401 
‘‘(3) early childhood and family programs that 
emphasize school readiness; 
‘‘(4) enrichment programs that focus on problem 
solving and cognitive skills development and directly 
support the attainment of challenging State academic 
content and student academic achievement standards; 
‘‘(5) integrated educational services in combina-
tion with other programs including programs that en-
hance student achievement by promoting increased in-
volvement of parents and families in school activities; 
‘‘(6) career preparation activities to enable In-
dian students to participate in programs such as the 
programs supported by the Carl D. Perkins Career 
and Technical Education Improvement Act of 2006, 
including programs for tech-prep education, men-
toring, and apprenticeship; 
‘‘(7) activities to educate individuals so as to 
prevent violence, suicide, and substance abuse; 
‘‘(8) the acquisition of equipment, but only if the 
acquisition of the equipment is essential to achieve the 
purpose described in section 5111; 
‘‘(9) activities that promote the incorporation of 
culturally responsive teaching and learning strategies 
into the educational program of the local educational 
agency; 
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‘‘(10) activities that incorporate culturally and 
linguistically relevant curriculum content into class-
room instruction that is responsive to the unique 
learning styles of Indian and Alaska Native children 
and ensures that children are better able to meet State 
standards; 
‘‘(11) family literacy services; 
‘‘(12) activities that recognize and support the 
unique cultural and educational needs of Indian chil-
dren, and incorporate appropriately qualified tribal 
elders and seniors; 
‘‘(13) dropout prevention strategies for Indian 
and Alaska Native students; and 
‘‘(14) strategies to meet the educational needs of 
at-risk Indian students in correctional facilities, in-
cluding such strategies that support Indian and Alas-
ka Native students who are transitioning from such 
facilities to schools served by local educational agen-
cies. 
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any 
other provision of law, a local educational agency may use 
funds made available to such agency under this subpart to 
support a schoolwide program under section 1114 if— 
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‘‘(1) the committee established pursuant to sec-
tion 5114(c)(5) approves the use of the funds for the 
schoolwide program; 
‘‘(2) the schoolwide program is consistent with 
the purpose described in section 5111; and 
‘‘(3) the local educational agency identifies in its 
application how the use of such funds in a schoolwide 
program will produce benefits to the American Indian 
and Alaska Native students that would not be 
achieved if the funds were not used in a schoolwide 
program. 
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the funds provided to a grantee 
under this subpart for any fiscal year may be used for ad-
ministrative purposes. 
‘‘(e) LIMITATION ON THE USE OF FUNDS.—Funds pro-
vided to a grantee under this subpart may not be used for 
long-distance travel expenses for training activities avail-
able locally or regionally. 
‘‘SEC. 5116. INTEGRATION OF SERVICES AUTHORIZED. 
‘‘(a) PLAN.—An entity receiving funds under this sub-
part may submit a plan to the Secretary for the integration 
of education and related services provided to Indian stu-
dents. 
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‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan under subsection (a), the Sec-
retary, in cooperation with each Federal agency providing 
grants for the provision of education and related services 
to the entity, shall authorize the entity to consolidate, in 
accordance with such plan, the federally funded education 
and related services programs of the entity and the Federal 
programs, or portions of the programs, serving Indian stu-
dents in a manner that integrates the program services in-
volved into a single, coordinated, comprehensive program 
and reduces administrative costs by consolidating adminis-
trative functions. 
‘‘(c) PROGRAMS AFFECTED.—The funds that may be 
consolidated in a demonstration project under any such 
plan referred to in subsection (a) shall include funds for 
any Federal program exclusively serving Indian children, 
or the funds reserved under any Federal program to exclu-
sively serve Indian children, under which the entity is eligi-
ble for receipt of funds under a statutory or administrative 
formula for the purposes of providing education and related 
services that would be used to serve Indian students. 
‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept-
able pursuant to subsection (b), the plan shall— 
‘‘(1) identify the programs or funding sources to 
be consolidated; 
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‘‘(2) be consistent with the objectives of this sec-
tion concerning authorizing the services to be inte-
grated in a demonstration project; 
‘‘(3) describe a comprehensive strategy that iden-
tifies the full range of potential educational opportu-
nities and related services to be provided to assist In-
dian students to achieve the objectives set forth in this 
subpart; 
‘‘(4) describe the way in which services are to be 
integrated and delivered and the results expected from 
the plan; 
‘‘(5) identify the projected expenditures under 
the plan in a single budget; 
‘‘(6) identify the State, tribal, or local agency or 
agencies to be involved in the delivery of the services 
integrated under the plan; 
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the entity believes 
need to be waived in order to implement the plan; 
‘‘(8) set forth measures for academic content and 
student academic achievement goals designed to be 
met within a specific period of time; and 
‘‘(9) be approved by a committee formed in ac-
cordance with section 5114(c)(5), if such a committee 
exists. 
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‘‘(e) PLAN REVIEW.—Upon receipt of the plan from 
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be 
used to implement the plan, and with the entity submitting 
the plan. The parties so consulting shall identify any waiv-
ers of statutory requirements or of Federal departmental 
regulations, policies, or procedures necessary to enable the 
entity to implement the plan. Notwithstanding any other 
provision of law, the Secretary of the affected department 
shall have the authority to waive any regulation, policy, 
or procedure promulgated by that department that has been 
so identified by the entity or department, unless the Sec-
retary of the affected department determines that such a 
waiver is inconsistent with the objectives of this subpart or 
those provisions of the statute from which the program in-
volved derives authority that are specifically applicable to 
Indian students. 
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an entity’s plan by the Secretary, the Secretary 
shall inform the entity, in writing, of the Secretary’s ap-
proval or disapproval of the plan. If the plan is dis-
approved, the entity shall be informed, in writing, of the 
reasons for the disapproval and shall be given an oppor-
tunity to amend the plan or to petition the Secretary to 
reconsider such disapproval. 
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‘‘(g) RESPONSIBILITIES
OF DEPARTMENT
OF EDU-
CATION.—Not later than 180 days after the date of the en-
actment of the Student Success Act, the Secretary of Edu-
cation, the Secretary of the Interior, the Secretary of the 
Department of Health and Human Services, and the head 
of any other Federal department or agency identified by 
the Secretary of Education, shall enter into an interdepart-
mental memorandum of agreement providing for the imple-
mentation and coordination of the demonstration projects 
authorized under this section. The lead agency head for a 
demonstration project under this section shall be— 
‘‘(1) the Secretary of the Interior, in the case of 
an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include— 
‘‘(1) the use of a single report format related to 
the plan for the individual project, which shall be 
used by an eligible entity to report on the activities 
undertaken under the project; 
‘‘(2) the use of a single report format related to 
the projected expenditures for the individual project 
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which shall be used by an eligible entity to report on 
all project expenditures; 
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and 
‘‘(4) the provision of technical assistance to an 
eligible entity appropriate to the project, except that 
an eligible entity shall have the authority to accept or 
reject the plan for providing such technical assistance 
and the technical assistance provider. 
‘‘(i) REPORT REQUIREMENTS.—A single report format 
shall be developed by the Secretary, consistent with the re-
quirements of this section. Such report format shall require 
that reports described in subsection (h), together with 
records maintained on the consolidated program at the local 
level, shall contain such information as will allow a deter-
mination that the eligible entity has complied with the re-
quirements incorporated in its approved plan, including 
making a demonstration of student academic achievement, 
and will provide assurances to each Secretary that the eligi-
ble entity has complied with all directly applicable statu-
tory requirements and with those directly applicable regu-
latory requirements that have not been waived. 
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall 
the amount of Federal funds available to an eligible entity 
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involved in any demonstration project be reduced as a re-
sult of the enactment of this section. 
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.— 
The Secretary is authorized to take such action as may be 
necessary to provide for an interagency transfer of funds 
otherwise available to an eligible entity in order to further 
the objectives of this section. 
‘‘(l) ADMINISTRATION OF FUNDS.— 
‘‘(1) IN GENERAL.—Program funds for the con-
solidated programs shall be administered in such a 
manner as to allow for a determination that funds 
from a specific program are spent on allowable activi-
ties authorized under such program, except that the 
eligible entity shall determine the proportion of the 
funds granted that shall be allocated to such program. 
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.— 
Nothing in this section shall be construed as requiring 
the eligible entity to maintain separate records trac-
ing any services or activities conducted under the ap-
proved plan to the individual programs under which 
funds were authorized for the services or activities, 
nor shall the eligible entity be required to allocate ex-
penditures among such individual programs. 
‘‘(m) OVERAGE.—The eligible entity may commingle 
all administrative funds from the consolidated programs 
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and shall be entitled to the full amount of such funds (under 
each program’s or agency’s regulations). The overage (de-
fined as the difference between the amount of the commin-
gled funds and the actual administrative cost of the pro-
grams) shall be considered to be properly spent for Federal 
audit purposes, if the overage is used for the purposes pro-
vided for under this section. 
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part 
shall be construed so as to interfere with the ability of the 
Secretary or the lead agency to fulfill the responsibilities 
for the safeguarding of Federal funds pursuant to chapter 
75 of title 31, United States Code. 
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM 
INTEGRATION.— 
‘‘(1) PRELIMINARY REPORT.—Not later than 2 
years after the date of the enactment of the Student 
Success Act, the Secretary of Education shall submit 
a preliminary report to the Committee on Education 
and the Workforce and the Committee on Natural Re-
sources of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions 
and the Committee on Indian Affairs of the Senate on 
the status of the implementation of the demonstration 
projects authorized under this section. 
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411 
‘‘(2) FINAL
REPORT.—Not later than 5 years 
after the date of the enactment of the Student Success 
Act, the Secretary of Education shall submit a report 
to the Committee on Education and the Workforce 
and the Committee on Natural Resources of the House 
of Representatives and the Committee on Health, 
Education, Labor, and Pensions and the Committee 
on Indian Affairs of the Senate on the results of the 
implementation of the demonstration projects author-
ized under this section. Such report shall identify 
statutory barriers to the ability of participants to in-
tegrate more effectively their education and related 
services to Indian students in a manner consistent 
with the objectives of this section. 
‘‘(p) DEFINITIONS.—For the purposes of this section, 
the term ‘Secretary’ means— 
‘‘(1) the Secretary of the Interior, in the case of 
an entity meeting the definition of a contract or 
grant school under title XI of the Education Amend-
ments of 1978; or 
‘‘(2) the Secretary of Education, in the case of 
any other entity. 
‘‘SEC. 5117. STUDENT ELIGIBILITY FORMS. 
‘‘(a) IN GENERAL.—The Secretary shall require that, 
as part of an application for a grant under this subpart, 
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each applicant shall maintain a file, with respect to each 
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that sets 
forth information establishing the status of the child as an 
Indian child eligible for assistance under this subpart, and 
that otherwise meets the requirements of subsection (b). 
‘‘(b) FORMS.—The form described in subsection (a) 
shall include— 
‘‘(1) either— 
‘‘(A)(i) the name of the tribe or band of In-
dians (as defined in section 5151) with respect 
to which the child claims membership; 
‘‘(ii) the enrollment or membership number 
establishing the membership of the child (if read-
ily available); and 
‘‘(iii) the name and address of the organiza-
tion that maintains updated and accurate mem-
bership data for such tribe or band of Indians; 
or 
‘‘(B) the name, the enrollment or member-
ship number (if readily available), and the name 
and address of the organization responsible for 
maintaining updated and accurate membership 
data, of any parent or grandparent of the child 
from whom the child claims eligibility under this 
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subpart, if the child is not a member of the tribe 
or band of Indians (as so defined); 
‘‘(2) a statement of whether the tribe or band of 
Indians (as so defined), with respect to which the 
child, or parent or grandparent of the child, claims 
membership, is federally recognized; 
‘‘(3) the name and address of the parent or legal 
guardian of the child; 
‘‘(4) a signature of the parent or legal guardian 
of the child that verifies the accuracy of the informa-
tion supplied; 
‘‘(5) any other information that the Secretary 
considers necessary to provide an accurate program 
profile; and 
‘‘(6) all individual data collected will be pro-
tected by the local educational agencies and only ag-
gregated data will be reported to the Secretary. 
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect a definition contained in 
section 5151. 
‘‘(d) DOCUMENTATION AND TYPES OF PROOF.— 
‘‘(1) TYPES OF PROOF.—For purposes of deter-
mining whether a child is eligible to be counted for 
the purpose of computing the amount of a grant 
award under section 5113, the membership of the 
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child, or any parent or grandparent of the child, in 
a tribe or band of Indians (as so defined) may be es-
tablished by proof other than an enrollment number, 
notwithstanding the availability of an enrollment 
number for a member of such tribe or band. Nothing 
in subsection (b) shall be construed to require the fur-
nishing of an enrollment number. 
‘‘(2) NO
NEW
OR
DUPLICATIVE
DETERMINA-
TIONS.—Once a child is determined to be an Indian 
eligible to be counted for such grant award, the local 
education agency shall maintain a record of such de-
termination and shall not require a new or duplicate 
determination to be made for such child for a subse-
quent application for a grant under this subpart. 
‘‘(3) PREVIOUSLY
FILED
FORMS.—An Indian 
student eligibility form that was on file as required 
by this section on the day before the date of the enact-
ment of the Student Success Act and that met the re-
quirements of this section, as this section was in effect 
on the day before the date of the enactment of such 
Act, shall remain valid for such Indian student. 
‘‘(e) MONITORING AND EVALUATION REVIEW.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—For each fiscal year, in 
order to provide such information as is necessary 
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to carry out the responsibility of the Secretary to 
provide technical assistance under this subpart, 
the Secretary shall conduct a monitoring and 
evaluation review of a sampling of the recipients 
of grants under this subpart. The sampling con-
ducted under this subparagraph shall take into 
account the size of and the geographic location of 
each local educational agency. 
‘‘(B) 
EXCEPTION.—A 
local 
educational 
agency may not be held liable to the United 
States or be subject to any penalty, by reason of 
the findings of an audit that relates to the date 
of completion, or the date of submission, of any 
forms used to establish, before April 28, 1988, the 
eligibility of a child for an entitlement under the 
Indian Elementary and Secondary School As-
sistance Act. 
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an 
application for a grant under this subpart shall— 
‘‘(A) be ineligible to apply for any other 
grant under this subpart; and 
‘‘(B) be liable to the United States for any 
funds from the grant that have not been ex-
pended. 
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‘‘(3) EXCLUDED CHILDREN.—A student who pro-
vides false information for the form required under 
subsection (a) shall not be counted for the purpose of 
computing the amount of a grant under section 5113. 
‘‘(f) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not-
withstanding any other provision of this section, in calcu-
lating the amount of a grant under this subpart to a tribal 
school that receives a grant or contract from the Bureau 
of Indian Education, the Secretary shall use only one of 
the following, as selected by the school: 
‘‘(1) A count of the number of students in the 
schools certified by the Bureau. 
‘‘(2) A count of the number of students for whom 
the school has eligibility forms that comply with this 
section. 
‘‘(g) TIMING OF CHILD COUNTS.—For purposes of de-
termining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant 
under this subpart (other than in the case described in sub-
section (f)(1)), the local educational agency shall— 
‘‘(1) establish a date on, or a period not longer 
than 31 consecutive days during, which the agency 
counts those children, if that date or period occurs be-
fore the deadline established by the Secretary for sub-
mitting an application under section 5114; and 
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‘‘(2) determine that each such child was enrolled, 
and receiving a free public education, in a school of 
the agency on that date or during that period, as the 
case may be. 
‘‘SEC. 5118. PAYMENTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), the Sec-
retary shall pay to each local educational agency that sub-
mits an application that is approved by the Secretary 
under this subpart the amount determined under section 
5113. The Secretary shall notify the local educational agen-
cy of the amount of the payment not later than June 1 
of the year for which the Secretary makes the payment. 
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE 
STATE.—The Secretary may not make a grant under this 
subpart to a local educational agency for a fiscal year if, 
for such fiscal year, the State in which the local educational 
agency is located takes into consideration payments made 
under this chapter in determining the eligibility of the local 
educational agency for State aid, or the amount of the State 
aid, with respect to the free public education of children 
during such fiscal year or the preceding fiscal year. 
‘‘(c) REALLOCATIONS.—The Secretary may reallocate, 
in a manner that the Secretary determines will best carry 
out the purpose of this subpart, any amounts that— 
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‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary 
determines will not be needed by such agencies to 
carry out approved programs under this subpart; or 
‘‘(2) otherwise become available for reallocation 
under this subpart. 
‘‘SEC. 5119. STATE EDUCATIONAL AGENCY REVIEW. 
‘‘Before submitting an application to the Secretary 
under section 5114, a local educational agency shall submit 
the application to the State educational agency, which may 
comment on such application. If the State educational 
agency comments on the application, the agency shall com-
ment on all applications submitted by local educational 
agencies in the State and shall provide those comments to 
the respective local educational agencies, with an oppor-
tunity to respond. 
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian Chil-
dren and Youth 
‘‘SEC. 5121. SPECIAL PROGRAMS AND PROJECTS TO IM-
PROVE EDUCATIONAL OPPORTUNITIES FOR 
INDIAN CHILDREN AND YOUTH. 
‘‘(a) PURPOSE.— 
‘‘(1) IN GENERAL.—It is the purpose of this sec-
tion to support projects to develop, test, and dem-
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onstrate the effectiveness of services and programs to 
improve educational opportunities and achievement of 
Indian children and youth. 
‘‘(2) COORDINATION.—The Secretary shall take 
the necessary actions to achieve the coordination of 
activities assisted under this subpart with— 
‘‘(A) other programs funded under this Act; 
and 
‘‘(B) other Federal programs operated for 
the benefit of American Indian and Alaska Na-
tive children and youth. 
‘‘(b) ELIGIBLE ENTITIES.—In this section, the term 
‘eligible entity’ means a State educational agency, local 
educational agency, Indian tribe, Indian organization, fed-
erally supported elementary school or secondary school for 
Indian students, Indian institution (including an Indian 
institution of higher education), Alaska Native Organiza-
tion, or a consortium of such entities. 
‘‘(c) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary shall award 
grants to eligible entities to enable such entities to 
carry out activities that meet the purpose of this sec-
tion, including— 
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‘‘(A) innovative programs related to the 
educational needs of educationally disadvantaged 
children and youth; 
‘‘(B) educational services that are not avail-
able to such children and youth in sufficient 
quantity or quality, including remedial instruc-
tion, to raise the achievement of Indian and 
Alaska Native children in one or more of the sub-
jects of English, mathematics, science, foreign 
languages, art, history, and geography; 
‘‘(C) bilingual and bicultural programs and 
projects; 
‘‘(D) special health and nutrition services, 
and other related activities, that address the spe-
cial health, social, emotional, and psychological 
problems of Indian children; 
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or 
reenter school, and to increase the rate of high 
school graduation for Indian children; 
‘‘(F) comprehensive guidance, counseling, 
and testing services; 
‘‘(G) high quality early childhood education 
programs that are effective in preparing young 
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children to make sufficient academic growth by 
the end of grade 3, including kindergarten and 
pre-kindergarten programs, family-based pre-
school programs that emphasize school readiness, 
screening and referral, and the provision of serv-
ices to Indian children and youth with disabil-
ities; 
‘‘(H) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow secondary school students to 
enroll in courses at the postsecondary level to aid 
such students in the transition from secondary to 
postsecondary education; 
‘‘(I) partnership projects between schools 
and local businesses for career preparation pro-
grams designed to provide Indian youth with the 
knowledge and skills such youth need to make an 
effective transition from school to a high-skill, 
high-wage career; 
‘‘(J) programs designed to encourage and 
assist Indian students to work toward, and gain 
entrance into, an institution of higher education; 
‘‘(K) family literacy services; 
‘‘(L) activities that recognize and support 
the unique cultural and educational needs of In-
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dian children, and incorporate appropriately 
qualified tribal elders and seniors; 
‘‘(M) high quality professional development 
of teaching professionals and paraprofessionals; 
or 
‘‘(N) other services that meet the purpose 
described in this section. 
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.— 
‘‘(1) GRANT REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Secretary may 
make multiyear grants under subsection (c) for 
the planning, development, pilot operation, or 
demonstration of any activity described in sub-
section (c) for a period not to exceed 5 years. 
‘‘(B) 
PRIORITY.—In 
making 
multiyear 
grants described in this paragraph, the Secretary 
shall give priority to entities submitting applica-
tions that present a plan for combining two or 
more of the activities described in subsection (c) 
over a period of more than 1 year. 
‘‘(C) PROGRESS.—The Secretary shall make 
a grant payment for a grant described in this 
paragraph to an eligible entity after the initial 
year of the multiyear grant only if the Secretary 
determines that the eligible entity has made sub-
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stantial progress in carrying out the activities 
assisted under the grant in accordance with the 
application submitted under paragraph (3) and 
any subsequent modifications to such applica-
tion. 
‘‘(2) DISSEMINATION GRANTS.— 
‘‘(A) IN GENERAL.—In addition to award-
ing the multiyear grants described in paragraph 
(1), the Secretary may award grants under sub-
section (c) to eligible entities for the dissemina-
tion of exemplary materials or programs assisted 
under this section. 
‘‘(B) DETERMINATION.—The Secretary may 
award a dissemination grant described in this 
paragraph if, prior to awarding the grant, the 
Secretary determines that the material or pro-
gram to be disseminated— 
‘‘(i) has been adequately reviewed; 
‘‘(ii) has demonstrated educational 
merit; and 
‘‘(iii) can be replicated. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—Any eligible entity that 
desires to receive a grant under this section shall 
submit an application to the Secretary at such 
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time and in such manner as the Secretary may 
reasonably require. 
‘‘(B) CONTENTS.—Each application sub-
mitted to the Secretary under subparagraph (A), 
other than an application for a dissemination 
grant under paragraph (2), shall contain— 
‘‘(i) a description of how parents of In-
dian children and representatives of Indian 
tribes have been, and will be, involved in 
developing and implementing the activities 
for which assistance is sought; 
‘‘(ii) assurances that the applicant will 
participate, at the request of the Secretary, 
in any national evaluation of activities as-
sisted under this section; 
‘‘(iii) information demonstrating that 
the proposed program for the activities is a 
scientifically based research program, where 
applicable, which may include a program 
that has been modified to be culturally ap-
propriate for students who will be served; 
‘‘(iv) a description of how the appli-
cant will incorporate the proposed activities 
into the ongoing school program involved 
once the grant period is over; and 
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‘‘(v) such other assurances and infor-
mation as the Secretary may reasonably re-
quire. 
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart 
for any fiscal year may be used for administrative pur-
poses. 
‘‘SEC. 5122. PROFESSIONAL DEVELOPMENT FOR TEACHERS 
AND EDUCATION PROFESSIONALS. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase the number of qualified Indian 
and Alaska Native teachers and administrators serv-
ing Indian and Alaska Native students; 
‘‘(2) to provide training to qualified Indian and 
Alaska Native individuals to become educators and 
education support service professionals; and 
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in 
paragraph (2). 
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means— 
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education; 
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‘‘(2) a State educational agency or local edu-
cational agency, in consortium with an institution of 
higher education; 
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education; and 
‘‘(4) a Bureau-funded school (as defined in sec-
tion 1146 of the Education Amendments of 1978). 
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
tions approved under this section to enable those entities 
to carry out the activities described in subsection (d). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used for activities to provide support 
and training for Indian individuals in a manner 
consistent with the purposes of this section. Such ac-
tivities may include continuing programs, symposia, 
workshops, conferences, and direct financial support, 
and may include programs designed to train tribal 
elders and seniors. 
‘‘(2) SPECIAL RULES.— 
‘‘(A) TYPE
OF
TRAINING.—For education 
personnel, the training received pursuant to a 
grant under this section may be inservice or 
preservice training. 
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‘‘(B) PROGRAM.—For individuals who are 
being trained to enter any field other than teach-
ing, the training received pursuant to a grant 
under this section shall be in a program that re-
sults in a graduate degree. 
‘‘(e) APPLICATION.—Each eligible entity desiring a 
grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied 
by such information, as the Secretary may reasonably re-
quire. 
‘‘(f) SPECIAL RULE.—In awarding grants under this 
section, the Secretary— 
‘‘(1) shall consider the prior performance of the 
eligible entity; and 
‘‘(2) may not limit eligibility to receive a grant 
under this section on the basis of— 
‘‘(A) the number of previous grants the Sec-
retary has awarded such entity; or 
‘‘(B) the length of any period during which 
such entity received such grants. 
‘‘(g) GRANT PERIOD.—Each grant under this section 
shall be awarded for a period of not more than 5 years. 
‘‘(h) SERVICE OBLIGATION.— 
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‘‘(1) IN GENERAL.—The Secretary shall require, 
by regulation, that an individual who receives train-
ing pursuant to a grant made under this section— 
‘‘(A) perform work— 
‘‘(i) related to the training received 
under this section; and 
‘‘(ii) that benefits Indian people; or 
‘‘(B) repay all or a prorated part of the as-
sistance received. 
‘‘(2) REPORTING.—The Secretary shall establish, 
by regulation, a reporting procedure under which a 
grant recipient under this section shall, not later than 
12 months after the date of completion of the train-
ing, and periodically thereafter, provide information 
concerning compliance with the work requirement 
under paragraph (1). 
‘‘SEC. 5123. TRIBAL EDUCATION AGENCIES COOPERATIVE 
AGREEMENTS. 
‘‘(a) PURPOSE.—Tribes may enter into written cooper-
ative agreements with the State educational agency and the 
local educational agencies operating a school or schools 
within Indian lands. For purposes of this section, the term 
‘Indian land’ has the meaning given that term in section 
8013. 
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‘‘(b) COOPERATIVE AGREEMENT.—If requested by the 
Indian tribe, the State educational agency or the local edu-
cational agency may enter into a cooperative agreement 
with the Indian tribe. Such cooperative agreement— 
‘‘(1) may authorize the tribe or such tribe’s re-
spective tribal education agency to plan, conduct, con-
solidate, and administer programs, services, func-
tions, and activities, or portions thereof, administered 
by the State educational agency or the local edu-
cational agency; 
‘‘(2) may authorize the tribe or such tribe’s re-
spective tribal education agency to reallocate funds 
for such programs, services, functions, and activities, 
or portions thereof as necessary; and 
‘‘(3) shall— 
‘‘(A) only confer the tribe or such tribe’s re-
spective tribal education agency with responsibil-
ities to conduct activities described in paragraph 
(1) such that the burden assumed by the tribe or 
the tribal education agency for conducting such 
is commensurate with the benefit that doing so 
conveys to all parties of the agreement; and 
‘‘(B) be based solely on terms of the written 
agreement decided upon by the Indian tribe and 
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the State educational agency or local education 
agency. 
‘‘(c) DISAGREEMENT.—Agreements shall only be valid 
if the Indian tribe and State educational agency or local 
educational agency agree fully in writing to all of the terms 
of the written cooperative agreement. 
‘‘(d) COMPLIANCE WITH APPLICABLE LAW.—Nothing 
in this section shall be construed to relieve any party to 
a cooperative agreement from complying with all applicable 
Federal, State, local laws. State and local educational agen-
cies are still the ultimate responsible, liable parties for com-
plying with all laws and funding requirements for any 
functions that are conveyed to tribes and tribal education 
agencies through the cooperative agreements. 
‘‘(e) DEFINITION.—For the purposes of this subpart, 
the term ‘Indian Tribe’ means any tribe or band that is 
officially recognized by the Secretary of the Interior. 
‘‘Subpart 3—National Activities 
‘‘SEC. 5131. NATIONAL RESEARCH ACTIVITIES. 
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may 
use funds made available to carry out this subpart for each 
fiscal year to— 
‘‘(1) conduct research related to effective ap-
proaches for improving the academic achievement and 
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development of Indian and Alaska Native children 
and adults; 
‘‘(2) collect and analyze data on the educational 
status and needs of Indian and Alaska Native stu-
dents; and 
‘‘(3) carry out other activities that are consistent 
with the purpose of this part. 
‘‘(b) ELIGIBILITY.—The Secretary may carry out any 
of the activities described in subsection (a) directly or 
through grants to, or contracts or cooperative agreements 
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions of 
higher education, including Indian institutions of higher 
education, and other public and private agencies and insti-
tutions. 
‘‘(c) COORDINATION.—Research activities supported 
under this section— 
‘‘(1) shall be coordinated with appropriate offices 
within the Department; and 
‘‘(2) may include collaborative research activities 
that are jointly funded and carried out by the Office 
of Indian Education Programs, the Office of Edu-
cational Research and Improvement, the Bureau of 
Indian Education, and the Institute of Education 
Sciences. 
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‘‘SEC. 5132. IMPROVEMENT OF ACADEMIC SUCCESS FOR 
STUDENTS 
THROUGH 
NATIVE 
AMERICAN 
LANGUAGE. 
‘‘(a) PURPOSE.—It is the purpose of this section to im-
prove educational opportunities and academic achievement 
of Indian and Alaska Native students through Native Amer-
ican language programs and to foster the acquisition of Na-
tive American language. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this sec-
tion, the term ‘eligible entity’ means a State educational 
agency, local educational agency, Indian tribe, Indian or-
ganization, federally supported elementary school or sec-
ondary school for Indian students, Indian institution (in-
cluding an Indian institution of higher education), or a 
consortium of such entities. 
‘‘(c) GRANTS
AUTHORIZED.—The Secretary shall 
award grants to eligible entities to enable such entities to 
carry out the following activities: 
‘‘(1) Native American language programs that— 
‘‘(A) provide instruction through the use of 
a Native American language for not less than 10 
children for an average of not less than 500 
hours per year per student; 
‘‘(B) provide for the involvement of parents, 
caregivers, and families of students enrolled in 
the program; 
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‘‘(C) utilize, and may include the develop-
ment of, instructional courses and materials for 
learning Native American languages and for in-
struction through the use of Native American 
languages; 
‘‘(D) provide support for professional devel-
opment activities; and 
‘‘(E) include a goal of all students achiev-
ing— 
‘‘(i) fluency in a Native American lan-
guage; and 
‘‘(ii) academic proficiency in mathe-
matics, English, reading or language arts, 
and science. 
‘‘(2) Native American language restoration pro-
grams that— 
‘‘(A) provide instruction in not less than 1 
Native American language; 
‘‘(B) provide support for professional devel-
opment activities for teachers of Native Amer-
ican languages; 
‘‘(C) develop instructional materials for the 
programs; and 
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‘‘(D) include the goal of increasing pro-
ficiency and fluency in not less than 1 Native 
American language. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—An eligible entity that de-
sires to receive a grant under this section shall submit 
an application to the Secretary at such time, in such 
manner, and accompanied by such information as the 
Secretary may require. 
‘‘(2) CERTIFICATION.—An eligible entity that 
submits an application for a grant to carry out the 
activity specified in subsection (c)(1), shall include in 
such application a certification that assures that such 
entity has experience and a demonstrated record of ef-
fectiveness in operating and administering a Native 
American language program or any other educational 
program in which instruction is conducted in a Na-
tive American language. 
‘‘(e) GRANT DURATION.—The Secretary shall make 
grants under this section only on a multi-year basis. Each 
such grant shall be for a period not to exceed 5 years. 
‘‘(f) DEFINITION.—In this section, the term ‘average’ 
means the aggregate number of hours of instruction through 
the use of a Native American language to all students en-
rolled in a Native American language program during a 
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school year divided by the total number of students enrolled 
in the program. 
‘‘(g) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of the funds pro-
vided to a grantee under this section for any fiscal 
year may be used for administrative purposes. 
‘‘(2) EXCEPTION.—An elementary school or sec-
ondary school for Indian students that receives funds 
from a recipient of a grant under subsection (c) for 
any fiscal year may use not more than 10 percent of 
the funds for administrative purposes. 
‘‘SEC. 5133. GRANTS TO TRIBES FOR EDUCATION ADMINIS-
TRATIVE PLANNING AND DEVELOPMENT. 
‘‘(a) IN GENERAL.—The Secretary may make grants 
to Indian tribes, and tribal organizations approved by In-
dian tribes, to plan and develop a centralized tribal admin-
istrative entity to— 
‘‘(1) coordinate all education programs operated 
by the tribe or within the territorial jurisdiction of 
the tribe; 
‘‘(2) develop education codes for schools within 
the territorial jurisdiction of the tribe; 
‘‘(3) provide support services and technical as-
sistance to schools serving children of the tribe; and 
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‘‘(4) perform child-find screening services for the 
preschool-aged children of the tribe to— 
‘‘(A) ensure placement in appropriate edu-
cational facilities; and 
‘‘(B) coordinate the provision of any needed 
special services for conditions such as disabilities 
and English language skill deficiencies. 
‘‘(b) PERIOD OF GRANT.—Each grant awarded under 
this section may be awarded for a period of not more than 
3 years. Such grant may be renewed upon the termination 
of the initial period of the grant if the grant recipient dem-
onstrates to the satisfaction of the Secretary that renewing 
the grant for an additional 3-year period is necessary to 
carry out the objectives of the grant described in subsection 
(c)(2)(A). 
‘‘(c) APPLICATION FOR GRANT.— 
‘‘(1) IN GENERAL.—Each Indian tribe and tribal 
organization desiring a grant under this section shall 
submit an application to the Secretary at such time, 
in such manner, containing such information, and 
consistent with such criteria, as the Secretary may 
prescribe in regulations. 
‘‘(2) CONTENTS.—Each application described in 
paragraph (1) shall contain— 
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‘‘(A) a statement describing the activities to 
be conducted, and the objectives to be achieved, 
under the grant; and 
‘‘(B) a description of the method to be used 
for evaluating the effectiveness of the activities 
for which assistance is sought and for deter-
mining whether such objectives are achieved. 
‘‘(3) APPROVAL.—The Secretary may approve an 
application submitted by a tribe or tribal organiza-
tion pursuant to this section only if the Secretary is 
satisfied that such application, including any docu-
mentation submitted with the application— 
‘‘(A) demonstrates that the applicant has 
consulted with other education entities, if any, 
within the territorial jurisdiction of the appli-
cant who will be affected by the activities to be 
conducted under the grant; 
‘‘(B) provides for consultation with such 
other education entities in the operation and 
evaluation of the activities conducted under the 
grant; and 
‘‘(C) demonstrates that there will be ade-
quate resources provided under this section or 
from other sources to complete the activities for 
which assistance is sought, except that the avail-
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ability of such other resources shall not be a 
basis for disapproval of such application. 
‘‘(d) RESTRICTION.—A tribe may not receive funds 
under this section if such tribe receives funds under section 
1144 of the Education Amendments of 1978. 
‘‘Subpart 4—Federal Administration 
‘‘SEC. 5141. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION. 
‘‘(a) MEMBERSHIP.—There is established a National 
Advisory Council on Indian Education (hereafter in this 
section referred to as the ‘Council’), which shall— 
‘‘(1) consist of 15 Indian members, who shall be 
appointed by the President from lists of nominees fur-
nished, from time to time, by Indian tribes and orga-
nizations; and 
‘‘(2) represent different geographic areas of the 
United States. 
‘‘(b) DUTIES.—The Council shall— 
‘‘(1) advise the Secretary concerning the funding 
and administration (including the development of 
regulations and administrative policies and practices) 
of any program, including any program established 
under this part— 
‘‘(A) with respect to which the Secretary has 
jurisdiction; and 
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‘‘(B)(i) that includes Indian children or 
adults as participants; or 
‘‘(ii) that may benefit Indian children or 
adults; 
‘‘(2) make recommendations to the Secretary for 
filling the position of Director of Indian Education 
whenever a vacancy occurs; and 
‘‘(3) submit to Congress, not later than June 30 
of each year, a report on the activities of the Council, 
including— 
‘‘(A) any recommendations that the Council 
considers appropriate for the improvement of 
Federal education programs that include Indian 
children or adults as participants, or that may 
benefit Indian children or adults; and 
‘‘(B) recommendations concerning the fund-
ing of any program described in subparagraph 
(A). 
‘‘SEC. 5142. PEER REVIEW. 
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under subpart 
2 or subpart 3. 
‘‘SEC. 5143. PREFERENCE FOR INDIAN APPLICANTS. 
‘‘In making grants and entering into contracts or co-
operative agreements under subpart 2 or subpart 3, the Sec-
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retary shall give a preference to Indian tribes, organiza-
tions, and institutions of higher education under any pro-
gram with respect to which Indian tribes, organizations, 
and institutions are eligible to apply for grants, contracts, 
or cooperative agreements. 
‘‘SEC. 5144. MINIMUM GRANT CRITERIA. 
‘‘The Secretary may not approve an application for 
a grant, contract, or cooperative agreement under subpart 
2 or subpart 3 unless the application is for a grant, con-
tract, or cooperative agreement that is— 
‘‘(1) of sufficient size, scope, and quality to 
achieve the purpose or objectives of such grant, con-
tract, or cooperative agreement; and 
‘‘(2) based on relevant research findings. 
‘‘Subpart 5—Definitions; Authorizations of 
Appropriations 
‘‘SEC. 5151. DEFINITIONS. 
‘‘For the purposes of this part: 
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who— 
‘‘(A) has attained the age of 16 years; or 
‘‘(B) has attained an age that is greater 
than the age of compulsory school attendance 
under an applicable State law. 
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‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free 
public education’ means education that is— 
‘‘(A) provided at public expense, under pub-
lic supervision and direction, and without tui-
tion charge; and 
‘‘(B) provided as elementary or secondary 
education in the applicable State or to preschool 
children. 
‘‘(3) INDIAN.—The term ‘Indian’ means an indi-
vidual who is— 
‘‘(A) a member of an Indian tribe or band, 
as membership is defined by the tribe or band, 
including— 
‘‘(i) any tribe or band terminated since 
1940; and 
‘‘(ii) any tribe or band recognized by 
the State in which the tribe or band resides; 
‘‘(B) a descendant, in the first or second de-
gree, of an individual described in subparagraph 
(A); 
‘‘(C) considered by the Secretary of the Inte-
rior to be an Indian for any purpose; 
‘‘(D) an Alaska Native, as defined in sec-
tion 5206(1); or 
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‘‘(E) a member of an organized Indian 
group that received a grant under the Indian 
Education Act of 1988 as in effect the day pre-
ceding the date of the enactment of the Improv-
ing America’s Schools Act of 1994. 
‘‘(4) ALASKA NATIVE ORGANIZATION.—The term 
‘Alaska Native Organization’ has the same meaning 
as defined in section 5206(2). 
‘‘SEC. 5152. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) SUBPART 1.—For the purpose of carrying out 
subpart 1, there are authorized to be appropriated 
$105,921,000 for each of fiscal years 2016 through 2021. 
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying 
out subparts 2 and 3, there are authorized to be appro-
priated $24,858,000 for each of fiscal years 2016 through 
2021. 
‘‘PART B—ALASKA NATIVE EDUCATION 
‘‘SEC. 5201. SHORT TITLE. 
‘‘This part may be cited as the ‘Alaska Native Edu-
cational Equity, Support, and Assistance Act’. 
‘‘SEC. 5202. FINDINGS. 
‘‘Congress finds and declares the following: 
‘‘(1) It is the policy of the Federal Government 
to maximize the leadership of and participation by 
Alaska Natives in the planning and the management 
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of Alaska Native education programs and to support 
efforts developed by and undertaken within the Alaska 
Native community to improve educational oppor-
tunity for all students. 
‘‘(2) Many Alaska Native children enter and exit 
school with serious educational disadvantages. 
‘‘(3) Overcoming the magnitude of the geographic 
challenges, historical inequities, and other barriers to 
successfully improving educational outcomes for Alas-
ka Native students in rural, village, and urban set-
tings is challenging. Significant disparities between 
academic achievement of Alaska Native students and 
non-Native students continues, including lower grad-
uation rates, increased school dropout rates, and 
lower achievement scores on standardized tests. 
‘‘(4) The preservation of Alaska Native cultures 
and languages and the integration of Alaska Native 
cultures and languages into education, positive iden-
tity development for Alaska Native students, and 
local, place-based, and culture-based programming 
are critical to the attainment of educational success 
and the long-term well-being of Alaska Native stu-
dents. 
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‘‘(5) Improving educational outcomes for Alaska 
Native students increases access to employment oppor-
tunities. 
‘‘(6) The programs and activities authorized 
under this part give priority to Alaska Native organi-
zations as a means of increasing Alaska Native par-
ents’ and community involvement in the promotion of 
academic success of Alaska Native students. 
‘‘(7) The Federal Government should lend sup-
port to efforts developed by and undertaken within the 
Alaska Native community to improve educational op-
portunity for Alaska Native students. In 1983, pursu-
ant to Public Law 98–63, Alaska ceased to receive 
educational funding from the Bureau of Indian Af-
fairs. The Bureau of Indian Education does not oper-
ate any schools in Alaska, nor operate or fund Alaska 
Native education programs. The program under this 
part supports the Federal trust responsibility of the 
United States to Alaska Natives. 
‘‘SEC. 5203. PURPOSES. 
‘‘The purposes of this part are as follows: 
‘‘(1) To recognize and address the unique edu-
cational needs of Alaska Natives. 
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‘‘(2) To recognize the role of Alaska Native lan-
guages and cultures in the educational success and 
long-term well-being of Alaska Native students. 
‘‘(3) To integrate Alaska Native cultures and 
languages into education, develop Alaska Native stu-
dents’ positive identity, and support local place-based 
and culture-based curriculum and programming. 
‘‘(4) To authorize the development, management, 
and expansion of effective supplemental educational 
programs to benefit Alaska Natives. 
‘‘(5) To provide direction and guidance to ap-
propriate Federal, State, and local agencies to focus 
resources, including resources made available under 
this part, on meeting the educational needs of Alaska 
Natives. 
‘‘(6) To ensure the maximum participation by 
Alaska Native educators and leaders in the planning, 
development, management, and evaluation of pro-
grams designed to serve Alaska Natives students, and 
to ensure Alaska Native organizations play a mean-
ingful role in supplemental educational services pro-
vided to Alaska Native students. 
‘‘SEC. 5204. PROGRAM AUTHORIZED. 
‘‘(a) GENERAL AUTHORITY.— 
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‘‘(1) GRANTS AND CONTRACTS.—The Secretary is 
authorized to make grants to, or enter into contracts 
with, Alaska Native organizations, State educational 
agencies, local educational agencies, educational enti-
ties with experience in developing or operating Alaska 
Native educational programs or programs of instruc-
tion conducted in Alaska Native languages, cultural 
and community-based organizations with experience 
in developing or operating programs to benefit the 
educational needs of Alaska Natives, and consortia of 
organizations and entities described in this para-
graph, to carry out programs that meet the purposes 
of this part. 
‘‘(2) ADDITIONAL REQUIREMENT.—A State edu-
cational agency, local educational agency, educational 
entity with experience in developing or operating 
Alaska Native educational programs or programs of 
instruction conducted in Alaska Native languages, 
cultural and community-based organization with ex-
perience in developing or operating programs to ben-
efit the educational needs of Alaska Natives, or con-
sortium of such organizations and entities is eligible 
for an award under this part only as part of a part-
nership involving an Alaska Native organization. 
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‘‘(3) MANDATORY
ACTIVITIES.—Activities pro-
vided through the programs carried out under this 
part shall include the following which shall only be 
provided specifically in the context of elementary and 
secondary education: 
‘‘(A) The development and implementation 
of plans, methods, and strategies to improve the 
educational outcomes of Alaska Native people. 
‘‘(B) The collection of data to assist in the 
evaluation of the programs carried out under 
this part. 
‘‘(4) PERMISSIBLE ACTIVITIES.—Activities pro-
vided through programs carried out under this part 
may include the following which shall only be pro-
vided specifically in the context of elementary and 
secondary education: 
‘‘(A) The development of curricula and pro-
grams that address the educational needs of Alas-
ka Native students, including the following: 
‘‘(i) Curriculum materials that reflect 
the cultural diversity, languages, history, or 
the contributions of Alaska Native people. 
‘‘(ii) Instructional programs that make 
use of Alaska Native languages and cul-
tures. 
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‘‘(iii) Networks that develop, test, and 
disseminate best practices and introduce 
successful programs, materials, and tech-
niques to meet the educational needs of 
Alaska Native students in urban and rural 
schools. 
‘‘(B) Training and professional development 
activities for educators, including the following: 
‘‘(i) Pre-service and in-service training 
and professional development programs to 
prepare teachers to develop appreciation for, 
and understanding of, Alaska Native his-
tory, cultures, values, ways of knowing and 
learning in order to effectively address the 
cultural diversity and unique needs of Alas-
ka Native students. 
‘‘(ii) Recruitment and preparation of 
teachers who are Alaska Native. 
‘‘(iii) Programs that will lead to the 
certification and licensing of Alaska Native 
teachers, principals, and superintendents. 
‘‘(C) The development and operation of stu-
dent enrichment programs, including those in 
science, technology, engineering, and mathe-
matics that— 
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‘‘(i) are designed to prepare Alaska 
Native students to excel in such subjects; 
‘‘(ii) provide appropriate support serv-
ices to enable such students to benefit from 
the programs; and 
‘‘(iii) include activities that recognize 
and support the unique cultural and edu-
cational needs of Alaska Native children, 
and incorporate appropriately qualified 
Alaska Native elders and other tradition 
bearers. 
‘‘(D) Research and data collection activities 
to determine the educational status and needs of 
Alaska Native children and other research and 
evaluation activities related to programs carried 
out under this part. 
‘‘(E) Activities designed to increase the 
graduation rates of Alaska Native students and 
prepare Alaska Native students to be college and 
career ready upon graduation from secondary 
school, such as— 
‘‘(i) remedial and enrichment pro-
grams; and 
‘‘(ii) culturally based education pro-
grams, such as— 
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‘‘(I) programs of study and other 
instruction in Alaska Native history 
and way of living, to share the rich 
and diverse cultures of Alaska Native 
peoples among Alaska Native youth 
and elders, non-Native students, teach-
ers, and the larger community; 
‘‘(II) instruction in leadership, 
communication, Native culture, arts, 
and languages to Alaska Native youth; 
‘‘(III) instruction in Alaska Na-
tive history and ways of living to stu-
dents and teachers in the local school 
district; 
‘‘(IV) intergenerational learning 
and internship opportunities to Alaska 
Native youth and young adults; and 
‘‘(V) providing cultural immer-
sion activities aimed at Alaska Native 
cultural preservation. 
‘‘(F) Statewide on-site exchange programs, 
for both students and teachers, that work to fa-
cilitate cultural relationships between urban and 
rural Alaskans to build mutual respect and un-
derstanding, and foster a statewide sense of com-
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mon identity through host family, school, and 
community cross-cultural immersion. 
‘‘(G) Education programs for at-risk urban 
Alaska Native students in kindergarten through 
grade 12 that are designed to improve academic 
proficiency and graduation rates, utilize strate-
gies otherwise permissible under this part, and 
incorporate a strong data collection and contin-
uous evaluation component. 
‘‘(H) Statewide programs that provide tech-
nical assistance and support to schools and com-
munities to engage adults in promoting the aca-
demic progress and overall well-being of Alaska 
Native people through child and youth develop-
ment, positive youth-adult relationships, im-
proved conditions for learning (school climate, 
student connection to school and community), 
and increased connections between schools and 
families. 
‘‘(I) Career preparation activities to enable 
Alaska Native children and adults to prepare for 
meaningful employment, including programs 
providing tech-prep, mentoring, training, and 
apprenticeship activities. 
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‘‘(J) Support for the development and oper-
ational activities of regional vocational schools 
in rural areas of Alaska to provide students with 
necessary resources to prepare for skilled employ-
ment opportunities. 
‘‘(K) Regional leadership academies that 
demonstrate effectiveness in building respect, un-
derstanding, and fostering a sense of Alaska Na-
tive identity to promote their pursuit of and suc-
cess in completing higher education or career 
training. 
‘‘(L) Strategies designed to increase the in-
volvement of parents in their children’s edu-
cation. 
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not 
more than 5 percent of funds provided to an award recipi-
ent under this part for any fiscal year may be used for 
administrative purposes. 
‘‘(c) PRIORITIES.—In awarding grants or contracts to 
carry out activities described in this subpart, the Secretary 
shall give priority to applications from Alaska Native Or-
ganizations. Such priority shall be explicitly delineated in 
the Secretary’s process for evaluating applications and ap-
plied consistently and transparently to all applications 
from Alaska Native Organizations. 
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‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this part 
$33,185,000 for each of fiscal years 2016 through 2021. 
‘‘SEC. 5205. ADMINISTRATIVE PROVISIONS. 
‘‘(a) APPLICATION REQUIRED.— 
‘‘(1) IN
GENERAL.—No grant may be made 
under this part, and no contract may be entered into 
under this part, unless the Alaska Native organiza-
tion or entity seeking the grant or contract submits 
an application to the Secretary in such form, in such 
manner, and containing such information as the Sec-
retary may determine necessary to carry out the pro-
visions of this part. 
‘‘(2) REQUIREMENT FOR CERTAIN APPLICANTS.— 
An applicant described in section 5204(a)(2) shall, in 
the application submitted under this paragraph— 
‘‘(A) demonstrate that an Alaska Native or-
ganization was directly involved in the develop-
ment of the program for which the application 
seeks funds and explicitly delineate the meaning-
ful role that the Alaska Native organization will 
play in the implementation and evaluation of 
the program for which funding is sought; and 
‘‘(B) provide a copy of the Alaska Native 
organization’s governing document. 
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‘‘(b) CONSULTATION REQUIRED.—Each applicant for 
an award under this part shall provide for ongoing advice 
from and consultation with representatives of the Alaska 
Native community. 
‘‘(c) LOCAL EDUCATIONAL AGENCY COORDINATION.— 
Each applicant for an award under this part shall inform 
each local educational agency serving students who would 
participate in the program to be carried out under the 
grant or contract about the application. 
‘‘(d) CONTINUATION
AWARDS.—An applicant de-
scribed in section 5204(a)(2) that receives funding under 
this part shall periodically demonstrate to the Secretary, 
during the term of the award, that the applicant is con-
tinuing to meet the requirements of subsection (a)(2)(A). 
‘‘SEC. 5206. DEFINITIONS. 
‘‘In this part: 
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ 
has the same meaning as the term ‘Native’ has in sec-
tion 3(b) of the Alaska Native Claims Settlement Act 
and their descendants. 
‘‘(2) ALASKA NATIVE ORGANIZATION.—The term 
‘Alaska Native organization’ means a federally recog-
nized tribe, consortium of tribes, regional nonprofit 
Native association, and an organization, that— 
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‘‘(A) has or commits to acquire expertise in 
the education of Alaska Natives; and 
‘‘(B) has Alaska Native people in sub-
stantive and policymaking positions within the 
organization. 
‘‘PART C—NATIVE HAWAIIAN EDUCATION 
‘‘SEC. 5301. FINDINGS. 
‘‘Congress finds the following: 
‘‘(1) Native Hawaiians are a distinct and 
unique indigenous people with a historical continuity 
to the original inhabitants of the Hawaiian archi-
pelago, whose society was organized as a nation and 
internationally recognized as a nation by the United 
States, and many other countries. 
‘‘(2) Native Hawaiians have a cultural, historic, 
and land-based link to the indigenous people who ex-
ercised sovereignty over the Hawaiian Islands. 
‘‘(3) The political status of Native Hawaiians is 
comparable to that of American Indians and Alaska 
Natives. 
‘‘(4) The political relationship between the 
United States and the Native Hawaiian people has 
been recognized and reaffirmed by the United States, 
as evidenced by the inclusion of Native Hawaiians in 
many Federal statutes, including— 
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‘‘(A) the Native American Programs Act of 
1974 (42 U.S.C. 2991 et seq.); 
‘‘(B) Public Law 95–341 (commonly known 
as the ‘American Indian Religious Freedom Act’ 
(42 U.S.C. 1996)); 
‘‘(C) the National Museum of the American 
Indian Act (20 U.S.C. 80q et seq.); 
‘‘(D) the Native American Graves Protec-
tion and Repatriation Act (25 U.S.C. 3001 et 
seq.); 
‘‘(E) the National Historic Preservation Act 
(16 U.S.C. 470 et seq.); 
‘‘(F) the Native American Languages Act 
(25 U.S.C. 2901 et seq.); 
‘‘(G) the American Indian, Alaska Native, 
and Native Hawaiian Culture and Art Develop-
ment Act (20 U.S.C. 4401 et seq.); 
‘‘(H) the Workforce Investment Act of 1998 
(29 U.S.C. 2801 et seq.); and 
‘‘(I) the Older Americans Act of 1965 (42 
U.S.C. 3001 et seq.). 
‘‘(5) Many Native Hawaiian students lag behind 
other students in terms of— 
‘‘(A) school readiness factors; 
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‘‘(B) scoring below national norms on edu-
cation achievement tests at all grade levels; 
‘‘(C) underrepresentation in the uppermost 
achievement levels and in gifted and talented 
programs; 
‘‘(D) overrepresentation among students 
qualifying for special education programs; 
‘‘(E) underrepresentation in institutions of 
higher education and among adults who have 
completed 4 or more years of college. 
‘‘(6) The percentage of Native Hawaiian stu-
dents served by the State of Hawaii Department of 
Education rose 30 percent from 1980 to 2008, and 
there are and will continue to be geographically rural, 
isolated areas with a high Native Hawaiian popu-
lation density. 
‘‘(7) The Native Hawaiian people are deter-
mined to preserve, develop, and transmit to future 
generations their ancestral territory and their cul-
tural identity in accordance with their own spiritual 
and traditional beliefs, customs, practices, language, 
and social institutions. 
‘‘SEC. 5302. PURPOSES. 
‘‘The purposes of this part are— 
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‘‘(1) to authorize, develop, implement, assess, and 
evaluate innovative educational programs, Native 
Hawaiian language medium programs, Native Ha-
waiian culture-based education programs, and other 
education programs to improve the academic achieve-
ment of Native Hawaiian students by meeting their 
unique cultural and language needs in order to help 
such students meet challenging State student aca-
demic achievement standards; 
‘‘(2) to provide guidance to appropriate Federal, 
State, and local agencies to more effectively and effi-
ciently focus resources, including resources made 
available under this part, on the development and im-
plementation of— 
‘‘(A) innovative educational programs for 
Native Hawaiians; 
‘‘(B) rigorous and substantive Native Ha-
waiian language programs; and 
‘‘(C) Native Hawaiian culture-based edu-
cational programs; and 
‘‘(3) to create a system by which information 
from programs funded under this part will be col-
lected, analyzed, evaluated, reported, and used in de-
cisionmaking activities regarding the types of grants 
awarded under this part. 
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‘‘SEC. 
5303. 
NATIVE 
HAWAIIAN 
EDUCATION 
COUNCIL 
GRANT. 
‘‘(a) GRANT AUTHORIZED.—In order to better effec-
tuate the purposes of this part through the coordination of 
educational and related services and programs available to 
Native Hawaiians, including those programs that receive 
funding under this part, the Secretary shall award a grant 
to an education council, as described under subsection (b). 
‘‘(b) EDUCATION COUNCIL.— 
‘‘(1) ELIGIBILITY.—To be eligible to receive the 
grant under subsection (a), the council shall be an 
education council (referred to in this section as the 
‘Education Council’) that meets the requirements of 
this subsection. 
‘‘(2) COMPOSITION.—The Education Council 
shall consist of 15 members of whom— 
‘‘(A) one shall be the President of the Uni-
versity of Hawaii (or a designee); 
‘‘(B) one shall be the Governor of the State 
of Hawaii (or a designee); 
‘‘(C) one shall be the Superintendent of the 
State of Hawaii Department of Education (or a 
designee); 
‘‘(D) one shall be the chairperson of the Of-
fice of Hawaiian Affairs (or a designee); 
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‘‘(E) one shall be the executive director of 
Hawaii’s Charter School Network (or a des-
ignee); 
‘‘(F) one shall be the chief executive officer 
of the Kamehameha Schools (or a designee); 
‘‘(G) one shall be the Chief Executive Officer 
of the Queen Liliuokalani Trust (or a designee); 
‘‘(H) one shall be a member, selected by the 
other members of the Education Council, who 
represents a private grant-making entity; 
‘‘(I) one shall be the Mayor of the County 
of Hawaii (or a designee); 
‘‘(J) one shall be the Mayor of Maui County 
(or a designee from the Island of Maui); 
‘‘(K) one shall be the Mayor of the County 
of Kauai (or a designee); 
‘‘(L) one shall be appointed by the Mayor of 
Maui County from the Island of either Molokai 
or Lanai; 
‘‘(M) one shall be the Mayor of the City and 
County of Honolulu (or a designee); 
‘‘(N) one shall be the chairperson of the Ha-
waiian Homes Commission (or a designee); and 
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‘‘(O) one shall be the chairperson of the Ha-
waii Workforce Development Council (or a des-
ignee representing the private sector). 
‘‘(3) REQUIREMENTS.—Any designee serving on 
the Education Council shall demonstrate, as deter-
mined by the individual who appointed such designee 
with input from the Native Hawaiian community, 
not less than 5 years of experience as a consumer or 
provider of Native Hawaiian education or cultural 
activities, with traditional cultural experience given 
due consideration. 
‘‘(4) LIMITATION.—A member (including a des-
ignee), while serving on the Education Council, shall 
not be a recipient of grant funds that are awarded 
under this part. 
‘‘(5) TERM OF MEMBERS.—A member who is a 
designee shall serve for a term of not more than 4 
years. 
‘‘(6) CHAIR, VICE CHAIR.— 
‘‘(A) SELECTION.—The Education Council 
shall select a Chair and a Vice Chair from 
among the members of the Education Council. 
‘‘(B) TERM LIMITS.—The Chair and Vice 
Chair shall each serve for a 2-year term. 
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‘‘(7) ADMINISTRATIVE PROVISIONS RELATING TO 
EDUCATION COUNCIL.—The Education Council shall 
meet at the call of the Chair of the Council, or upon 
request by a majority of the members of the Edu-
cation Council, but in any event not less often than 
every 120 days. 
‘‘(8) NO
COMPENSATION.—None of the funds 
made available through the grant may be used to pro-
vide compensation to any member of the Education 
Council or member of a working group established by 
the Education Council, for functions described in this 
section. 
‘‘(c) USE
OF FUNDS
FOR COORDINATION ACTIVI-
TIES.—The Education Council shall use funds made avail-
able through the grant to carry out each of the following 
activities: 
‘‘(1) Providing advice about the coordination, 
and serving as a clearinghouse for, the educational 
and related services and programs available to Native 
Hawaiians, including the programs assisted under 
this part. 
‘‘(2) Assessing the extent to which such services 
and programs meet the needs of Native Hawaiians, 
and collecting data on the status of Native Hawaiian 
education. 
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‘‘(3) Providing direction and guidance, through 
the issuance of reports and recommendations, to ap-
propriate Federal, State, and local agencies in order 
to focus and improve the use of resources, including 
resources made available under this part, relating to 
Native Hawaiian education, and serving, where ap-
propriate, in an advisory capacity. 
‘‘(4) Awarding grants, if such grants enable the 
Education Council to carry out the activities de-
scribed in paragraphs (1) through (3). 
‘‘(5) Hiring an executive director who shall as-
sist in executing the duties and powers of the Edu-
cation Council, as described in subsection (d). 
‘‘(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.— 
The Education Council shall use funds made available 
through the grant to— 
‘‘(1) provide technical assistance to Native Ha-
waiian organizations that are grantees or potential 
grantees under this part; 
‘‘(2) obtain from such grantees information and 
data regarding grants awarded under this part, in-
cluding information and data about— 
‘‘(A) the effectiveness of such grantees in 
meeting the educational priorities established by 
the Education Council, as described in para-
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graph (6)(D), using metrics related to these pri-
orities; and 
‘‘(B) the effectiveness of such grantees in 
carrying out any of the activities described in 
section 5304(c) that are related to the specific 
goals and purposes of each grantee’s grant 
project, using metrics related to these priorities; 
‘‘(3) assess and define the educational needs of 
Native Hawaiians; 
‘‘(4) assess the programs and services available 
to address the educational needs of Native Hawaiians; 
‘‘(5) assess and evaluate the individual and ag-
gregate impact achieved by grantees under this part 
in improving Native Hawaiian educational perform-
ance and meeting the goals of this part, using metrics 
related to these goals; and 
‘‘(6) prepare and submit to the Secretary, at the 
end of each calendar year, an annual report that con-
tains— 
‘‘(A) a description of the activities of the 
Education Council during the calendar year; 
‘‘(B) a description of significant barriers to 
achieving the goals of this part; 
‘‘(C) a summary of each community con-
sultation session described in subsection (e); and 
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‘‘(D) recommendations to establish prior-
ities for funding under this part, based on an as-
sessment of— 
‘‘(i) the educational needs of Native 
Hawaiians; 
‘‘(ii) programs and services available 
to address such needs; 
‘‘(iii) the effectiveness of programs in 
improving the educational performance of 
Native Hawaiian students to help such stu-
dents meet challenging State student aca-
demic achievement standards; and 
‘‘(iv) priorities for funding in specific 
geographic communities. 
‘‘(e) USE
OF FUNDS
FOR COMMUNITY CONSULTA-
TIONS.—The Education Council shall use funds made avail-
able through the grant under subsection (a) to hold not less 
than one community consultation each year on each of the 
islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 
Kauai, at which— 
‘‘(1) not less than three members of the Edu-
cation Council shall be in attendance; 
‘‘(2) the Education Council shall gather commu-
nity input regarding— 
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‘‘(A) current grantees under this part, as of 
the date of the consultation; 
‘‘(B) priorities and needs of Native Hawai-
ians; and 
‘‘(C) other Native Hawaiian education 
issues; and 
‘‘(3) the Education Council shall report to the 
community on the outcomes of the activities supported 
by grants awarded under this part. 
‘‘(f) FUNDING.—For each fiscal year, the Secretary 
shall use the amount described in section 5305(d)(2), to 
make a payment under the grant. Funds made available 
through the grant shall remain available until expended. 
‘‘(g) REPORT.—Beginning not later than 2 years after 
the date of the enactment of the Student Success Act, and 
for each subsequent year, the Secretary shall prepare and 
submit to the Committee on Education and the Workforce 
of the House of Representatives, and the Committee on In-
dian Affairs and the Committee on Health, Education, 
Labor, and Pensions of the Senate, a report that— 
‘‘(1) summarizes the annual reports of the Edu-
cation Council; 
‘‘(2) describes the allocation and use of funds 
under this part and the information gathered since 
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the first annual report submitted by the Education 
Council to the Secretary under this section; and 
‘‘(3) contains recommendations for changes in 
Federal, State, and local policy to advance the pur-
poses of this part. 
‘‘SEC. 5304. GRANT PROGRAM AUTHORIZED. 
‘‘(a) GRANTS AND CONTRACTS.—In order to carry out 
programs that meet the purposes of this part, the Secretary 
is authorized to award grants to, or enter into contracts 
with— 
‘‘(1) Native Hawaiian educational organiza-
tions; 
‘‘(2) Native Hawaiian community-based organi-
zations; 
‘‘(3) public and private nonprofit organizations, 
agencies, and institutions with experience in devel-
oping or operating Native Hawaiian education and 
workforce development programs or programs of in-
struction in the Native Hawaiian language; 
‘‘(4) charter schools; and 
‘‘(5) consortia of the organizations, agencies, and 
institutions described in paragraphs (1) through (4). 
‘‘(b) PRIORITY.—In awarding grants and entering 
into contracts under this part, the Secretary shall give pri-
ority to— 
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‘‘(1) programs that meet the educational priority 
recommendations of the Education Council, as de-
scribed under section 5303(d)(6)(D); 
‘‘(2) the repair and renovation of public schools 
that serve high concentrations of Native Hawaiian 
students; 
‘‘(3) programs designed to improve the academic 
achievement of Native Hawaiian students by meeting 
their unique cultural and language needs in order to 
help such students meet challenging State student 
academic achievement standards, including activities 
relating to— 
‘‘(A) achieving competence in reading, lit-
eracy, mathematics, and science for students in 
preschool through grade 3; 
‘‘(B) the educational needs of at-risk chil-
dren and youth; 
‘‘(C) professional development for teachers 
and administrators; 
‘‘(D) the use of Native Hawaiian language 
and preservation or reclamation of Native Ha-
waiian culture-based educational practices; and 
‘‘(E) other programs relating to the activi-
ties described in this part; and 
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‘‘(4) programs in which a local educational 
agency, institution of higher education, or a State 
educational agency in partnership with a nonprofit 
entity serving underserved communities within the 
Native Hawaiian population apply for a grant or 
contract under this part as part of a partnership or 
consortium. 
‘‘(c) AUTHORIZED ACTIVITIES.—Activities provided 
through programs carried out under this part may in-
clude— 
‘‘(1) the development and maintenance of a 
statewide Native Hawaiian early education and care 
system to provide a continuum of high-quality early 
learning services for Native Hawaiian children from 
the prenatal period through the age of kindergarten 
entry; 
‘‘(2) the operation of family-based education cen-
ters that provide such services as— 
‘‘(A) early care and education programs for 
Native Hawaiians; and 
‘‘(B) research on, and development and as-
sessment of, family-based, early childhood, and 
preschool programs for Native Hawaiians; 
‘‘(3) activities that enhance beginning reading 
and literacy in either the Hawaiian or the English 
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language among Native Hawaiian students in kinder-
garten through grade 3 and assistance in addressing 
the distinct features of combined English and Hawai-
ian literacy for Hawaiian speakers in grades 5 and 
6; 
‘‘(4) activities to meet the special needs of Native 
Hawaiian students with disabilities, including— 
‘‘(A) the identification of such students and 
their needs; 
‘‘(B) the provision of support services to the 
families of such students; and 
‘‘(C) other activities consistent with the re-
quirements of the Individuals with Disabilities 
Education Act; 
‘‘(5) activities that address the special needs of 
Native Hawaiian students who are gifted and tal-
ented, including— 
‘‘(A) educational, psychological, and devel-
opmental activities designed to assist in the edu-
cational progress of such students; and 
‘‘(B) activities that involve the parents of 
such students in a manner designed to assist in 
the educational progress of such students; 
‘‘(6) the development of academic and vocational 
curricula to address the needs of Native Hawaiian 
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students, including curricula materials in the Hawai-
ian language and mathematics and science curricula 
that incorporate Native Hawaiian tradition and cul-
ture; 
‘‘(7) professional development activities for edu-
cators, including— 
‘‘(A) the development of programs to pre-
pare prospective teachers to address the unique 
needs of Native Hawaiian students within the 
context of Native Hawaiian culture, language, 
and traditions; 
‘‘(B) in-service programs to improve the 
ability of teachers who teach in schools with high 
concentrations of Native Hawaiian students to 
meet the unique needs of such students; and 
‘‘(C) the recruitment and preparation of 
Native Hawaiians, and other individuals who 
live in communities with a high concentration of 
Native Hawaiians, to become teachers; 
‘‘(8) the operation of community-based learning 
centers that address the needs of Native Hawaiian 
students, parents, families, and communities through 
the coordination of public and private programs and 
services, including— 
‘‘(A) early education programs; 
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‘‘(B) before, after, and Summer school pro-
grams, expanded learning time, or weekend 
academies; 
‘‘(C) career and technical education pro-
grams; and 
‘‘(D) programs that recognize and support 
the unique cultural and educational needs of Na-
tive Hawaiian children, and incorporate appro-
priately qualified Native Hawaiian elders and 
seniors; 
‘‘(9) activities, including program co-location, 
that ensure Native Hawaiian students graduate col-
lege and career ready including— 
‘‘(A) family literacy services; 
‘‘(B) counseling, guidance, and support 
services for students; and 
‘‘(C) professional development activities de-
signed to help educators improve the college and 
career readiness of Native Hawaiian students; 
‘‘(10) research and data collection activities to 
determine the educational status and needs of Native 
Hawaiian children and adults; 
‘‘(11) other research and evaluation activities re-
lated to programs carried out under this part; and 
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‘‘(12) other activities, consistent with the pur-
poses of this part, to meet the educational needs of 
Native Hawaiian children and adults. 
‘‘(d) ADDITIONAL ACTIVITIES.—Notwithstanding any 
other provision of this part, funds made available to carry 
out this section as of the day before the date of the enact-
ment of the Student Success Act shall remain available 
until expended. The Secretary shall use such funds to sup-
port the following: 
‘‘(1) The repair and renovation of public schools 
that serve high concentrations of Native Hawaiian 
students. 
‘‘(2) The perpetuation of, and expansion of ac-
cess to, Hawaiian culture and history through digital 
archives. 
‘‘(3) Informal education programs that connect 
traditional Hawaiian knowledge, science, astronomy, 
and the environment through State museums or 
learning centers. 
‘‘(4) Public charter schools serving high con-
centrations of Native Hawaiian students. 
‘‘(e) ADMINISTRATIVE COSTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not more than 5 percent of funds provided 
to a recipient of a grant or contract under this sec-
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tion for any fiscal year may be used for administra-
tive purposes. 
‘‘(2) EXCEPTION.—The Secretary may waive the 
requirement of paragraph (1) for a nonprofit entity 
that receives funding under this section and allow not 
more than 10 percent of funds provided to such non-
profit entity under this section for any fiscal year to 
be used for administrative purposes. 
‘‘SEC. 5305. ADMINISTRATIVE PROVISIONS. 
‘‘(a) APPLICATION REQUIRED.—No grant may be 
made under this part, and no contract may be entered into 
under this part, unless the entity seeking the grant or con-
tract submits an application to the Secretary at such time, 
in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the 
provisions of this part. 
‘‘(b) DIRECT GRANT APPLICATIONS.—The Secretary 
shall provide a copy of all direct grant applications to the 
Education Council. 
‘‘(c) SUPPLEMENT NOT SUPPLANT.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), funds made available under this part shall 
be used to supplement, and not supplant, any State 
or local funds used to achieve the purposes of this 
part. 
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‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply to any nonprofit entity or Native Hawaiian 
community-based organization that receives a grant 
or other funds under this part. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this part $34,181,000 for 
each of fiscal years 2016 through 2021. 
‘‘(2) RESERVATION.—Of the funds appropriated 
under this subsection, the Secretary shall reserve, for 
each fiscal year after the date of the enactment of the 
Student Success Act not less than $500,000 for the 
grant to the Education Council under section 5303. 
‘‘(3) AVAILABILITY.—Funds appropriated under 
this subsection shall remain available until ex-
pended.’’. 
TITLE VI—GENERAL PROVISIONS 
FOR THE ACT 
SEC. 601. GENERAL PROVISIONS FOR THE ACT. 
(a) AMENDING TITLE VI.—Title VI (20 U.S.C. 7301 
et seq.) is amended to read as follows: 
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‘‘TITLE VI—GENERAL 
PROVISIONS 
‘‘PART A—DEFINITIONS 
‘‘SEC. 6101. DEFINITIONS. 
‘‘Except as otherwise provided, in this Act: 
‘‘(1) AVERAGE DAILY ATTENDANCE.— 
‘‘(A) IN GENERAL.—Except as provided oth-
erwise by State law or this paragraph, the term 
‘average daily attendance’ means— 
‘‘(i) the aggregate number of days of 
attendance of all students during a school 
year; divided by 
‘‘(ii) the number of days school is in 
session during that year. 
‘‘(B) CONVERSION.—The Secretary shall 
permit the conversion of average daily member-
ship (or other similar data) to average daily at-
tendance for local educational agencies in States 
that provide State aid to local educational agen-
cies on the basis of average daily membership (or 
other similar data). 
‘‘(C) SPECIAL
RULE.—If the local edu-
cational agency in which a child resides makes 
a tuition or other payment for the free public 
education of the child in a school located in an-
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other school district, the Secretary shall, for the 
purpose of this Act— 
‘‘(i) consider the child to be in attend-
ance at a school of the agency making the 
payment; and 
‘‘(ii) not consider the child to be in at-
tendance at a school of the agency receiving 
the payment. 
‘‘(D) CHILDREN WITH DISABILITIES.—If a 
local educational agency makes a tuition pay-
ment to a private school or to a public school of 
another local educational agency for a child with 
a disability, as defined in section 602 of the In-
dividuals with Disabilities Education Act, the 
Secretary shall, for the purpose of this Act, con-
sider the child to be in attendance at a school of 
the agency making the payment. 
‘‘(2) AVERAGE
PER-PUPIL
EXPENDITURE.—The 
term ‘average per-pupil expenditure’ means, in the 
case of a State or of the United States— 
‘‘(A) without regard to the source of 
funds— 
‘‘(i) the aggregate current expenditures, 
during the third fiscal year preceding the 
fiscal year for which the determination is 
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made (or, if satisfactory data for that year 
are not available, during the most recent 
preceding fiscal year for which satisfactory 
data are available) of all local educational 
agencies in the State or, in the case of the 
United States, for all States (which, for the 
purpose of this paragraph, means the 50 
States and the District of Columbia); plus 
‘‘(ii) any direct current expenditures 
by the State for the operation of those agen-
cies; divided by 
‘‘(B) the aggregate number of children in 
average daily attendance to whom those agencies 
provided free public education during that pre-
ceding year. 
‘‘(3) CHARTER
SCHOOL.—The term ‘charter 
school’ means a public school that— 
‘‘(A) in accordance with a specific State 
statute authorizing the granting of charters to 
schools, is exempt from significant State or local 
rules that inhibit the flexible operation and man-
agement of public schools, but not from any rules 
relating to the other requirements of this para-
graph; 
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‘‘(B) is created by a developer as a public 
school, or is adapted by a developer from an ex-
isting public school, and is operated under pub-
lic supervision and direction; 
‘‘(C) operates in pursuit of a specific set of 
educational objectives determined by the school’s 
developer and agreed to by the authorized public 
chartering agency; 
‘‘(D) provides a program of elementary or 
secondary education, or both; 
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all 
other operations, and is not affiliated with a sec-
tarian school or religious institution; 
‘‘(F) does not charge tuition; 
‘‘(G) complies with the Age Discrimination 
Act of 1975, title VI of the Civil Rights Act of 
1964, title IX of the Education Amendments of 
1972, section 504 of the Rehabilitation Act of 
1973, part B of the Individuals with Disabilities 
Education Act, the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.), and sec-
tion 444 of the General Education Provisions 
Act (20 U.S.C. 1232(g)) (commonly known as 
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480 
the ‘Family Education Rights and Privacy Act 
of 1974’); 
‘‘(H) is a school to which parents choose to 
send their children, and admits students on the 
basis of a lottery if more students apply for ad-
mission than can be accommodated, except that 
in cases in which students who are enrolled in 
a charter school affiliated (such as by sharing a 
network) with another charter school, those stu-
dents may be automatically enrolled in the next 
grade level at such other charter school, so long 
as a lottery is used to fill seats created through 
regular attrition in student enrollment; 
‘‘(I) agrees to comply with the same Federal 
and State audit requirements as do other elemen-
tary schools and secondary schools in the State, 
unless such State audit requirements are waived 
by the State; 
‘‘(J) meets all applicable Federal, State, 
and local health and safety requirements; 
‘‘(K) operates in accordance with State law; 
‘‘(L) has a written performance contract 
with the authorized public chartering agency in 
the State that includes a description of how stu-
dent performance will be measured in charter 
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schools pursuant to State assessments that are 
required of other schools and pursuant to any 
other assessments mutually agreeable to the au-
thorized public chartering agency and the char-
ter school; and 
‘‘(M) may serve prekindergarten or postsec-
ondary students. 
‘‘(4) CHILD.—The term ‘child’ means any person 
within the age limits for which the State provides free 
public education. 
‘‘(5) CHILD
WITH
A
DISABILITY.—The term 
‘child with a disability’ has the same meaning given 
that term in section 602 of the Individuals with Dis-
abilities Education Act. 
‘‘(6) COMMUNITY-BASED
ORGANIZATION.—The 
term ‘community-based organization’ means a public 
or private nonprofit organization of demonstrated ef-
fectiveness that— 
‘‘(A) is representative of a community or 
significant segments of a community; and 
‘‘(B) provides educational or related services 
to individuals in the community. 
‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The 
term ‘consolidated local application’ means an appli-
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cation submitted by a local educational agency pursu-
ant to section 6305. 
‘‘(8) CONSOLIDATED
LOCAL
PLAN.—The term 
‘consolidated local plan’ means a plan submitted by 
a local educational agency pursuant to section 6305. 
‘‘(9) CONSOLIDATED STATE APPLICATION.—The 
term ‘consolidated State application’ means an appli-
cation submitted by a State educational agency pur-
suant to section 6302. 
‘‘(10) CONSOLIDATED
STATE
PLAN.—The term 
‘consolidated State plan’ means a plan submitted by 
a State educational agency pursuant to section 6302. 
‘‘(11) COUNTY.—The term ‘county’ means one of 
the divisions of a State used by the Secretary of Com-
merce in compiling and reporting data regarding 
counties. 
‘‘(12) COVERED
PROGRAM.—The term ‘covered 
program’ means each of the programs authorized 
by— 
‘‘(A) part A of title I; 
‘‘(B) title II; and 
‘‘(C) part B of title III. 
‘‘(13) CURRENT EXPENDITURES.—The term ‘cur-
rent expenditures’ means expenditures for free public 
education— 
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‘‘(A) including expenditures for administra-
tion, instruction, attendance and health services, 
pupil transportation services, operation and 
maintenance of plant, fixed charges, and net ex-
penditures to cover deficits for food services and 
student body activities; but 
‘‘(B) not including expenditures for commu-
nity services, capital outlay, and debt service, or 
any expenditures made from funds received 
under title I. 
‘‘(14) DEPARTMENT.—The term ‘Department’ 
means the Department of Education. 
‘‘(15) DIRECT
STUDENT
SERVICES.—The term 
‘direct student services’ means public school choice or 
high-quality academic tutoring that are designed to 
help increase academic achievement for students. 
‘‘(16) DISTANCE
EDUCATION.—The term ‘dis-
tance education’ means the use of one or more tech-
nologies to deliver instruction to students who are 
separated from the instructor and to support regular 
and substantive interaction between the students and 
the instructor synchronously or nonsynchronously. 
‘‘(17) EDUCATIONAL
SERVICE
AGENCY.—The 
term ‘educational service agency’ means a regional 
public multiservice agency authorized by State statute 
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to develop, manage, and provide services or programs 
to local educational agencies. 
‘‘(18) ELEMENTARY SCHOOL.—The term ‘elemen-
tary school’ means a nonprofit institutional day or 
residential school, including a public elementary 
charter school, that provides elementary education, as 
determined under State law. 
‘‘(19) ENGLISH
LEARNER.—The term ‘English 
learner’, when used with respect to an individual, 
means an individual— 
‘‘(A) who is aged 3 through 21; 
‘‘(B) who is enrolled or preparing to enroll 
in an elementary school or secondary school; 
‘‘(C)(i) who was not born in the United 
States or whose native language is a language 
other than English; 
‘‘(ii)(I) who is a Native American or Alaska 
Native, or a native resident of the outlying 
areas; and 
‘‘(II) who comes from an environment 
where a language other than English has had a 
significant impact on the individual’s level of 
English language proficiency; or 
‘‘(iii) who is migratory, whose native lan-
guage is a language other than English, and who 
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comes from an environment where a language 
other than English is dominant; and 
‘‘(D) whose difficulties in speaking, reading, 
writing, or understanding the English language 
may be sufficient to deny the individual— 
‘‘(i) the ability to meet the State’s aca-
demic standards described in section 1111; 
‘‘(ii) the ability to successfully achieve 
in classrooms where the language of instruc-
tion is English; or 
‘‘(iii) the opportunity to participate 
fully in society. 
‘‘(20) 
EXTENDED-YEAR
ADJUSTED
COHORT 
GRADUATION RATE.— 
‘‘(A) IN
GENERAL.—The term ‘extended- 
year adjusted cohort graduation rate’ means the 
ratio where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student member-
ship data submitted annually by State edu-
cational agencies to the National Center for 
Education Statistics under section 153 of 
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486 
the Education Sciences Reform Act, ad-
justed by— 
‘‘(I) adding the students who 
joined that cohort, after the time of the 
determination of the original cohort; 
and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) one or more additional years 
beyond the fourth year of high school; 
or 
‘‘(II) a summer session imme-
diately following the additional year of 
high school. 
‘‘(B) COHORT REMOVAL.—To remove a stu-
dent from a cohort, a school or local educational 
agency shall require documentation to confirm 
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that the student has transferred out, emigrated to 
another country, transferred to a prison or juve-
nile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a reg-
ular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause (i) requires documentation from 
the receiving school or program that 
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the student enrolled in the receiving 
school or program. 
‘‘(II) LACK OF CONFIRMATION.—A 
student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the denominator of the ex-
tended-year adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the extended-year adjusted 
cohort. 
‘‘(D) 
SPECIAL
RULE.—For 
those 
high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the ef-
fective date for student membership data sub-
mitted annually by State educational agencies to 
the National Center for Education Statistics 
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pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(21) FAMILY
LITERACY
SERVICES.—The term 
‘family literacy services’ means services provided to 
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient du-
ration, to make sustainable changes in a family, and 
that integrate all of the following activities: 
‘‘(A) Interactive literacy activities between 
parents and their children. 
‘‘(B) Training for parents regarding how to 
be the primary teacher for their children and full 
partners in the education of their children. 
‘‘(C) Parent literacy training that leads to 
economic self-sufficiency. 
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life expe-
riences. 
‘‘(22) FOUR-YEAR ADJUSTED COHORT GRADUA-
TION RATE.— 
‘‘(A) IN GENERAL.—The term ‘four-year ad-
justed cohort graduation rate’ means the ratio 
where— 
‘‘(i) the denominator consists of the 
number of students who form the original 
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cohort of entering first-time 9th grade stu-
dents enrolled in the high school no later 
than the effective date for student member-
ship data submitted annually by State edu-
cational agencies to the National Center for 
Education Statistics pursuant to section 
153 of the Education Sciences Reform Act, 
adjusted by— 
‘‘(I) adding the students who 
joined that cohort, after the time of the 
determination of the original cohort; 
and 
‘‘(II) subtracting only those stu-
dents who left that cohort, after the 
time of the determination of the origi-
nal cohort, as described in subpara-
graph (B); and 
‘‘(ii) the numerator consists of the 
number of students in the cohort, as ad-
justed under clause (i), who earned a reg-
ular high school diploma before, during, or 
at the conclusion of— 
‘‘(I) the fourth year of high school; 
or 
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‘‘(II) a summer session imme-
diately following the fourth year of 
high school. 
‘‘(B) COHORT REMOVAL.—To remove a stu-
dent from a cohort, a school or local educational 
agency shall require documentation to confirm 
that the student has transferred out, emigrated to 
another country, transferred to a prison or juve-
nile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.— 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph, the term ‘transferred out’ 
means a student who the high school or 
local educational agency has confirmed, ac-
cording to clause (ii), has transferred— 
‘‘(I) to another school from which 
the student is expected to receive a reg-
ular high school diploma; or 
‘‘(II) to another educational pro-
gram from which the student is ex-
pected to receive a regular high school 
diploma. 
‘‘(ii) 
CONFIRMATION
REQUIRE-
MENTS.— 
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‘‘(I) 
DOCUMENTATION
RE-
QUIRED.—The confirmation of a stu-
dent’s transfer to another school or 
educational 
program 
described 
in 
clause (i) requires documentation from 
the receiving school or program that 
the student enrolled in the receiving 
school or program. 
‘‘(II) LACK OF CONFIRMATION.—A 
student who was enrolled, but for 
whom there is no confirmation of the 
student having transferred out, shall 
remain in the adjusted cohort. 
‘‘(iii) 
PROGRAMS
NOT
PROVIDING 
CREDIT.—A student who is retained in 
grade or who is enrolled in a GED or other 
alternative educational program that does 
not issue or provide credit toward the 
issuance of a regular high school diploma 
shall not be considered transferred out and 
shall remain in the adjusted cohort. 
‘‘(D) 
SPECIAL
RULE.—For 
those 
high 
schools that start after grade 9, the original co-
hort shall be calculated for the earliest high 
school grade students attend no later than the ef-
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fective date for student membership data sub-
mitted annually by State educational agencies to 
the National Center for Education Statistics 
pursuant to section 153 of the Education 
Sciences Reform Act. 
‘‘(23) FREE PUBLIC EDUCATION.—The term ‘free 
public education’ means education that is provided— 
‘‘(A) at public expense, under public super-
vision and direction, and without tuition charge; 
and 
‘‘(B) as elementary school or secondary 
school education as determined under applicable 
State law, except that the term does not include 
any education provided beyond grade 12. 
‘‘(24) GIFTED AND TALENTED.—The term ‘gifted 
and talented’, when used with respect to students, 
children, or youth, means students, children, or youth 
who give evidence of high achievement capability in 
areas such as intellectual, creative, artistic, or leader-
ship capacity, or in specific academic fields, and who 
need services or activities not ordinarily provided by 
the school in order to fully develop those capabilities. 
‘‘(25) HIGH-QUALITY ACADEMIC TUTORING.—The 
term ‘high-quality academic tutoring’ means supple-
mental academic services that— 
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‘‘(A) are in addition to instruction provided 
during the school day; 
‘‘(B) are provided by a non-governmental 
entity or local educational agency that— 
‘‘(i) is included on a State educational 
agency approved provider list after dem-
onstrating to the State educational agency 
that its program consistently improves the 
academic achievement of students; and 
‘‘(ii) agrees to provide parents of chil-
dren receiving high-quality academic tutor-
ing, the appropriate local educational agen-
cy, and school with information on partici-
pating students increases in academic 
achievement, in a format, and to the extent 
practicable, a language that such parent 
can understand, and in a manner that pro-
tects the privacy of individuals consistent 
with section 444 of the General Education 
Provisions Act (20 U.S.C. 1232g); 
‘‘(C) are selected by the parents of students 
who are identified by the local educational agen-
cy as being eligible for such services from among 
providers on the approved provider list described 
in subparagraph (B)(i); 
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‘‘(D) meet all applicable Federal, State, and 
local health, safety, and civil rights laws; and 
‘‘(E) ensure that all instruction and content 
are secular, neutral, and non-ideological. 
‘‘(26) HIGH
SCHOOL.—The term ‘high school’ 
means a secondary school that— 
‘‘(A) grants a diploma, as defined by the 
State; and 
‘‘(B) includes, at least, grade 12. 
‘‘(27) INSTITUTION
OF
HIGHER
EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given that term in section 101(a) of the 
Higher Education Act of 1965. 
‘‘(28) LOCAL EDUCATIONAL AGENCY.— 
‘‘(A) IN
GENERAL.—The term ‘local edu-
cational agency’ means a public board of edu-
cation or other public authority legally con-
stituted within a State for either administrative 
control or direction of, or to perform a service 
function for, public elementary schools or sec-
ondary schools in a city, county, township, 
school district, or other political subdivision of a 
State, or of or for a combination of school dis-
tricts or counties that is recognized in a State as 
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an administrative agency for its public elemen-
tary schools or secondary schools. 
‘‘(B) ADMINISTRATIVE
CONTROL
AND
DI-
RECTION.—The term includes any other public 
institution or agency having administrative con-
trol and direction of a public elementary school 
or secondary school. 
‘‘(C) BIE SCHOOLS.—The term includes an 
elementary school or secondary school funded by 
the Bureau of Indian Education but only to the 
extent that including the school makes the school 
eligible for programs for which specific eligibility 
is not provided to the school in another provision 
of law and the school does not have a student 
population that is smaller than the student pop-
ulation of the local educational agency receiving 
assistance under this Act with the smallest stu-
dent population, except that the school shall not 
be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian 
Education. 
‘‘(D) EDUCATIONAL SERVICE AGENCIES.— 
The term includes educational service agencies 
and consortia of those agencies. 
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‘‘(E) STATE
EDUCATIONAL
AGENCY.—The 
term includes the State educational agency in a 
State in which the State educational agency is 
the sole educational agency for all public schools. 
‘‘(29) NATIVE AMERICAN AND NATIVE AMERICAN 
LANGUAGE.—The terms ‘Native American’ and ‘Na-
tive American language’ have the same meaning given 
those terms in section 103 of the Native American 
Languages Act of 1990. 
‘‘(30) OTHER
STAFF.—The term ‘other staff’ 
means specialized instructional support personnel, li-
brarians, career guidance and counseling personnel, 
education aides, and other instructional and adminis-
trative personnel. 
‘‘(31) OUTLYING
AREA.—The term ‘outlying 
area’— 
‘‘(A) means American Samoa, the Common-
wealth of the Northern Mariana Islands, Guam, 
and the United States Virgin Islands; 
‘‘(B) means the Republic of Palau, to the 
extent permitted under section 105(f)(1)(B)(ix) 
of the Compact of Free Association Amendments 
Act of 2003 (Public Law 99–658; 117 Stat. 
2751) and until an agreement for the extension 
of United States education assistance under the 
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Compact of Free Association becomes effective for 
the Republic of Palau; and 
‘‘(C) for the purpose of any discretionary 
grant program under this Act, includes the Re-
public of the Marshall Islands and the Federated 
States of Micronesia, to the extent permitted 
under section 105(f)(1)(B)(viii) of the Compact 
of Free Association Amendments Act of 2003 
(Public Law 108–188; 117 Stat. 2751). 
‘‘(32) PARENT.—The term ‘parent’ includes a 
legal guardian or other person standing in loco 
parentis (such as a grandparent, stepparent, or foster 
parent with whom the child lives, or a person who is 
legally responsible for the child’s welfare). 
‘‘(33) PARENTAL INVOLVEMENT.—The term ‘pa-
rental involvement’ means the participation of par-
ents in regular, two-way, and meaningful commu-
nication involving student academic learning and 
other school activities, including ensuring— 
‘‘(A) that parents play an integral role in 
assisting in their child’s learning; 
‘‘(B) that parents are encouraged to be ac-
tively involved in their child’s education at 
school; 
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‘‘(C) that parents are full partners in their 
child’s education and are included, as appro-
priate, in decisionmaking and on advisory com-
mittees to assist in the education of their child; 
and 
‘‘(D) the carrying out of other activities, 
such as those described in section 1118. 
‘‘(34) POVERTY LINE.—The term ‘poverty line’ 
means the poverty line (as defined by the Office of 
Management and Budget and revised annually in ac-
cordance with section 673(2) of the Community Serv-
ices Block Grant Act) applicable to a family of the 
size involved. 
‘‘(35) PROFESSIONAL DEVELOPMENT.—The term 
‘professional development’— 
‘‘(A) includes evidence-based, job-embedded, 
continuous activities that— 
‘‘(i) improve and increase teachers’ 
knowledge of the academic subjects the 
teachers teach, and enable teachers to be-
come effective educators; 
‘‘(ii) are an integral part of broad 
schoolwide and districtwide educational im-
provement plans; 
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‘‘(iii) give teachers, school leaders, 
other staff, and administrators the knowl-
edge and skills to provide students with the 
opportunity to meet State academic stand-
ards; 
‘‘(iv) improve classroom management 
skills; 
‘‘(v)(I) have a positive and lasting im-
pact on classroom instruction and the 
teacher’s performance in the classroom; and 
‘‘(II) are not 1-day or short-term work-
shops or conferences; 
‘‘(vi) support the recruiting, hiring, 
and training of effective teachers, including 
teachers who became certified or licensed 
through State and local alternative routes to 
certification; 
‘‘(vii) advance teacher understanding 
of effective instructional strategies that are 
strategies for improving student academic 
achievement or substantially increasing the 
knowledge and teaching skills of teachers, 
including through addressing the social and 
emotional development needs of students; 
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‘‘(viii) are aligned with and directly 
related to— 
‘‘(I) State academic standards 
and assessments; and 
‘‘(II) the curricula and programs 
tied to the standards described in sub-
clause (I); 
‘‘(ix) are developed with extensive par-
ticipation of teachers, school leaders, par-
ents, and administrators of schools to be 
served under this Act; 
‘‘(x) are designed to give teachers of 
English learners and other teachers and in-
structional staff, the knowledge and skills to 
provide instruction and appropriate lan-
guage and academic support services to 
those children, including the appropriate 
use of curricula and assessments; 
‘‘(xi) to the extent appropriate, provide 
training for teachers, other staff, and school 
leaders in the use of technology so that tech-
nology and technology applications are ef-
fectively used to improve teaching and 
learning in the curricula and core academic 
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subjects in which the students receive in-
struction; 
‘‘(xii) as a whole, are regularly evalu-
ated for their impact on increased teacher 
effectiveness and improved student academic 
achievement, with the findings of the eval-
uations used to improve the quality of the 
professional development; 
‘‘(xiii) provide instruction in methods 
of teaching children with special needs; 
‘‘(xiv) include instruction in the use of 
data and assessments to inform and in-
struct classroom practice; and 
‘‘(xv) include instruction in ways that 
teachers, school leaders, specialized instruc-
tional support personnel, other staff, and 
school administrators may work more effec-
tively with parents; and 
‘‘(B) may include evidence-based, job-em-
bedded, continuous activities that— 
‘‘(i) involve the forming of partner-
ships with institutions of higher education 
to establish school-based teacher training 
programs that provide prospective teachers 
and new teachers with an opportunity to 
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work under the guidance of experienced 
teachers and college faculty; 
‘‘(ii) create programs to enable para-
professionals (assisting teachers employed 
by a local educational agency receiving as-
sistance under subpart 1 of part A of title 
I) to obtain the education necessary for 
those paraprofessionals to become certified 
and licensed teachers; and 
‘‘(iii) provide follow-up training to in-
dividuals who have participated in activi-
ties described in subparagraph (A) or an-
other clause of this subparagraph that are 
designed to ensure that the knowledge and 
skills learned by the teachers are imple-
mented in the classroom. 
‘‘(36) REGULAR HIGH SCHOOL DIPLOMA.— 
‘‘(A) IN GENERAL.—The term ‘regular high 
school diploma’ means the standard high school 
diploma awarded to the preponderance of stu-
dents in the State that is fully aligned with 
State standards, or a higher diploma. Such term 
shall not include a GED or other recognized 
equivalent of a diploma, a certificate of attend-
ance, or any lesser diploma award. 
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504 
‘‘(B) EXCEPTION FOR STUDENTS WITH SIG-
NIFICANT COGNITIVE DISABILITIES.—For a stu-
dent who is assessed using an alternate assess-
ment aligned to alternate academic standards 
under section 1111(b)(1)(D), receipt of a regular 
high school diploma as defined under subpara-
graph (A) or a State-defined alternate diploma 
obtained within the time period for which the 
State ensures the availability of a free appro-
priate public education and in accordance with 
section 612(a)(1) of the Individuals with Dis-
abilities Education Act shall be counted as grad-
uating with a regular high school diploma for 
the purposes of this Act. 
‘‘(37) SCHOOL LEADER.—The term ‘school lead-
er’ means a principal, assistant principal, or other 
individual who is— 
‘‘(A) an employee or officer of a school, local 
educational agency, or other entity operating the 
school; and 
‘‘(B) responsible for— 
‘‘(i) the daily instructional leadership 
and managerial operations of the school; 
and 
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‘‘(ii) creating the optimum conditions 
for student learning. 
‘‘(38) SECONDARY
SCHOOL.—The term ‘sec-
ondary school’ means a nonprofit institutional day or 
residential school, including a public secondary char-
ter school, that provides secondary education, as de-
termined under State law, except that the term does 
not include any education beyond grade 12. 
‘‘(39) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Education. 
‘‘(40) SPECIALIZED
INSTRUCTIONAL
SUPPORT 
PERSONNEL; SPECIALIZED INSTRUCTIONAL SUPPORT 
SERVICES.— 
‘‘(A) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT
PERSONNEL.—The term ‘specialized in-
structional support personnel’ means school 
counselors, school social workers, school psycholo-
gists, and other qualified professional personnel 
involved in providing assessment, diagnosis, 
counseling, educational, therapeutic, and other 
necessary services (including related services as 
that term is defined in section 602 of the Indi-
viduals with Disabilities Education Act) as part 
of a comprehensive program to meet student 
needs. 
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506 
‘‘(B) SPECIALIZED
INSTRUCTIONAL
SUP-
PORT SERVICES.—The term ‘specialized instruc-
tional support services’ means the services pro-
vided by specialized instructional support per-
sonnel. 
‘‘(41) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas. 
‘‘(42) STATE EDUCATIONAL AGENCY.—The term 
‘State educational agency’ means the agency pri-
marily responsible for the State supervision of public 
elementary schools and secondary schools. 
‘‘(43) 
TECHNOLOGY.—The 
term 
‘technology’ 
means modern information, computer and commu-
nication technology products, services, or tools, in-
cluding, but not limited to, the Internet and other 
communications networks, computer devices and other 
computer and communications hardware, software 
applications, data systems, and other electronic con-
tent and data storage. 
‘‘SEC. 6102. APPLICABILITY OF TITLE. 
‘‘Parts B, C, D, and E of this title do not apply to 
title IV of this Act. 
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‘‘SEC. 6103. APPLICABILITY TO BUREAU OF INDIAN EDU-
CATION OPERATED SCHOOLS. 
‘‘For the purpose of any competitive program under 
this Act— 
‘‘(1) a consortium of schools operated by the Bu-
reau of Indian Education; 
‘‘(2) a school operated under a contract or grant 
with the Bureau of Indian Education in consortium 
with another contract or grant school or a tribal or 
community organization; or 
‘‘(3) a Bureau of Indian Education school in 
consortium with an institution of higher education, a 
contract or grant school, or a tribal or community or-
ganization, 
shall be given the same consideration as a local educational 
agency. 
‘‘PART B—FLEXIBILITY IN THE USE OF 
ADMINISTRATIVE AND OTHER FUNDS 
‘‘SEC. 6201. CONSOLIDATION OF STATE ADMINISTRATIVE 
FUNDS FOR ELEMENTARY AND SECONDARY 
EDUCATION PROGRAMS. 
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
may consolidate the amounts specifically made avail-
able to it for State administration under one or more 
of the programs under paragraph (2). 
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‘‘(2) APPLICABILITY.—This section applies to 
any program under this Act under which funds are 
authorized to be used for administration, and such 
other programs as the Secretary may designate. 
‘‘(b) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency 
shall use the amount available under this section for 
the administration of the programs included in the 
consolidation under subsection (a). 
‘‘(2) ADDITIONAL
USES.—A State educational 
agency may also use funds available under this sec-
tion for administrative activities designed to enhance 
the effective and coordinated use of funds under pro-
grams included in the consolidation under subsection 
(a), such as— 
‘‘(A) the coordination of those programs 
with other Federal and non-Federal programs; 
‘‘(B) the establishment and operation of 
peer-review mechanisms under this Act; 
‘‘(C) the administration of this title; 
‘‘(D) the dissemination of information re-
garding model programs and practices; 
‘‘(E) technical assistance under any pro-
gram under this Act; 
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‘‘(F) State-level activities designed to carry 
out this title; 
‘‘(G) training personnel engaged in audit 
and other monitoring activities; and 
‘‘(H) implementation of the Cooperative 
Audit Resolution and Oversight Initiative of the 
Department. 
‘‘(c) RECORDS.—A State educational agency that con-
solidates administrative funds under this section shall not 
be required to keep separate records, by individual program, 
to account for costs relating to the administration of pro-
grams included in the consolidation under subsection (a). 
‘‘(d) REVIEW.—To determine the effectiveness of State 
administration under this section, the Secretary may peri-
odically review the performance of State educational agen-
cies in using consolidated administrative funds under this 
section and take such steps as the Secretary finds appro-
priate to ensure the effectiveness of that administration. 
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State 
educational agency does not use all of the funds available 
to the agency under this section for administration, the 
agency may use those funds during the applicable period 
of availability as funds available under one or more pro-
grams included in the consolidation under subsection (a). 
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‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND 
ASSESSMENT DEVELOPMENT.—In order to develop State 
academic standards and assessments, a State educational 
agency may consolidate the amounts described in subsection 
(a) for those purposes under title I. 
‘‘SEC. 6202. SINGLE LOCAL EDUCATIONAL AGENCY STATES. 
‘‘A State educational agency that also serves as a local 
educational agency shall, in its applications or plans under 
this Act, describe how the agency will eliminate duplication 
in conducting administrative functions. 
‘‘SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
ISTRATION. 
‘‘(a) GENERAL AUTHORITY.—In accordance with regu-
lations of the Secretary and for any fiscal year, a local edu-
cational agency, with the approval of its State educational 
agency, may consolidate and use for the administration of 
one or more programs under this Act (or such other pro-
grams as the Secretary shall designate) not more than the 
percentage, established in each program, of the total avail-
able for the local educational agency under those programs. 
‘‘(b) STATE PROCEDURES.—A State educational agen-
cy shall, in collaboration with local educational agencies 
in the State, establish procedures for responding to requests 
from local educational agencies to consolidate administra-
tive funds under subsection (a) and for establishing limita-
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tions on the amount of funds under those programs that 
may be used for administration on a consolidated basis. 
‘‘(c) CONDITIONS.—A local educational agency that 
consolidates administrative funds under this section for any 
fiscal year shall not use any other funds under the programs 
included in the consolidation for administration for that 
fiscal year. 
‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu-
cational agency that consolidates administrative funds 
under this section may use the consolidated funds for the 
administration of the programs and for uses, at the school 
district and school levels, comparable to those described in 
section 6201(b)(2). 
‘‘(e) RECORDS.—A local educational agency that con-
solidates administrative funds under this section shall not 
be required to keep separate records, by individual program, 
to account for costs relating to the administration of the 
programs included in the consolidation. 
‘‘SEC. 6204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT 
OF THE INTERIOR FUNDS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) TRANSFER.—The Secretary shall transfer to 
the Department of the Interior, as a consolidated 
amount for covered programs, the Indian education 
programs under part A of title V, and the education 
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for homeless children and youth program under sub-
title B of title VII of the McKinney-Vento Homeless 
Assistance Act, the amounts allotted to the Depart-
ment of the Interior under those programs. 
‘‘(2) AGREEMENT.— 
‘‘(A) IN GENERAL.—The Secretary and the 
Secretary of the Interior shall enter into an 
agreement, consistent with the requirements of 
the programs specified in paragraph (1), for the 
distribution and use of those program funds 
under terms that the Secretary determines best 
meet the purposes of those programs. 
‘‘(B) CONTENTS.—The agreement shall— 
‘‘(i) set forth the plans of the Secretary 
of the Interior for the use of the amount 
transferred and the achievement measures to 
assess program effectiveness; and 
‘‘(ii) be developed in consultation with 
Indian tribes. 
‘‘(b) ADMINISTRATION.—The Department of the Inte-
rior may use not more than 1.5 percent of the funds consoli-
dated under this section for its costs related to the adminis-
tration of the funds transferred under this section. 
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‘‘PART C—COORDINATION OF PROGRAMS; CON-
SOLIDATED STATE AND LOCAL PLANS AND 
APPLICATIONS 
‘‘SEC. 6301. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to improve teaching and learning by en-
couraging greater cross-program coordination, plan-
ning, and service delivery; 
‘‘(2) to provide greater flexibility to State and 
local authorities through consolidated plans, applica-
tions, and reporting; and 
‘‘(3) to enhance the integration of programs 
under this Act with State and local programs. 
‘‘SEC. 6302. OPTIONAL CONSOLIDATED STATE PLANS OR AP-
PLICATIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) SIMPLIFICATION.—In order to simplify ap-
plication requirements and reduce the burden for 
State educational agencies under this Act, the Sec-
retary, in accordance with subsection (b), shall estab-
lish procedures and criteria under which, after con-
sultation with the Governor, a State educational 
agency may submit a consolidated State plan or a 
consolidated State application meeting the require-
ments of this section for— 
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‘‘(A) each of the covered programs in which 
the State participates; and 
‘‘(B) such other programs as the Secretary 
may designate. 
‘‘(2) 
CONSOLIDATED
APPLICATIONS
AND 
PLANS.—After consultation with the Governor, a 
State educational agency that submits a consolidated 
State plan or a consolidated State application under 
this section shall not be required to submit separate 
State plans or applications under any of the pro-
grams to which the consolidated State plan or consoli-
dated State application under this section applies. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall col-
laborate with State educational agencies and, as ap-
propriate, with other State agencies, local educational 
agencies, public and private agencies, organizations, 
and institutions, private schools, and parents, stu-
dents, and teachers. 
‘‘(2) 
CONTENTS.—Through 
the 
collaborative 
process described in paragraph (1), the Secretary 
shall establish, for each program under this Act to 
which this section applies, the descriptions, informa-
tion, assurances, and other material required to be in-
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cluded in a consolidated State plan or consolidated 
State application. 
‘‘(3) NECESSARY
MATERIALS.—The Secretary 
shall require only descriptions, information, assur-
ances (including assurances of compliance with appli-
cable provisions regarding participation by private 
school children and teachers), and other materials 
that are absolutely necessary for the consideration of 
the consolidated State plan or consolidated State ap-
plication. 
‘‘SEC. 6303. CONSOLIDATED REPORTING. 
‘‘(a) IN GENERAL.—In order to simplify reporting re-
quirements and reduce reporting burdens, the Secretary 
shall establish procedures and criteria under which a State 
educational agency, in consultation with the Governor of 
the State, may submit a consolidated State annual report. 
‘‘(b) CONTENTS.—The report shall contain informa-
tion about the programs included in the report, including 
the performance of the State under those programs, and 
other matters as the Secretary determines are necessary, 
such as monitoring activities. 
‘‘(c) REPLACEMENT.—The report shall replace sepa-
rate individual annual reports for the programs included 
in the consolidated State annual report. 
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‘‘SEC. 6304. GENERAL APPLICABILITY OF STATE EDU-
CATIONAL AGENCY ASSURANCES. 
‘‘(a) ASSURANCES.—A State educational agency, in 
consultation with the Governor of the State, that submits 
a consolidated State plan or consolidated State application 
under this Act, whether separately or under section 6302, 
shall have on file with the Secretary a single set of assur-
ances, applicable to each program for which the plan or 
application is submitted, that provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under each 
such program and title to property acquired with 
program funds will be in a public agency, an eligible 
private agency, institution, or organization, or an In-
dian tribe, if the law authorizing the program pro-
vides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister those funds and property to the extent re-
quired by the authorizing law; 
‘‘(3) the State will adopt and use proper methods 
of administering each such program, including— 
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
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tions, and other recipients responsible for car-
rying out each program; 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; and 
‘‘(C) the adoption of written procedures for 
the receipt and resolution of complaints alleging 
violations of law in the administration of the 
programs; 
‘‘(4) the State will cooperate in carrying out any 
evaluation of each such program conducted by or for 
the Secretary or other Federal officials; 
‘‘(5) the State will use such fiscal control and 
fund accounting procedures that will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to the State under each such program; 
‘‘(6) the State will— 
‘‘(A) make reports to the Secretary as may 
be necessary to enable the Secretary to perform 
the Secretary’s duties under each such program; 
and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford such ac-
cess to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and 
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‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State afforded a reason-
able opportunity for public comment on the plan or 
application and considered such comment. 
‘‘(b) GEPA PROVISION.—Section 441 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘SEC. 6305. CONSOLIDATED LOCAL PLANS OR APPLICA-
TIONS. 
‘‘(a) GENERAL AUTHORITY.— 
‘‘(1) CONSOLIDATED PLAN.—A local educational 
agency receiving funds under more than one covered 
program may submit plans or applications to the 
State educational agency under those programs on a 
consolidated basis. 
‘‘(2) AVAILABILITY
TO
GOVERNOR.—The State 
educational agency shall make any consolidated local 
plans and applications available to the Governor. 
‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA-
TIONS.—A State educational agency that has an approved 
consolidated State plan or application under section 6302 
may require local educational agencies in the State receiv-
ing funds under more than one program included in the 
consolidated State plan or consolidated State application 
to submit consolidated local plans or applications under 
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those programs, but may not require those agencies to sub-
mit separate plans. 
‘‘(c) COLLABORATION.—A State educational agency, in 
consultation with the Governor, shall collaborate with local 
educational agencies in the State in establishing procedures 
for the submission of the consolidated State plans or consoli-
dated State applications under this section. 
‘‘(d) NECESSARY MATERIALS.—The State educational 
agency shall require only descriptions, information, assur-
ances, and other material that are absolutely necessary for 
the consideration of the local educational agency plan or 
application. 
‘‘SEC. 6306. OTHER GENERAL ASSURANCES. 
‘‘(a) ASSURANCES.—Any applicant, other than a State 
educational agency that submits a plan or application 
under this Act, shall have on file with the State educational 
agency a single set of assurances, applicable to each pro-
gram for which a plan or application is submitted, that 
provides that— 
‘‘(1) each such program will be administered in 
accordance with all applicable statutes, regulations, 
program plans, and applications; 
‘‘(2)(A) the control of funds provided under each 
such program and title to property acquired with 
program funds will be in a public agency or in an 
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eligible private agency, institution, organization, or 
Indian tribe, if the law authorizing the program pro-
vides for assistance to those entities; and 
‘‘(B) the public agency, eligible private agency, 
institution, or organization, or Indian tribe will ad-
minister the funds and property to the extent required 
by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, includ-
ing— 
‘‘(A) the enforcement of any obligations im-
posed by law on agencies, institutions, organiza-
tions, and other recipients responsible for car-
rying out each program; and 
‘‘(B) the correction of deficiencies in pro-
gram operations that are identified through au-
dits, monitoring, or evaluation; 
‘‘(4) the applicant will cooperate in carrying out 
any evaluation of each such program conducted by or 
for the State educational agency, the Secretary, or 
other Federal officials; 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure proper 
disbursement of, and accounting for, Federal funds 
paid to the applicant under each such program; 
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‘‘(6) the applicant will— 
‘‘(A) submit such reports to the State edu-
cational agency (which shall make the reports 
available to the Governor) and the Secretary as 
the State educational agency and Secretary may 
require to enable the State educational agency 
and the Secretary to perform their duties under 
each such program; and 
‘‘(B) maintain such records, provide such 
information, and afford such access to the 
records as the State educational agency (after 
consultation with the Governor) or the Secretary 
may reasonably require to carry out the State 
educational agency’s or the Secretary’s duties; 
and 
‘‘(7) before the application was submitted, the 
applicant afforded a reasonable opportunity for pub-
lic comment on the application and considered such 
comment. 
‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
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‘‘PART D—WAIVERS 
‘‘SEC. 6401. WAIVERS OF STATUTORY AND REGULATORY RE-
QUIREMENTS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUEST
FOR
WAIVER.—A State edu-
cational agency, local educational agency, or Indian 
tribe that receives funds under a program authorized 
under this Act may submit a request to the Secretary 
to waive any statutory or regulatory requirement of 
this Act. 
‘‘(2) RECEIPT OF WAIVER.—Except as provided 
in subsection (c) and subject to the limits in sub-
section (b)(5)(A), the Secretary shall waive any statu-
tory or regulatory requirement of this Act for a State 
educational agency, local educational agency, Indian 
tribe, or school (through a local educational agency), 
that submits a waiver request pursuant to this sub-
section. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agency, 
local educational agency, or Indian tribe that desires 
a waiver under this section shall submit a waiver re-
quest to the Secretary, which shall include a plan 
that— 
‘‘(A) identifies the Federal programs af-
fected by the requested waiver; 
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‘‘(B) describes which Federal statutory or 
regulatory requirements are to be waived; 
‘‘(C) reasonably demonstrates that the waiv-
er will improve instruction for students and ad-
vance student academic achievement; 
‘‘(D) describes the methods the State edu-
cational agency, local educational agency, or In-
dian tribe will use to monitor the effectiveness of 
the implementation of the plan; and 
‘‘(E) describes how schools will continue to 
provide assistance to the same populations served 
by programs for which the waiver is requested. 
‘‘(2) ADDITIONAL INFORMATION.—A waiver re-
quest under this section— 
‘‘(A) may provide for waivers of require-
ments applicable to State educational agencies, 
local educational agencies, Indian tribes, and 
schools; and 
‘‘(B) shall be developed and submitted— 
‘‘(i)(I) by local educational agencies 
(on behalf of those agencies and schools) to 
State educational agencies; and 
‘‘(II) by State educational agencies (on 
their own behalf, or on behalf of, and based 
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‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a local 
educational agency that receives funds under this 
Act— 
‘‘(i) the request shall be reviewed by the 
State educational agency and be accom-
panied by the comments, if any, of the State 
educational agency and the public; and 
‘‘(ii) notice and a reasonable oppor-
tunity to comment regarding the waiver re-
quest shall be provided to the State edu-
cational agency and the public by the agen-
cy requesting the waiver in the manner in 
which that agency customarily provides 
similar notice and opportunity to comment 
to the public. 
‘‘(4) PEER REVIEW.— 
‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish a multi-disciplinary peer review team, 
which shall meet the requirements of section 
6543, to review waiver requests under this sec-
tion. 
‘‘(B) APPLICABILITY.—The Secretary may 
approve a waiver request under this section 
without conducting a peer review of the request, 
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but shall use the peer review process under this 
paragraph before disapproving such a request. 
‘‘(C) STANDARD AND NATURE OF REVIEW.— 
Peer reviewers shall conduct a good faith review 
of waiver requests submitted to them under this 
section. Peer reviewers shall review such waiver 
requests— 
‘‘(i) in their totality; 
‘‘(ii) in deference to State and local 
judgment; and 
‘‘(iii) with the goal of promoting State- 
and local-led innovation. 
‘‘(5) WAIVER DETERMINATION, DEMONSTRATION, 
AND REVISION.— 
‘‘(A) IN GENERAL.—The Secretary shall ap-
prove a waiver request not more than 60 days 
after the date on which such request is submitted, 
unless the Secretary determines and dem-
onstrates that— 
‘‘(i) the waiver request does not meet 
the requirements of this section; 
‘‘(ii) the waiver is not permitted under 
subsection (c); 
‘‘(iii) the plan that is required under 
paragraph (1)(C), and reviewed with def-
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erence to State and local judgment, provides 
no reasonable evidence to determine that a 
waiver will enhance student academic 
achievement; or 
‘‘(iv) the waiver request does not pro-
vide for adequate evaluation to ensure re-
view and continuous improvement of the 
plan. 
‘‘(B) WAIVER
DETERMINATION
AND
REVI-
SION.—If the Secretary determines and dem-
onstrates that the waiver request does not meet 
the requirements of this section, the Secretary 
shall— 
‘‘(i) immediately— 
‘‘(I) notify the State educational 
agency, local educational agency, or 
Indian tribe of such determination; 
and 
‘‘(II) at the request of the State 
educational agency, local educational 
agency, or Indian tribe, provide de-
tailed reasons for such determination 
in writing; 
‘‘(ii) offer the State educational agen-
cy, local educational agency, or Indian tribe 
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an opportunity to revise and resubmit the 
waiver request not more than 60 days after 
the date of such determination; and 
‘‘(iii) if the Secretary determines that 
the resubmission does not meet the require-
ments of this section, at the request of the 
State educational agency, local educational 
agency, or Indian tribe, conduct a public 
hearing not more than 30 days after the 
date of such resubmission. 
‘‘(C) WAIVER DISAPPROVAL.—The Secretary 
may disapprove a waiver request if— 
‘‘(i) the State educational agency, local 
educational agency, or Indian tribe has 
been notified and offered an opportunity to 
revise and resubmit the waiver request, as 
described under clauses (i) and (ii) of sub-
paragraph (B); and 
‘‘(ii) the State educational agency, 
local educational agency, or Indian tribe— 
‘‘(I) does not revise and resubmit 
the waiver request; or 
‘‘(II) revises and resubmits the 
waiver request, and the Secretary de-
termines that such waiver request does 
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not meet the requirements of this sec-
tion after a hearing conducted under 
subparagraph (B)(iii), if requested. 
‘‘(D) EXTERNAL
CONDITIONS.—The Sec-
retary shall not, directly or indirectly, require or 
impose new or additional requirements in ex-
change for receipt of a waiver if such require-
ments are not specified in this Act. 
‘‘(c) RESTRICTIONS.—The Secretary shall not waive 
under this section any statutory or regulatory requirements 
relating to— 
‘‘(1) the allocation or distribution of funds to 
States, local educational agencies, Indian tribes, or 
other recipients of funds under this Act; 
‘‘(2) comparability of services; 
‘‘(3) use of Federal funds to supplement, not sup-
plant, non-Federal funds; 
‘‘(4) equitable participation of private school stu-
dents and teachers; 
‘‘(5) parental participation and involvement; 
‘‘(6) applicable civil rights requirements; 
‘‘(7) the prohibitions— 
‘‘(A) in subpart 2 of part E; 
‘‘(B) regarding use of funds for religious 
worship or instruction in section 6505; and 
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‘‘(C) regarding activities in section 6524; or 
‘‘(8) the selection of a school attendance area or 
school under subsections (a) and (b) of section 1113, 
except that the Secretary may grant a waiver to allow 
a school attendance area or school to participate in 
activities under subpart 1 of part A of title I if the 
percentage of children from low-income families in 
the school attendance area or who attend the school is 
not more than 10 percentage points below the lowest 
percentage of those children for any school attendance 
area or school of the local educational agency that 
meets the requirements of subsections (a) and (b) of 
section 1113. 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMITA-
TIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a waiver approved by the Secretary under 
this section may be for a period not to exceed 3 years. 
‘‘(2) EXTENSION.—The Secretary may extend the 
period described in paragraph (1) if the State dem-
onstrates that— 
‘‘(A) the waiver has been effective in ena-
bling the State or affected recipient to carry out 
the activities for which the waiver was requested 
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531 
and the waiver has contributed to improved stu-
dent achievement; and 
‘‘(B) the extension is in the public interest. 
‘‘(3) SPECIFIC
LIMITATIONS.—The Secretary 
shall not require a State educational agency, local 
educational agency, or Indian tribe, as a condition of 
approval of a waiver request, to— 
‘‘(A) include in, or delete from, such request, 
specific academic standards, such as the Com-
mon Core State Standards developed under the 
Common Core State Standards Initiative or any 
other standards common to a significant number 
of States; 
‘‘(B) use specific academic assessment in-
struments 
or 
items, 
including 
assessments 
aligned to the standards described in subpara-
graph (A); or 
‘‘(C) include in, or delete from, such waiver 
request any criterion that specifies, defines, de-
scribes, or prescribes the standards or measures 
that a State or local educational agency or In-
dian tribe uses to establish, implement, or im-
prove— 
‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
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‘‘(iii) State accountability systems; or 
‘‘(iv) teacher and school leader evalua-
tion systems. 
‘‘(e) REPORTS.— 
‘‘(1) WAIVER
REPORTS.—A State educational 
agency, local educational agency, or Indian tribe that 
receives a waiver under this section shall, at the end 
of the second year for which a waiver is received 
under this section and each subsequent year, submit 
a report to the Secretary that— 
‘‘(A) describes the uses of the waiver by the 
agency or by schools; 
‘‘(B) describes how schools continued to pro-
vide assistance to the same populations served by 
the programs for which waivers were granted; 
and 
‘‘(C) evaluates the progress of the agency 
and schools, or Indian tribe, in improving the 
quality of instruction or the academic achieve-
ment of students. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall annually submit to the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, and 
Pensions of the Senate a report— 
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533 
‘‘(A) summarizing the uses of waivers by 
State educational agencies, local educational 
agencies, Indian tribes, and schools; and 
‘‘(B) describing the status of the waivers in 
improving academic achievement. 
‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall 
terminate a waiver under this section if the Secretary deter-
mines, after notice and an opportunity for a hearing, that 
the performance of the State or other recipient affected by 
the waiver has been inadequate to justify a continuation 
of the waiver and the recipient of the waiver has failed to 
make revisions needed to carry out the purpose of the waiv-
er, or if the waiver is no longer necessary to achieve its 
original purpose. 
‘‘(g) PUBLICATION.—A notice of the Secretary’s deci-
sion to grant each waiver under subsection (a) shall be pub-
lished in the Federal Register and the Secretary shall pro-
vide for the dissemination of the notice to State educational 
agencies, interested parties, including educators, parents, 
students, advocacy and civil rights organizations, and the 
public. 
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534 
‘‘PART E—UNIFORM PROVISIONS 
‘‘Subpart 1—Private Schools 
‘‘SEC. 6501. PARTICIPATION BY PRIVATE SCHOOL CHIL-
DREN AND TEACHERS. 
‘‘(a) PRIVATE SCHOOL PARTICIPATION.— 
‘‘(1) IN GENERAL.—Except as otherwise provided 
in this Act, to the extent consistent with the number 
of eligible children in areas served by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or an-
other entity receiving financial assistance under a 
program specified in subsection (b), who are enrolled 
in private elementary schools and secondary schools 
in areas served by such agency, consortium, or entity, 
the agency, consortium, or entity shall, after timely 
and meaningful consultation with appropriate pri-
vate school officials or their representatives, provide to 
those children and their teachers or other educational 
personnel, on an equitable basis, special educational 
services or other benefits that address their needs 
under the program. 
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL 
SERVICES
OR
BENEFITS.—Educational services or 
other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
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‘‘(3) SPECIAL RULE.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits provided under this section for 
private school children, teachers, and other edu-
cational personnel shall be equitable in compari-
son to services and other benefits for public 
school children, teachers, and other educational 
personnel participating in the program and 
shall be provided in a timely manner. 
‘‘(B) OMBUDSMAN.—To help ensure equi-
table services are provided to private school chil-
dren, teachers, and other educational personnel 
under this section, the State educational agency 
involved shall designate the ombudsman des-
ignated 
by 
the 
agency 
under 
section 
1120(a)(3)(B) to monitor and enforce require-
ments of this section. 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for edu-
cational services and other benefits to eligible 
private school children, teachers, and other serv-
ice personnel shall be equal to the expenditures 
for participating public school children, taking 
into account the number and educational needs, 
of the children to be served. 
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‘‘(B) OBLIGATION OF FUNDS.—Funds allo-
cated to a local educational agency for edu-
cational services and other benefits to eligible 
private school children shall— 
‘‘(i) be obligated in the fiscal year for 
which the funds are received by the agency; 
and 
‘‘(ii) with respect to any such funds 
that cannot be so obligated, be used to serve 
such children in the following fiscal year. 
‘‘(C) NOTICE OF ALLOCATION.—Each State 
educational agency shall— 
‘‘(i) determine, in a timely manner, 
the proportion of funds to be allocated to 
each local educational agency in the State 
for educational services and other benefits 
under this subpart to eligible private school 
children; and 
‘‘(ii) provide notice, simultaneously, to 
each such local educational agency and the 
appropriate private school officials or their 
representatives in the State of such alloca-
tion of funds. 
‘‘(5) PROVISION OF SERVICES.—An agency, con-
sortium, or entity described in subsection (a)(1) of 
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this section may provide those services directly or 
through contracts with public and private agencies, 
organizations, and institutions. 
‘‘(b) APPLICABILITY.— 
‘‘(1) IN GENERAL.—This section applies to pro-
grams under— 
‘‘(A) subpart 2 of part A of title I; 
‘‘(B) subpart 4 of part A of title I; 
‘‘(C) part A of title II; 
‘‘(D) part B of title II; and 
‘‘(E) part B of title III. 
‘‘(2) DEFINITION.—For the purpose of this sec-
tion, the term ‘eligible children’ means children eligi-
ble for services under a program described in para-
graph (1). 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a State educational agency, local 
educational agency, educational service agency, con-
sortium of those agencies, or entity shall consult, in 
order to reach an agreement, with appropriate pri-
vate school officials or their representatives during the 
design and development of the programs under this 
Act, on issues such as— 
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‘‘(A) how the children’s needs will be identi-
fied; 
‘‘(B) what services will be offered; 
‘‘(C) how, where, and by whom the services 
will be provided; 
‘‘(D) how the services will be assessed and 
how the results of the assessment will be used to 
improve those services; 
‘‘(E) the size and scope of the equitable serv-
ices to be provided to the eligible private school 
children, teachers, and other educational per-
sonnel, the proportion of funds that are allocated 
for such services, how that proportion of funds is 
determined, and an itemization of the costs of 
the services to be provided; 
‘‘(F) how and when the agency, consortium, 
or entity will make decisions about the delivery 
of services, including a thorough consideration 
and analysis of the views of the private school of-
ficials or their representatives on the provision of 
services through potential third-party providers 
or contractors; 
‘‘(G) how, if the agency disagrees with the 
views of the private school officials or their rep-
resentatives on the provision of services through 
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a contract, the local educational agency will pro-
vide in writing to such private school officials or 
their representatives an analysis of the reasons 
why the local educational agency has chosen not 
to use a contractor; 
‘‘(H) whether the agency will provide serv-
ices under this section directly or through con-
tracts with public or private agencies, organiza-
tions, or institutions; and 
‘‘(I) whether to provide equitable services to 
eligible private school children— 
‘‘(i) by creating a pool or pools of 
funds with all of the funds allocated under 
subsection (a)(4) based on all the children 
from low-income families who attend pri-
vate schools in a participating school at-
tendance area from which the local edu-
cational agency will provide such services to 
all such children; or 
‘‘(ii) by providing such services to eli-
gible children in each private school in the 
local educational agency’s participating 
school attendance area with the proportion 
of funds allocated under subsection (a)(4) 
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based on the number of children from low- 
income families who attend such school. 
‘‘(2) DISAGREEMENT.—If the agency, consor-
tium, or entity disagrees with the views of the private 
school officials or their representatives with respect to 
an issue described in paragraph (1), the agency, con-
sortium, or entity shall provide to the private school 
officials or their representatives a written explanation 
of the reasons why the local educational agency has 
chosen not to adopt the course of action requested by 
such officials or their representatives. 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the op-
portunities of eligible private school children, teachers, 
and other educational personnel to participate in pro-
grams under this Act, and shall continue throughout 
the implementation and assessment of activities under 
this section. 
‘‘(4) DISCUSSION REQUIRED.—The consultation 
required by paragraph (1) shall include a discussion 
of service delivery mechanisms that the agency, con-
sortium, or entity could use to provide equitable serv-
ices to eligible private school children, teachers, ad-
ministrators, and other staff. 
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541 
‘‘(5) DOCUMENTATION.—Each local educational 
agency shall maintain in the agency’s records and 
provide to the State educational agency involved a 
written affirmation signed by officials or their rep-
resentatives of each participating private school that 
the meaningful consultation required by this section 
has occurred. The written affirmation shall provide 
the option for private school officials or their rep-
resentatives to indicate that timely and meaningful 
consultation has not occurred or that the program de-
sign is not equitable with respect to eligible private 
school children. If such officials or their representa-
tives do not provide such affirmation within a rea-
sonable period of time, the local educational agency 
shall forward the documentation that such consulta-
tion has, or attempts at such consultation have, taken 
place to the State educational agency. 
‘‘(6) COMPLIANCE.— 
‘‘(A) IN GENERAL.—If the consultation re-
quired under this section is with a local edu-
cational agency or educational service agency, a 
private school official or representative shall 
have the right to file a complaint with the State 
educational agency that the consultation re-
quired under this section was not meaningful 
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542 
and timely, did not give due consideration to the 
views of the private school official or representa-
tive, or did not treat the private school or its stu-
dents equitably as required by this section. 
‘‘(B) PROCEDURE.—If the private school of-
ficial or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompliance 
with this section and all parties shall provide the 
appropriate documentation to the appropriate 
officials or representatives. 
‘‘(C) SERVICES.—A State educational agen-
cy shall provide services under this section di-
rectly or through contracts with public and pri-
vate agencies, organizations, and institutions, 
if— 
‘‘(i) the appropriate private school offi-
cials or their representatives have— 
‘‘(I) requested that the State edu-
cational agency provide such services 
directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the re-
quirements of this section; or 
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‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend private 
elementary schools or secondary schools 
in such agency’s school attendance 
areas, 
as 
defined 
in 
section 
1113(a)(2)(A), that are not being 
served by the agency’s program under 
this section; or 
‘‘(II) 90 percent of the eligible 
private school students in a school at-
tendance area, as defined in section 
1113(a)(2)(A), are not being served by 
the agency’s program under this sec-
tion. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used to 
provide services under this section, and title to mate-
rials, equipment, and property purchased with those 
funds, shall be in a public agency for the uses and 
purposes provided in this Act, and a public agency 
shall administer the funds and property. 
‘‘(2) PROVISION OF SERVICES.— 
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‘‘(A) IN GENERAL.—The provision of serv-
ices under this section shall be provided— 
‘‘(i) by employees of a public agency; 
or 
‘‘(ii) through contract by the public 
agency with an individual, association, 
agency, organization, or other entity. 
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In 
the provision of those services, the employee, per-
son, association, agency, organization, or other 
entity shall be independent of the private school 
and of any religious organization, and the em-
ployment or contract shall be under the control 
and supervision of the public agency. 
‘‘(C) COMMINGLING
OF
FUNDS
PROHIB-
ITED.—Funds used to provide services under this 
section shall not be commingled with non-Fed-
eral funds. 
‘‘SEC. 6502. STANDARDS FOR BY-PASS. 
‘‘(a) IN GENERAL.—If, by reason of any provision of 
law, a State educational agency, local educational agency, 
educational service agency, consortium of those agencies, or 
other entity is prohibited from providing for the participa-
tion in programs of children enrolled in, or teachers or other 
educational personnel from, private elementary schools and 
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secondary schools, on an equitable basis, or if the Secretary 
determines that the agency, consortium, or entity has sub-
stantially failed or is unwilling to provide for that partici-
pation, as required by section 6501, the Secretary shall— 
‘‘(1) waive the requirements of that section for 
the agency, consortium, or entity; and 
‘‘(2) arrange for the provision of equitable serv-
ices to those children, teachers, or other educational 
personnel through arrangements that shall be subject 
to the requirements of this section and of sections 
6501, 6503, and 6504. 
‘‘(b) DETERMINATION.—In making the determination 
under subsection (a), the Secretary shall consider one or 
more factors, including the quality, size, scope, and location 
of the program, and the opportunity of private school chil-
dren, teachers, and other educational personnel to partici-
pate in the program. 
‘‘SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary 
shall develop and implement written procedures for receiv-
ing, investigating, and resolving complaints from parents, 
teachers, or other individuals and organizations concerning 
violations of section 6501 by a State educational agency, 
local educational agency, educational service agency, con-
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sortium of those agencies, or entity. The individual or orga-
nization shall submit the complaint to the State educational 
agency for a written resolution by the State educational 
agency within 45 days. 
‘‘(b) APPEALS TO SECRETARY.—The resolution may be 
appealed by an interested party to the Secretary not later 
than 30 days after the State educational agency resolves 
the complaint or fails to resolve the complaint within the 
45-day time limit. The appeal shall be accompanied by a 
copy of the State educational agency’s resolution, and, if 
there is one, a complete statement of the reasons supporting 
the appeal. The Secretary shall investigate and resolve the 
appeal not later than 90 days after receipt of the appeal. 
‘‘Subpart 2—Prohibitions 
‘‘SEC. 6521. PROHIBITION AGAINST FEDERAL MANDATES, 
DIRECTION, OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the Fed-
eral Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, mandate, 
direct, incentivize, or control a State, local educational 
agency, or school’s specific instructional content, academic 
standards and assessments, curricula, or program of in-
struction, (including any requirement, direction, incentive, 
or mandate to adopt the Common Core State Standards 
developed under the Common Core State Standards Initia-
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547 
tive or any other academic standards common to a signifi-
cant number of States), nor shall anything in this Act be 
construed to authorize such officer or employee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee of 
the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agreements, 
make financial support available in a manner that is con-
ditioned upon a State, local educational agency, or school’s 
adoption of specific instructional content, academic stand-
ards and assessments, curriculum, or program of instruc-
tion, (including any requirement, direction, or mandate to 
adopt the Common Core State Standards developed under 
the Common Core State Standards Initiative, any other 
academic standards common to a significant number of 
States, or any assessment, instructional content, or cur-
riculum aligned to such standards), even if such require-
ments are specified in an Act other than this Act, nor shall 
anything in this Act be construed to authorize such officer 
or employee to do so. 
‘‘SEC. 6522. PROHIBITIONS ON FEDERAL GOVERNMENT AND 
USE OF FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act 
shall be construed to authorize an officer or employee of the 
Federal Government directly or indirectly, whether through 
a grant, contract, or cooperative agreement, to mandate, di-
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rect, or control a State, local educational agency, or school’s 
curriculum, program of instruction, or allocation of State 
or local resources, or mandate a State or any subdivision 
thereof to spend any funds or incur any costs not paid for 
under this Act. 
‘‘(b) PROHIBITION
ON
ENDORSEMENT
OF
CUR-
RICULUM.—Notwithstanding any other prohibition of Fed-
eral law, no funds provided to the Department under this 
Act may be used by the Department directly or indirectly— 
whether through a grant, contract, or cooperative agree-
ment—to endorse, approve, develop, require, or sanction 
any curriculum, including any curriculum aligned to the 
Common Core State Standards developed under the Com-
mon Core State Standards Initiative or any other academic 
standards common to a significant number of States, de-
signed to be used in an elementary school or secondary 
school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
‘‘(1) authorize an officer or employee of the Fed-
eral Government directly or indirectly—whether 
through a grant, contract, or cooperative agreement— 
to mandate, direct, review, or control a State, local 
educational agency, or school’s instructional content, 
curriculum, and related activities; 
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‘‘(2) limit the application of the General Edu-
cation Provisions Act; 
‘‘(3) require the distribution of scientifically or 
medically false or inaccurate materials or to prohibit 
the distribution of scientifically or medically true or 
accurate materials; or 
‘‘(4) create any legally enforceable right. 
‘‘(d) PROHIBITION
ON
REQUIRING
FEDERAL
AP-
PROVAL
OR CERTIFICATION
OF STANDARDS.—Notwith-
standing any other provision of Federal law, no State shall 
be required to have academic standards approved or cer-
tified by the Federal Government, in order to receive assist-
ance under this Act. 
‘‘(e) RULE OF CONSTRUCTION ON BUILDING STAND-
ARDS.—Nothing in this Act shall be construed to mandate 
national school building standards for a State, local edu-
cational agency, or school. 
‘‘SEC. 6523. PROHIBITION ON FEDERALLY SPONSORED 
TESTING. 
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any 
other provision of Federal law and except as provided in 
subsection (b), no funds provided under this Act to the Sec-
retary or to the recipient of any award may be used to 
develop, pilot test, field test, implement, administer, or dis-
tribute any federally sponsored national test or testing ma-
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terials in reading, mathematics, or any other subject, unless 
specifically and explicitly authorized by law. 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 
international comparative assessments developed under the 
authority of section 153(a)(5) of the Education Sciences Re-
form Act of 2002 and administered to only a representative 
sample of pupils in the United States and in foreign na-
tions. 
‘‘SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other provi-
sion of this Act or any other provision of law, no funds 
available to the Department or otherwise available under 
this Act may be used for any purpose relating to a manda-
tory nationwide test or certification of teachers or education 
paraprofessionals, including any planning, development, 
implementation, or administration of such test or certifi-
cation. 
‘‘(b) PROHIBITION
ON WITHHOLDING FUNDS.—The 
Secretary is prohibited from withholding funds from any 
State educational agency or local educational agency if the 
State educational agency or local educational agency fails 
to adopt a specific method of teacher or paraprofessional 
certification. 
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‘‘SEC. 6525. PROHIBITED USES OF FUNDS. 
‘‘No funds under this Act may be used— 
‘‘(1) for construction, renovation, or repair of 
any school facility, except as authorized under title IV 
or otherwise authorized under this Act; 
‘‘(2) for medical services, drug treatment or re-
habilitation, except for specialized instructional sup-
port services or referral to treatment for students who 
are victims of, or witnesses to, crime or who illegally 
use drugs; 
‘‘(3) for transportation unless otherwise author-
ized under this Act; 
‘‘(4) to develop or distribute materials, or oper-
ate programs or courses of instruction directed at 
youth, that are designed to promote or encourage sex-
ual activity, or normalize teen sexual activity as an 
expected behavior, implicitly or explicitly, whether ho-
mosexual or heterosexual; 
‘‘(5) to distribute or to aid in the distribution on 
school grounds by any organization of legally obscene 
materials to minors or any instruction or materials 
that normalize teen sexual activity as an expected be-
havior; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age ap-
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propriate and includes the health benefits of absti-
nence; or 
‘‘(7) to operate a program of contraceptive dis-
tribution in schools. 
‘‘SEC. 6529. PROHIBITION REGARDING STATE AID. 
‘‘A State shall not take into consideration payments 
under this Act (other than under title IV) in determining 
the eligibility of any local educational agency in that State 
for State aid, or the amount of State aid, with respect to 
free public education of children. 
‘‘SEC. 6530. PROHIBITION ON REQUIRING STATE PARTICIPA-
TION. 
‘‘Any State that opts out of receiving funds, or that 
has not been awarded funds, under one or more programs 
under this Act shall not be required to carry out any of 
the requirements of such program or programs, and nothing 
in this Act shall be construed to require a State to partici-
pate in any program under this Act. 
‘‘SEC. 6531. LOCAL CONTROL. 
‘‘The Secretary shall not— 
‘‘(1) impose any requirements or exercise any 
governance or authority over school administration, 
including the development and expenditure of school 
budgets, unless explicitly authorized under this Act; 
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‘‘(2) issue any regulations or non-regulatory 
guidance without first consulting with local stake-
holders and fairly addressing their concerns; or 
‘‘(3) deny any local educational agency the right 
to object to any administrative requirement, includ-
ing actions that place additional burdens or cost on 
the local educational agency. 
‘‘Subpart 3—Other Provisions 
‘‘SEC. 6541. ARMED FORCES RECRUITER ACCESS TO STU-
DENTS AND STUDENT RECRUITING INFORMA-
TION. 
‘‘(a) POLICY.— 
‘‘(1) ACCESS TO STUDENT RECRUITING INFORMA-
TION.—Notwithstanding section 444(a)(5)(B) of the 
General Education Provisions Act, each local edu-
cational agency receiving assistance under this Act 
shall provide, upon a request made by a military re-
cruiter or an institution of higher education, access to 
the name, address, and telephone listing of each sec-
ondary school student served by the local educational 
agency, unless the parent of such student has sub-
mitted the prior consent request under paragraph (2). 
‘‘(2) CONSENT.— 
‘‘(A) OPT-OUT
PROCESS.—A parent of a 
secondary school student may submit a written 
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554 
request, to the local educational agency, that the 
student’s name, address, and telephone listing 
not be released for purposes of paragraph (1) 
without prior written consent of the parent. 
Upon receiving such request, the local edu-
cational agency may not release the student’s 
name, address, and telephone listing for such 
purposes without the prior written consent of the 
parent. 
‘‘(B) NOTIFICATION
OF
OPT-OUT
PROC-
ESS.—Each local educational agency shall notify 
the parents of the students served by the agency 
of the option to make a request described in sub-
paragraph (A). 
‘‘(3) SAME ACCESS TO STUDENTS.—Each local 
educational agency receiving assistance under this 
Act shall provide military recruiters the same access 
to secondary school students as is provided generally 
to institutions of higher education or to prospective 
employers of those students. 
‘‘(4) RULE OF CONSTRUCTION PROHIBITING OPT- 
IN PROCESSES.—Nothing in this subsection shall be 
construed to allow a local educational agency to with-
hold access to a student’s name, address, and tele-
phone listing from a military recruiter or institution 
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555 
of higher education by implementing an opt-in proc-
ess or any other process other than the written con-
sent request process under paragraph (2)(A). 
‘‘(5) PARENTAL CONSENT.—For purposes of this 
subsection, whenever a student has attained 18 years 
of age, the permission or consent required of and the 
rights accorded to the parents of the student shall only 
be required of and accorded to the student. 
‘‘(b) NOTIFICATION.—The Secretary, in consultation 
with the Secretary of Defense, shall, not later than 120 days 
after the date of the enactment of the Student Success Act, 
notify school leaders, school administrators, and other edu-
cators about the requirements of this section. 
‘‘(c) EXCEPTION.—The requirements of this section do 
not apply to a private secondary school that maintains a 
religious objection to service in the Armed Forces if the ob-
jection is verifiable through the corporate or other organiza-
tional documents or materials of that school. 
‘‘SEC. 6542. RULEMAKING. 
‘‘The Secretary shall issue regulations under this Act 
as prescribed under section 1401 only to the extent that such 
regulations are necessary to ensure that there is compliance 
with the specific requirements and assurances required by 
this Act. 
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556 
‘‘SEC. 6543. PEER REVIEW. 
‘‘(a) IN GENERAL.—If the Secretary uses a peer review 
panel to evaluate an application for any program required 
under this Act, the Secretary shall conduct the panel in ac-
cordance with this section. 
‘‘(b) MAKEUP.—The Secretary shall— 
‘‘(1) solicit nominations for peers to serve on the 
panel from States that are— 
‘‘(A) practitioners in the subject matter; or 
‘‘(B) experts in the subject matter; and 
‘‘(2) select the peers from such nominees, except 
that there shall be at least 75 percent practitioners on 
each panel and in each group formed from the panel. 
‘‘(c) GUIDANCE.—The Secretary shall issue the peer re-
view guidance concurrently with the notice of the grant. 
‘‘(d) REPORTING.—The Secretary shall— 
‘‘(1) make the names of the peer reviewers avail-
able to the public before the final deadline for the ap-
plication of the grant; 
‘‘(2) make the peer review notes publically avail-
able once the review has concluded; and 
‘‘(3) make any deviations from the peer review-
ers’ recommendations available to the public with an 
explanation of the deviation. 
‘‘(e) APPLICANT REVIEWS.—An applicant shall have 
an opportunity within 30 days to review the peer review 
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557 
notes and appeal the score to the Secretary prior to the Sec-
retary making any final determination. 
‘‘(f) PROHIBITION.—The Secretary, and the Sec-
retary’s staff, may not attempt to participate in, or influ-
ence, the peer review process. No Federal employee may par-
ticipate in, or attempt to influence the peer review process, 
except to respond to questions of a technical nature, which 
shall be publicly reported. 
‘‘SEC. 6544. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the parents 
or legal guardians of a student, the local educational agency 
shall withdraw such student from any program funded 
under part B of title III. The local educational agency shall 
make reasonable efforts to inform parents or legal guardians 
of the content of such programs or activities funded under 
this Act, other than classroom instruction. 
‘‘SEC. 6548. SEVERABILITY. 
‘‘If any provision of this Act is held invalid, the re-
mainder of this Act shall be unaffected thereby. 
‘‘SEC. 6549. DEPARTMENT STAFF. 
‘‘The Secretary shall— 
‘‘(1) not later than 60 days after the date of the 
enactment of the Student Success Act, identify the 
number of Department employees who worked on or 
administered each education program and project au-
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thorized under this Act, as such program or project 
was in effect on the day before such enactment date, 
and publish such information on the Department’s 
website; 
‘‘(2) not later than 60 days after such enactment 
date, identify the number of full-time equivalent em-
ployees who work on or administer programs or 
projects authorized under this Act, as in effect on the 
day before such enactment date, that have been elimi-
nated or consolidated since such date; 
‘‘(3) not later than 1 year after such enactment 
date, reduce the workforce of the Department by the 
number of full-time equivalent employees the Depart-
ment calculated under paragraph (2); and 
‘‘(4) not later than 1 year after such enactment 
date, report to the Congress on— 
‘‘(A) the number of employees associated 
with each program or project authorized under 
this Act administered by the Department; 
‘‘(B) the number of full-time equivalent em-
ployees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); 
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‘‘(C) how the Secretary reduced the number 
of employees at the Department under paragraph 
(3); 
‘‘(D) the average salary of the employees de-
scribed in subparagraph (B) whose positions 
were eliminated; and 
‘‘(E) the average salary of the full-time 
equivalent employees who work on or administer 
a program or project authorized under this Act 
by the Department, disaggregated by employee 
function with each such program or project. 
‘‘SEC. 6550. CRIMINAL BACKGROUND CHECKS. 
‘‘(a) CONDITION OF RECEIPT OF FUNDS.—A local edu-
cational agency or State educational agency shall be ineli-
gible for funds under this Act if such agency— 
‘‘(1) employs an individual who— 
‘‘(A) refuses to consent to a criminal back-
ground check that includes— 
‘‘(i) a search of the State criminal reg-
istry or repository in the State where the 
individual resides; 
‘‘(ii) a search of State-based child 
abuse and neglect registries and databases 
in the State where the individual resides; 
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‘‘(iii) a search of the National Crime 
Information Center; 
‘‘(iv) a Federal Bureau of Investiga-
tion fingerprint check using the Integrated 
Automated Fingerprint Identification Sys-
tem; and 
‘‘(v) a search of the National Sex Of-
fender Registry established under the Adam 
Walsh Child Protection and Safety Act of 
2006 (42 U.S.C. 16901 et seq.); 
‘‘(B) makes a false statement in connection 
with such criminal background check; 
‘‘(C) is registered or is required to be reg-
istered on a State sex offender registry or the Na-
tional Sex Offender Registry established under 
the Adam Walsh Child Protection and Safety Act 
of 2006 (42 U.S.C. 16901 et seq.); or 
‘‘(D) has been convicted of a felony con-
sisting of— 
‘‘(i) homicide; 
‘‘(ii) child abuse or neglect; 
‘‘(iii) a crime against children, includ-
ing child pornography; 
‘‘(iv) domestic violence; 
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‘‘(v) a crime involving rape or sexual 
assault; 
‘‘(vi) kidnapping; 
‘‘(vii) arson; or 
‘‘(viii) physical assault, battery, or a 
drug-related offense, committed on or after 
the date that is 5 years before the date of the 
individual’s criminal background check 
under this section; or 
‘‘(2) knowingly facilitates the transfer of an em-
ployee if the agency knows, or has probable cause to 
believe, that the employee engaged in sexual mis-
conduct with a student. 
‘‘(b) FEES FOR BACKGROUND CHECKS.—The Attorney 
General or a State may charge any applicable fees for con-
ducting a criminal background check under this section. 
‘‘(c) DEFINITION.—In this section, the term ‘employee’ 
means— 
‘‘(1) an employee of, or person seeking employ-
ment with, a local educational agency or State edu-
cational agency, and who, as a result of such employ-
ment has (or will have) a job duty that results in un-
supervised access to elementary school or secondary 
school students; or 
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‘‘(2) any person, or an employee of any person 
who— 
‘‘(A) has a contract or agreement to provide 
services to an elementary school or secondary 
school, local educational agency, or State edu-
cational agency; and 
‘‘(B) as a result of such contract or agree-
ment has a job duty that results in unsupervised 
access to elementary school or secondary school 
students. 
‘‘SEC. 6551. REDUCTION IN FEDERAL SPENDING. 
‘‘To ensure the reduced Federal role established under 
this Act is recognized when allocating spending amounts 
and appropriations for the programs under this Act, the 
Secretary, through the director of the Institute for Edu-
cation Sciences, shall— 
‘‘(1) not later than 60 days after the date of the 
enactment of the Student Success Act, contract with 
an economist with an expertise in workforce and gov-
ernment efficiency; 
‘‘(2) not later than 1 year after the date of the 
enactment of the Student Success Act and before the 
Administration’s annual budget request for a fiscal 
year is submitted to Congress annually thereafter, re-
quire the economist to issue a report that— 
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‘‘(A) examines the annual cost savings from 
the reduced Federal requirements under this Act, 
as amended by the Student Success Act, as com-
pared to the requirements under this Act as in 
effect after fiscal year 2002 and prior to the date 
of the enactment of the Student Success Act and 
each year thereafter; 
‘‘(B) determines the reduced need for Fed-
eral funds to meet the Federal requirements 
under this Act, as amended by the Student Suc-
cess Act, as compared to the requirements under 
this Act as in effect after fiscal year 2002 and 
prior to the date of the enactment of the Student 
Success Act; and 
‘‘(C) includes the specific reduced Federal 
funding amounts and reduced number of employ-
ees at the Department necessary for compliance 
with the provisions of this Act, as amended by 
the Student Success Act; and 
‘‘(3) not later than one week after Administra-
tion’s budget request is submitted to Congress for each 
fiscal year, submit the report to the Committees on 
Budget and the Committees on Appropriations of the 
House of Representatives and the Senate, and the 
Committee on Education and the Workforce of the 
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