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‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if— 
‘‘(A)(i)(I) the total number of students in 
average daily attendance at all of the schools 
served by the local educational agency is fewer 
than 600; or 
‘‘(II) each county in which a school served 
by the local educational agency is located has a 
total population density of fewer than 10 per-
sons per square mile; and 
‘‘(ii) all of the schools served by the local 
educational agency are designated with a school 
locale code of 41, 42, or 43, as determined by 
the Secretary; or 
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Sec-
retary, in accordance with paragraph (2), 
grants the local educational agency’s request to 
waive the criteria described in subparagraph 
(A)(ii). 
‘‘(2) CERTIFICATION.—The Secretary shall de-
termine whether to waive the criteria described in 
paragraph (1)(A)(ii) based on a demonstration by 
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HR 5 RFS 
the local educational agency, and concurrence by the 
State educational agency, that the local educational 
agency is located in an area defined as rural by a 
governmental agency of the State. 
‘‘(3) HOLD
HARMLESS.—For a local edu-
cational agency that is not eligible under this chap-
ter but met the eligibility requirements under this 
subsection as it was in effect prior to the date of the 
enactment of the Student Success Act, the agency 
shall receive— 
‘‘(A) for fiscal year 2014, 75 percent of 
the amount such agency received for fiscal year 
2013; 
‘‘(B) for fiscal year 2015, 50 percent of 
the amount such agency received for fiscal year 
2013; and 
‘‘(C) for fiscal year 2016, 25 percent of 
the amount such agency received for fiscal year 
2013. 
‘‘(e) SPECIAL ELIGIBILITY RULE.—A local edu-
cational agency that receives a grant under this chapter 
for a fiscal year is not eligible to receive funds for such 
fiscal year under chapter B. 
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‘‘CHAPTER B—RURAL AND LOW-INCOME 
SCHOOL PROGRAM 
‘‘SEC. 1235. PROGRAM AUTHORIZED. 
‘‘(a) GRANTS TO STATES.— 
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 3(a)(1) for a fiscal year, the 
Secretary shall reserve 0.54 of one percent for this 
chapter for a fiscal year that are not reserved under 
subsection (c) to award grants (from allotments 
made under paragraph (2)) for the fiscal year to 
State educational agencies that have applications 
submitted under section 1237 approved to enable the 
State educational agencies to award grants to eligi-
ble local educational agencies for local authorized ac-
tivities described in section 1236(a). 
‘‘(2) ALLOTMENT.—From amounts described in 
paragraph (1) for a fiscal year, the Secretary shall 
allot to each State educational agency for that fiscal 
year an amount that bears the same ratio to those 
amounts as the number of students in average daily 
attendance served by eligible local educational agen-
cies in the State for that fiscal year bears to the 
number of all such students served by eligible local 
educational agencies in all States for that fiscal 
year. 
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‘‘(3) SPECIALLY QUALIFIED AGENCIES.— 
‘‘(A) ELIGIBILITY AND APPLICATION.—If a 
State educational agency elects not to partici-
pate in the program under this subpart or does 
not have an application submitted under section 
1237 approved, a specially qualified agency in 
such State desiring a grant under this subpart 
may submit an application under such section 
directly to the Secretary to receive an award 
under this subpart. 
‘‘(B) DIRECT
AWARDS.—The Secretary 
may award, on a competitive basis or by for-
mula, the amount the State educational agency 
is eligible to receive under paragraph (2) di-
rectly to a specially qualified agency in the 
State that has submitted an application in ac-
cordance with subparagraph (A) and obtained 
approval of the application. 
‘‘(C) SPECIALLY QUALIFIED AGENCY DE-
FINED.—In this subpart, the term ‘specially 
qualified agency’ means an eligible local edu-
cational agency served by a State educational 
agency that does not participate in a program 
under this subpart in a fiscal year, that may 
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apply directly to the Secretary for a grant in 
such year under this subsection. 
‘‘(b) LOCAL AWARDS.— 
‘‘(1) ELIGIBILITY.—A local educational agency 
shall be eligible to receive a grant under this subpart 
if— 
‘‘(A) 20 percent or more of the children 
ages 5 through 17 years served by the local 
educational agency are from families with in-
comes below the poverty line; and 
‘‘(B) all of the schools served by the agen-
cy are designated with a school locale code of 
32, 33, 41, 42, 43, as determined by the Sec-
retary. 
‘‘(2) AWARD BASIS.—A State educational agen-
cy shall award grants to eligible local educational 
agencies— 
‘‘(A) on a competitive basis; 
‘‘(B) according to a formula based on the 
number of students in average daily attendance 
served by the eligible local educational agencies 
or schools in the State; or 
‘‘(C) according to an alternative formula, 
if, prior to awarding the grants, the State edu-
cational agency demonstrates, to the satisfac-
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194 
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tion of the Secretary, that the alternative for-
mula enables the State educational agency to 
allot the grant funds in a manner that serves 
equal or greater concentrations of children from 
families with incomes below the poverty line, 
relative to the concentrations that would be 
served if the State educational agency used the 
formula described in subparagraph (B). 
‘‘(c) RESERVATIONS.—From amounts reserved under 
section 1235(a)(1) for this chapter for a fiscal year, the 
Secretary shall reserve— 
‘‘(1) one-half of 1 percent to make awards to el-
ementary schools or secondary schools operated or 
supported by the Bureau of Indian Education, to 
carry out the activities authorized under this chap-
ter; and 
‘‘(2) one-half of 1 percent to make awards to 
the outlying areas in accordance with their respec-
tive needs, to carry out the activities authorized 
under this chapter. 
‘‘SEC. 1236. USES OF FUNDS. 
‘‘(a) LOCAL AWARDS.—Grant funds awarded to local 
educational agencies under this chapter shall be used for 
activities authorized under any of the following: 
‘‘(1) Part A of title I. 
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‘‘(2) Title II. 
‘‘(3) Title III. 
‘‘(b) ADMINISTRATIVE COSTS.—A State educational 
agency receiving a grant under this chapter may not use 
more than 5 percent of the amount of the grant for State 
administrative costs and to provide technical assistance to 
eligible local educational agencies. 
‘‘SEC. 1237. APPLICATIONS. 
‘‘(a) IN GENERAL.—Each State educational agency 
or specially qualified agency desiring to receive a grant 
under this chapter shall submit an application to the Sec-
retary at such time and in such manner as the Secretary 
may require. 
‘‘(b) CONTENTS.—Each application submitted under 
subsection (a) shall include— 
‘‘(1) a description of how the State educational 
agency or specially qualified agency will ensure eligi-
ble local educational agencies receiving a grant 
under this chapter will use such funds to help stu-
dents meet the State academic standards under sec-
tion 1111(b)(1); 
‘‘(2) if the State educational agency or specially 
qualified agency will competitively award grants to 
eligible local educational agencies, as described in 
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section 1235(b)(2)(A), the application under the sec-
tion shall include— 
‘‘(A) the methods and criteria the State 
educational agency or specially qualified agency 
will use for reviewing applications and awarding 
funds to local educational agencies on a com-
petitive basis; and 
‘‘(B) how the State educational agency or 
specially qualified agency will notify eligible 
local educational agencies of the grant competi-
tion; and 
‘‘(3) a description of how the State educational 
agency or specially qualified agency will provide 
technical assistance to eligible local educational 
agencies to help such agencies implement the activi-
ties described in section 1236(a). 
‘‘SEC. 1238. ACCOUNTABILITY. 
‘‘Each State educational agency or specially qualified 
agency that receives a grant under this chapter shall pre-
pare and submit an annual report to the Secretary. The 
report shall describe— 
‘‘(1) the methods and criteria the State edu-
cational agency or specially qualified agency used to 
award grants to eligible local educational agencies, 
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and to provide assistance to schools, under this 
chapter; 
‘‘(2) how local educational agencies and schools 
used funds provided under this chapter; and 
‘‘(3) the degree to which progress has been 
made toward having all students meet the State aca-
demic standards under section 1111(b)(1). 
‘‘SEC. 1239. CHOICE OF PARTICIPATION. 
‘‘(a) IN GENERAL.—If a local educational agency is 
eligible for funding under chapters A and B of this sub-
part, such local educational agency may receive funds 
under either chapter A or chapter B for a fiscal year, but 
may not receive funds under both chapters. 
‘‘(b) NOTIFICATION.—A local educational agency eli-
gible for both chapters A and B of this subpart shall notify 
the Secretary and the State educational agency under 
which of such chapters such local educational agency in-
tends to receive funds for a fiscal year by a date that is 
established by the Secretary for the notification. 
‘‘CHAPTER C—GENERAL PROVISIONS 
‘‘SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETER-
MINATION. 
‘‘(a) CENSUS DETERMINATION.—Each local edu-
cational agency desiring a grant under section 1231 and 
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each local educational agency or specially qualified agency 
desiring a grant under chapter B shall— 
‘‘(1) not later than December 1 of each year, 
conduct a census to determine the number of stu-
dents in average daily attendance in kindergarten 
through grade 12 at the schools served by the agen-
cy; and 
‘‘(2) not later than March 1 of each year, sub-
mit the number described in paragraph (1) to the 
Secretary (and to the State educational agency, in 
the case of a local educational agency seeking a 
grant under subpart 2). 
‘‘(b) PENALTY.—If the Secretary determines that a 
local educational agency or specially qualified agency has 
knowingly submitted false information under subsection 
(a) for the purpose of gaining additional funds under sec-
tion 1231 or chapter B, then the agency shall be fined 
an amount equal to twice the difference between the 
amount the agency received under this section and the cor-
rect amount the agency would have received under section 
1231 or chapter B if the agency had submitted accurate 
information under subsection (a). 
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‘‘SEC. 1242. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under chapter A or chapter 
B shall be used to supplement, and not supplant, any 
other Federal, State, or local education funds. 
‘‘SEC. 1243. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to pro-
hibit a local educational agency that enters into coopera-
tive arrangements with other local educational agencies for 
the provision of special, compensatory, or other education 
services, pursuant to State law or a written agreement, 
from entering into similar arrangements for the use, or 
the coordination of the use, of the funds made available 
under this subpart.’’. 
(b) STRIKE.—The Act is amended by striking title 
VII (20 U.S.C. 7401 et seq.). 
Subtitle D—National Assessment 
SEC. 141. NATIONAL ASSESSMENT OF TITLE I. 
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 
et seq.) is redesignated as part B of title I. 
(b) REPEALS.—Sections 1502 and 1504 (20 U.S.C. 
6492; 6494) are repealed. 
(c) REDESIGNATIONS.—Sections 1501 and 1503 (20 
U.S.C. 6491; 6493) are redesignated as sections 1301 and 
1302, respectively. 
(d) AMENDMENTS TO SECTION 1301.—Section 1301 
(20 U.S.C. 6491), as so redesignated, is amended— 
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(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘, act-
ing through the Director of the Institute of 
Education Sciences (in this section and section 
1302 referred to as the ‘Director’),’’ after ‘‘The 
Secretary’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (A), by striking 
‘‘reaching the proficient level’’ and all that 
follows and inserting ‘‘graduating high 
school prepared for postsecondary edu-
cation or the workforce.’’; 
(iii) in subparagraph (B), by striking 
‘‘reach the proficient’’ and all that follows 
and inserting ‘‘meet State academic stand-
ards.’’; 
(iv) by striking subparagraphs (D) 
and (G) and redesignating subparagraphs 
(E), (F), and (H) through (O) as subpara-
graphs (D) through (M), respectively; 
(v) in subparagraph (D)(v) (as so re-
designated), by striking ‘‘help schools in 
which’’ and all that follows and inserting 
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‘‘address disparities in the percentages of 
effective teachers teaching in low-income 
schools.’’; 
(vi) in subparagraph (G) (as so redes-
ignated)— 
(I) by striking ‘‘section 1116’’ 
and 
inserting 
‘‘section 
1111(b)(3)(B)(iii)’’; and 
(II) by striking ‘‘, including the 
following’’ and all that follows and in-
serting a period; 
(vii) in subparagraph (I) (as so redes-
ignated), by striking ‘‘qualifications’’ and 
inserting ‘‘effectiveness’’; 
(viii) in subparagraph (J) (as so re-
designated), by striking ‘‘, including funds 
under section 1002,’’; 
(ix) in subparagraph (L) (as so redes-
ignated), 
by 
striking 
‘‘section 
1111(b)(2)(C)(v)(II)’’ and inserting ‘‘sec-
tion 1111(b)(3)(B)(ii)(II)’’; and 
(x) in subparagraph (M) (as so redes-
ignated), by striking ‘‘Secretary’’ and in-
serting ‘‘Director’’; 
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(C) in paragraph (3), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(D) in paragraph (4), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; 
(E) in paragraph (5), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(F) in paragraph (6)— 
(i) by striking ‘‘No Child Left Behind 
Act of 2001’’ each place it appears and in-
serting ‘‘Student Success Act’’; and 
(ii) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Director’’; 
(2) in subsection (b), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking ‘‘part A’’ and inserting 
‘‘subpart 1 of part A’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; 
(ii) in subparagraph (B), by striking 
‘‘challenging academic achievement stand-
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203 
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ards’’ and inserting ‘‘State academic 
standards’’; 
(iii) in subparagraph (E), by striking 
‘‘effects of the availability’’ and all that 
follows and inserting ‘‘extent to which ac-
tions 
authorized 
under 
section 
1111(b)(3)(B)(iii) improve the academic 
achievement of disadvantaged students and 
low-performing schools.’’; and 
(iv) in subparagraph (F), by striking 
‘‘Secretary’’ and inserting ‘‘Director’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘Secretary’’ and insert-
ing ‘‘Director’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) analyzes varying models or strategies 
for 
delivering 
school 
services, 
including 
schoolwide and targeted services.’’; and 
(4) in subsection (d), by striking ‘‘Secretary’’ 
each place it appears and inserting ‘‘Director’’. 
(e) AMENDMENTS TO SECTION 1302.—Section 1302 
(20 U.S.C. 6493), as so redesignated, is amended— 
(1) in subsection (a)— 
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(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘and for making decisions 
about the promotion and graduation of stu-
dents’’; 
(2) in subsection (b)— 
(A) by striking ‘‘Secretary’’ the first place 
it appears and inserting ‘‘Director’’; 
(B) by striking ‘‘process,’’ and inserting 
‘‘process consistent with section 1206,’’; and 
(C) by striking ‘‘Assistant Secretary of 
Educational Research and Improvement’’ and 
inserting ‘‘Director’’; 
(3) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘to the State-defined level of proficiency’’ 
and inserting ‘‘toward meeting the State 
academic standards’’; and 
(ii) in subparagraph (C), by striking 
‘‘pupil-services’’ and inserting ‘‘specialized 
instructional support services’’; 
(B) in paragraph (3), by striking ‘‘limited 
and nonlimited English proficient students’’ 
and inserting ‘‘English learners’’; and 
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(C) in paragraph (6), by striking ‘‘Sec-
retary’’ and inserting ‘‘Director’’; and 
(4) in subsection (f)— 
(A) by striking ‘‘Secretary’’ and inserting 
‘‘Director’’; and 
(B) by striking ‘‘authorized to be appro-
priated for this part’’ and inserting ‘‘appro-
priated under section 3(a)(2)’’. 
Subtitle E—Title I General 
Provisions 
SEC. 151. GENERAL PROVISIONS FOR TITLE I. 
Part I of title I (20 U.S.C. 6571 et seq.)— 
(1) is transferred to appear after part B (as re-
designated); and 
(2) is amended to read as follows: 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 1401. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary may, in accord-
ance with subsections (b) through (d), issue such regula-
tions as are necessary to reasonably ensure there is com-
pliance with this title. 
‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 
‘‘(1) IN
GENERAL.—Before publishing in the 
Federal Register proposed regulations to carry out 
this title, the Secretary shall obtain the advice and 
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recommendations of representatives of Federal, 
State, and local administrators, parents, teachers, 
and members of local school boards and other orga-
nizations involved with the implementation and oper-
ation of programs under this title, including those 
representatives and members nominated by local and 
national stakeholder representatives. 
‘‘(2) 
MEETINGS
AND
ELECTRONIC
EX-
CHANGE.—Such advice and recommendations may 
be obtained through such mechanisms as regional 
meetings and electronic exchanges of information. 
Such regional meetings and electronic exchanges of 
information shall be public and notice of such meet-
ings and exchanges shall be provided to interested 
stakeholders. 
‘‘(3) PROPOSED REGULATIONS.—After obtain-
ing such advice and recommendations, and before 
publishing proposed regulations, the Secretary 
shall— 
‘‘(A) establish a negotiated rulemaking 
process; 
‘‘(B) select individuals to participate in 
such process from among individuals or groups 
that provided advice and recommendations, in-
cluding representation from all geographic re-
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gions of the United States, in such numbers as 
will provide an equitable balance between rep-
resentatives of parents and students and rep-
resentatives of educators and education offi-
cials; and 
‘‘(C) prepare a draft of proposed policy op-
tions that shall be provided to the individuals 
selected by the Secretary under subparagraph 
(B) not less than 15 days before the first meet-
ing under such process. 
‘‘(c) PROPOSED RULEMAKING.—If the Secretary de-
termines that a negotiated rulemaking process is unneces-
sary or the individuals selected to participate in the proc-
ess under paragraph (3)(B) fail to reach unanimous agree-
ment, the Secretary may propose regulations under the 
following procedure: 
‘‘(1) Not less than 30 days prior to beginning 
a rulemaking process, the Secretary shall provide to 
Congress, including the Committee on Education 
and the Workforce of the House of Representatives 
and the Committee on Health, Education, Labor, 
and Pensions of the Senate, notice that shall in-
clude— 
‘‘(A) a copy of the proposed regulations; 
‘‘(B) the need to issue regulations; 
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‘‘(C) the anticipated burden, including the 
time, cost, and paperwork burden, the regula-
tions will have on State educational agencies, 
local educational agencies, schools, and other 
entities that may be impacted by the regula-
tions; and 
‘‘(D) any regulations that will be repealed 
when the new regulations are issued. 
‘‘(2) 30 days after giving notice of the proposed 
rule to Congress, the Secretary may proceed with 
the rulemaking process after all comments received 
from the Congress have been addressed and pub-
lishing how such comments are addressed with the 
proposed rule. 
‘‘(3) The comment and review period for any 
proposed regulation shall be 90 days unless an emer-
gency requires a shorter period, in which case such 
period shall be not less than 45 days and the Sec-
retary shall— 
‘‘(A) designate the proposed regulation as 
an emergency with an explanation of the emer-
gency in the notice and report to Congress 
under paragraph (1); and 
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‘‘(B) publish the length of the comment 
and review period in such notice and in the 
Federal Register. 
‘‘(4) No regulation shall be made final after the 
comment and review period until the Secretary has 
published in the Federal Register an independent as-
sessment (which shall include a representative sam-
pling of local educational agencies based on local 
educational agency enrollment, urban, suburban, or 
rural character, and other factors impacted by the 
proposed regulation) of— 
‘‘(A) the burden, including the time, cost, 
and paperwork burden, the regulation will im-
pose on State educational agencies, local edu-
cational agencies, schools and other entities 
that may be impacted by the regulation; 
‘‘(B) an explanation of how the entities de-
scribed in subparagraph (A) may cover the cost 
of the burden assessed under subparagraph (A); 
and 
‘‘(C) the proposed regulation, which thor-
oughly addresses, based on the comments re-
ceived during the comment and review period 
under paragraph (3), whether the rule is finan-
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cially, operationally, and educationally viable at 
the local level. 
‘‘(d) LIMITATION.—Regulations to carry out this title 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1402. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—In the case in which a nego-
tiated rule making process is established under subsection 
(b) of section 1401, all published proposed regulations 
shall conform to agreements that result from the rule-
making described in section 1401 unless the Secretary re-
opens the negotiated rulemaking process. 
‘‘(b) RECORDS.—The Secretary shall ensure that an 
accurate and reliable record of agreements reached during 
the negotiations process is maintained. 
‘‘SEC. 1403. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Each State that receives 
funds under this title shall— 
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform 
to the purposes of this title and provide any 
such proposed rules, regulations, and policies to 
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the committee of practitioners created under 
subsection (b) for review and comment; 
‘‘(B) minimize such rules, regulations, and 
policies to which the State’s local educational 
agencies and schools are subject; 
‘‘(C) eliminate or modify State and local 
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds 
under schoolwide programs; 
‘‘(D) identify any such rule, regulation, or 
policy as a State-imposed requirement; and 
‘‘(E)(i) identify any duplicative or con-
trasting requirements between the State and 
Federal rules or regulations; 
‘‘(ii) eliminate the rules and regulations 
that are duplicative of Federal requirements; 
and 
‘‘(iii) report any conflicting requirements 
to the Secretary and determine which Federal 
or State rule or regulation shall be followed. 
‘‘(2) 
SUPPORT
AND
FACILITATION.—State 
rules, regulations, and policies under this title shall 
support and facilitate local educational agency and 
school-level systemic reform designed to enable all 
children to meet the State academic standards. 
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‘‘(b) COMMITTEE OF PRACTITIONERS.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that receives funds under this title shall cre-
ate a State committee of practitioners to advise the 
State in carrying out its responsibilities under this 
title. 
‘‘(2) 
MEMBERSHIP.—Each 
such 
committee 
shall include— 
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies; 
‘‘(B) administrators, including the admin-
istrators of programs described in other parts 
of this title; 
‘‘(C) teachers from public charter schools, 
traditional public schools, and career and tech-
nical educators; 
‘‘(D) parents; 
‘‘(E) members of local school boards; 
‘‘(F) representatives of public charter 
school authorizers; 
‘‘(G) public charter school leaders; 
‘‘(H) representatives of private school chil-
dren; and 
‘‘(I) specialized instructional support per-
sonnel. 
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‘‘(3) DUTIES.—The duties of such committee 
shall include a review, before publication, of any pro-
posed or final State rule or regulation pursuant to 
this title. In an emergency situation where such rule 
or regulation must be issued within a very limited 
time to assist local educational agencies with the op-
eration of the program under this title, the State 
educational agency may issue a regulation without 
prior consultation, but shall immediately thereafter 
convene the State committee of practitioners to re-
view the emergency regulation before issuance in 
final form. 
‘‘SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED 
SPENDING. 
‘‘Nothing in this title shall be construed to mandate 
equalized spending per pupil for a State, local educational 
agency, or school.’’. 
TITLE 
II—TEACHER 
PREPARA-
TION AND EFFECTIVENESS 
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS. 
(a) HEADING.—The title heading for title II (20 
U.S.C. 6601 et seq.) is amended to read as follows: 
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‘‘TITLE II—TEACHER PREPARA-
TION AND EFFECTIVENESS’’. 
(b) PART A.—Part A of title II (20 U.S.C. 6601 et 
seq.) is amended to read as follows: 
‘‘PART A—SUPPORTING EFFECTIVE 
INSTRUCTION 
‘‘SEC. 2101. PURPOSE. 
‘‘The purpose of this part is to provide grants to 
State educational agencies and subgrants to local edu-
cational agencies to— 
‘‘(1) increase student achievement consistent 
with State academic standards under section 
1111(b)(1); 
‘‘(2) improve teacher and school leader effec-
tiveness in classrooms and schools, respectively; 
‘‘(3) provide evidence-based, job-embedded, con-
tinuous professional development; and 
‘‘(4) if a State educational agency or local edu-
cational agency so chooses, develop and implement 
teacher evaluation systems that use, in part, student 
achievement data to determine teacher effectiveness. 
‘‘Subpart 1—Grants to States 
‘‘SEC. 2111. ALLOTMENTS TO STATES. 
‘‘(a) IN GENERAL.—Of the amounts appropriated 
under section 3(b), the Secretary shall reserve 75 percent 
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to make grants to States with applications approved under 
section 2112 to pay for the Federal share of the cost of 
carrying out the activities specified in section 2113. Each 
grant shall consist of the allotment determined for a State 
under subsection (b). 
‘‘(b) DETERMINATION OF ALLOTMENTS.— 
‘‘(1) RESERVATION OF FUNDS.—Of the amount 
reserved under subsection (a) for a fiscal year, the 
Secretary shall reserve— 
‘‘(A) not more than 1 percent to carry out 
national activities under section 2132; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
need, as determined by the Secretary, in ac-
cordance with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Sec-
retary of the Interior for programs under this 
part in schools operated or funded by the Bu-
reau of Indian Education. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), from the funds reserved under sub-
section (a) for any fiscal year and not reserved 
under paragraph (1), the Secretary shall allot 
to each State the sum of— 
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‘‘(i) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 
17 in the State, as determined by the Sec-
retary on the basis of the most recent sat-
isfactory data, bears to the number of 
those individuals in all such States, as so 
determined; and 
‘‘(ii) an amount that bears the same 
relationship to 50 percent of the funds as 
the number of individuals age 5 through 
17 from families with incomes below the 
poverty line in the State, as determined by 
the Secretary on the basis of the most re-
cent satisfactory data, bears to the number 
of those individuals in all such States, as 
so determined. 
‘‘(B) SMALL STATE MINIMUM.—No State 
receiving an allotment under subparagraph (A) 
may receive less than one-half of 1 percent of 
the total amount of funds allotted under such 
subparagraph for a fiscal year. 
‘‘(C) APPLICABILITY.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply with respect to a fiscal year 
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unless the Secretary certifies in writing to 
Congress for that fiscal year that the 
amount of funds allotted under subpara-
graph (A) to local educational agencies 
that serve a high percentage of students 
from families with incomes below the pov-
erty line is not less than the amount allot-
ted to such local educational agencies for 
fiscal year 2013. 
‘‘(ii) SPECIAL
RULE.—For a fiscal 
year for which subparagraph (A) does not 
apply, the Secretary shall allocate to each 
State the funds described in subparagraph 
(A) according to the formula set forth in 
subsection (b)(2)(B)(i) of this section as in 
effect on the day before the date of enact-
ment of the Student Success Act. 
‘‘(c) REALLOTMENT.—If a State does not apply for 
an allotment under this section for any fiscal year or only 
a portion of the State’s allotment is allotted under sub-
section (c), the Secretary shall reallot the State’s entire 
allotment or the remaining portion of its allotment, as the 
case may be, to the remaining States in accordance with 
subsection (b). 
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‘‘SEC. 2112. STATE APPLICATION. 
‘‘(a) IN GENERAL.—For a State to be eligible to re-
ceive a grant under this subpart, the State educational 
agency shall submit an application to the Secretary at 
such time and in such a manner as the Secretary may 
reasonably require, which shall include the following: 
‘‘(1) A description of how the State educational 
agency will meet the requirements of this subpart. 
‘‘(2) A description of how the State educational 
agency will use a grant received under section 2111, 
including the grant funds the State will reserve for 
State-level activities under section 2113(a)(2). 
‘‘(3) A description of how the State educational 
agency will facilitate the sharing of evidence-based 
and other effective strategies among local edu-
cational agencies. 
‘‘(4) A description of how, and under what 
timeline, the State educational agency will allocate 
subgrants under subpart 2 to local educational agen-
cies. 
‘‘(5) If applicable, a description of how the 
State educational agency will work with local edu-
cational agencies in the State to develop or imple-
ment a teacher or school leader evaluation system. 
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‘‘(6) An assurance that the State educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘(b) DEEMED APPROVAL.—An application submitted 
by a State educational agency under subsection (a) shall 
be deemed to be approved by the Secretary unless the Sec-
retary makes a written determination, prior to the expira-
tion of the 120-day period beginning on the date on which 
the Secretary received the application, that the application 
is not in compliance with this subpart. 
‘‘(c) DISAPPROVAL.—The Secretary shall not finally 
disapprove an application, except after giving the State 
educational agency notice and an opportunity for a hear-
ing. 
‘‘(d) NOTIFICATION.—If the Secretary finds that an 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall— 
‘‘(1) give the State educational agency notice 
and an opportunity for a hearing; and 
‘‘(2) notify the State educational agency of the 
finding of noncompliance and, in such notification, 
shall— 
‘‘(A) cite the specific provisions in the ap-
plication that are not in compliance; and 
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‘‘(B) request additional information, only 
as to the noncompliant provisions, needed to 
make the application compliant. 
‘‘(e) RESPONSE.—If a State educational agency re-
sponds to a notification from the Secretary under sub-
section (d)(2) during the 45-day period beginning on the 
date on which the agency received the notification, and 
resubmits the application with the requested information 
described in subsection (d)(2)(B), the Secretary shall ap-
prove or disapprove such application prior to the later of— 
‘‘(1) the expiration of the 45-day period begin-
ning on the date on which the application is resub-
mitted; or 
‘‘(2) the expiration of the 120-day period de-
scribed in subsection (b). 
‘‘(f) FAILURE TO RESPOND.—If a State educational 
agency does not respond to a notification from the Sec-
retary under subsection (d)(2) during the 45-day period 
beginning on the date on which the agency received the 
notification, such application shall be deemed to be dis-
approved. 
‘‘SEC. 2113. STATE USE OF FUNDS. 
‘‘(a) IN GENERAL.—A State educational agency that 
receives a grant under section 2111 shall— 
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‘‘(1) reserve 95 percent of the grant funds to 
make subgrants to local educational agencies under 
subpart 2; and 
‘‘(2) use the remainder of the funds, after re-
serving funds under paragraph (1), for the State ac-
tivities described in subsection (b), except that the 
State may reserve not more than 1 percent of the 
grant funds for planning and administration related 
to carrying out activities described in subsection (b). 
‘‘(b) STATE-LEVEL
ACTIVITIES.—A State edu-
cational agency that receives a grant under section 2111— 
‘‘(1) shall use the amount described in sub-
section (a)(2) to fulfill the State educational agen-
cy’s responsibilities with respect to the proper and 
efficient administration of the subgrant program 
carried out under this part; and 
‘‘(2) may use the amount described in sub-
section (a)(2) to— 
‘‘(A) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide 
teacher evaluation system— 
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‘‘(I) the development and imple-
mentation of a teacher evaluation sys-
tem; and 
‘‘(II) training school leaders in 
using such evaluation system; or 
‘‘(ii) in the case of a State educational 
agency implementing a statewide teacher 
evaluation system, implementing such eval-
uation system; 
‘‘(B) disseminate and share evidence-based 
and other effective practices, including practices 
consistent with the principles of effectiveness 
described in section 2222(b), related to teacher 
and school leader effectiveness and professional 
development; 
‘‘(C) provide professional development for 
teachers and school leaders in the State con-
sistent with section 2123(6); and 
‘‘(D) provide training and technical assist-
ance to local educational agencies on— 
‘‘(i) in the case of a State educational 
agency not implementing a statewide 
school leader evaluation system, the devel-
opment and implementation of a school 
leader evaluation system; and 
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‘‘(ii) in the case of a State educational 
agency implementing a statewide school 
leader evaluation system, implementing 
such evaluation system. 
‘‘Subpart 2—Subgrants to Local Educational 
Agencies 
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES. 
‘‘(a) IN GENERAL.—Each State receiving a grant 
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(1) to award subgrants to local educational 
agencies under this section. 
‘‘(b) ALLOCATION OF FUNDS.—From the funds re-
served by a State under section 2113(a)(1), the State edu-
cational agency shall allocate to each local educational 
agency in the State the sum of— 
‘‘(1) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
dividuals age 5 through 17 in the geographic area 
served by the local educational agency, as deter-
mined by the State on the basis of the most recent 
satisfactory data, bears to the number of those indi-
viduals in the geographic areas served by all the 
local educational agencies in the State, as so deter-
mined; and 
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‘‘(2) an amount that bears the same relation-
ship to 50 percent of the funds as the number of in-
dividuals age 5 through 17 from families with in-
comes below the poverty line in the geographic area 
served by the local educational agency, as deter-
mined by the State on the basis of the most recent 
satisfactory data, bears to the number of those indi-
viduals in the geographic areas served by all the 
local educational agencies in the State, as so deter-
mined. 
‘‘SEC. 2122. LOCAL APPLICATIONS. 
‘‘To be eligible to receive a subgrant under this sub-
part, a local educational agency shall submit an applica-
tion to the State educational agency involved at such time, 
in such a manner, and containing such information as the 
State educational agency may reasonably require that, at 
a minimum, shall include the following: 
‘‘(1) A description of— 
‘‘(A) how the local educational agency will 
meet the requirements of this subpart; 
‘‘(B) how the activities to be carried out by 
the local educational agency under this subpart 
will be evidence-based, improve student aca-
demic achievement, and improve teacher and 
school leader effectiveness; 
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‘‘(C) if applicable, how, the local edu-
cational agency will work with parents, teach-
ers, school leaders, and other staff of the 
schools served by the local educational agency 
in developing and implementing a teacher eval-
uation system; and 
‘‘(2) If applicable, a description of how the local 
educational agency will develop and implement a 
teacher or school leader evaluation system. 
‘‘(3) An assurance that the local educational 
agency will comply with section 5501 (regarding par-
ticipation by private school children and teachers). 
‘‘SEC. 2123. LOCAL USE OF FUNDS. 
‘‘A local educational agency receiving a subgrant 
under this subpart may use such funds for— 
‘‘(1) the development and implementation of a 
teacher evaluation system that may— 
‘‘(A) use student achievement data derived 
from a variety of sources as a significant factor 
in determining a teacher’s evaluation, with the 
weight given to such data defined by the local 
educational agency; 
‘‘(B) use multiple measures of evaluation 
for evaluating teachers; 
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‘‘(C) have more than 2 categories for rat-
ing the performance of teachers; 
‘‘(D) be used to make personnel decisions, 
as determined by the local educational agency; 
and 
‘‘(E) be based on input from parents, 
school leaders, teachers, and other staff of 
schools served by the local educational agency. 
‘‘(2) in the case of a local educational agency 
located in a State implementing a statewide teacher 
evaluation system, implementing such evaluation 
system; 
‘‘(3) the training of school leaders or other indi-
viduals for the purpose of evaluating teachers or 
school leaders under a teacher or school leader eval-
uation system, as appropriate; 
‘‘(4) in the case of a local educational agency 
located in a State implementing a statewide school 
leader evaluation system, to implement such evalua-
tion system; 
‘‘(5) in the case of a local educational agency 
located in a State not implementing a statewide 
school leader evaluation system, the development 
and implementation of a school leader evaluation 
system; 
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‘‘(6) professional development for teachers and 
school leaders that is evidence-based, job-embedded, 
and continuous, such as— 
‘‘(A) subject-based professional develop-
ment for teachers, including for teachers of 
civic education, including for teachers of com-
puter science and other science, technology, en-
gineering, and mathematics subjects; 
‘‘(B) professional development aligned with 
the State’s academic standards; 
‘‘(C) professional development to assist 
teachers in meeting the needs of students with 
different learning styles, particularly students 
with disabilities, English learners, and gifted 
and talented students; 
‘‘(D) professional development for teachers 
or school leaders identified as in need of addi-
tional support through data provided by a 
teacher or school leader evaluation system, as 
appropriate; 
‘‘(E) professional development based on 
the current science of learning, which includes 
research on positive brain change and cognitive 
skill development; 
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‘‘(F) professional development for school 
leaders, including evidence-based mentorship 
programs for such leaders; 
‘‘(G) professional development on inte-
grated, 
interdisciplinary, 
and 
project-based 
teaching strategies, including for career and 
technical education teachers and teachers of 
computer science and other science, technology, 
engineering, and mathematics subjects; or 
‘‘(H) professional development on teaching 
dual credit, dual enrollment, Advanced Place-
ment, or International Baccalaureate postsec-
ondary-level courses to secondary school stu-
dents; 
‘‘(7) partnering with a public or private organi-
zation or a consortium of such organizations to de-
velop and implement a teacher evaluation system de-
scribed in subparagraph (A) or (B) of paragraph 
(1), or to administer professional development, as 
appropriate; 
‘‘(8) any activities authorized under section 
2222(a); or 
‘‘(9) class size reduction, except that the local 
educational agency may use not more than 10 per-
cent of such funds for this purpose. 
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‘‘Subpart 3—General Provisions 
‘‘SEC. 2131. REPORTING REQUIREMENTS. 
‘‘(a) LOCAL EDUCATIONAL AGENCIES.—Each local 
educational agency receiving a subgrant under subpart 2 
shall submit to the State educational agency involved, on 
an annual basis until the last year in which the local edu-
cational agency receives such subgrant funds, a report 
on— 
‘‘(1) how the local educational agency is meet-
ing the purposes of this part described in section 
2101; 
‘‘(2) how the local educational agency is using 
such subgrant funds; 
‘‘(3) in the case of a local educational agency 
implementing a teacher or school leader evaluation 
system, the results of such evaluation system, except 
that such report shall not reveal personally identifi-
able information about an individual teacher or 
school leader; and 
‘‘(4) any such other information as the State 
educational agency may require. 
‘‘(b) STATE EDUCATIONAL AGENCIES.—Each State 
educational agency receiving a grant under subpart 1 shall 
submit to the Secretary a report, on an annual basis until 
the last year in which the State educational agency re-
ceives such grant funds, on— 
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‘‘(1) how the State educational agency is meet-
ing the purposes of this part described in section 
2101; and 
‘‘(2) how the State educational agency is using 
such grant funds. 
‘‘SEC. 2132. NATIONAL ACTIVITIES. 
‘‘From the funds reserved by the Secretary under sec-
tion 2111(b)(1)(A), the Secretary shall, directly or 
through grants and contracts— 
‘‘(1) provide technical assistance to States and 
local educational agencies in carrying out activities 
under this part; and 
‘‘(2) acting through the Institute of Education 
Sciences, conduct national evaluations of activities 
carried out by State educational agencies and local 
educational agencies under this part. 
‘‘SEC. 2133. STATE DEFINED. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
(c) PART B.—Part B of title II (20 U.S.C. 6661 et 
seq.) is amended to read as follows: 
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‘‘PART B—TEACHER AND SCHOOL LEADER 
FLEXIBLE GRANT 
‘‘SEC. 2201. PURPOSE. 
‘‘The purpose of this part is to improve student aca-
demic achievement by— 
‘‘(1) supporting all State educational agencies, 
local educational agencies, schools, teachers, and 
school leaders to pursue innovative and evidence- 
based practices to help all students meet the State’s 
academic standards; and 
‘‘(2) increasing the number of teachers and 
school leaders who are effective in increasing student 
academic achievement. 
‘‘Subpart 1—Formula Grants to States 
‘‘SEC. 2211. STATE ALLOTMENTS. 
‘‘(a) RESERVATIONS.—From the amount appro-
priated under section 3(b) for any fiscal year, the Sec-
retary— 
‘‘(1) shall reserve 25 percent to award grants to 
States under this subpart; and 
‘‘(2) of the amount reserved under paragraph 
(1), shall reserve— 
‘‘(A) not more than 1 percent for national 
activities described in section 2233; 
‘‘(B) one-half of 1 percent for allotments 
to outlying areas on the basis of their relative 
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need, as determined by the Secretary, in ac-
cordance with the purpose of this part; and 
‘‘(C) one-half of 1 percent for the Sec-
retary of the Interior for programs under this 
part in schools operated or funded by the Bu-
reau of Indian Education. 
‘‘(b) STATE ALLOTMENTS.— 
‘‘(1) IN GENERAL.—From the total amount re-
served under subsection (a)(1) for each fiscal year 
and not reserved under subparagraphs (A) through 
(C) of subsection (a)(2), the Secretary shall allot, 
and make available in accordance with this section, 
to each State an amount that bears the same ratio 
to such sums as the school-age population of the 
State bears to the school-age population of all 
States. 
‘‘(2) SMALL STATE MINIMUM.—No State receiv-
ing an allotment under paragraph (1) may receive 
less than one-half of 1 percent of the total amount 
allotted under such paragraph. 
‘‘(3) REALLOTMENT.—If a State does not re-
ceive an allotment under this subpart for a fiscal 
year, the Secretary shall reallot the amount of the 
State’s allotment to the remaining States in accord-
ance with this section. 
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‘‘(c) STATE APPLICATION.—In order to receive an al-
lotment under this section for any fiscal year, a State shall 
submit an application to the Secretary, at such time and 
in such manner as the Secretary may reasonably require. 
Such application shall— 
‘‘(1) designate the State educational agency as 
the agency responsible for the administration and 
supervision of programs assisted under this part; 
‘‘(2) describe how the State educational agency 
will use funds received under this section for State 
level activities described in subsection (d)(3); 
‘‘(3) describe the procedures and criteria the 
State educational agency will use for reviewing appli-
cations and awarding subgrants in a timely manner 
to eligible entities under section 2221 on a competi-
tive basis; 
‘‘(4) describe how the State educational agency 
will ensure that subgrants made under section 2221 
are of sufficient size and scope to support effective 
programs that will help increase academic achieve-
ment in the classroom and are consistent with the 
purposes of this part; 
‘‘(5) describe the steps the State educational 
agency will take to ensure that eligible entities use 
subgrants received under section 2221 to carry out 
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programs that implement effective strategies, includ-
ing by providing ongoing technical assistance and 
training, and disseminating evidence-based and other 
effective strategies to such eligible entities; 
‘‘(6) describe how programs under this part will 
be coordinated with other programs under this Act; 
and 
‘‘(7) include an assurance that, other than pro-
viding technical and advisory assistance and moni-
toring compliance with this part, the State edu-
cational agency has not exercised, and will not exer-
cise, any influence in the decision-making processes 
of eligible entities as to the expenditure of funds 
made pursuant to an application submitted under 
section 2221(b). 
‘‘(d) STATE USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Each State that receives an 
allotment under this section shall reserve not less 
than 92 percent of the amount allotted to such State 
under subsection (b), for each fiscal year, for sub-
grants to eligible entities under subpart 2. 
‘‘(2) STATE
ADMINISTRATION.—A State edu-
cational agency may reserve not more than 1 percent 
of the amount made available to the State under 
subsection (b) for the administrative costs of car-
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rying out such State educational agency’s respon-
sibilities under this subpart. 
‘‘(3) STATE-LEVEL ACTIVITIES.— 
‘‘(A) INNOVATIVE TEACHER AND SCHOOL 
LEADER
ACTIVITIES.—A 
State 
educational 
agency shall reserve not more than 4 percent of 
the amount made available to the State under 
subsection (b) to carry out, solely, or in part-
nership with State agencies of higher education, 
1 or more of the following activities: 
‘‘(i) Reforming teacher and school 
leader certification, recertification, licens-
ing, and tenure systems to ensure that 
such systems are rigorous and that— 
‘‘(I) each teacher has the subject 
matter knowledge and teaching skills 
necessary to help students meet the 
State’s academic standards; and 
‘‘(II) school leaders have the in-
structional leadership skills to help 
teachers instruct and students learn. 
‘‘(ii) Improving the quality of teacher 
preparation programs within the State, in-
cluding through the use of appropriate stu-
dent achievement data and other factors to 
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evaluate the quality of teacher preparation 
programs within the State. 
‘‘(iii) Carrying out programs that es-
tablish, expand, or improve alternative 
routes for State certification or licensure of 
teachers and school leaders, including such 
programs for— 
‘‘(I) 
mid-career 
professionals 
from other occupations, including 
computer science and other science, 
technology, engineering, and math 
fields; 
‘‘(II) former military personnel; 
and 
‘‘(III) recent graduates of an in-
stitution of higher education, with a 
record of academic distinction, who 
demonstrate the potential to become 
effective teachers or school leaders. 
‘‘(iv) Developing, or assisting eligible 
entities in developing— 
‘‘(I) performance-based pay sys-
tems for teachers and school leaders; 
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‘‘(II) strategies that provide dif-
ferential, incentive, or bonus pay for 
teachers and school leaders; or 
‘‘(III) teacher and school leader 
advancement initiatives that promote 
professional growth and emphasize 
multiple career paths and pay dif-
ferentiation. 
‘‘(v) Developing, or assisting eligible 
entities in developing, new, evidence-based 
teacher and school leader induction and 
mentoring programs that are designed 
to— 
‘‘(I) improve instruction and stu-
dent academic achievement; and 
‘‘(II) increase the retention of ef-
fective teachers and school leaders. 
‘‘(vi) Providing professional develop-
ment for teachers and school leaders that 
is focused on improving teaching and stu-
dent academic achievement, including for 
students with different learning styles, par-
ticularly students with disabilities, English 
learners, gifted and talented students, and 
other special populations. 
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‘‘(vii) Providing training and technical 
assistance to eligible entities that receive a 
subgrant under section 2221. 
‘‘(viii) Other activities identified by 
the State educational agency that meet the 
purposes of this part, including those ac-
tivities authorized under subparagraph 
(B). 
‘‘(B) TEACHER OR SCHOOL LEADER PREP-
ARATION ACADEMIES.— 
‘‘(i) IN GENERAL.—In the case of a 
State in which teacher or school leader 
preparation academies are allowable under 
State law, a State educational agency may 
reserve not more than 3 percent of the 
amount made available to the State under 
subsection (b) to support the establishment 
or expansion of one or more teacher or 
school leader preparation academies and, 
subject to the limitation under clause (iii), 
to support State authorizers for such acad-
emies. 
‘‘(ii) MATCHING
REQUIREMENT.—A 
State educational agency shall not provide 
funds under this subparagraph to support 
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the establishment or expansion of a teach-
er or school leader preparation academy 
unless the academy agrees to provide, ei-
ther directly or through private contribu-
tions, non-Federal matching funds equal to 
not less than 10 percent of the amount of 
the funds the academy will receive under 
this subparagraph. 
‘‘(iii) FUNDING FOR STATE AUTHOR-
IZERS.—Not more than 5 percent of funds 
provided to a teacher or school leader prep-
aration academy under this subparagraph 
may be used to support activities of State 
authorizers for such academy. 
‘‘SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLI-
CATIONS. 
‘‘(a) DEEMED APPROVAL.—An application submitted 
by a State pursuant to section 2211(c) shall be deemed 
to be approved by the Secretary unless the Secretary 
makes a written determination, prior to the expiration of 
the 120-day period beginning on the date on which the 
Secretary received the application, that the application is 
not in compliance with section 2211(c). 
‘‘(b) DISAPPROVAL PROCESS.— 
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‘‘(1) IN GENERAL.—The Secretary shall not fi-
nally disapprove an application submitted under sec-
tion 2211(c), except after giving the State edu-
cational agency notice and an opportunity for a 
hearing. 
‘‘(2) NOTIFICATION.—If the Secretary finds 
that an application is not in compliance, in whole or 
in part, with section 2211(c) the Secretary shall— 
‘‘(A) give the State educational agency no-
tice and an opportunity for a hearing; and 
‘‘(B) notify the State educational agency of 
the finding of noncompliance and, in such noti-
fication, shall— 
‘‘(i) cite the specific provisions in the 
application that are not in compliance; and 
‘‘(ii) request additional information, 
only as to the noncompliant provisions, 
needed to make the application compliant. 
‘‘(3) RESPONSE.—If a State educational agency 
responds to a notification from the Secretary under 
paragraph (2)(B) during the 45-day period begin-
ning on the date on which the State educational 
agency received the notification, and resubmits the 
application with the requested information described 
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in paragraph (2)(B)(ii), the Secretary shall approve 
or disapprove such application prior to the later of— 
‘‘(A) the expiration of the 45-day period 
beginning on the date on which the application 
is resubmitted; or 
‘‘(B) the expiration of the 120-day period 
described in subsection (a). 
‘‘(4) FAILURE TO RESPOND.—If the State edu-
cational agency does not respond to a notification 
from the Secretary under paragraph (2)(B) during 
the 45-day period beginning on the date on which 
the State educational agency received the notifica-
tion, such application shall be deemed to be dis-
approved. 
‘‘Subpart 2—Local Competitive Grant Program 
‘‘SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM. 
‘‘(a) IN GENERAL.—A State that receives an allot-
ment under section 2211(b) for a fiscal year shall use the 
amount reserved under section 2211(d)(1) to award sub-
grants, on a competitive basis, to eligible entities in ac-
cordance with this section to enable such entities to carry 
out the programs and activities described in section 2222. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
subgrant under this section, an eligible entity shall 
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