and training, and dissemination 
of evidence-based and other effective strategies; 
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‘‘(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 
influence in the decision-making process of eligible 
entities as to the expenditure of funds received by 
the eligible entities under this part; 
‘‘(8) describes how programs under this part 
will be coordinated with programs under this Act, 
and other programs as appropriate; 
‘‘(9) contains an assurance that the State edu-
cational agency— 
‘‘(A) will make awards for programs for a 
period of not less than 3 years and not more 
than 5 years; and 
‘‘(B) will require each eligible entity seek-
ing such an award to submit a plan describing 
how the project to be funded through the award 
will continue after funding under this part 
ends, if applicable; and 
‘‘(10) contains an assurance that funds appro-
priated to carry out this part will be used to supple-
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ment, and not supplant, other Federal, State, and 
local public funds expended to provide programs and 
activities authorized under this part and other simi-
lar programs. 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency pursuant to subsection (a) 
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 ap-
plication is not in compliance with this part. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove the application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance, and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
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‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If the State educational agency re-
sponds to the Secretary’s notification described in sub-
section (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE
TO RESPOND.—If the State edu-
cational agency does not respond to the Secretary’s notifi-
cation described in subsection (d)(2) during the 45-day pe-
riod beginning on the date on which the agency received 
the notification, such application shall be deemed to be 
disapproved. 
‘‘(g) RULE OF CONSTRUCTION.—An application sub-
mitted by a State educational agency pursuant to sub-
section (a) shall not be approved or disapproved based 
upon the activities for which the agency may make funds 
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available to eligible entities under section 3204 if the agen-
cy’s use of funds is consistent with section 3204(b). 
‘‘SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives funds 
under this part for a fiscal year shall provide the amount 
made available under section 3202(c)(1) to eligible entities 
in accordance with this section. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity that re-
ceives an award under this part shall use the funds 
for activities that— 
‘‘(A) are evidence-based; 
‘‘(B) 
will 
improve 
student 
academic 
achievement; 
‘‘(C) are allowable under State law; and 
‘‘(D) focus on one or more projects from 
the following two categories: 
‘‘(i) Supplemental student support ac-
tivities such as before, after, or summer 
school activities, tutoring, and expanded 
learning time, but not including athletics 
or in-school learning activities. 
‘‘(ii) Activities designed to support 
students, such as academic subject specific 
programs, adjunct teacher programs, ex-
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tended learning time programs, and parent 
engagement, but not including activities 
to— 
‘‘(I) support smaller class sizes 
or construction; or 
‘‘(II) provide compensation or 
benefits to teachers, school leaders, 
other school officials, or local edu-
cational agency staff. 
‘‘(2) PARTICIPATION OF CHILDREN ENROLLED 
IN PRIVATE SCHOOLS.—An eligible entity that re-
ceives an award under this part shall ensure compli-
ance with section 5501 (relating to participation of 
children enrolled in private schools). 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive an 
award under this part, an eligible entity shall submit 
an application to the State educational agency at 
such time, in such manner, and including such infor-
mation as the State educational agency may reason-
ably require, including the contents required by 
paragraph (2). 
‘‘(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
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‘‘(A) a description of the activities to be 
funded and how they are consistent with sub-
section (b); 
‘‘(B) an assurance that funds under this 
part will be used to increase the level of State, 
local, and other non-Federal funds that would, 
in the absence of funds under this part, be 
made available for programs and activities au-
thorized under this part, and in no case sup-
plant Federal, State, local, or non-Federal 
funds; and 
‘‘(C) an assurance that the community will 
be given notice of an intent to submit an appli-
cation with an opportunity for comment, and 
that the application will be available for public 
review after submission of the application. 
‘‘(d) REVIEW.—In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality 
of such applications but the review shall only judge the 
likelihood that the project will increase student academic 
achievement. 
‘‘(e) GEOGRAPHIC DIVERSITY.—A State educational 
agency shall distribute funds under this part equitably 
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among geographic areas within the State, including rural, 
suburban, and urban communities. 
‘‘(f) AWARD.—A grant shall be awarded to all eligible 
entities that submit an application that meets the require-
ments of this section in an amount that is not less than 
$10,000. 
‘‘(g) DURATION
OF AWARDS.—Grants under this 
part may be awarded for a period of not less than 3 years 
and not more than 5 years. 
‘‘(h) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) a local educational agency in partnership 
with a community-based organization, private sector 
business entity, or nongovernmental entity; 
‘‘(2) a consortium of local educational agencies 
working in partnership; 
‘‘(3) a community-based organization in part-
nership with a local educational agency and, if appli-
cable, a private sector business entity or nongovern-
mental entity; or 
‘‘(4) a private sector business entity in partner-
ship with a local educational agency and, if applica-
ble, a community-based organization or nongovern-
mental entity. 
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‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 
IMPROVE ACADEMIC ACHIEVEMENT. 
‘‘(a) IN GENERAL.—From the amount reserved 
under section 3202(c)(2), a State educational agency shall 
award grants to nongovernmental entities, including pub-
lic or private organizations, community-based or faith- 
based organizations, and business entities for a program 
or project for elementary or secondary school students (or 
both) that will help improve academic achievement in com-
pliance with the requirements in this section. Subject to 
the availability of funds, the State educational agency 
shall award a grant to each eligible applicant that meets 
the requirements in a sufficient size and scope to support 
the program. 
‘‘(b) APPLICATION.—The State educational agency 
shall require an application that includes the following in-
formation: 
‘‘(1) A description of the program or project 
the applicant will use the funds to support. 
‘‘(2) A description of how the applicant is using 
or will use other State, local, or private funding to 
support the program or project. 
‘‘(3) A description of how the program or 
project will help increase student academic achieve-
ment, including the evidence to support this claim. 
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‘‘(4) A description of the student population the 
program or project is targeting to impact, and if the 
program will prioritize students in high-need local 
educational agencies. 
‘‘(5) A description of how the applicant will 
conduct sufficient outreach to ensure students can 
participate in the program or project. 
‘‘(6) A description of any partnerships the ap-
plicant has entered into with the local educational 
agencies or other entities the applicant will work 
with, if applicable. 
‘‘(7) A description of how the applicant will 
work to share evidence-based and other effective 
strategies from the program or project with local 
educational agencies and other entities working with 
students to increase academic achievement. 
‘‘(c) MATCHING CONTRIBUTION.—An eligible appli-
cant receiving a grant under this section shall provide, ei-
ther directly or through private contributions, non-Federal 
matching funds equal to not less than 50 percent of the 
amount of the grant. 
‘‘(d) REVIEW.—The State educational agency shall 
review the application to ensure that— 
‘‘(1) the applicant is an eligible applicant; 
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‘‘(2) the application clearly describes the re-
quired elements in subsection (b); 
‘‘(3) the entity meets the matching requirement 
described in subsection (c); and 
‘‘(4) the program is allowable and complies with 
Federal, State, and local laws. 
‘‘(e) DISTRIBUTION OF FUNDS.—If the application 
requests exceed the funds available, the State educational 
agency shall prioritize projects that support students in 
high-need local educational agencies and ensure geo-
graphic diversity, including serving rural, suburban, and 
urban areas. 
‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per-
cent of a grant awarded under this section may be used 
for administrative costs. 
‘‘SEC. 3206. REPORT. 
‘‘Each recipient of a grant under section 3204 or 
3205 shall report to the State educational agency on— 
‘‘(1) the success of the program in reaching the 
goals of the program; 
‘‘(2) a description of the students served by the 
program and how the students’ academic achieve-
ment improved; and 
‘‘(3) the results of any evaluation conducted on 
the success of the program.’’. 
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TITLE III—IMPACT AID 
SEC. 301. PURPOSE. 
Section 8002 (20 U.S.C. 7701) is amended by strik-
ing ‘‘challenging State standards’’ and inserting ‘‘State 
academic standards’’. 
SEC. 302. PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY. 
Section 8002 (20 U.S.C. 7702) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘2003’’ and inserting ‘‘2018’’; and 
(B) by amending paragraph (1)(C) to read 
as follows: 
‘‘(C) had an assessed value according to 
original records (including facsimiles or other 
reproductions of those records) or other records 
that the Secretary determines to be appropriate 
and reliable, including Federal agency records 
or local historical records, aggregating 10 per-
cent or more of the assessed value of—’’; 
(2) in subsection (b)— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) DETERMINATION OF ESTIMATED TAXABLE 
VALUE FOR ELIGIBLE FEDERAL PROPERTY.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in determining the estimated taxable 
value of eligible Federal property located within 
the boundaries of a local educational agency for 
fiscal year 2013 and each succeeding fiscal 
year, the Secretary shall carry out the fol-
lowing: 
‘‘(i) Determine the total taxable value 
of real property located within the bound-
aries of such local educational agency for 
the purpose of levying a property tax for 
current expenditures. 
‘‘(ii) Determine the per acre value of 
the eligible Federal property by dividing— 
‘‘(I) the total taxable value deter-
mined under clause (i), by 
‘‘(II) the difference between the 
total acres located within the bound-
aries of the local educational agency 
and the number of Federal acres in 
that agency eligible under this section. 
‘‘(iii) Multiply— 
‘‘(I) the per acre value calculated 
under clause (ii), by 
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‘‘(II) the number of Federal 
acres in that agency eligible under 
this section. 
‘‘(B) SPECIAL RULE.—In a case in which 
a local educational agency shares eligible Fed-
eral property with 2 or more local educational 
agencies, the local educational agency may elect 
to have the Secretary— 
‘‘(i) calculate the per acre value of the 
eligible Federal property of each such local 
educational agency in accordance with sub-
paragraph (A); and 
‘‘(ii) carry out the calculation under 
subparagraph (A)(iii) by multiplying— 
‘‘(I) the average of the per acre 
values of such eligible Federal prop-
erties, by 
‘‘(II) the acres of the Federal 
property in that agency eligible under 
this section.’’; and 
(B) by amending paragraph (3) to read as 
follows: 
‘‘(3) APPLICATION OF CURRENT LEVIED REAL 
PROPERTY TAX RATE.—In calculating the amount 
that a local educational agency is eligible to receive 
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for a fiscal year, the Secretary shall apply the cur-
rent levied real property tax rate for current expend-
itures levied by fiscally independent local educational 
agencies, or imputed for fiscally dependent local edu-
cational agencies, to the current annually deter-
mined estimated taxable value of such acquired Fed-
eral property as calculated under paragraph (2).’’; 
(3) by amending subsection (f) to read as fol-
lows: 
‘‘(f) SPECIAL RULE.—Beginning with fiscal year 
2013, a local educational agency shall be deemed to meet 
the requirements of subsection (a)(1)(C) if records to de-
termine eligibility under such subsection were destroyed 
prior to fiscal year 2000 and the agency received funds 
under subsection (b) in the previous year.’’; 
(4) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FORMER DISTRICTS.— 
‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 
and each succeeding fiscal year, if a local edu-
cational agency described in paragraph (2) is formed 
at any time after 1938 by the consolidation of two 
or more former school districts, the local educational 
agency may elect to have the Secretary determine its 
eligibility and any amount for which the local edu-
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cational agency is eligible under this section for such 
fiscal year on the basis of one or more of those 
former districts, as designated by the local edu-
cational agency. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency described in this 
paragraph is— 
‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
applied for, and was determined to be eligible 
under section 2(c) of the Act of September 20, 
1950 (Public Law 874, 81st Congress) as that 
section was in effect for that fiscal year; or 
‘‘(B) a local educational agency formed by 
the consolidation of 2 or more school districts, 
at least one of which was eligible for assistance 
under this section for the fiscal year preceding 
the year of the consolidation, if— 
‘‘(i) for fiscal years 2006 through 
2012, the local educational agency notifies 
the Secretary not later than 30 days after 
the date of enactment of the Encouraging 
Innovation and Effective Teachers Act of 
the designation described in paragraph (1); 
and 
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‘‘(ii) for fiscal year 2013, and each 
subsequent fiscal year, the local edu-
cational agency includes the designation in 
its application under section 8005 or any 
timely amendment to such application. 
‘‘(3) 
AVAILABILITY
OF
FUNDS.—Notwith-
standing any other provision of law limiting the pe-
riod during which the Secretary may obligate funds 
appropriated for any fiscal year after fiscal year 
2005, the Secretary may obligate funds remaining 
after final payments have been made for any of such 
fiscal years to carry out this subsection.’’; 
(5) in subsection (h)— 
(A) by striking ‘‘section 8014(a)’’ each 
place it appears and inserting ‘‘section 3(c)(1)’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) FOUNDATION PAYMENTS.— 
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 3(c)(1) for the fiscal 
year involved, the Secretary shall first make a 
payment to the following local educational agen-
cies: 
‘‘(i) Each local educational agency 
that received a payment under this section 
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for fiscal year 2006 and was eligible for a 
payment under this section for fiscal year 
2006. 
‘‘(ii) Each local educational agency 
that did not receive a payment under this 
section for fiscal year 2006 but was newly 
eligible for a payment under this section 
after fiscal year 2006. 
‘‘(B) AMOUNT.—The amount of payment 
under subparagraph (A) for a local educational 
agency shall be determined as follows: 
‘‘(i) For a local educational agency 
described in subparagraph (A)(i) the 
amount of payment shall be equal to 90 
percent of the amount received by such 
local educational agency under subsection 
(b) for fiscal year 2006. 
‘‘(ii) For a local educational agency 
described in subparagraph (A)(ii) the 
amount of payment shall be determined 
by— 
‘‘(I) calculating a payment esti-
mate for fiscal year 2006 for such 
local educational agency under sub-
section (b) in the same manner as 
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payments were determined for local 
educational agencies eligible for and 
receiving payments for fiscal year 
2006 under such section; and 
‘‘(II) multiplying the amount de-
termined under subclause (I) by 90 
percent. 
‘‘(C) 
FOUNDATION
PAYMENT.—The 
amount of payments calculated under clause (i) 
or (ii) of subparagraph (B) for a local edu-
cational agency shall be considered the local 
educational agency’s foundation payments for 
each succeeding fiscal year. 
‘‘(D) INSUFFICIENT APPROPRIATIONS.—If 
the amount appropriated under section 3(c)(1) 
is insufficient to pay the full amount deter-
mined under this paragraph for all eligible local 
educational agencies for the fiscal year, then 
the Secretary shall ratably reduce the payment 
to each such local educational agency under this 
paragraph.’’; 
(C) by amending paragraph (2) to read as 
follows: 
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‘‘(2) REMAINING FUNDS.—From any amounts 
remaining after making payments under paragraph 
(1) for the fiscal year involved, the Secretary shall— 
‘‘(A) sum the amounts determined for all 
eligible local educational agencies under sub-
section (b)(2); 
‘‘(B) determine each eligible local edu-
cational agency’s proportional share of the 
amount calculated under subparagraph (A); and 
‘‘(C) pay each eligible local educational 
agency its share of the remaining funds based 
on the proportion calculated under subpara-
graph (B).’’; and 
(D) by striking paragraphs (3) and (4); 
(6) by repealing subsections (i) and (k); 
(7) by redesignating subsection (l) as subsection 
(i); 
(8) by amending subsection (i) (as so redesig-
nated) by striking ‘‘(h)(4)(B)’’ and inserting 
‘‘(h)(2)’’; 
(9) by repealing subsection (m); and 
(10) by redesignating subsection (n) as sub-
section (j). 
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SEC. 303. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN. 
(a) COMPUTATION OF PAYMENT.—Section 8003(a) 
(20 U.S.C. 7703(a)) is amended— 
(1) in the matter preceding subparagraph (A) 
of paragraph (1), by inserting after ‘‘schools of such 
agency’’ the following: ‘‘(including those children en-
rolled in such agency as a result of the open enroll-
ment policy of the State in which the agency is lo-
cated, but not including children who are enrolled in 
a distance education program at such agency and 
who are not residing within the geographic bound-
aries of such agency)’’; 
(2) in paragraph (4)— 
(A) in the heading, by striking ‘‘OR RE-
BUILDING’’ and inserting ‘‘, REBUILDING, OR 
AUTHORIZED FOR DEMOLITION’’; 
(B) in subparagraph (A), by striking ‘‘or 
rebuilding’’ each place it appears and inserting 
‘‘, rebuilding, or authorized for demolition by 
the Secretary of Defense or the head of another 
Federal agency’’; and 
(C) in subparagraph (B)— 
(i) by striking ‘‘or rebuilding’’ each 
place it appears and inserting ‘‘, rebuild-
ing, or authorized for demolition by the 
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Secretary of Defense or the head of an-
other Federal agency’’; and 
(ii) by striking ‘‘3 fiscal years’’ each 
place it appears and inserting ‘‘4 fiscal 
years (which are not required to run con-
secutively)’’; and 
(3) in paragraph (5)(A), by inserting after 
‘‘1984,’’ the following: ‘‘or under lease of off-base 
property under subchapter IV of chapter 169 of title 
10, United States Code,’’. 
(b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM-
PACTED
LOCAL
EDUCATIONAL
AGENCIES.—Section 
8003(b) (20 U.S.C. 7703(b)) is amended— 
(1) by striking ‘‘section 8014(b)’’ each place it 
appears and inserting ‘‘section 3(c)(2)’’; 
(2) in paragraph (1), by repealing subpara-
graph (E); 
(3) in paragraph (2)— 
(A) in subparagraph (A), by inserting at 
the end the following: 
‘‘(iii) The Secretary shall— 
‘‘(I) deem each local educational 
agency that received a basic support 
payment under this paragraph for fis-
cal year 2009 as eligible to receive a 
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basic support payment under this 
paragraph for each of fiscal years 
2010, 2011, and 2012; and 
‘‘(II) make a payment to each 
such local educational agency under 
this paragraph for each of fiscal years 
2010, 2011, and 2012.’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘CONTINUING’’ in the 
heading; 
(ii) by amending clause (i) to read as 
follows: 
‘‘(i) IN
GENERAL.—A heavily im-
pacted local educational agency is eligible 
to receive a basic support payment under 
subparagraph (A) with respect to a num-
ber of children determined under sub-
section (a)(1) if the agency— 
‘‘(I) is a local educational agen-
cy— 
‘‘(aa) whose boundaries are 
the same as a Federal military 
installation or an island property 
designated by the Secretary of 
the Interior to be property that is 
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held in trust by the Federal Gov-
ernment; and 
‘‘(bb) that has no taxing au-
thority; 
‘‘(II) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 45 percent; 
‘‘(bb) has a per-pupil ex-
penditure that is less than— 
‘‘(AA) for an agency 
that has a total student en-
rollment of 500 or more stu-
dents, 125 percent of the av-
erage per-pupil expenditure 
of the State in which the 
agency is located; or 
‘‘(BB) for any agency 
that has a total student en-
rollment less than 500, 150 
percent of the average per- 
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pupil expenditure of the 
State in which the agency is 
located; or the average per- 
pupil expenditure of 3 or 
more comparable local edu-
cational 
agencies 
in 
the 
State in which the agency is 
located; and 
‘‘(cc) is an agency that— 
‘‘(AA) has a tax rate 
for general fund purposes 
that is not less than 95 per-
cent of the average tax rate 
for general fund purposes of 
comparable local educational 
agencies in the State; or 
‘‘(BB) was eligible to 
receive a payment under this 
subsection for fiscal year 
2012 and is located in a 
State that by State law has 
eliminated ad valorem tax as 
a revenue for local edu-
cational agencies; 
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‘‘(III) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enroll-
ment of the agency that is not 
less than 20 percent; 
‘‘(bb) for the 3 fiscal years 
preceding the fiscal year for 
which the determination is made, 
the average enrollment of chil-
dren who are not described in 
subsection (a)(1) and who are eli-
gible for a free or reduced price 
lunch under the Richard B. Rus-
sell National School Lunch Act 
constitutes a percentage of the 
total student enrollment of the 
agency that is not less than 65 
percent; and 
‘‘(cc) has a tax rate for gen-
eral fund purposes which is not 
less than 125 percent of the aver-
age tax rate for general fund 
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purposes for comparable local 
educational agencies in the State; 
‘‘(IV) is a local educational agen-
cy that has a total student enrollment 
of not less than 25,000 students, of 
which— 
‘‘(aa) not less than 50 per-
cent are children described in 
subsection (a)(1); and 
‘‘(bb) not less than 5,500 of 
such children are children de-
scribed in subparagraphs (A) and 
(B) of subsection (a)(1); or 
‘‘(V) is a local educational agency 
that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) including, for purposes of 
determining eligibility, those chil-
dren described in subparagraphs 
(F) and (G) of such subsection, 
that is not less than 35 percent 
of the total student enrollment of 
the agency; and 
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‘‘(bb) was eligible to receive 
assistance under subparagraph 
(A) for fiscal year 2001.’’; and 
(iii) in clause (ii)— 
(I) by striking ‘‘A heavily’’ and 
inserting the following: ‘‘(I) IN GEN-
ERAL.—Subject to subclause (II), a 
heavily’’; and 
(II) adding at the end the fol-
lowing: 
‘‘(II) LOSS OF ELIGIBILITY DUE 
TO FALLING BELOW 95 PERCENT OF 
THE AVERAGE TAX RATE FOR GEN-
ERAL FUND PURPOSES.—In a case of 
a heavily impacted local educational 
agency that fails to meet the require-
ments of clause (i) for a fiscal year by 
reason of having a tax rate for gen-
eral fund purposes that falls below 95 
percent of the average tax rate for 
general fund purposes of comparable 
local educational agencies in the 
State, subclause (I) shall be applied 
as if ‘and the subsequent fiscal year’ 
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were inserted before the period at the 
end.’’; 
(C) by striking subparagraph (C); 
(D) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
(E) in subparagraph (C) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘REG-
ULAR’’; 
(ii) by striking ‘‘Except as provided in 
subparagraph (E)’’ and inserting ‘‘Except 
as provided in subparagraph (D)’’; 
(iii) by amending subclause (I) of 
clause (ii) to read as follows: 
‘‘(ii)(I)(aa) For a local educational 
agency with respect to which 35 percent or 
more of the total student enrollment of the 
schools of the agency are children de-
scribed in subparagraph (D) or (E) (or a 
combination thereof) of subsection (a)(1), 
and that has an enrollment of children de-
scribed in subparagraphs (A), (B), or (C) 
of such subsection equal to at least 10 per-
cent of the agency’s total enrollment, the 
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Secretary shall calculate the weighted stu-
dent units of those children described in 
subparagraph (D) or (E) of such sub-
section by multiplying the number of such 
children by a factor of 0.55. 
‘‘(bb) Notwithstanding subitem (aa), a 
local educational agency that received a 
payment under this paragraph for fiscal 
year 2006 shall not be required to have an 
enrollment of children described in sub-
paragraphs (A), (B), or (C) of subsection 
(a)(1) equal to at least 10 percent of the 
agency’s total enrollment.’’; and 
(iv) by amending subclause (III) of 
clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 
inserting ‘‘subparagraph (B)(i)(I)’’; 
(F) in subparagraph (D)(i)(II) (as so re-
designated), by striking ‘‘6,000’’ and inserting 
‘‘5,500’’; 
(G) in subparagraph (E) (as so redesig-
nated)— 
(i) by striking ‘‘Secretary’’ and all 
that follows through ‘‘shall use’’ and in-
serting ‘‘Secretary shall use’’; 
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(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking clause (ii); 
(H) in subparagraph (F) (as so redesig-
nated), 
by 
striking 
‘‘subparagraph 
(C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 
(B)(i)(II)(bb)’’; 
(I) in subparagraph (G) (as so redesig-
nated)— 
(i) in clause (i)— 
(I) by striking ‘‘subparagraph 
(B), (C), (D), or (E)’’ and inserting 
‘‘subparagraph (B), (C), or (D)’’; 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii)’’ the following ‘‘, or as the direct 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation,’’; 
and 
(IV) by inserting before the pe-
riod, the following: ‘‘or during such 
time as activities associated with base 
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closure 
and 
realignment, 
modularization, 
force 
structure 
change, or force relocation are ongo-
ing’’; and 
(ii) in clause (ii), by striking ‘‘(D) or 
(E)’’ each place it appears and inserting 
‘‘(C) or (D)’’; 
(4) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) by striking clause (iii); and 
(ii) by inserting after clause (ii) the 
following: 
‘‘(iii) In the case of a local educational 
agency that is providing a program of dis-
tance education to children not residing 
within the geographic boundaries of the 
agency, the Secretary shall— 
‘‘(I) for purposes of the calcula-
tion under clause (i)(I), disregard 
such children from the total number 
of children in average daily attend-
ance at the schools served by such 
agency; and 
‘‘(II) for purposes of the calcula-
tion under clause (i)(II), disregard 
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any funds received for such children 
from the total current expenditures 
for such agency.’’; 
(B) in subparagraph (C), by striking ‘‘sub-
paragraph (D) or (E) of paragraph (2), as the 
case may be’’ and inserting ‘‘paragraph 
(2)(D)’’; and 
(C) by amending subparagraph (D) to read 
as follows: 
‘‘(D) RATABLE
DISTRIBUTION.—For any 
fiscal year described in subparagraph (A) for 
which the sums available exceed the amount re-
quired to pay each local educational agency 100 
percent of its threshold payment, the Secretary 
shall distribute the excess sums to each eligible 
local educational agency that has not received 
its full amount computed under paragraph (1) 
or (2) (as the case may be) by multiplying— 
‘‘(i) a percentage, the denominator of 
which is the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for all local edu-
cational agencies and the amount of the 
threshold payment (as calculated under 
subparagraphs (B) and (C)) of all local 
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100 
educational agencies, and the numerator of 
which is the aggregate of the excess sums, 
by; 
‘‘(ii) the difference between the full 
amount computed under paragraph (1) or 
(2) (as the case may be) for the agency 
and the amount of the threshold payment 
as calculated under subparagraphs (B) and 
(C) of the agency.’’; and 
(D) by inserting at the end the following 
new subparagraphs: 
‘‘(E) INSUFFICIENT PAYMENTS.—For each 
fiscal year described in subparagraph (A) for 
which the sums appropriated under section 
3(c)(2) are insufficient to pay each local edu-
cational agency all of the local educational 
agency’s threshold payment described in sub-
paragraph (D), the Secretary shall ratably re-
duce the payment to each local educational 
agency under this paragraph. 
‘‘(F) INCREASES.—If the sums appro-
priated under section 3(c)(2) are sufficient to 
increase the threshold payment above the 100 
percent threshold payment described in sub-
paragraph (D), then the Secretary shall in-
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101 
crease payments on the same basis as such pay-
ments were reduced, except no local educational 
agency may receive a payment amount greater 
than 100 percent of the maximum payment cal-
culated under this subsection.’’; and 
(5) in paragraph (4)— 
(A) in subparagraph (A), by striking 
‘‘through (D)’’ and inserting ‘‘and (C)’’; and 
(B) in subparagraph (B), by striking ‘‘sub-
paragraph (D) or (E)’’ and inserting ‘‘subpara-
graph (C) or (D)’’. 
(c) PRIOR YEAR DATA.—Paragraph (2) of section 
8003(c) (20 U.S.C. 7703(c)) is amended to read as fol-
lows: 
‘‘(2) EXCEPTION.—Calculation of payments for 
a local educational agency shall be based on data 
from the fiscal year for which the agency is making 
an application for payment if such agency— 
‘‘(A) is newly established by a State, for 
the first year of operation of such agency only; 
‘‘(B) was eligible to receive a payment 
under this section for the previous fiscal year 
and has had an overall increase in enrollment 
(as determined by the Secretary in consultation 
with the Secretary of Defense, the Secretary of 
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102 
Interior, or the heads of other Federal agen-
cies)— 
‘‘(i) of not less than 10 percent, or 
100 students, of children described in— 
‘‘(I) subparagraph (A), (B), (C), 
or (D) of subsection (a)(1); or 
‘‘(II) subparagraph (F) and (G) 
of subsection (a)(1), but only to the 
extent such children are civilian de-
pendents of employees of the Depart-
ment of Defense or the Department of 
Interior; and 
‘‘(ii) that is the direct result of closure 
or realignment of military installations 
under the base closure process or the relo-
cation of members of the Armed Forces 
and civilian employees of the Department 
of Defense as part of the force structure 
changes or movements of units or per-
sonnel between military installations or be-
cause of actions initiated by the Secretary 
of the Interior or the head of another Fed-
eral agency; or 
‘‘(C) was eligible to receive a payment 
under this section for the previous fiscal year 
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103 
and has had an increase in enrollment (as de-
termined by the Secretary)— 
‘‘(i) of not less than 10 percent of 
children described in subsection (a)(1) or 
not less than 100 of such children; and 
‘‘(ii) that is the direct result of the 
closure of a local educational agency that 
received a payment under subsection (b)(1) 
or (b)(2) in the previous fiscal year.’’. 
(d) 
CHILDREN
WITH
DISABILITIES.—Section 
8003(d)(1) (20 U.S.C. 7703(d)) is amended by striking 
‘‘section 8014(c)’’ and inserting ‘‘section 3(c)(3)’’. 
(e) HOLD-HARMLESS.—Section 8003(e) (20 U.S.C. 
7703(e)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the total amount the Secretary shall pay a local edu-
cational agency under subsection (b)— 
‘‘(A) for fiscal year 2013, shall not be less 
than 90 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2012; 
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104 
‘‘(B) for fiscal year 2014, shall not be less 
than 85 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2012; and 
‘‘(C) for fiscal year 2015, shall not be less 
than 80 percent of the total amount that the 
local educational agency received under sub-
section (b)(1), (b)(2), or (b)(2)(B)(ii) for fiscal 
year 2012.’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) MAXIMUM
AMOUNT.—The total amount 
provided to a local educational agency under sub-
paragraph (A), (B), or C of paragraph (1) for a fis-
cal year shall not exceed the maximum basic support 
payment amount for such agency determined under 
paragraph (1) or (2) of subsection (b), as the case 
may be, for such fiscal year.’’. 
(f) MAINTENANCE OF EFFORT.—Section 8003 (20 
U.S.C. 7703) is amended by striking subsection (g). 
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105 
SEC. 304. POLICIES AND PROCEDURES RELATING TO CHIL-
DREN RESIDING ON INDIAN LANDS. 
Section 8004(e)(9) is amended by striking ‘‘Bureau 
of Indian Affairs’’ and inserting ‘‘Bureau of Indian Edu-
cation’’. 
SEC. 305. APPLICATION FOR PAYMENTS UNDER SECTIONS 
8002 AND 8003. 
Section 8005(b) (20 U.S.C. 7705(b)) is amended in 
the matter preceding paragraph (1) by striking ‘‘and shall 
contain such information’’. 
SEC. 306. CONSTRUCTION. 
Section 8007 (20 U.S.C. 7707) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘section 
8014(c)’’ and inserting ‘‘section 3(c)(4)’’; 
(B) in paragraph (2), by adding at the end 
the following: 
‘‘(C) The agency is eligible under section 
8003(b)(2) or is receiving basic support pay-
ments under circumstances described in section 
8003(b)(2)(B)(ii).’’; and 
(C) in paragraph (3), by striking ‘‘section 
8014(c)’’ each place it appears and inserting 
‘‘section 3(c)(4)’’; and 
(2) in subsection (b)— 
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106 
(A) in paragraph (1), by striking ‘‘section 
8014(c)’’ 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 
nontaxable due to the presence of 
the Federal Government.’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(F) LIMITATIONS
ON
ELIGIBILITY
RE-
QUIREMENTS.—The Secretary shall not limit 
eligibility— 
‘‘(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 
agency during the preceding school year; 
and 
‘‘(ii) under subparagraph (C)(i)(I)(cc), 
to those local educational agencies in which 
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107 
more than 10 percent of the property in 
each such agency is nontaxable due to the 
presence of the Federal Government.’’; and 
(C) in paragraph (6)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘in such manner, 
and accompanied by such information’’ 
and inserting ‘‘and in such manner’’; and 
(ii) by striking subparagraph (F). 
SEC. 307. FACILITIES. 
Section 8008 (20 U.S.C. 7708) is amended in sub-
section (a), by striking ‘‘section 8014(f)’’ and inserting 
‘‘section 3(c)(5)’’. 
SEC. 308. STATE CONSIDERATION OF PAYMENTS PRO-
VIDING STATE AID. 
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is 
amended by striking ‘‘and contain the information’’. 
SEC. 309. FEDERAL ADMINISTRATION. 
Section 8010 (20 U.S.C. 7710) is amended— 
(1) in subsection (c), by striking ‘‘paragraph 
(3)’’ each place it appears and inserting ‘‘paragraph 
(2)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) TIMELY PAYMENTS.— 
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108 
‘‘(1) IN GENERAL.—The Secretary shall pay the 
full amount that a local educational agency is eligi-
ble to receive under this title not later than Sep-
tember 30 of the second fiscal year following the fis-
cal year for which such amount has been appro-
priated if, not later than 1 calendar year following 
the fiscal year in which such amount has been ap-
propriated, such local educational agency submits to 
the Secretary all the data and information necessary 
for the Secretary to pay the full amount that the 
agency is eligible to receive under this title for such 
fiscal year. 
‘‘(2) PAYMENTS
WITH
RESPECT
TO
FISCAL 
YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO-
PRIATED.—For a fiscal year in which the amount 
appropriated under section 3(c) is insufficient to pay 
the full amount a local educational agency is eligible 
to receive under this title, paragraph (1) shall be ap-
plied by substituting ‘is available to pay the agency’ 
for ‘the agency is eligible to receive’ each place it ap-
pears.’’. 
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109 
SEC. 310. ADMINISTRATIVE HEARINGS AND JUDICIAL RE-
VIEW. 
Section 8011(a) (20 U.S.C. 7711(a)) is amended by 
striking ‘‘or under the Act’’ and all the follows through 
‘‘1994)’’. 
SEC. 311. DEFINITIONS. 
Section 8013 is amended— 
(1) in paragraph (1), by striking ‘‘and Marine 
Corps’’ and inserting ‘‘Marine Corps, and Coast 
Guard’’; 
(2) in paragraph (4), by striking ‘‘and title VI’’; 
(3) in paragraph (5)(A)(iii)— 
(A) in subclause (II), by striking ‘‘Stewart 
B. McKinney Homeless Assistance Act’’ and in-
serting ‘‘McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 114111 et seq.)’’; and 
(B) in subclause (III), by inserting before 
the semicolon, ‘‘(26 U.S.C. 4101 et seq.)’’; 
(4) in paragraph (8)(A), by striking and 
verified by and inserting ‘‘, and verified by,’’; and 
(5) in paragraph (9)(B), by inserting a comma 
before ‘‘on a case-by-case basis’’. 
SEC. 312. AUTHORIZATION OF APPROPRIATIONS. 
Section 8014 (20 U.S.C. 7801) is repealed. 
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110 
SEC. 313. CONFORMING AMENDMENTS. 
(a) REPEAL.—Title IV (20 U.S.C. 7101 et seq.), as 
amended by section 201(b)(2) of the Student Success Act, 
is repealed. 
(b) TRANSFER AND REDESIGNATION.—Title VIII (20 
U.S.C. 7701 et seq.), as amended by this title, is trans-
ferred to and redesignated as title IV (20 U.S.C. 7101 
et seq.). 
(c) TITLE IV.—The heading relating to title IV of 
such Act (20 U.S.C. 7101 et seq.) is amended to read as 
follows: 
‘‘TITLE IV—IMPACT AID’’. 
(d) TITLE VIII REFERENCES.—The Act (20 U.S.C. 
6301 et seq.) is amended— 
(1) by redesignating sections 8001 through 
8005 as sections 4001 through 4005, respectively; 
(2) by redesignating sections 8007 through 
8013 as sections 4007 through 4013, respectively; 
(3) by striking ‘‘section 8002’’ each place it ap-
pears and inserting ‘‘section 4002’’; 
(4) by striking ‘‘section 8002(b)’’ each place it 
appears and inserting ‘‘section 4002(b)’’; 
(5) by striking ‘‘section 8003’’ each place it ap-
pears and inserting ‘‘section 4003’’, respectively; 
(6) by striking ‘‘section 8003(a)’’ each place it 
appears and inserting ‘‘section 4003(a)’’; 
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111 
(7) by striking ‘‘section 8003(a)(1)’’ each place 
it appears and inserting ‘‘section 4003(a)(1)’’; 
(8) by striking ‘‘section 8003(a)(1)(C)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4003(a)(1)(C)’’; 
(9) by striking ‘‘section 8002(a)(2)’’ each place 
it appears and inserting ‘‘section 4002(a)(2)’’; 
(10) by striking ‘‘section 8003(b)’’ each place it 
appears and inserting ‘‘section 4003(b)’’; 
(11) by striking ‘‘section 8003(b)(1)’’ each 
place it appears and inserting ‘‘section 4003(b)(1)’’; 
(12) in section 4002(b)(1)(C), by striking ‘‘sec-
tion 
8003(b)(1)(C)’’ 
and 
inserting 
‘‘section 
4003(b)(1)(C)’’; 
(13) in section 4002(n)(1) (as so redesignated), 
by striking ‘‘section 8013(5)(C)(iii)’’ and inserting 
‘‘section 4013(5)(C)(iii)’’; 
(14) in section 4005(b)(2) (as so redesig-
nated)— 
(A) by striking ‘‘or 8003’’ each place it ap-
pears and inserting ‘‘or 4003’’; and 
(B) in subsection (b)(2), by striking ‘‘sec-
tion 8004’’ and inserting ‘‘section 4004’’; and 
(C) in subsection (d)(2), by striking ‘‘sec-
tion 8003(e)’’ and inserting ‘‘section 4003(e)’’; 
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112 
(15) in section 4007(a)(3)(A)(i) (as so redesig-
nated), by striking ‘‘section 8008(a)’’ and inserting 
‘‘section 4008(a)’’; 
(16) in section 4007(a)(4) (as so redesignated), 
by striking ‘‘section 8013(3)’’ and inserting ‘‘section 
4013(3)’’; and 
(17) in section 4009 (as so redesignated)— 
(A) in subsection (b)(1)— 
(i) by striking ‘‘or 8003(b)’’ and in-
serting ‘‘or 4003(b)’’; 
(ii) 
by 
striking 
‘‘section 
8003(a)(2)(B)’’ and inserting ‘‘section 
4003(a)(2)(B)’’; and 
(iii) by striking ‘‘section 8003(b)(2)’’ 
and inserting ‘‘section 4003(b)(2)’’; 
(B) by striking ‘‘section 8011(a)’’ each 
place 
it 
appears 
and 
inserting 
‘‘section 
4011(a)’’; and 
(18) in section 8010(c)(2)(D) (as so redesig-
nated) by striking ‘‘section 8009(b)’’ and inserting 
‘‘section 4009(b)’’. 
(e) REPEAL.—Title VIII of the Elementary and Sec-
ondary Education Act of 1965 is repealed. 
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113 
TITLE IV—TROOPS-TO- 
TEACHERS PROGRAM 
SEC. 401. TROOPS-TO-TEACHERS PROGRAM. 
(a) TRANSFER OF FUNCTIONS.—The responsibility 
and authority for operation and administration of the 
Troops-to-Teachers Program is transferred from the Sec-
retary of Education to the Secretary of Defense. 
(b) ENACTMENT AND MODIFICATION OF PROGRAM 
AUTHORITY IN TITLE 10, UNITED STATES CODE.— 
(1) IN
GENERAL.—Chapter 58 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘SEC. 1154. ASSISTANCE TO ELIGIBLE MEMBERS TO OBTAIN 
EMPLOYMENT AS TEACHERS: TROOPS-TO- 
TEACHERS PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PROGRAM.—The term ‘Program’ means 
the Troops-to-Teachers Program authorized by this 
section. 
‘‘(2) CHARTER
SCHOOL.—The term ‘charter 
school’ has the meaning given that term in section 
5101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7221i). 
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114 
‘‘(3) MEMBER OF THE ARMED FORCES.—The 
term ‘member of the Armed Forces’ includes a 
former member of the Armed Forces. 
‘‘(4) ADDITIONAL TERMS.—The terms ‘elemen-
tary school’, ‘local educational agency’, ‘secondary 
school’, and ‘State’ have the meanings given those 
terms in section 5101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 
Defense (in this section referred to as the ‘Secretary’) may 
carry out a program (to be known as the ‘Troops-to- 
Teachers Program’)— 
‘‘(1) to assist eligible members of the armed 
forces described in subsection (c) to obtain certifi-
cation or licensing as elementary school teachers, 
secondary school teachers, or career or technical 
teachers; and 
‘‘(2) to facilitate the employment of such mem-
bers— 
‘‘(A) by local educational agencies or pub-
lic charter schools that the Secretary of Edu-
cation identifies as— 
‘‘(i) receiving grants under subpart 1 
of part A of title I of the Elementary and 
Secondary Education Act of 1965 (20 
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115 
U.S.C. 6311 et seq.) as a result of having 
within their jurisdictions concentrations of 
children from low-income families; 
‘‘(ii) experiencing a shortage of effec-
tive teachers, in particular a shortage of 
science, mathematics, special education, or 
career or technical teachers; or 
‘‘(iii) a Bureau-funded school (as such 
term is defined in section 1141 of the Edu-
cation Amendments of 1978 (25 U.S.C. 
2021)); and 
‘‘(B) in elementary schools or secondary 
schools, or as career or technical teachers. 
‘‘(c) ELIGIBILITY AND APPLICATION PROCESS.— 
‘‘(1) ELIGIBLE MEMBERS.—The following mem-
bers of the armed forces are eligible for selection to 
participate in the Program: 
‘‘(A) Any member who— 
‘‘(i) on or after October 1, 1999, be-
comes entitled to retired or retainer pay 
under this title or title 14; 
‘‘(ii) has an approved date of retire-
ment that is within one year after the date 
on which the member submits an applica-
tion to participate in the Program; or 
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116 
‘‘(iii) transfers to the Retired Reserve. 
‘‘(B) Any member who, on or after Janu-
ary 8, 2002— 
‘‘(i)(I) is separated or released from 
active duty after 4 or more years of contin-
uous active duty immediately before the 
separation or release; or 
‘‘(II) has completed a total of at 
least ten years of active duty service, 
10 years of service computed under 
section 12732 of this title, or 10 years 
of any combination of such service; 
and 
‘‘(ii) executes a reserve commitment 
agreement for a period of not less than 3 
years under paragraph (5)(B). 
‘‘(C) Any member who, on or after Janu-
ary 8, 2002, is retired or separated for physical 
disability under chapter 61 of this title. 
‘‘(2) SUBMITTAL OF APPLICATIONS.—(A) Selec-
tion of eligible members of the armed forces to par-
ticipate in the Program shall be made on the basis 
of applications submitted to the Secretary. An appli-
cation shall be in such form as the Secretary may 
require. 
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117 
‘‘(B) An application may be considered to 
be submitted on a timely basis under subpara-
graph (A)(i), (B), or (C) of paragraph (1) if the 
application is submitted not later than 4 years 
after the date on which the member is retired 
or separated or released from active duty, 
whichever applies to the member. 
‘‘(3) 
SELECTION
CRITERIA; 
EDUCATIONAL 
BACKGROUND
REQUIREMENTS
AND
HONORABLE 
SERVICE REQUIREMENT.—(A) Subject to subpara-
graph (B), the Secretary shall prescribe the criteria 
to be used to select eligible members of the armed 
forces to participate in the Program. 
‘‘(B) A member of the armed forces is eli-
gible to participate in the Program only if the 
member’s last period of service in the armed 
forces was honorable, as characterized by the 
Secretary concerned. A member selected to par-
ticipate in the Program before the retirement of 
the member or the separation or release of the 
member from active duty may continue to par-
ticipate in the Program after the retirement, 
separation, or release only if the member’s last 
period of service is characterized as honorable 
by the Secretary concerned. 
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118 
‘‘(4) SELECTION PRIORITIES.—In selecting eli-
gible members of the armed forces to receive assist-
ance under the Program, the Secretary shall give 
priority to members who— 
‘‘(A) have educational or military experi-
ence in science, mathematics, special education, 
or career and technical subjects; and 
‘‘(B) agree to seek employment as science, 
mathematics, or special education teachers in 
elementary schools or secondary schools or in 
other schools under the jurisdiction of a local 
educational agency. 
‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 
The Secretary may not select an eligible member of 
the armed forces to participate in the Program and 
receive financial assistance unless the Secretary has 
sufficient appropriations for the Program available 
at the time of the selection to satisfy the obligations 
to be incurred by the United States under subsection 
(d) with respect to the member. 
‘‘(B) The Secretary may not select an eli-
gible member of the armed forces described in 
paragraph (1)(B)(i) to participate in the Pro-
gram under this section and receive financial 
assistance under subsection (d) unless the mem-
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119 
ber executes a written agreement to serve as a 
member of the Selected Reserve of a reserve 
component of the armed forces for a period of 
not less than 3 years (in addition to any other 
reserve commitment the member may have). 
‘‘(d) PARTICIPATION AGREEMENT AND FINANCIAL 
ASSISTANCE.— 
‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli-
gible member of the armed forces selected to partici-
pate in the Program under subsection (c) and re-
ceive financial assistance under this subsection shall 
be required to enter into an agreement with the Sec-
retary in which the member agrees— 
‘‘(i) within such time as the Secretary 
may require, to obtain certification or li-
censing as an elementary school teacher, 
secondary school teacher, or career and 
technical teacher; and 
‘‘(ii) to accept an offer of full-time 
employment as an elementary school teach-
er, secondary school teacher, or career and 
technical teacher for not less than three 
school years with a local educational agen-
cy receiving grants under subpart 1 of part 
A of title I of the Elementary and Sec-
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120 
ondary 
Education 
Act 
of 
1965 
(20 
U.S.C.6311 et seq.) or a Bureau-funded 
school (as such term is defined in section 
1141 of the Education Amendments of 
1978 (25 U.S.C. 11 2021)). 
‘‘(B) The Secretary may waive the three- 
year commitment described in subparagraph 
(A)(ii) for a participant if the Secretary deter-
mines the waiver to be appropriate. If the Sec-
retary provides the waiver, the participant shall 
not be considered to be in violation of the 
agreement and shall not be required to provide 
reimbursement under subsection (e), for failure 
to meet the three-year commitment. 
‘‘(2) VIOLATION
OF
PARTICIPATION
AGREE-
MENT; EXCEPTIONS.—A participant in the Program 
shall not be considered to be in violation of the par-
ticipation agreement entered into under paragraph 
(1) during any period in which the participant— 
‘‘(A) is pursuing a full-time course of 
study related to the field of teaching at an in-
stitution of higher education; 
‘‘(B) is serving on active duty as a member 
of the armed forces; 
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121 
‘‘(C) is temporarily totally disabled for a 
period of time not to exceed 3 years as estab-
lished by sworn affidavit of a qualified physi-
cian; 
‘‘(D) is unable to secure employment for a 
period not to exceed 12 months by reason of the 
care required by a spouse who is disabled; 
‘‘(E) is an effective teacher who is seeking 
and unable to find full-time employment as a 
teacher in an elementary school or secondary 
school or as a career and technical teacher for 
a single period not to exceed 27 months; or 
‘‘(F) satisfies such other criteria as may be 
prescribed by the Secretary. 
‘‘(3) STIPEND FOR PARTICIPANTS.—(A) Subject 
to subparagraph (B), the Secretary may pay to a 
participant in the Program selected under this sec-
tion a stipend in an amount of not more than 
$5,000. 
‘‘(B) The total number of stipends that 
may be paid under subparagraph (A) in any fis-
cal year may not exceed 5,000. 
‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject 
to subparagraph (B), the Secretary may, in lieu of 
paying a stipend under paragraph (3), pay a bonus 
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122 
of $10,000 to a participant in the Program selected 
under this section who agrees in the participation 
agreement under paragraph (1) to accept full-time 
employment as an elementary school teacher, sec-
ondary school teacher, or career and technical teach-
er for not less than 3 school years in a high-need 
school. 
‘‘(B) The total number of bonuses that 
may be paid under subparagraph (A) in any fis-
cal year may not exceed 3,000. 
‘‘(C) For purposes of subparagraph (A), 
the term ‘high-need school’ means a public ele-
mentary school, public secondary school, or 
public charter school that meets one or more of 
the following criteria: 
‘‘(i) At least 50 percent of the stu-
dents enrolled in the school were from low- 
income families (as described in subsection 
(b)(2)(A)(i)). 
‘‘(ii) The school has a large percent-
age of students who qualify for assistance 
under part B of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1411 et 
seq.). 
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123 
‘‘(5) TREATMENT OF STIPEND AND BONUS.—A 
stipend or bonus paid under this subsection to a 
participant in the Program shall be taken into ac-
count in determining the eligibility of the participant 
for Federal student financial assistance provided 
under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.). 
‘‘(e) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.— 
‘‘(1) REIMBURSEMENT REQUIRED.—A partici-
pant in the Program who is paid a stipend or bonus 
under subsection (d) shall be required to repay the 
stipend or bonus under the following circumstances: 
‘‘(A) The participant fails to obtain teach-
er certification or licensing or to obtain employ-
ment as an elementary school teacher, sec-
ondary school teacher, or career and technical 
teacher as required by the participation agree-
ment under subsection (d)(1). 
‘‘(B) The participant voluntarily leaves, or 
is terminated for cause from, employment as an 
elementary school teacher, secondary school 
teacher, or career and technical teacher during 
the 3 years of required service in violation of 
the participation agreement. 
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124 
‘‘(C) The participant executed a written 
agreement with the Secretary concerned under 
subsection (c)(5)(B) to serve as a member of a 
reserve component of the armed forces for a pe-
riod of 3 years and fails to complete the re-
quired term of service. 
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under sub-
section (d) shall pay an amount that bears the same 
ratio to the amount of the stipend or bonus as the 
unserved portion of required service bears to the 
three years of required service. Any amount owed by 
the participant shall bear interest at the rate equal 
to the highest rate being paid by the United States 
on the day on which the reimbursement is deter-
mined to be due for securities having maturities of 
90 days or less and shall accrue from the day on 
which the participant is first notified of the amount 
due. 
‘‘(3) TREATMENT OF OBLIGATION.—The obliga-
tion to reimburse the Secretary under this sub-
section is, for all purposes, a debt owing the United 
States. A discharge in bankruptcy under title 11 
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125 
shall not release a participant from the obligation to 
reimburse the Secretary under this subsection. 
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
RE-
QUIREMENT.—A participant shall be excused from 
reimbursement under this subsection if the partici-
pant becomes permanently totally disabled as estab-
lished by sworn affidavit of a qualified physician. 
The Secretary may also waive the reimbursement in 
cases of extreme hardship to the participant, as de-
termined by the Secretary. 
‘‘(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL.—The receipt by a partic-
ipant in the Program of a stipend or bonus under this 
subsection (d) shall not reduce or otherwise affect the enti-
tlement of the participant to any benefits under chapter 
30 or 33 of title 38 or chapter 1606 of this title. 
‘‘(g) PARTICIPATION BY STATES.— 
‘‘(1) 
DISCHARGE
OF
STATE
ACTIVITIES 
THROUGH CONSORTIA OF STATES.—The Secretary 
may permit States participating in the Program to 
carry out activities authorized for such States under 
the Program through one or more consortia of such 
States. 
‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 
subparagraph (B), the Secretary may make grants 
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126 
to States participating in the Program, or to con-
sortia of such States, in order to permit such States 
or consortia of States to operate offices for purposes 
of recruiting eligible members of the armed forces 
for participation in the Program and facilitating the 
employment of participants in the Program as ele-
mentary school teachers, secondary school teachers, 
and career and technical teachers. 
‘‘(B) The total amount of grants made 
under subparagraph (A) in any fiscal year may 
not exceed $5,000,000. 
‘‘(h) COUNSELING AND REFERRAL SERVICES.—The 
Secretary may provide counseling and referral services to 
members of the Armed Forces who meet the criteria de-
scribed in subsection (c), including those members who are 
not eligible for assistance under paragraphs (3) and (4) 
of subsection (d).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 58 of such title is 
amended by adding at the end the following new 
item: 
‘‘1154. Assistance to eligible members to obtain employment as teachers: 
Troops-to-Teachers Program’’. 
(3) 
CONFORMING
AMENDMENT.—Section 
1142(b) (4)(C) of such title is amended by striking 
‘‘under sections 1152 and 1153 of this title and the 
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127 
Troops-to-Teachers Program under section 2302 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6672)’’ and inserting ‘‘under sec-
tions 1152, 1153, and 1154 of this title’’. 
TITLE V—REPEAL 
SEC. 501. REPEAL OF TITLE VI. 
The Act is amended by striking title VI (20 U.S.C. 
7301 et seq.). 
TITLE VI—HOMELESS 
EDUCATION 
SEC. 601. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regula-
tions, practices, or policies may act as a barrier to 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies will review and under-
take steps to revise such laws, regulations, practices, 
or policies to ensure that homeless children and 
youths are afforded the same free, appropriate pub-
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128 
lic education as is provided to other children and 
youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
SEC. 602. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘;or’’ a 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)— 
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129 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant 
funds from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) 
that enable such children and youths to enroll in, at-
tend, and succeed in school, or, if appropriate, in 
preschool programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in 
this subtitle’’; 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and 
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130 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific needs in the 
education of homeless children and youths.’’. 
(5) in subsection (e)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— 
From the grant funds made available each year to 
a State under subsection (a) to carry out this sub-
title, the State educational agency— 
‘‘(A) may use not more that 20 percent of 
the State’s allocation under subsection (c)(1) 
for State-level activities; and 
‘‘(B) shall use the remainder of the State’s 
allocation after using amounts for State-level 
activities under subparagraph (A) to award sub-
grants to local educational agencies for the pur-
poses of carrying out section 723.’’; 
(B) in paragraph (2), by striking ‘‘under 
this subtitle’’ and inserting ‘‘under paragraph 
(1)(A)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; 
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131 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’; 
(bb) by striking ‘‘and’’ at 
the end of subclause (II); 
(cc) by adding ‘‘and’’ at the 
end of subclause (III); and 
(dd) by adding at the end 
the following: 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and 
(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as fol-
lows: 
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‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on— 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining 
access to public preschool programs and to pub-
lic elementary schools and secondary schools; 
‘‘(C) the difficulties in identifying the spe-
cial needs and barriers to the participation and 
achievement of such children and youths; 
‘‘(D) any progress made by the State edu-
cational agency and local educational agencies 
in the State in addressing such problems and 
difficulties; and 
‘‘(E) the success of the programs under 
this subtitle in identifying homeless children 
and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; 
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‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, a report containing information 
necessary to assess the educational needs of home-
less children and youths within the State, including 
data necessary for the Secretary to fulfill the respon-
sibilities under section 724(h); 
‘‘(4) in order to improve the provision of com-
prehensive education and related support services to 
homeless children and youths and their families, co-
ordinate and collaborate with— 
‘‘(A) educators, including teachers, special 
education personnel, administrators, and child 
development and preschool program personnel; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
services of public and private child welfare and 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of serv-
ices and programs funded under the Runaway 
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and Homeless Youth Act (42 U.S.C. 5701 et 
seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children 
and youths, and their families, including public 
housing agencies, shelter operators, operators of 
transitional housing facilities, and providers of 
transitional 
living 
programs 
for 
homeless 
youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; and 
‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(5) provide technical assistance to local edu-
cational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of subsection 
(e)(3), paragraphs (3) through (7) of subsection (g), 
and subsection (h); 
‘‘(6) provide professional development opportu-
nities for local educational agency personnel and the 
homeless 
liaison 
designated 
under 
subsection 
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(g)(1)(J)(ii) to assist such personnel in meeting the 
needs of homeless children and youths; and 
‘‘(7) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives 
the full protections and services provided by this 
subtitle.’’; 
(7) by amending subsection (g) to read as fol-
lows: 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—In order to be eligible to 
receive a grant under this section, each State edu-
cational agency shall submit to the Secretary a plan 
to provide for the education of homeless children 
and youths within the State that includes the fol-
lowing: 
‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same State academic stand-
ards that all students are expected to meet. 
‘‘(B) A description of the procedures the 
State educational agency will use to identify 
such children and youths in the State and to 
assess their needs. 
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‘‘(C) A description of procedures for the 
prompt resolution of disputes regarding the 
educational placement of homeless children and 
youths. 
‘‘(D) A description of programs for school 
personnel (including liaisons, school leaders, at-
tendance officers, teachers, enrollment per-
sonnel, and specialized instructional support 
personnel) to heighten the awareness of such 
personnel of the specific needs of homeless ado-
lescents, including runaway and homeless 
youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths who 
meet the relevant eligibility criteria are able to 
participate in Federal, State, or local nutrition 
programs. 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have equal ac-
cess to public preschool programs, adminis-
tered by the State educational agency or 
local educational agency, as provided to 
other children in the State; 
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‘‘(ii) homeless youths and youths sep-
arated from public schools are identified 
and accorded equal access to appropriate 
secondary education and support services; 
and 
‘‘(iii) homeless children and youth 
who meet the relevant eligibility criteria 
are able to participate in Federal, State, or 
local education programs. 
‘‘(G) Strategies to address problems identi-
fied in the report provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including problems resulting 
from enrollment delays that are caused by— 
‘‘(i) immunization and other health 
records requirements; 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
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‘‘(I) A demonstration that the State edu-
cational agency and local educational agencies 
in the State have developed, and shall review 
and revise, polices to remove barriers to the 
identification, enrollment, and retention of 
homeless children and youths in schools in the 
State. 
‘‘(J) Assurances that the following will be 
carried out: 
‘‘(i) The State educational agency and 
local educational agencies in the State will 
adopt policies and practices to ensure that 
homeless children and youths are not stig-
matized or segregated on the basis of their 
status as homeless. 
‘‘(ii) Local educational agencies will 
designate an appropriate staff person, who 
may also be a coordinator for other Fed-
eral programs, as a local educational agen-
cy liaison for homeless children and 
youths, to carry out the duties described in 
paragraph (6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
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provided, at the request of the parent or 
guardian (or in the case of an unaccom-
panied youth, the liaison), to and from the 
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable: 
‘‘(I) If the homeless child or 
youth continues to live in the area 
served by the local educational agency 
in which the school of origin is lo-
cated, the child’s or youth’s transpor-
tation to and from the school of origin 
shall be provided or arranged by the 
local educational agency in which the 
school of origin is located. 
‘‘(II) If the homeless child’s or 
youth’s living arrangements in the 
area served by the local educational 
agency of origin terminate and the 
child or youth, though continuing his 
or her education in the school of ori-
gin, begins living in an area served by 
another local educational agency, the 
local educational agency of origin and 
the local educational agency in which 
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the homeless child or youth is living 
shall agree upon a method to appor-
tion the responsibility and costs for 
providing the child with transpor-
tation to and from the school of ori-
gin. If the local educational agencies 
are unable to agree upon such meth-
od, the responsibility and costs for 
transportation shall be shared equally. 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Each plan adopted 
under this subsection shall also describe how 
the State will ensure that local educational 
agencies in the State will comply with the re-
quirements of paragraphs (3) through (7). 
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will 
furnish to local educational agencies and how 
compliance efforts will be coordinated with the 
local educational agency liaisons designated 
under paragraph (1)(J)(ii). 
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The local educational 
agency serving each child or youth to be as-
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sisted under this subtitle shall, according to the 
child’s or youth’s best interest— 
‘‘(i) continue the child’s or youth’s 
education in the school of origin for the 
duration of homelessness— 
‘‘(I) in any case in which a fam-
ily becomes homeless between aca-
demic years or during an academic 
year; or 
‘‘(II) for the remainder of the 
academic year, if the child or youth 
becomes permanently housed during 
an academic year; or 
‘‘(ii) enroll the child or youth in any 
public school that nonhomeless students 
who live in the attendance area in which 
the child or youth is actually living are eli-
gible to attend. 
‘‘(B) SCHOOL STABILITY.—In determining 
the best interest of the child or youth under 
subparagraph (A), the local educational agency 
shall— 
‘‘(i) presume that keeping the child or 
youth in the school of origin is in the child 
or youth’s best interest, except when doing 
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so is contrary to the wishes of the child’s 
or youth’s parent or guardian, or the unac-
companied youth; 
‘‘(ii) consider student-centered factors 
related to the child’s or youth’s best inter-
est, including factors related to the impact 
of mobility on achievement, education, 
health, and safety of homeless children and 
youth, giving priority to the wishes of the 
homeless child’s or youth’s parent of 
guardian or the unaccompanied youth in-
volved; 
‘‘(iii) if, after conducting the best in-
terest determination based on consider-
ation of the presumption in clause (i) and 
the student-centered factors in clause (ii), 
the local educational agency determines 
that it is not in the child’s or youth’s best 
interest to attend the school of origin or 
the school requested by the parent, guard-
ian, or unaccompanied youth, provide the 
child’s or youth’s parent or guardian or 
the unaccompanied youth with a written 
explanation of the reasons for its deter-
mination, in a manner and form under-
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standable to such parent, guardian, or un-
accompanied youth, including information 
regarding the right to appeal under sub-
paragraph (E); and 
‘‘(iv) in the case of an unaccompanied 
youth, ensure that the homeless liaison 
designated under paragraph (1)(J)(ii) as-
sists in placement or enrollment decisions 
under this subparagraph, gives priority to 
the views of such unaccompanied youth, 
and provides notice to such youth of the 
right to appeal under subparagraph (E). 
‘‘(C) ENROLLMENT.— 
‘‘(i) IN
GENERAL.—The school se-
lected in accordance with this paragraph 
shall immediately enroll the homeless child 
or youth, even if the child or youth— 
‘‘(I) is unable to produce records 
normally required for enrollment, such 
as previous academic records, records 
of immunization and other required 
health records, proof of residency, or 
other documentation; or 
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‘‘(II) has missed application or 
enrollment deadlines during any pe-
riod of homelessness. 
‘‘(ii) 
RELEVANT
ACADEMIC 
RECORDS.—The enrolling school shall im-
mediately contact the school last attended 
by the child or youth to obtain relevant 
academic and other records. 
‘‘(iii) RELEVANT HEALTH RECORDS.— 
If the child or youth needs to obtain immu-
nizations or other required health records, 
the enrolling school shall immediately refer 
the parent or guardian of the child or 
youth, or the unaccompanied child or 
youth, to the local educational agency liai-
son designated under paragraph (1)(J)(ii), 
who shall assist in obtaining necessary im-
munizations or screenings, or immuniza-
tion or other required health records, in 
accordance with subparagraph (D). 
‘‘(iv) NO
LIABILITY.—Whenever the 
school selected enrolls an unaccompanied 
youth in accordance with this paragraph, 
no liability shall be imposed upon the 
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school by reason of enrolling the youth 
without parent or guardian consent. 
‘‘(D) RECORDS.— 
‘‘(i) IN GENERAL.—Any record ordi-
narily kept by the school, including immu-
nization or other required health records, 
academic records, birth certificates, guard-
ianship records, and evaluations for special 
services or programs, regarding each 
homeless child or youth shall be main-
tained— 
‘‘(I) so that the records involved 
are available, in a timely fashion, 
when a child or youth enters a new 
school or school district; and 
‘‘(II) in a manner consistent with 
section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g). 
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over school selection or enrollment 
in a school— 
‘‘(i) the child or youth shall be imme-
diately enrolled in the school in which en-
rollment is sought, pending final resolution 
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of the dispute, including all available ap-
peals; 
‘‘(ii) the parent, guardian, or unac-
companied youth shall be provided with a 
written explanation of any decisions made 
by the school, the local educational agency, 
or the State educational agency involved, 
including the rights of the parent, guard-
ian, or youth to appeal such decisions; 
‘‘(iii) the parent, guardian, or unac-
companied youth shall be referred to the 
local educational agency liaison designated 
under paragraph (1)(J)(ii), who shall carry 
out the dispute resolution process as de-
scribed in paragraph (1)(C) as expedi-
tiously as possible after receiving notice of 
the dispute; and 
‘‘(iv) in the case of an unaccompanied 
youth, the liaison shall ensure that the 
youth is immediately enrolled in school in 
which the youth seeks enrollment pending 
resolution of such dispute. 
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of 
whether the child or youth lives with the home-
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less parents or has been temporarily placed 
elsewhere. 
‘‘(G) SCHOOL OF ORIGIN DEFINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘school of origin’ means the 
school that a child or youth attended when 
permanently housed or the school in which 
the child or youth was last enrolled. 
‘‘(ii) RECEIVING SCHOOL.—When the 
child or youth completes the final grade 
level served by the school of origin, as de-
scribed in clause (i), the term ‘‘school of 
origin’’ shall include the designated receiv-
ing school at the next grade level for all 
feeder schools. 
‘‘(H) CONTACT
INFORMATION.—Nothing 
in this subtitle shall prohibit a local educational 
agency from requiring a parent or guardian of 
a homeless child to submit contact information. 
‘‘(I) PRIVACY.—Information about a home-
less child’s or youth’s living situation shall be 
treated as a student education record under 
section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g) and shall not be 
released to housing providers, employers, law 
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enforcement personnel, or other persons or 
agencies not authorized to have such informa-
tion under section 99.31 of title 34, Code of 
Federal Regulations. 
‘‘(J) 
ACADEMIC
ACHIEVEMENT.—The 
school selected in accordance with this para-
graph shall ensure that homeless children and 
youth have opportunities to meet the same 
State academic standards to which other stu-
dents are held. 
‘‘(4) COMPARABLE SERVICES.—Each homeless 
child or youth to be assisted under this subtitle shall 
be provided services comparable to services offered 
to other students in the school selected under para-
graph (3), including the following: 
‘‘(A) Transportation services. 
‘‘(B) Educational services for which the 
child or youth meets the eligibility criteria, such 
as services provided under title I of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) or similar State or local 
programs, educational programs for children 
with disabilities, and educational programs for 
English learners. 
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‘‘(C) Programs in career and technical 
education. 
‘‘(D) Programs for gifted and talented stu-
dents. 
‘‘(E) School nutrition programs. 
‘‘(5) COORDINATION.— 
‘‘(A) IN GENERAL.—Each local educational 
agency serving homeless children and youths 
that receives assistance under this subtitle shall 
coordinate— 
‘‘(i) the provision of services under 
this subtitle with local social services agen-
cies and other agencies or entities pro-
viding services to homeless children and 
youths and their families, including serv-
ices and programs funded under the Run-
away and Homeless Youth Act (42 U.S.C. 
5701 et seq.); and 
‘‘(ii) transportation, transfer of school 
records, and other interdistrict activities, 
with other local educational agencies. 
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State educational agency and local 
educational agency that receives assistance 
under this subtitle shall coordinate with State 
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and local housing agencies responsible for devel-
oping the comprehensive housing affordability 
strategy described in section 105 of the Cran-
ston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12705) to minimize educational dis-
ruption for children and youths who become 
homeless. 
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A) 
and (B) shall be designed to— 
‘‘(i) ensure that all homeless children 
and youths are promptly identified; 
‘‘(ii) ensure that homeless children 
and youths have access to, and are in rea-
sonable proximity to, available education 
and related support services; and 
‘‘(iii) raise the awareness of school 
personnel and service providers of the ef-
fects of short-term stays in a shelter and 
other challenges associated with homeless-
ness. 
‘‘(D) HOMELESS CHILDREN AND YOUTHS 
WITH DISABILITIES.—For children and youth 
who are to be assisted both under this subtitle, 
and under the Individuals with Disabilities 
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Education Act (20 U.S.C. 1400 et seq.) or sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794), each local educational agency shall 
coordinate the provision of services under this 
subtitle with the provision of programs for chil-
dren with disabilities served by that local edu-
cational agency and other involved local edu-
cational agencies. 
‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 
‘‘(A) DUTIES.—Each local educational 
agency liaison for homeless children and youths, 
designated under paragraph (1)(J)(ii), shall en-
sure that— 
‘‘(i) homeless children and youths are 
identified by school personnel through out-
reach and coordination activities with other 
entities and agencies; 
‘‘(ii) homeless children and youths are 
enrolled in, and have a full and equal op-
portunity to succeed in, schools of that 
local educational agency; 
‘‘(iii) homeless families, children, and 
youths have access to and receive edu-
cational services for which such families, 
children, and youths are eligible, including 
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services through Head Start, Early Head 
Start, early intervention, and preschool 
programs administered by the local edu-
cational agency; 
‘‘(iv) homeless families, children, and 
youths receive referrals to health care serv-
ices, dental services, mental health and 
substances abuse services, housing services, 
and other appropriate services; 
‘‘(v) the parents or guardians of 
homeless children and youths are informed 
of the educational and related opportuni-
ties available to their children and are pro-
vided with meaningful opportunities to par-
ticipate in the education of their children; 
‘‘(vi) public notice of the educational 
rights of homeless children and youths is 
disseminated in locations frequented by 
parents or guardians of such children and 
youths, and unaccompanied youths, includ-
ing schools, shelters, public libraries, and 
soup kitchens in a manner and form un-
derstandable to the parents and guardians 
of homeless children and youths, and unac-
companied youths; 
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‘‘(vii) enrollment disputes are medi-
ated in accordance with paragraph (3)(E); 
‘‘(viii) the parent or guardian of a 
homeless child or youth, and any unaccom-
panied youth, is fully informed of all trans-
portation services, including transportation 
to the school of origin, as described in 
paragraph (1)(J)(iii), and is assisted in ac-
cessing transportation to the school that is 
selected under paragraph (3)(A); 
‘‘(ix) school personnel providing serv-
ices under this subtitle receive professional 
development and other support; and 
‘‘(x) unaccompanied youths— 
‘‘(I) are enrolled in school; 
‘‘(II) have opportunities to meet 
the same State academic standards to 
which other students are held, includ-
ing through implementation of the 
policies and practices required by 
paragraph (1)(F)(ii); and 
‘‘(III) are informed of their sta-
tus as independent students under 
section 480 of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv) and 
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receive verification of such status for 
purposes of the Free Application for 
Federal Student Aid described in sec-
tion 483 of such Act (20 U.S.C. 
1090). 
‘‘(B) NOTICE.—State coordinators estab-
lished under subsection (d)(3) and local edu-
cational agencies shall inform school personnel, 
service providers, advocates working with home-
less families, parents and guardians of homeless 
children and youths, and homeless children and 
youths of the duties of the local educational 
agency liaisons, including publishing an annu-
ally updated list of the liaisons on the State 
educational agency’s website. 
‘‘(C) LOCAL AND STATE COORDINATION.— 
Local educational agency liaisons for homeless 
children and youths shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel 
responsible for the provision of education and 
related services to homeless children and 
youths. Such coordination shall include col-
lecting and providing to the State Coordinator 
the reliable, valid, and comprehensive data 
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155 
needed to meet the requirements of paragraphs 
(1) and (3) of subsection (f). 
‘‘(7) REVIEW AND REVISIONS.— 
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency 
that receives assistance under this subtitle shall 
review and revise any policies that may act as 
barriers to the enrollment of homeless children 
and youths in schools that are selected under 
paragraph (3). 
‘‘(B) CONSIDERATION.—In reviewing and 
revising such policies, consideration shall be 
given to issues concerning transportation, im-
munization, residency, birth certificates, school 
records and other documentation, and guard-
ianship. 
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment 
and attendance of homeless children and youths 
who are not currently attending school.’’; and 
(8) in subsection (h)(1)(A), by striking ‘‘fiscal 
year 2009,’’ and inserting ‘‘fiscal years 2013 
through 2018,’’. 
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156 
SEC. 603. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 723 of such Act (42 U.S.C. 11433) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘facili-
tating the enrollment,’’ and inserting ‘‘facili-
tating the identification, enrollment,’’; 
(B) in paragraph (2)(A)— 
(i) by adding ‘‘and’’ at the end of 
clause (i); 
(ii) by striking ‘‘; and’’ and inserting 
a period at the end of clause (ii); and 
(iii) by striking clause (iii); and 
(C) by adding at the end the following: 
‘‘(4) 
DURATION
OF
GRANTS.—Subgrants 
awarded under this section shall be for terms of not 
to exceed 3 years.’’; 
(2) in subsection (b)— 
(A) by striking paragraph (3) and redesig-
nating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively; and 
(B) by adding at the end the following: 
‘‘(6) An assurance that the local educational 
agency will collect and promptly provide data re-
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quested by the State Coordinator pursuant to para-
graphs (1) and (3) of section 722(f). 
‘‘(7) An assurance that the local educational 
agency has removed barriers to complying with the 
requirements of section 722(g)(1)(I).’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘726’’ 
and inserting ‘‘722(a)’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘identification,’’ before ‘‘enrollment’’; 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) The extent to which the application 
reflects coordination with other local and State 
agencies that serve homeless children and 
youths.’’; and 
(iii) in subparagraph (C), by inserting 
‘‘(as of the date of submission of the appli-
cation)’’ after ‘‘current practice’’; 
(C) in paragraph (3)— 
(i) by amending subparagraph (C) to 
read as follows: 
‘‘(C) The extent to which the applicant will 
promote meaningful involvement of parents or 
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guardians of homeless children or youths in the 
education of their children.’’; 
(ii) in subparagraph (D), by striking 
‘‘within’’ and inserting ‘‘into’’; 
(iii) in subparagraph (G)— 
(I) by striking ‘‘Such’’ and in-
serting ‘‘The extent to which the ap-
plicant’s program meets such’’; and 
(II) by striking ‘‘case manage-
ment or related’’; 
(iv) by redesignating subparagraph 
(G) as subparagraph (I) and inserting 
after subparagraph (F) the following: 
‘‘(G) The extent to which the local edu-
cational agency will use the subgrant to lever-
age 
resources, 
including 
by 
maximizing 
nonsubgrant funding for the position of the liai-
son described in section 722(g)(1)(J)(ii) and 
the provision of transportation. 
‘‘(H) How the local educational agency 
uses funds to serve homeless children and 
youths under section 1113(c)(3) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6313(c)(3)).’’; and 
(v) by adding at the end the following: 
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‘‘(J) An assurance that the applicant will 
meet the requirements of section 722(g)(3).’’; 
and 
(D) by striking paragraph (4). 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) by striking ‘‘challenging State aca-
demic content standards’’ and inserting 
‘‘State academic standards’’; and 
(ii) by striking ‘‘and challenging State 
student academic achievement standards’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘students with limited 
English 
proficiency,’’ 
and 
inserting 
‘‘English learners,’’ ; and 
(ii) by striking ‘‘vocational’’ and in-
serting ‘‘career’’; 
(C) in paragraph (3), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized instruc-
tional support’’; 
(D) in paragraph (7), by striking ‘‘, and 
unaccompanied youths,’’ and inserting ‘‘, par-
ticularly homeless children and youths who are 
not enrolled in school,’’; 
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(E) in paragraph (9) by striking ‘‘medical’’ 
and inserting ‘‘other required health’’; 
(F) in paragraph (10), by inserting before 
the period at the end ‘‘, and other activities de-
signed to increase the meaningful involvement 
of parents or guardians of homeless children or 
youths in the education of their children’’; 
(G) in paragraph (12), by striking ‘‘pupil’’ 
and inserting ‘‘specialized instructional sup-
port’’; and 
(H) in paragraph (13), by inserting before 
the period at the end ‘‘and parental mental 
health or substance abuse problems’’. 
SEC. 604. SECRETARIAL RESPONSIBILITIES. 
Section 724 of such Act (42 U.S.C. 11434) is amend-
ed— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
the next school year that begins after the date of the 
enactment of the Encouraging Innovation and Effec-
tive Teachers Act, update and disseminate nation-
wide the public notice described in this subsection 
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(as in effect prior to such date) of the educational 
rights of homeless children and youths. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate the notice nationally to all Federal agen-
cies, program grantees, and grant recipients serving 
homeless families, children, and youths.’’; 
(2) in subsection (d), by striking ‘‘and dissemi-
nation’’ and inserting ‘‘, dissemination, and technical 
assistance’’; 
(3) in subsection (e)— 
(A) by striking ‘‘this subtitle’’ and insert-
ing ‘‘section 722’’; 
(B) by striking ‘‘60-day’’ and inserting 
‘‘120-day’’; and 
(C) by striking ‘‘120-day’’ and inserting 
‘‘180-day’’; 
(4) in subsection (f), by adding at the end the 
following: ‘‘The Secretary shall provide support and 
technical assistance to State educational agencies in 
areas in which barriers to a free appropriate public 
education persist.’’; 
(5) by amending subsection (g) to read as fol-
lows: 
‘‘(g) GUIDELINES.—The Secretary shall develop, 
issue, and publish in the Federal Register, not later than 
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60 days after the date of the enactment of the Encour-
aging Innovation and Effective Teachers Act, strategies 
by which a State— 
‘‘(1) may assist local educational agencies to 
implement the provisions amended by the Act; and 
‘‘(2) can review and revise State policies and 
procedures that may present barriers to the identi-
fication, enrollment, attendance, and success of 
homeless children and youths in school.’’; 
(6) in subsection (h)(1), by inserting ‘‘in all 
areas served by local educational agencies’’ before 
the semicolon at the end; and 
(7) in subsection (i), by striking ‘‘McKinney- 
Vento Homeless Education Assistance Improvements 
Act of 2001’’ and inserting ‘‘Encouraging Innova-
tion and Effective Teachers Act’’. 
SEC. 605. DEFINITIONS. 
Section 725 of such Act (42 U.S.C. 11434a) is 
amended— 
(1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 
and inserting ‘‘1139’’ and 
(2) in paragraph (3), by striking ‘‘9101’’ and 
inserting ‘‘5101’’ 
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163 
SEC. 606. AUTHORIZATION OF APPROPRIATIONS. 
Section 726 of such Act (42 U.S.C. 11435) is amend-
ed to read as follows: 
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—For the purpose of carrying out 
this subtitle, there are authorized to be appropriated 
$65,173,000 for fiscal year 2013. 
‘‘(b) OUT YEARS.—The amount authorized under 
subsection (a) shall be increased for each of fiscal years 
2014 through 2018 by a percentage equal to the percent-
age of inflation according to the Consumer Price Index, 
for the calendar year ending prior to the beginning of that 
fiscal year.’’. 
Æ 
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