364 
‘‘(2) a consortium of local educational agencies 
working in partnership with a community-based or-
ganization, business entity, or nongovernmental enti-
ty; 
‘‘(3) a community-based organization in part-
nership with a local educational agency and, if appli-
cable, a business entity or nongovernmental entity; or 
‘‘(4) a business entity in partnership with a 
local educational agency and, if applicable, a commu-
nity-based organization or nongovernmental entity. 
‘‘SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO 
IMPROVE ACADEMIC ACHIEVEMENT. 
‘‘(a) IN GENERAL.—From the amount reserved under 
section 3202(c)(2), a State educational agency shall award 
grants to nongovernmental entities, including public or pri-
vate organizations, community-based or faith-based organi-
zations, and business entities for a program or project to 
increase the academic achievement of public school students 
attending public elementary or secondary schools (or both) 
in compliance with the requirements in this section. Subject 
to the availability of funds, the State educational agency 
shall award a grant to each eligible applicant that meets 
the requirements in a sufficient size and scope to support 
the program. 
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‘‘(b) APPLICATION.—The State educational agency 
shall require an application that includes the following in-
formation: 
‘‘(1) A description of the program or project the 
applicant will use the funds to support. 
‘‘(2) A description of how the applicant is using 
or will use other State, local, or private funding to 
support the program or project. 
‘‘(3) A description of how the program or project 
will help increase student academic achievement, in-
cluding the evidence to support this claim. 
‘‘(4) A description of the student population the 
program or project is targeting to impact, and if the 
program will prioritize students in high-need local 
educational agencies. 
‘‘(5) A description of how the applicant will con-
duct sufficient outreach to ensure students can par-
ticipate in the program or project. 
‘‘(6) A description of any partnerships the appli-
cant has entered into with local educational agencies 
or other entities the applicant will work with, if ap-
plicable. 
‘‘(7) A description of how the applicant will 
work to share evidence-based and other effective strat-
egies from the program or project with local edu-
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366 
cational agencies and other entities working with stu-
dents to increase academic achievement. 
‘‘(8) An assurance that students who benefit from 
any program or project funded under this section 
shall continue to maintain enrollment in a public ele-
mentary or secondary school. 
‘‘(c) MATCHING CONTRIBUTION.—An eligible appli-
cant receiving a grant under this section shall provide, ei-
ther directly or through private contributions, non-Federal 
matching funds equal to not less than 50 percent of the 
amount of the grant. 
‘‘(d) REVIEW.—The State educational agency shall re-
view the application to ensure that— 
‘‘(1) the applicant is an eligible applicant; 
‘‘(2) the application clearly describes the re-
quired elements in subsection (b); 
‘‘(3) the entity meets the matching requirement 
described in subsection (c); and 
‘‘(4) the program is allowable and complies with 
Federal, State, and local laws. 
‘‘(e) DISTRIBUTION OF FUNDS.—If the application re-
quests exceed the funds available, the State educational 
agency shall prioritize projects that support students in 
high-need local educational agencies and ensure geographic 
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367 
diversity, including serving rural, suburban, and urban 
areas. 
‘‘(f) ADMINISTRATIVE COSTS.—Not more than 1 per-
cent of a grant awarded under this section may be used 
for administrative costs. 
‘‘SEC. 3206. REPORT. 
‘‘Each recipient of a grant under section 3204 or 3205 
shall report to the State educational agency on— 
‘‘(1) the success of the program in reaching the 
goals of the program; 
‘‘(2) a description of the students served by the 
program and how the students’ academic achievement 
improved; and 
‘‘(3) the results of any evaluation conducted on 
the success of the program.’’. 
TITLE IV—IMPACT AID 
SEC. 401. PURPOSE. 
Section 8001 (20 U.S.C. 7701) is amended by striking 
‘‘challenging State standards’’ and inserting ‘‘State aca-
demic standards’’. 
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION 
OF REAL PROPERTY. 
Section 8002 (20 U.S.C. 7702) is amended— 
(1) in subsection (b)(1)(B), by striking ‘‘section 
8014(a)’’ and inserting ‘‘section 3(d)(1)’’; and 
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368 
(2) by amending subsection (f) to read as follows: 
‘‘(f) SPECIAL RULE.—Beginning with fiscal year 
2014, a local educational agency shall be deemed to meet 
the requirements of subsection (a)(1)(C) if records to deter-
mine eligibility under such subsection were destroyed prior 
to fiscal year 2000 and the agency received funds under 
subsection (b) in the previous year.’’; 
(3) by amending subsection (g) to read as fol-
lows: 
‘‘(g) FORMER DISTRICTS.— 
‘‘(1) CONSOLIDATIONS.—For fiscal year 2006 
and each succeeding fiscal year, if a local educational 
agency described in paragraph (2) is formed at any 
time after 1938 by the consolidation of two or more 
former school districts, the local educational agency 
may elect to have the Secretary determine its eligi-
bility and any amount for which the local edu-
cational agency is eligible under this section for such 
fiscal year on the basis of one or more of those former 
districts, as designated by the local educational agen-
cy. 
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CIES.—A local educational agency described in this 
paragraph is— 
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‘‘(A) any local educational agency that, for 
fiscal year 1994 or any preceding fiscal year, 
applied for, and was determined to be eligible 
under section 2(c) of the Act of September 30, 
1950 (Public Law 874, 81st Congress) as that 
section was in effect for that fiscal year; or 
‘‘(B) a local educational agency formed by 
the consolidation of 2 or more school districts, at 
least one of which was eligible for assistance 
under this section for the fiscal year preceding 
the year of the consolidation, if— 
‘‘(i) for fiscal years 2006 through 2013, 
the local educational agency notifies the 
Secretary not later than 30 days after the 
date of enactment of the Student Success 
Act of the designation described in para-
graph (1); and 
‘‘(ii) for fiscal year 2014, and each 
subsequent fiscal year, the local educational 
agency includes the designation in its ap-
plication under section 8005 or any timely 
amendment to such application. 
‘‘(3) AVAILABILITY OF FUNDS.—Notwithstanding 
any other provision of law limiting the period during 
which the Secretary may obligate funds appropriated 
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371 
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CON-
NECTED CHILDREN. 
(a) COMPUTATION OF PAYMENT.—Section 8003(a) (20 
U.S.C. 7703(a)) is amended— 
(1) in the matter preceding subparagraph (A) of 
paragraph (1), by inserting after ‘‘schools of such 
agency’’ the following: ‘‘(including those children en-
rolled in such agency as a result of the open enroll-
ment policy of the State in which the agency is lo-
cated, but not including children who are enrolled in 
a distance education program at such agency and 
who are not residing within the geographic bound-
aries of such agency)’’; and 
(2) in paragraph (5)(A), by striking ‘‘1984’’ and 
all that follows through ‘‘situated’’ and inserting 
‘‘1984, or under lease of off-base property under sub-
chapter IV of chapter 169 of title 10, United States 
Code, to be children described under paragraph (1)(B) 
if the property described is within the fenced security 
perimeter of the military facility or attached to and 
under any type of force protection agreement with the 
military installation upon which such housing is sit-
uated’’. 
(b) BASIC SUPPORT PAYMENTS
FOR HEAVILY IM-
PACTED LOCAL EDUCATIONAL AGENCIES.—Section 8003(b) 
(20 U.S.C. 7703(b)) is amended— 
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(1) by striking ‘‘section 8014(b)’’ each place it 
appears and inserting ‘‘section 3(d)(2)’’; 
(2) in paragraph (1), by repealing subparagraph 
(E); 
(3) in paragraph (2)— 
(A) in subparagraph (A), by inserting at 
the end the following: 
‘‘(iii) The Secretary shall— 
‘‘(I) deem each local educational agen-
cy that received a basic support payment 
under this paragraph for fiscal year 2009 
as eligible to receive a basic support pay-
ment under this paragraph for each of fiscal 
years 2012, 2013, and 2014; and 
‘‘(II) make a payment to each such 
local educational agency under this para-
graph for each of fiscal years 2012, 2013, 
and 2014.’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘CONTINUING’’ in the 
heading; 
(ii) by amending clause (i) to read as 
follows: 
‘‘(i) IN GENERAL.—A heavily impacted 
local educational agency is eligible to re-
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373 
ceive a basic support payment under sub-
paragraph (A) with respect to a number of 
children determined under subsection (a)(1) 
if the agency— 
‘‘(I) is a local educational agen-
cy— 
‘‘(aa) whose boundaries are 
the same as a Federal military 
installation or an island property 
designated by the Secretary of the 
Interior to be property that is 
held in trust by the Federal Gov-
ernment; and 
‘‘(bb) that has no taxing au-
thority; 
‘‘(II) is a local educational agency 
that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enrollment 
of the agency that is not less than 
45 percent; 
‘‘(bb) has a per-pupil ex-
penditure that is less than— 
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‘‘(AA) for an agency 
that has a total student en-
rollment of 500 or more stu-
dents, 125 percent of the av-
erage per-pupil expenditure 
of the State in which the 
agency is located; or 
‘‘(BB) for any agency 
that has a total student en-
rollment less than 500, 150 
percent of the average per- 
pupil 
expenditure 
of 
the 
State in which the agency is 
located or the average per- 
pupil expenditure of 3 or 
more comparable local edu-
cational agencies in the State 
in which the agency is lo-
cated; and 
‘‘(cc) is an agency that— 
‘‘(AA) has a tax rate for 
general fund purposes that is 
not less than 95 percent of 
the average tax rate for gen-
eral fund purposes of com-
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375 
parable 
local 
educational 
agencies in the State; or 
‘‘(BB) was eligible to re-
ceive a payment under this 
subsection for fiscal year 
2013 and is located in a 
State that by State law has 
eliminated ad valorem tax as 
a revenue for local edu-
cational agencies; 
‘‘(III) is a local educational agen-
cy that— 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) that constitutes a percent-
age of the total student enrollment 
of the agency that is not less than 
20 percent; 
‘‘(bb) for the 3 fiscal years 
preceding the fiscal year for which 
the determination is made, the av-
erage enrollment of children who 
are not described in subsection 
(a)(1) and who are eligible for a 
free or reduced price lunch under 
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the Richard B. Russell National 
School Lunch Act constitutes a 
percentage of the total student en-
rollment of the agency that is not 
less than 65 percent; and 
‘‘(cc) has a tax rate for gen-
eral fund purposes which is not 
less than 125 percent of the aver-
age tax rate for general fund pur-
poses for comparable local edu-
cational agencies in the State; 
‘‘(IV) is a local educational agen-
cy that has a total student enrollment 
of not less than 25,000 students, of 
which— 
‘‘(aa) not less than 50 per-
cent are children described in sub-
section (a)(1); and 
‘‘(bb) not less than 5,500 of 
such children are children de-
scribed in subparagraphs (A) and 
(B) of subsection (a)(1); or 
‘‘(V) is a local educational agency 
that— 
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