531 
‘‘(42) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and each of the outlying 
areas. 
‘‘(43) STATE
EDUCATIONAL
AGENCY.—The 
term ‘State educational agency’ means the agency 
primarily responsible for the State supervision of 
public elementary schools and secondary schools. 
‘‘(44) 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, soft-
ware applications, data systems, and other electronic 
content 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. 
‘‘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 
Bureau of Indian Education;
532 
‘‘(2) a school operated under a contract or 
grant with the Bureau of Indian Education in con-
sortium 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 
organization, 
shall be given the same consideration as a local edu-
cational 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). 
‘‘(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.—
533 
‘‘(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; 
‘‘(F) State-level activities designed to carry 
out this title; 
‘‘(G) training personnel engaged in audit 
and other monitoring activities; and
534 
‘‘(H) implementation of the Cooperative 
Audit Resolution and Oversight Initiative of the 
Department. 
‘‘(c) RECORDS.—A State educational agency that 
consolidates administrative funds under this section shall 
not be required to keep separate records, by individual 
program, to account for costs relating to the administra-
tion of programs included in the consolidation under sub-
section (a). 
‘‘(d) REVIEW.—To determine the effectiveness of 
State administration under this section, the Secretary may 
periodically review the performance of State educational 
agencies in using consolidated administrative funds under 
this section and take such steps as the Secretary finds 
appropriate to ensure the effectiveness of that administra-
tion. 
‘‘(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). 
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS 
AND ASSESSMENT DEVELOPMENT.—In order to develop 
State academic standards and assessments, a State edu-
535 
cational 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 du-
plication in conducting administrative functions. 
‘‘SEC. 6203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN-
ISTRATION. 
‘‘(a) GENERAL AUTHORITY.—In accordance with 
regulations of the Secretary and for any fiscal year, a local 
educational agency, with the approval of its State edu-
cational agency, may consolidate and use for the adminis-
tration of one or more programs under this Act (or such 
other programs as the Secretary shall designate) not more 
than the percentage, established in each program, of the 
total available for the local educational agency under those 
programs. 
‘‘(b) STATE
PROCEDURES.—A State educational 
agency shall, in collaboration with local educational agen-
cies in the State, establish procedures for responding to 
requests from local educational agencies to consolidate ad-
ministrative funds under subsection (a) and for estab-
lishing limitations on the amount of funds under those
536 
programs that may be used for administration on a con-
solidated 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 
educational 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 pro-
gram, 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
537 
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 Sec-
retary 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 In-
terior may use not more than 1.5 percent of the funds 
consolidated under this section for its costs related to the 
administration of the funds transferred under this section.
538 
‘‘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 
APPLICATIONS. 
‘‘(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 es-
tablish procedures and criteria under which, after 
consultation 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—
539 
‘‘(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 con-
solidated State application under this section ap-
plies. 
‘‘(b) COLLABORATION.— 
‘‘(1) IN GENERAL.—In establishing criteria and 
procedures under this section, the Secretary shall 
collaborate with State educational agencies and, as 
appropriate, with other State agencies, local edu-
cational agencies, public and private agencies, orga-
nizations, and institutions, private schools, and par-
ents, students, 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-
540 
tion, assurances, and other material required to be 
included 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 ap-
plicable 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.
541 
‘‘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 Indian tribe, if the law authorizing the pro-
gram provides 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 meth-
ods of administering each such program, including— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
542 
nizations, and other recipients responsible for 
carrying 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 pro-
gram; and 
‘‘(B) maintain such records, provide such 
information to the Secretary, and afford such 
access to the records as the Secretary may find
543 
necessary to carry out the Secretary’s duties; 
and 
‘‘(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 edu-
cational agency receiving funds under more than one 
covered program may submit plans or applications 
to the State educational agency under those pro-
grams 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
544 
consolidated State plan or consolidated State application 
to submit consolidated local plans or applications under 
those programs, but may not require those agencies to 
submit separate plans. 
‘‘(c) COLLABORATION.—A State educational agency, 
in consultation with the Governor, shall collaborate with 
local educational agencies in the State in establishing pro-
cedures for the submission of the consolidated State plans 
or consolidated State applications under this section. 
‘‘(d) NECESSARY
MATERIALS.—The State edu-
cational agency shall require only descriptions, informa-
tion, assurances, 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 applica-
tion under this Act, shall have on file with the State edu-
cational agency a single set of assurances, applicable to 
each program 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;
545 
‘‘(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 eligible private agency, institution, organization, 
or Indian tribe, if the law authorizing the program 
provides 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 re-
quired by the authorizing statutes; 
‘‘(3) the applicant will adopt and use proper 
methods of administering each such program, in-
cluding— 
‘‘(A) the enforcement of any obligations 
imposed by law on agencies, institutions, orga-
nizations, and other recipients responsible for 
carrying 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;
546 
‘‘(5) the applicant will use such fiscal control 
and fund accounting procedures as will ensure prop-
er disbursement of, and accounting for, Federal 
funds paid to the applicant under each such pro-
gram; 
‘‘(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 Sec-
retary 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.
547 
‘‘(b) GEPA PROVISION.—Section 442 of the General 
Education Provisions Act shall not apply to programs 
under this Act. 
‘‘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 Sec-
retary to waive any statutory or regulatory require-
ment 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 stat-
utory 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 subsection. 
‘‘(b) PLAN.— 
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe that de-
sires a waiver under this section shall submit a waiv-
548 
er request to the Secretary, which shall include a 
plan that— 
‘‘(A) identifies the Federal programs af-
fected by the requested waiver; 
‘‘(B) describes which Federal statutory or 
regulatory requirements are to be waived; 
‘‘(C) reasonably demonstrates that the 
waiver will improve instruction for students and 
advance 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 re-
quested. 
‘‘(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—
549 
‘‘(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 on the requests of, local educational 
agencies in the State) to the Secretary; or 
‘‘(ii) by Indian tribes (on behalf of 
schools operated by the tribes) to the Sec-
retary. 
‘‘(3) GENERAL REQUIREMENTS.— 
‘‘(A) STATE EDUCATIONAL AGENCIES.—In 
the case of a waiver request submitted by a 
State educational agency acting on its own be-
half, or on behalf of local educational agencies 
in the State, the State educational agency 
shall— 
‘‘(i) provide the public and local edu-
cational agencies in the State with notice 
and a reasonable opportunity to comment 
and provide input on the request; 
‘‘(ii) submit the comments and input 
to the Secretary, with a description of how 
the State addressed the comments and 
input; and
550 
‘‘(iii) provide notice and a reasonable 
time to comment to the public and local 
educational agencies in the manner in 
which the applying agency customarily pro-
vides similar notice and opportunity to 
comment to the public. 
‘‘(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 ac-
companied 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.—
551 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a multi-disciplinary peer review 
team, which shall meet the requirements of sec-
tion 6543, to review waiver requests under this 
section. 
‘‘(B) APPLICABILITY.—The Secretary may 
approve a waiver request under this section 
without conducting a peer review of the request, 
but shall use the peer review process under this 
paragraph before disapproving such a request. 
‘‘(C) STANDARD
AND
NATURE
OF
RE-
VIEW.—Peer reviewers shall conduct a good 
faith review of waiver requests submitted to 
them under this section. Peer reviewers shall re-
view 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, DEMONSTRA-
TION, AND REVISION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
approve a waiver request not more than 60 
days after the date on which such request is
552 
submitted, unless the Secretary determines and 
demonstrates 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-
erence to State and local judgment, pro-
vides no reasonable evidence to determine 
that a waiver will enhance student aca-
demic 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
553 
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 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 re-
quirements of this section, at the request 
of the State educational agency, local edu-
cational agency, or Indian tribe, conduct a 
public hearing not more than 30 days after 
the date of such resubmission. 
‘‘(C) WAIVER
DISAPPROVAL.—The Sec-
retary may disapprove a waiver request if— 
‘‘(i) the State educational agency, 
local educational agency, or Indian tribe 
has been notified and offered an oppor-
tunity to revise and resubmit the waiver
554 
request, as described under clauses (i) and 
(ii) of subparagraph (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 not meet the requirements of this 
section after a hearing conducted 
under subparagraph (B)(iii), if re-
quested. 
‘‘(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 require-
ments 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;
555 
‘‘(3) use of Federal funds to supplement, not 
supplant, non-Federal funds; 
‘‘(4) equitable participation of private school 
students 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 
‘‘(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 partici-
pate in activities under subpart 1 of part A of title 
I if the percentage of children from low-income fami-
lies 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 edu-
cational agency that meets the requirements of sub-
sections (a) and (b) of section 1113.
556 
‘‘(d) DURATION AND EXTENSION OF WAIVER; LIMI-
TATIONS.— 
‘‘(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 
demonstrates 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 re-
quested and the waiver has contributed to im-
proved student 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 re-
quest, specific academic standards, such as the 
Common Core State Standards developed under 
the Common Core State Standards Initiative or 
any other standards common to a significant 
number of States;
557 
‘‘(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 waiv-
er request any criterion that specifies, defines, 
describes, or prescribes the standards or meas-
ures that a State or local educational agency or 
Indian tribe uses to establish, implement, or im-
prove— 
‘‘(i) State academic standards; 
‘‘(ii) academic assessments; 
‘‘(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;
558 
‘‘(B) describes how schools continued to 
provide 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 Edu-
cation and the Workforce of the House of Rep-
resentatives and the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate a re-
port— 
‘‘(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 
determines, after notice and an opportunity for a hearing, 
that the performance of the State or other recipient af-
fected by the waiver has been inadequate to justify a con-
tinuation of the waiver and the recipient of the waiver has
559 
failed to make revisions needed to carry out the purpose 
of the waiver, 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 
published in the Federal Register and the Secretary shall 
provide for the dissemination of the notice to State edu-
cational agencies, interested parties, including educators, 
parents, students, advocacy and civil rights organizations, 
and the public. 
‘‘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 pro-
vided in this Act, to the extent consistent with the 
number of eligible children in areas served by a 
State educational agency, local educational agency, 
educational service agency, consortium of those 
agencies, or another entity receiving financial assist-
ance 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 en-
560 
tity shall, after timely and meaningful consultation 
with appropriate private school officials or their rep-
resentatives, provide to those children and their 
teachers or other educational personnel, on an equi-
table basis, special educational services or other ben-
efits that address their needs under the program. 
‘‘(2) SECULAR, NEUTRAL, AND
NONIDEOLOG-
ICAL SERVICES OR BENEFITS.—Educational services 
or other benefits, including materials and equipment, 
provided under this section, shall be secular, neutral, 
and nonideological. 
‘‘(3) SPECIAL RULE.— 
‘‘(A) IN
GENERAL.—Educational services 
and other benefits provided under this section 
for private school children, teachers, and other 
educational personnel shall be equitable in com-
parison 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 
children, teachers, and other educational per-
sonnel under this section, the State educational 
agency involved shall designate the ombudsman
561 
designated 
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 
service personnel shall be equal to the expendi-
tures for participating public school children, 
taking into account the number and educational 
needs, of the children to be served. 
‘‘(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 agen-
cy; 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—
562 
‘‘(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, 
consortium, or entity described in subsection (a)(1) 
of 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.
563 
‘‘(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 
meaningful consultation, a State educational agency, 
local educational agency, educational service agency, 
consortium of those agencies, or entity shall consult, 
in order to reach an agreement, with appropriate 
private school officials or their representatives dur-
ing the design and development of the programs 
under this Act, on issues such as— 
‘‘(A) how the children’s needs will be iden-
tified; 
‘‘(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 
services to be provided to the eligible private 
school children, teachers, and other educational 
personnel, the proportion of funds that are allo-
564 
cated 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, consor-
tium, or entity will make decisions about the 
delivery of services, including a thorough con-
sideration and analysis of the views of the pri-
vate school officials 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 
a contract, the local educational agency will 
provide in writing to such private school offi-
cials 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—
565 
‘‘(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) 
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 pri-
vate school officials or their representatives with re-
spect to an issue described in paragraph (1), the 
agency, consortium, or entity shall provide to the 
private school officials or their representatives a 
written explanation of the reasons why the local edu-
cational agency has chosen not to adopt the course 
of action requested by such officials or their rep-
resentatives.
566 
‘‘(3) TIMING.—The consultation required by 
paragraph (1) shall occur before the agency, consor-
tium, or entity makes any decision that affects the 
opportunities of eligible private school children, 
teachers, and other educational personnel to partici-
pate in programs 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 
services to eligible private school children, teachers, 
administrators, and other staff. 
‘‘(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 
design is not equitable with respect to eligible pri-
567 
vate school children. If such officials or their rep-
resentatives do not provide such affirmation within 
a reasonable period of time, the local educational 
agency shall forward the documentation that such 
consultation 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 
and timely, did not give due consideration to 
the views of the private school official or rep-
resentative, or did not treat the private school 
or its students equitably as required by this sec-
tion. 
‘‘(B) PROCEDURE.—If the private school 
official or representative wishes to file a com-
plaint, the private school official or representa-
tive shall provide the basis of the noncompli-
ance with this section and all parties shall pro-
568 
vide the appropriate documentation to the ap-
propriate officials or representatives. 
‘‘(C) 
SERVICES.—A 
State 
educational 
agency shall provide services under this section 
directly or through contracts with public and 
private agencies, organizations, and institutions, 
if— 
‘‘(i) the appropriate private school of-
ficials or their representatives have— 
‘‘(I) requested that the State 
educational agency provide such serv-
ices directly; and 
‘‘(II) demonstrated that the local 
educational agency or Education Serv-
ice Agency involved has not met the 
requirements of this section; or 
‘‘(ii) in a case in which— 
‘‘(I) a local educational agency 
has more than 10,000 children from 
low-income families who attend pri-
vate elementary schools or secondary 
schools in such agency’s school at-
tendance areas, as defined in section 
1113(a)(2)(A), that are not being
569 
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 
section. 
‘‘(d) PUBLIC CONTROL OF FUNDS.— 
‘‘(1) IN GENERAL.—The control of funds used 
to provide services under this section, and title to 
materials, 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.— 
‘‘(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,
570 
person, association, agency, organization, or 
other entity shall be independent of the private 
school and of any religious organization, and 
the employment 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- 
Federal 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 partici-
pation in programs of children enrolled in, or teachers or 
other educational personnel from, private elementary 
schools and secondary schools, on an equitable basis, or 
if the Secretary determines that the agency, consortium, 
or entity has substantially failed or is unwilling to provide 
for that participation, 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
571 
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 6501, 6503, and 6504. 
‘‘(b) DETERMINATION.—In making the determina-
tion under subsection (a), the Secretary shall consider one 
or more factors, including the quality, size, scope, and lo-
cation of the program, and the opportunity of private 
school children, teachers, and other educational personnel 
to participate in the program. 
‘‘SEC. 6503. COMPLAINT PROCESS FOR PARTICIPATION OF 
PRIVATE SCHOOL CHILDREN. 
‘‘(a) PROCEDURES
FOR COMPLAINTS.—The Sec-
retary shall develop and implement written procedures for 
receiving, investigating, and resolving complaints from 
parents, teachers, or other individuals and organizations 
concerning violations of section 6501 by a State edu-
cational agency, local educational agency, educational 
service agency, consortium of those agencies, or entity. 
The individual or organization 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 re-
solves the complaint or fails to resolve the complaint with-
572 
in 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 
Federal Government shall, directly or indirectly, through 
grants, contracts, or other cooperative agreements, man-
date, direct, incentivize, or control a State, local edu-
cational agency, or school’s specific instructional content, 
academic standards and assessments, curricula, or pro-
gram of instruction, (including any requirement, direction, 
incentive, or mandate to adopt the Common Core State 
Standards developed under the Common Core State 
Standards Initiative or any other academic standards com-
mon to a significant number of States), nor shall anything 
in this Act be construed to authorize such officer or em-
ployee to do so. 
‘‘(b) FINANCIAL SUPPORT.—No officer or employee 
of the Federal Government shall, directly or indirectly, 
through grants, contracts, or other cooperative agree-
573 
ments, make financial support available in a manner that 
is conditioned upon a State, local educational agency, or 
school’s adoption of specific instructional content, aca-
demic standards and assessments, curriculum, or program 
of instruction, (including any requirement, direction, or 
mandate to adopt the Common Core State Standards de-
veloped under the Common Core State Standards Initia-
tive, any other academic standards common to a signifi-
cant number of States, or any assessment, instructional 
content, or curriculum aligned to such standards), even 
if such requirements 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, direct, or control a State, local educational agen-
cy, or school’s curriculum, program of instruction, or allo-
cation 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.
574 
‘‘(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 indi-
rectly—whether through a grant, contract, or cooperative 
agreement—to endorse, approve, develop, require, or sanc-
tion any curriculum, including any curriculum aligned to 
the Common Core State Standards developed under the 
Common Core State Standards Initiative or any other aca-
demic standards common to a significant number of 
States, designed to be used in an elementary school or sec-
ondary school. 
‘‘(c) LOCAL CONTROL.—Nothing in this Act shall be 
construed to— 
‘‘(1) authorize an officer or employee of the 
Federal Government directly or indirectly—whether 
through a grant, contract, or cooperative agree-
ment—to mandate, direct, review, or control a State, 
local educational agency, or school’s instructional 
content, curriculum, and related activities; 
‘‘(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
575 
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 as-
sistance 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 
Secretary or to the recipient of any award may be used 
to develop, pilot test, field test, implement, administer, or 
distribute any federally sponsored national test or testing 
materials 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
576 
the authority of section 153(a)(5) of the Education 
Sciences Reform Act of 2002 and administered to only a 
representative sample of pupils in the United States and 
in foreign nations. 
‘‘SEC. 6524. LIMITATIONS ON NATIONAL TESTING OR CER-
TIFICATION FOR TEACHERS. 
‘‘(a) MANDATORY NATIONAL TESTING OR CERTIFI-
CATION OF TEACHERS.—Notwithstanding any other pro-
vision 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 edu-
cation paraprofessionals, including any planning, develop-
ment, implementation, or administration of such test or 
certification. 
‘‘(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. 
‘‘SEC. 6525. PROHIBITED USES OF FUNDS. 
‘‘No funds under this Act may be used—
577 
‘‘(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 il-
legally 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 
sexual activity, or normalize teen sexual activity as 
an expected behavior, implicitly or explicitly, whether 
homosexual or heterosexual; 
‘‘(5) to distribute or to aid in the distribution 
on school grounds by any organization of legally ob-
scene materials to minors or any instruction or ma-
terials that normalize teen sexual activity as an ex-
pected behavior; 
‘‘(6) to provide sex education or HIV-prevention 
education in schools unless that instruction is age 
appropriate and includes the health benefits of absti-
nence; or
578 
‘‘(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 PARTICI-
PATION. 
‘‘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 noth-
ing in this Act shall be construed to require a State to 
participate 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; 
‘‘(2) issue any regulations or non-regulatory 
guidance without first consulting with local stake-
holders and fairly addressing their concerns; or
579 
‘‘(3) deny any local educational agency the 
right to object to any administrative requirement, in-
cluding actions that place additional burdens or cost 
on the local educational agency. 
‘‘SEC. 6532. SCHOOLCHILDREN’S PROTECTION FROM ABOR-
TION PROVIDERS. 
‘‘(a) LIMITATION
ON FUNDING.—Notwithstanding 
section 6102, no funds under this Act may be used by 
any State educational agency or local educational agency 
that enters into a contract or other agreement with a 
school-based health center relating to the provision of 
health services to students served by the agency unless 
such center certifies that— 
‘‘(1) the center will not perform an abortion; 
and 
‘‘(2) the center will not provide abortion-related 
materials, referrals, or directions for abortion serv-
ices to any such student. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prevent a school-based health 
center from providing non-abortion health services to 
pregnant students. 
‘‘(c) SCHOOL-BASED HEALTH CENTER.—In this sec-
tion, the term ‘school-based health center’ has the mean-
580 
ing given such term in section 2110(c)(9) of the Social 
Security Act (42 U.S.C. 1397jj(c)(9)). 
‘‘SEC. 6533. STATE CONTROL OVER STANDARDS. 
‘‘(a) IN GENERAL.—Nothing in this Act shall be con-
strued to prohibit a State from withdrawing from the 
Common Core State Standards or any other specific 
standards. 
‘‘(b) PROHIBITION.—No officer or employee of the 
Federal Government shall, directly or indirectly, through 
grants, contracts or other cooperative agreements, through 
waiver granted under section 6401 or through any other 
authority, take any action against a State that exercises 
its rights under subsection (a). 
‘‘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 INFOR-
MATION.—Notwithstanding section 444(a)(5)(B) of 
the General Education Provisions Act, each local 
educational agency receiving assistance under this 
Act shall provide, upon a request made by a military 
recruiter or an institution of higher education, ac-
cess to the name, address, and telephone listing of
581 
each secondary school student served by the local 
educational agency, unless the parent of such stu-
dent has submitted the prior consent request under 
paragraph (2). 
‘‘(2) CONSENT.— 
‘‘(A) OPT-OUT PROCESS.—A parent of a 
secondary school student may submit a written 
request, to the local educational agency, that 
the student’s name, address, and telephone list-
ing 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 no-
tify the parents of the students served by the 
agency of the option to make a request de-
scribed in subparagraph (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
582 
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 agen-
cy to withhold access to a student’s name, address, 
and telephone listing from a military recruiter or in-
stitution of higher education by implementing an 
opt-in process or any other process other than the 
written consent 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 stu-
dent 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 Suc-
cess Act, notify school leaders, school administrators, and 
other educators 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
583 
objection is verifiable through the corporate or other orga-
nizational 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 com-
pliance with the specific requirements and assurances re-
quired by this Act. 
‘‘SEC. 6543. PEER REVIEW. 
‘‘(a) IN GENERAL.—If the Secretary uses a peer re-
view panel to evaluate an application for any program re-
quired under this Act, the Secretary shall conduct the 
panel in accordance 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, ex-
cept that there shall be at least 75 percent practi-
tioners on each panel and in each group formed 
from the panel. 
‘‘(c) GUIDANCE.—The Secretary shall issue the peer 
review guidance concurrently with the notice of the grant. 
‘‘(d) REPORTING.—The Secretary shall—
584 
‘‘(1) make the names of the peer reviewers 
available to the public before the final deadline for 
the application of the grant; 
‘‘(2) make the peer review notes publically 
available 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 
notes and appeal the score to the Secretary prior to the 
Secretary 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 
participate in, or attempt to influence the peer review 
process, except to respond to questions of a technical na-
ture, which shall be publicly reported. 
‘‘SEC. 6544. PARENTAL CONSENT. 
‘‘Upon receipt of written notification from the par-
ents 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 activi-
585 
ties funded under this Act, other than classroom instruc-
tion. 
‘‘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 authorized under this Act, as such program 
or project was in effect on the day before such en-
actment date, and publish such information on the 
Department’s website; 
‘‘(2) not later than 60 days after such enact-
ment date, identify the number of full-time equiva-
lent employees 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 
eliminated 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 De-
partment calculated under paragraph (2); and
586 
‘‘(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 
employees who were determined to be associated 
with eliminated or consolidated programs or 
projects under paragraph (2); 
‘‘(C) how the Secretary reduced the num-
ber of employees at the Department under 
paragraph (3); 
‘‘(D) the average salary of the employees 
described in subparagraph (B) whose positions 
were eliminated; and 
‘‘(E) the average salary of the full-time 
equivalent employees who work on or admin-
ister a program or project authorized under this 
Act by the Department, disaggregated by em-
ployee function with each such program or 
project. 
‘‘SEC. 6550. 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
587 
Act, the Secretary, through the director of the Institute 
for Education 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 government 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 fis-
cal year is submitted to Congress annually there-
after, require the economist to issue a report that— 
‘‘(A) examines the annual cost savings 
from the reduced Federal requirements under 
this Act, as amended by the Student Success 
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 Stu-
dent 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 
Success 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
588 
‘‘(C) includes the specific reduced Federal 
funding amounts and reduced number of em-
ployees at the Department necessary for compli-
ance with the provisions of this Act, as amend-
ed 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 Commit-
tees on Budget and the Committees on Appropria-
tions of the House of Representatives and the Sen-
ate, and the Committee on Education and the Work-
force of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate. 
‘‘SEC. 6551. SENSE OF CONGRESS ON PROTECTING STU-
DENT PRIVACY. 
‘‘(a) FINDINGS.—The Congress finds as follows: 
‘‘(1) Students’ personally identifiable informa-
tion is important to protect. 
‘‘(2) Students’ information should not be 
shared with individuals other than school officials in 
charge of educating those students without clear no-
tice to parents. 
‘‘(3) With the use of more technology, and more 
research about student learning, the responsibility to
589 
protect students’ personally identifiable information 
is more important than ever. 
‘‘(4) Regulations allowing more access to stu-
dents’ personal information could allow that infor-
mation to be shared or sold by individuals who do 
not have the best interest of the students in mind. 
‘‘(5) The Secretary has the responsibility to en-
sure every entity that receives funding under this 
Act holds any personally identifiable information in 
strict confidence. 
‘‘(b) SENSE OF CONGRESS.—It is the sense of the 
Congress that the Secretary should review all regulations 
addressing issues of student privacy, including those under 
this Act, and ensure that students’ personally identifiable 
information is protected. 
‘‘Subpart 4—Restoration of State Sovereignty Over 
Public Education 
‘‘SEC. 6561. STATES TO RETAIN RIGHTS AND AUTHORITIES 
THEY DO NOT EXPRESSLY WAIVE. 
‘‘(a) RETENTION OF RIGHTS AND AUTHORITIES.— 
In order to ensure local control over the acceptance of 
Federal funds, no officer, employee, or other authority of 
the Secretary shall enforce against an authority of a State, 
nor shall any authority of a State have any obligation to 
obey, any requirement imposed as a condition of receiving
590 
assistance under a grant program established under this 
Act, nor shall such program operate within a State, unless 
the legislature of that State shall have by law expressly 
approved that program and, in doing so, have affirma-
tively agreed to abide by the conditions attached to the 
receipt of such funds. 
‘‘(b) AMENDMENT OF TERMS OF RECEIPT OF FED-
ERAL FINANCIAL ASSISTANCE.—An officer, employee, or 
other authority of the Secretary may release assistance 
under a grant program established under this Act to a 
State only after the legislature of the State has by law 
expressly approved the program (as described in sub-
section (a)). This approval may be accomplished by a vote 
to affirm a State budget that includes the use of such Fed-
eral funds and any such State budget must expressly in-
clude any requirement imposed as a condition of receiving 
assistance under a grant program established under this 
Act so that by approving the budget, the State legislature 
is expressly approving the grant program and, in doing 
so, has affirmatively agreed to abide by the conditions at-
tached to the receipt of such funds. 
‘‘(c) SPECIAL RULE FOR STATES WITH BIENNIAL 
LEGISLATURES.—In the case of a State with a biennial 
legislature—
591 
‘‘(1) during a year in which the State legisla-
ture does not meet, subsections (a) and (b) shall not 
apply; and 
‘‘(2) during a year in which the State legisla-
ture meets, subsections (a) and (b) shall apply, and, 
with respect to any grant program established under 
this Act during the most recent year in which the 
State legislature did not meet, the State may by law 
expressly disapprove the grant program, and, if such 
disapproval occurs, an officer, employee, or other au-
thority of the Secretary may not release any addi-
tional assistance to the State under that grant pro-
gram. 
‘‘(d) DEFINITION OF STATE AUTHORITY.—As used 
in this section, the term ‘authority of a State’ includes 
any administering agency of the State, any officer or em-
ployee of the State, and any local government authority 
of the State. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to allow the Secretary to condition 
the receipt of any grant funds under this Act on the adop-
tion of any specific standards, including the Common Core 
State Standards, assessments, or curriculum. 
‘‘(f) EFFECTIVE DATE.—This section applies in each 
State beginning on the 90th day after the end of the first
592 
regular session of the legislature of that State that begins 
5 years after the date of the enactment of the Student 
Success Act and shall continue to apply in subsequent 
years until otherwise provided by law. 
‘‘SEC. 6562. DEDICATION OF SAVINGS TO DEFICIT REDUC-
TION. 
‘‘Notwithstanding any formula reallocations stipu-
lated under the Student Success Act, any funds under 
such Act not allocated to a State because a State did not 
affirmatively agree to the receipt of such funds shall not 
be reallocated among the States. 
‘‘SEC. 6563. DEFINITION OF STATE WITH BIENNIAL LEGIS-
LATURE. 
‘‘In this Act, the term ‘State with a biennial legisla-
ture’ means a State the legislature of which meets every 
other year. 
‘‘SEC. 6564. INTENT OF CONGRESS. 
‘‘It is the intent of Congress that other than the 
terms and conditions expressly approved by State law 
under the terms of this subpart, control over public edu-
cation and parental rights to control the education of their 
children are vested exclusively within the autonomous zone 
of independent authority reserved to the States and indi-
vidual Americans by the United States Constitution, other 
than the Federal Government’s undiminishable obligation
593 
to enforce minimum Federal standards of equal protection 
and due process. 
‘‘SEC. 6565. PRIVACY. 
‘‘The Secretary shall ensure each grantee receiving 
funds under this Act understands the importance of pri-
vacy protections for students and is aware of their respon-
sibilities under section 444 of the General Education Pro-
visions Act (20 U.S.C. 1232g) (commonly known as the 
‘Family Education Rights and Privacy Act of 1974’). 
‘‘PART F—EVALUATIONS 
‘‘SEC. 6601. EVALUATIONS. 
‘‘(a) RESERVATION OF FUNDS.—Except as provided 
in subsections (c) and (d), the Secretary may reserve not 
more than 0.5 percent of the amount appropriated to 
carry out each categorical program authorized under this 
Act. The reserved amounts shall be used by the Secretary, 
acting through the Director of the Institute of Education 
Sciences— 
‘‘(1) to conduct— 
‘‘(A) comprehensive evaluations of the pro-
gram or project; 
‘‘(B) studies of the effectiveness of the pro-
gram or project and its administrative impact 
on schools and local educational agencies; and
594 
‘‘(C) the wide dissemination of evaluation 
findings under this section with respect to pro-
grams authorized under this Act— 
‘‘(i) in a timely fashion; 
‘‘(ii) in forms that are understand-
able, easily accessible, and usable or adapt-
able for use in the improvement of edu-
cational practice; 
‘‘(iii) through electronic transfer, and 
other means, such as posting, as available, 
to the websites of State educational agen-
cies, local educational agencies, the Insti-
tute of Education Sciences, the Depart-
ment, and other relevant places; and 
‘‘(iv) in a manner that promotes the 
utilization of such findings. 
‘‘(2) to evaluate the aggregate short- and long- 
term effects and cost efficiencies across Federal pro-
grams assisted or authorized under this Act and re-
lated Federal preschool, elementary, and secondary 
programs under any other Federal law; and 
‘‘(3) to increase the usefulness of evaluations of 
grant recipients in order to ensure the continuous 
progress of the program or project by improving the 
quality, timeliness, efficiency, and use of information
595 
relating to performance under the program or 
project. 
‘‘(b) REQUIRED
PLAN.—The Secretary, acting 
through the Director of the Institute of Education 
Sciences, may use the reserved amount under subsection 
(a) only after completion of a comprehensive, multi-year 
plan— 
‘‘(1) for the periodic evaluation of each of the 
major categorical programs authorized under this 
Act, and as resources permit, the smaller categorical 
programs authorized under this Act; 
‘‘(2) that shall be developed and implemented 
with the involvement of other officials at the Depart-
ment, as appropriate; and 
‘‘(3) that shall not be finalized until— 
‘‘(A) the publication of a notice in the Fed-
eral Register seeking public comment on such 
plan and after review by the Secretary of such 
comments; and 
‘‘(B) the plan is submitted for comment to 
the Committee on Education and the Workforce 
of the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pen-
sions of the Senate and after review by the Sec-
retary of such comments.
596 
‘‘(c) TITLE I EXCLUDED.—The Secretary may not 
reserve under subsection (a) funds appropriated to carry 
out any program authorized under title I. 
‘‘(d) EVALUATION ACTIVITIES AUTHORIZED ELSE-
WHERE.—If, under any other provision of this Act (other 
than title I), funds are authorized to be reserved or used 
for evaluation activities with respect to a program or 
project, the Secretary may not reserve additional funds 
under this section for the evaluation of that program or 
project.’’. 
(b) TECHNICAL AMENDMENTS.— 
(1) TITLE IX.— 
(A) SUBPART 1 OF PART E OF TITLE VI.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9504 through 9506 (20 
U.S.C. 7884, 7885, and 7886) are— 
(I) transferred to title VI, as 
amended by subsection (a) of this sec-
tion; 
(II) inserted after section 6503 
of such title; and 
(III) redesignated as sections 
6504 through 6506, respectively. 
(ii) AMENDMENTS.—Section 6504 (as 
so redesignated) is amended—
597 
(I) in subsection (a)(1)(A), by 
striking ‘‘section 9502’’ and inserting 
‘‘section 6502’’; 
(II) in subsection (b), by striking 
‘‘section 9501’’ and inserting ‘‘section 
6501’’; and 
(III) in subsection (d), by strik-
ing ‘‘No Child Left Behind Act of 
2001’’ and inserting ‘‘Student Success 
Act’’. 
(B) SUBPART 2 OF PART E OF TITLE VI.— 
(i) 
TRANSFER
AND
REDESIGNA-
TION.—Sections 9531, 9533, and 9534 (20 
U.S.C. 7911, 7913, and 7914) are— 
(I) transferred to title VI, as 
amended by subparagraph (A) of this 
paragraph; 
(II) inserted after section 6525 
of such title; and 
(III) redesignated as sections 
6526 through 6528, respectively. 
(ii) AMENDMENTS.—Section 6528 (as 
so redesignated) is amended—
598 
(I) by striking ‘‘(a) IN GEN-
ERAL.—Nothing’’ 
and 
inserting 
‘‘Nothing’’; and 
(II) by striking subsection (b). 
(C) SUBPART 3 OF PART E OF TITLE VI.— 
Sections 9523, 9524, and 9525 (20 U.S.C. 
7903, 7904, and 7905) are— 
(i) transferred to title VI, as amended 
by subparagraph (B) of this paragraph; 
(ii) inserted after section 6544 of such 
title; and 
(iii) redesignated as sections 6545 
through 6547, respectively. 
(2) TITLE IV.—Sections 4141 and 4155 (20 
U.S.C. 7151 and 7161) are— 
(A) transferred to title VI, as amended by 
this Act; 
(B) inserted after section 6551; and 
(C) redesignated as sections 6552 and 
6553, respectively. 
SEC. 602. REPEAL. 
Title IX (20 U.S.C. 7801 et seq.), as amended by 
section 601(b)(1) of this title, is repealed.
599 
SEC. 603. OTHER LAWS. 
Beginning on the date of the enactment of this Act, 
any reference in law to the term ‘‘highly qualified’’ as de-
fined in section 9101 of the Elementary and Secondary 
Education Act of 1965 shall be treated as a reference to 
such term under section 9101 of the Elementary and Sec-
ondary Education Act of 1965 as in effect on the day be-
fore the date of the enactment of this Act. 
SEC. 604. AMENDMENT TO IDEA. 
Section 602 of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401) is amended by striking para-
graph (10). 
TITLE VII—HOMELESS 
EDUCATION 
SEC. 701. STATEMENT OF POLICY. 
Section 721 of the McKinney-Vento Homeless Assist-
ance Act (42 U.S.C. 11431) is amended— 
(1) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) In any State where compulsory residency 
requirements or other requirements, laws, regula-
tions, practices, or policies may act as a barrier to 
the identification, enrollment, attendance, or success 
in school of homeless children and youths, the State 
and local educational agencies will review and under-
take steps to revise such laws, regulations, practices,
600 
or policies to ensure that homeless children and 
youths are afforded the same free, appropriate pub-
lic education as is provided to other children and 
youths.’’; 
(2) in paragraph (3), by striking ‘‘alone’’; and 
(3) in paragraph (4), by striking ‘‘challenging 
State student academic achievement’’ and inserting 
‘‘State academic’’. 
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 722 of such Act (42 U.S.C. 11432) is amend-
ed— 
(1) in subsection (a), by striking ‘‘(g).’’ and in-
serting ‘‘(h).’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by adding ‘‘or’’ at the 
end; 
(ii) in clause (ii), by striking ‘‘; or’’ at 
the end and inserting a period; and 
(iii) by striking clause (iii); and 
(B) by striking paragraph (3); 
(4) in subsection (d)—
601 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Grants’’ and inserting ‘‘Grant 
funds from a grant made to a State’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) To provide services and activities to im-
prove the identification of homeless children (includ-
ing preschool-aged homeless children and youths) 
that enable such children and youths to enroll in, at-
tend, and succeed in school, or, if appropriate, in 
preschool programs.’’; 
(C) in paragraph (3), by inserting before 
the period at the end the following: ‘‘that can 
sufficiently carry out the duties described in 
this subtitle’’; and 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) To develop and implement professional de-
velopment programs for liaisons designated under 
subsection (g)(1)(J)(ii) and other local educational 
agency personnel— 
‘‘(A) to improve their identification of 
homeless children and youths; and
602 
‘‘(B) to heighten their awareness of, and 
capacity to respond to, specific needs in the 
education of homeless children and youths.’’; 
(5) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘sums’’ and inserting 
‘‘grant funds’’; and 
(ii) by inserting ‘‘a State under sub-
section (a) to’’ after ‘‘each year to’’; 
(B) in paragraph (2), by striking ‘‘funds 
made available for State use under this sub-
title’’ and inserting ‘‘the grant funds remaining 
after the State educational agency distributes 
subgrants under paragraph (1)’’; and 
(C) in paragraph (3)— 
(i) in subparagraph (C)(iv)(II), by 
striking ‘‘sections 1111 and 1116’’ and in-
serting ‘‘section 1111’’; and 
(ii) in subparagraph (F)— 
(I) in clause (i)— 
(aa) in the matter preceding 
subclause (I), by striking ‘‘a re-
port’’ and inserting ‘‘an annual 
report’’;
603 
(bb) by striking ‘‘and’’ at 
the end of subclause (II); 
(cc) by striking the period at 
the end of subclause (III) and in-
serting ‘‘; and’’; and 
(dd) by adding at the end 
the following: 
‘‘(IV) the progress the separate 
schools are making in helping all stu-
dents meet the State academic stand-
ards.’’; and 
(II) in clause (iii), by striking 
‘‘Not later than 2 years after the date 
of enactment of the McKinney-Vento 
Homeless Education Assistance Im-
provements Act of 2001, the’’ and in-
serting ‘‘The’’; 
(6) by amending subsection (f) to read as fol-
lows: 
‘‘(f) FUNCTIONS
OF
THE
OFFICE
OF
COORDI-
NATOR.—The Coordinator for Education of Homeless 
Children and Youths established in each State shall— 
‘‘(1) gather and make publically available reli-
able, valid, and comprehensive information on—
604 
‘‘(A) the number of homeless children and 
youths identified in the State, posted annually 
on the State educational agency’s website; 
‘‘(B) the nature and extent of the problems 
homeless children and youths have in gaining 
access to public preschool programs and to pub-
lic elementary schools and secondary schools; 
‘‘(C) the difficulties in identifying the spe-
cial needs and barriers to the participation and 
achievement of such children and youths; 
‘‘(D) any progress made by the State edu-
cational agency and local educational agencies 
in the State in addressing such problems and 
difficulties; and 
‘‘(E) the success of the programs under 
this subtitle in identifying homeless children 
and youths and allowing such children and 
youths to enroll in, attend, and succeed in, 
school; 
‘‘(2) develop and carry out the State plan de-
scribed in subsection (g); 
‘‘(3) collect data for and transmit to the Sec-
retary, at such time and in such manner as the Sec-
retary may require, a report containing information 
necessary to assess the educational needs of home-
605 
less children and youths within the State, including 
data necessary for the Secretary to fulfill the respon-
sibilities under section 724(h); 
‘‘(4) in order to improve the provision of com-
prehensive education and related support services to 
homeless children and youths and their families, co-
ordinate and collaborate with— 
‘‘(A) educators, including teachers, special 
education personnel, administrators, and child 
development and preschool program personnel; 
‘‘(B) providers of services to homeless chil-
dren and youths and their families, including 
services of public and private child welfare and 
social services agencies, law enforcement agen-
cies, juvenile and family courts, agencies pro-
viding mental health services, domestic violence 
agencies, child care providers, runaway and 
homeless youth centers, and providers of serv-
ices and programs funded under the Runaway 
and Homeless Youth Act (42 U.S.C. 5701 et 
seq.); 
‘‘(C) providers of emergency, transitional, 
and permanent housing to homeless children 
and youths, and their families, including public 
housing agencies, shelter operators, operators of
606 
transitional housing facilities, and providers of 
transitional 
living 
programs 
for 
homeless 
youths; 
‘‘(D) local educational agency liaisons des-
ignated under subsection (g)(1)(J)(ii) for home-
less children and youths; and 
‘‘(E) community organizations and groups 
representing homeless children and youths and 
their families; 
‘‘(5) provide technical assistance to local edu-
cational agencies, in coordination with local edu-
cational agency liaisons designated under subsection 
(g)(1)(J)(ii), to ensure that local educational agen-
cies comply with the requirements of subsection 
(e)(3), paragraphs (3) through (7) of subsection (g), 
and subsection (h); 
‘‘(6) provide professional development opportu-
nities for local educational agency personnel and the 
homeless 
liaison 
designated 
under 
subsection 
(g)(1)(J)(ii) to assist such personnel in meeting the 
needs of homeless children and youths; and 
‘‘(7) respond to inquiries from parents and 
guardians of homeless children and youths and un-
accompanied youths to ensure that each child or 
youth who is the subject of such an inquiry receives
607 
the full protections and services provided by this 
subtitle.’’; 
(7) by amending subsection (g) to read as fol-
lows: 
‘‘(g) STATE PLAN.— 
‘‘(1) IN GENERAL.—In order to be eligible to 
receive a grant under this section, each State edu-
cational agency shall submit to the Secretary a plan 
to provide for the education of homeless children 
and youths within the State that includes the fol-
lowing: 
‘‘(A) A description of how such children 
and youths are (or will be) given the oppor-
tunity to meet the same State academic stand-
ards that all students are expected to meet. 
‘‘(B) A description of the procedures the 
State educational agency will use to identify 
such children and youths in the State and to 
assess their needs. 
‘‘(C) A description of procedures for the 
prompt resolution of disputes regarding the 
educational placement of homeless children and 
youths. 
‘‘(D) A description of programs for school 
personnel (including liaisons, school leaders, at-
608 
tendance officers, teachers, enrollment per-
sonnel, and specialized instructional support 
personnel) to heighten the awareness of such 
personnel of the specific needs of homeless ado-
lescents, including runaway and homeless 
youths. 
‘‘(E) A description of procedures that en-
sure that homeless children and youths who 
meet the relevant eligibility criteria are able to 
participate in Federal, State, or local nutrition 
programs. 
‘‘(F) A description of procedures that en-
sure that— 
‘‘(i) homeless children have equal ac-
cess to public preschool programs, adminis-
tered by the State educational agency or 
local educational agency, as provided to 
other children in the State; 
‘‘(ii) homeless youths and youths sep-
arated from public schools are identified 
and accorded equal access to appropriate 
secondary education and support services; 
and 
‘‘(iii) homeless children and youths 
who meet the relevant eligibility criteria
609 
are able to participate in Federal, State, or 
local education programs. 
‘‘(G) Strategies to address problems identi-
fied in the report provided to the Secretary 
under subsection (f)(3). 
‘‘(H) Strategies to address other problems 
with respect to the education of homeless chil-
dren and youths, including problems resulting 
from enrollment delays that are caused by— 
‘‘(i) immunization and other health 
records requirements; 
‘‘(ii) residency requirements; 
‘‘(iii) lack of birth certificates, school 
records, or other documentation; 
‘‘(iv) guardianship issues; or 
‘‘(v) uniform or dress code require-
ments. 
‘‘(I) A demonstration that the State edu-
cational agency and local educational agencies 
in the State have developed, and shall review 
and revise, policies to remove barriers to the 
identification, enrollment, and retention of 
homeless children and youths in schools in the 
State.
610 
‘‘(J) Assurances that the following will be 
carried out: 
‘‘(i) The State educational agency and 
local educational agencies in the State will 
adopt policies and practices to ensure that 
homeless children and youths are not stig-
matized or segregated on the basis of their 
status as homeless. 
‘‘(ii) Local educational agencies will 
designate an appropriate staff person, who 
may also be a coordinator for other Fed-
eral programs, as a local educational agen-
cy liaison for homeless children and 
youths, to carry out the duties described in 
paragraph (6)(A). 
‘‘(iii) The State and its local edu-
cational agencies will adopt policies and 
practices to ensure that transportation is 
provided, at the request of the parent or 
guardian (or in the case of an unaccom-
panied youth, the liaison), to and from the 
school of origin, as determined in para-
graph (3)(A), in accordance with the fol-
lowing, as applicable:
611 
‘‘(I) If the child or youth con-
tinues to live in the area served by the 
local educational agency in which the 
school of origin is located, the child’s 
or youth’s transportation to and from 
the school of origin shall be provided 
or arranged by the local educational 
agency in which the school of origin is 
located. 
‘‘(II) If the child’s or youth’s liv-
ing arrangements in the area served 
by the local educational agency of ori-
gin terminate and the child or youth, 
though continuing his or her edu-
cation in the school of origin, begins 
living in an area served by another 
local educational agency, the local 
educational agency of origin and the 
local educational agency in which the 
child or youth is living shall agree 
upon a method to apportion the re-
sponsibility and costs for providing 
the child with transportation to and 
from the school of origin. If the local 
educational agencies are unable to
612 
agree upon such method, the responsi-
bility and costs for transportation 
shall be shared equally. 
‘‘(K) A description of how such youths will 
receive assistance from counselors to advise, 
prepare, and improve the readiness of such 
youths for college. 
‘‘(2) COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Each plan adopted 
under this subsection shall also describe how 
the State will ensure that local educational 
agencies in the State will comply with the re-
quirements of paragraphs (3) through (7). 
‘‘(B) COORDINATION.—Such plan shall in-
dicate what technical assistance the State will 
furnish to local educational agencies and how 
compliance efforts will be coordinated with the 
local educational agency liaisons designated 
under paragraph (1)(J)(ii). 
‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—The local educational 
agency serving each child or youth to be as-
sisted under this subtitle shall, according to the 
child’s or youth’s best interest—
613 
‘‘(i) continue the child’s or youth’s 
education in the school of origin for the 
duration of homelessness— 
‘‘(I) in any case in which a fam-
ily becomes homeless between aca-
demic years or during an academic 
year; or 
‘‘(II) for the remainder of the 
academic year, if the child or youth 
becomes permanently housed during 
an academic year; or 
‘‘(ii) enroll the child or youth in any 
public school that nonhomeless students 
who live in the attendance area in which 
the child or youth is actually living are eli-
gible to attend. 
‘‘(B) SCHOOL STABILITY.—In determining 
the best interest of the child or youth under 
subparagraph (A), the local educational agency 
shall— 
‘‘(i) presume that keeping the child or 
youth in the school of origin is in the child 
or youth’s best interest, except when doing 
so is contrary to the wishes of the child’s
614 
or youth’s parent or guardian, or the unac-
companied youth; 
‘‘(ii) consider student-centered factors 
related to the child’s or youth’s best inter-
est, including factors related to the impact 
of mobility on achievement, education, 
health, and safety of homeless children and 
youth, giving priority to the wishes of the 
homeless child’s or youth’s parent of 
guardian or the unaccompanied youth in-
volved; 
‘‘(iii) if, after conducting the best in-
terest determination based on consider-
ation of the presumption in clause (i) and 
the student-centered factors in clause (ii), 
the local educational agency determines 
that it is not in the child’s or youth’s best 
interest to attend the school of origin or 
the school requested by the parent, guard-
ian, or unaccompanied youth, provide the 
child’s or youth’s parent or guardian or 
the unaccompanied youth with a written 
explanation of the reasons for its deter-
mination, in a manner and form under-
standable to such parent, guardian, or un-
615 
accompanied youth, including information 
regarding the right to appeal under sub-
paragraph (E); and 
‘‘(iv) in the case of an unaccompanied 
youth, ensure that the homeless liaison 
designated under paragraph (1)(J)(ii) as-
sists in placement or enrollment decisions 
under this subparagraph, gives priority to 
the views of such unaccompanied youth, 
and provides notice to such youth of the 
right to appeal under subparagraph (E). 
‘‘(C) ENROLLMENT.— 
‘‘(i) IN
GENERAL.—The school se-
lected in accordance with this paragraph 
shall immediately enroll the homeless child 
or youth, even if the child or youth— 
‘‘(I) is unable to produce records 
normally required for enrollment, such 
as previous academic records, records 
of immunization and other required 
health records, proof of residency, or 
other documentation; or 
‘‘(II) has missed application or 
enrollment deadlines during any pe-
riod of homelessness.
616 
‘‘(ii) 
RELEVANT
ACADEMIC 
RECORDS.—The enrolling school shall im-
mediately contact the school last attended 
by the child or youth to obtain relevant 
academic and other records. 
‘‘(iii) RELEVANT HEALTH RECORDS.— 
If the child or youth needs to obtain immu-
nizations or other required health records, 
the enrolling school shall immediately refer 
the parent or guardian of the child or 
youth, or the unaccompanied child or 
youth, to the local educational agency liai-
son designated under paragraph (1)(J)(ii), 
who shall assist in obtaining necessary im-
munizations or screenings, or immuniza-
tion or other required health records, in 
accordance with subparagraph (D). 
‘‘(D) RECORDS.—Any record ordinarily 
kept by the school, including immunization or 
other required health records, academic records, 
birth certificates, guardianship records, and 
evaluations for special services or programs, re-
garding each homeless child or youth shall be 
maintained—
617 
‘‘(i) so that the records involved are 
available, in a timely fashion, when a child 
or youth enters a new school or school dis-
trict; and 
‘‘(ii) in a manner consistent with sec-
tion 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g). 
‘‘(E) ENROLLMENT DISPUTES.—If a dis-
pute arises over school selection or enrollment 
in a school— 
‘‘(i) the child or youth shall be imme-
diately enrolled in the school in which en-
rollment is sought, pending final resolution 
of the dispute, including all available ap-
peals; 
‘‘(ii) the parent, guardian, or unac-
companied youth shall be provided with a 
written explanation of any decisions made 
by the school, the local educational agency, 
or the State educational agency involved, 
including the rights of the parent, guard-
ian, or youth to appeal such decisions; 
‘‘(iii) the parent, guardian, or unac-
companied youth shall be referred to the 
local educational agency liaison designated
618 
under paragraph (1)(J)(ii), who shall carry 
out the dispute resolution process as de-
scribed in paragraph (1)(C) as expedi-
tiously as possible after receiving notice of 
the dispute; and 
‘‘(iv) in the case of an unaccompanied 
youth, the liaison shall ensure that the 
youth is immediately enrolled in school in 
which the youth seeks enrollment pending 
resolution of such dispute. 
‘‘(F) PLACEMENT CHOICE.—The choice re-
garding placement shall be made regardless of 
whether the child or youth lives with the home-
less parents or has been temporarily placed 
elsewhere. 
‘‘(G) SCHOOL OF ORIGIN DEFINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘school of origin’ means the 
school that a child or youth attended when 
permanently housed or the school in which 
the child or youth was last enrolled. 
‘‘(ii) RECEIVING SCHOOL.—When the 
child or youth completes the final grade 
level served by the school of origin, as de-
scribed in clause (i), the term ‘‘school of
619 
origin’’ shall include the designated receiv-
ing school at the next grade level for all 
feeder schools. 
‘‘(H) CONTACT
INFORMATION.—Nothing 
in this subtitle shall prohibit a local educational 
agency from requiring a parent or guardian of 
a homeless child to submit contact information. 
‘‘(I) PRIVACY.—Information about a home-
less child’s or youth’s living situation shall be 
treated as a student education record under 
section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g) and shall not be 
released to housing providers, employers, law 
enforcement personnel, or other persons or 
agencies not authorized to have such informa-
tion under section 99.31 of title 34, Code of 
Federal Regulations. 
‘‘(J) 
ACADEMIC
ACHIEVEMENT.—The 
school selected in accordance with this para-
graph shall ensure that homeless children and 
youths have opportunities to meet the same 
State academic standards to which other stu-
dents are held. 
‘‘(4) COMPARABLE SERVICES.—Each homeless 
child or youth to be assisted under this subtitle shall
620 
be provided services comparable to services offered 
to other students in the school selected under para-
graph (3), including the following: 
‘‘(A) Transportation services. 
‘‘(B) Educational services for which the 
child or youth meets the eligibility criteria, such 
as services provided under title I of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6301 et seq.) or similar State or local 
programs, educational programs for children 
with disabilities, and educational programs for 
English learners. 
‘‘(C) Programs in career and technical 
education. 
‘‘(D) Programs for gifted and talented stu-
dents. 
‘‘(E) School nutrition programs. 
‘‘(5) COORDINATION.— 
‘‘(A) IN GENERAL.—Each local educational 
agency serving homeless children and youths 
that receives assistance under this subtitle shall 
coordinate— 
‘‘(i) the provision of services under 
this subtitle with local social services agen-
cies and other agencies or entities pro-
621 
viding services to homeless children and 
youths and their families, including serv-
ices and programs funded under the Run-
away and Homeless Youth Act (42 U.S.C. 
5701 et seq.); and 
‘‘(ii) transportation, transfer of school 
records, and other interdistrict activities, 
with other local educational agencies. 
‘‘(B) HOUSING
ASSISTANCE.—If applica-
ble, each State educational agency and local 
educational agency that receives assistance 
under this subtitle shall coordinate with State 
and local housing agencies responsible for devel-
oping the comprehensive housing affordability 
strategy described in section 105 of the Cran-
ston-Gonzalez National Affordable Housing Act 
(42 U.S.C. 12705) to minimize educational dis-
ruption for children and youths who become 
homeless. 
‘‘(C) COORDINATION
PURPOSE.—The co-
ordination required under subparagraphs (A) 
and (B) shall be designed to— 
‘‘(i) ensure that all homeless children 
and youths are promptly identified;
622 
‘‘(ii) ensure that homeless children 
and youths have access to, and are in rea-
sonable proximity to, available education 
and related support services; and 
‘‘(iii) raise the awareness of school 
personnel and service providers of the ef-
fects of short-term stays in a shelter and 
other challenges associated with homeless-
ness. 
‘‘(D) HOMELESS CHILDREN AND YOUTHS 
WITH DISABILITIES.—For children and youths 
who are to be assisted both under this subtitle, 
and under the Individuals with Disabilities 
Education Act (20 U.S.C. 1400 et seq.) or sec-
tion 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794), each local educational agency shall 
coordinate the provision of services under this 
subtitle with the provision of programs for chil-
dren with disabilities served by that local edu-
cational agency and other involved local edu-
cational agencies. 
‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— 
‘‘(A) DUTIES.—Each local educational 
agency liaison for homeless children and youths,
623 
designated under paragraph (1)(J)(ii), shall en-
sure that— 
‘‘(i) homeless children and youths are 
identified by school personnel through out-
reach and coordination activities with other 
entities and agencies; 
‘‘(ii) homeless children and youths are 
enrolled in, and have a full and equal op-
portunity to succeed in, schools of that 
local educational agency; 
‘‘(iii) homeless families, children, and 
youths have access to and receive edu-
cational services for which such families, 
children, and youths are eligible, including 
services through Head Start, Early Head 
Start, early intervention, and preschool 
programs administered by the local edu-
cational agency; 
‘‘(iv) homeless families, children, and 
youths receive referrals to health care serv-
ices, dental services, mental health and 
substances abuse services, housing services, 
and other appropriate services; 
‘‘(v) the parents or guardians of 
homeless children and youths are informed
624 
of the educational and related opportuni-
ties available to their children and are pro-
vided with meaningful opportunities to par-
ticipate in the education of their children; 
‘‘(vi) public notice of the educational 
rights of homeless children and youths is 
disseminated in locations frequented by 
parents or guardians of such children and 
youths, and unaccompanied youths, includ-
ing schools, shelters, public libraries, and 
soup kitchens in a manner and form un-
derstandable to the parents and guardians 
of homeless children and youths, and unac-
companied youths; 
‘‘(vii) enrollment disputes are medi-
ated in accordance with paragraph (3)(E); 
‘‘(viii) the parent or guardian of a 
homeless child or youth, and any unaccom-
panied youth, is fully informed of all trans-
portation services, including transportation 
to the school of origin, as described in 
paragraph (1)(J)(iii), and is assisted in ac-
cessing transportation to the school that is 
selected under paragraph (3)(A);
625 
‘‘(ix) school personnel providing serv-
ices under this subtitle receive professional 
development and other support; and 
‘‘(x) unaccompanied youths— 
‘‘(I) are enrolled in school; 
‘‘(II) have opportunities to meet 
the same State academic standards to 
which other students are held, includ-
ing through implementation of the 
policies and practices required by 
paragraph (1)(F)(ii); and 
‘‘(III) are informed of their sta-
tus as independent students under 
section 480 of the Higher Education 
Act of 1965 (20 U.S.C. 1087vv) and 
receive verification of such status for 
purposes of the Free Application for 
Federal Student Aid described in sec-
tion 483 of such Act (20 U.S.C. 
1090). 
‘‘(B) NOTICE.—State coordinators estab-
lished under subsection (d)(3) and local edu-
cational agencies shall inform school personnel, 
service providers, advocates working with home-
less families, parents and guardians of homeless
626 
children and youths, and homeless children and 
youths of the duties of the local educational 
agency liaisons, including publishing an annu-
ally updated list of the liaisons on the State 
educational agency’s website. 
‘‘(C) LOCAL AND STATE COORDINATION.— 
Local educational agency liaisons for homeless 
children and youths shall, as a part of their du-
ties, coordinate and collaborate with State coor-
dinators and community and school personnel 
responsible for the provision of education and 
related services to homeless children and 
youths. Such coordination shall include col-
lecting and providing to the State Coordinator 
the reliable, valid, and comprehensive data 
needed to meet the requirements of paragraphs 
(1) and (3) of subsection (f). 
‘‘(7) REVIEW AND REVISIONS.— 
‘‘(A) IN
GENERAL.—Each State edu-
cational agency and local educational agency 
that receives assistance under this subtitle shall 
review and revise any policies that may act as 
barriers to the enrollment of homeless children 
and youths in schools that are selected under 
paragraph (3).
627 
‘‘(B) CONSIDERATION.—In reviewing and 
revising such policies, consideration shall be 
given to issues concerning transportation, im-
munization, residency, birth certificates, school 
records and other documentation, and guard-
ianship. 
‘‘(C) SPECIAL ATTENTION.—Special atten-
tion shall be given to ensuring the enrollment 
and attendance of homeless children and youths 
who are not currently attending school.’’; 
(8) in subsection (h)(1)(A), by striking ‘‘fiscal 
year 2009,’’ and inserting ‘‘fiscal years 2014 
through 2019,’’; and 
(9) in subsection (h)(4), by striking ‘‘fiscal year 
2009’’ and inserting ‘‘fiscal years 2014 through 
2019’’. 
SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR 
THE EDUCATION OF HOMELESS CHILDREN 
AND YOUTHS. 
Section 723 of such Act (42 U.S.C. 11433) is amend-
ed— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘facili-
tating the enrollment,’’ and inserting ‘‘facili-
tating the identification, enrollment,’’;
628 
(B) in paragraph (2)(A)— 
(i) by adding ‘‘and’’ at the end of 
clause (i); 
(ii) by striking ‘‘; and’’ and inserting 
a period at the end of clause (ii); and 
(iii) by striking clause (iii); and 
(C) by adding at the end the following: 
‘‘(4) 
DURATION
OF
GRANTS.—Subgrants 
awarded under this section shall be for terms of not 
to exceed 3 years.’’; 
(2) in subsection (b)— 
(A) by striking paragraph (3) and redesig-
nating paragraphs (4) and (5) as paragraphs 
(3) and (4), respectively; and 
(B) by adding at the end the following: 
‘‘(5) An assurance that the local educational 
agency will collect and promptly provide data re-
quested by the State Coordinator pursuant to para-
graphs (1) and (3) of section 722(f). 
‘‘(6) An assurance that the local educational 
agency has removed barriers to complying with the 
requirements of section 722(g)(1)(I).’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘726’’ 
and inserting ‘‘722(a)’’;
629 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘identification,’’ before ‘‘enrollment’’; 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) The extent to which the application 
reflects coordination with other local and State 
agencies that serve homeless children and 
youths.’’; and 
(iii) in subparagraph (C), by inserting 
‘‘(as of the date of submission of the appli-
cation)’’ after ‘‘current practice’’; 
(C) in paragraph (3)— 
(i) by amending subparagraph (C) to 
read as follows: 
‘‘(C) The extent to which the applicant will 
promote meaningful involvement of parents or 
guardians of homeless children or youths in the 
education of their children.’’; 
(ii) in subparagraph (D), by striking 
‘‘within’’ and inserting ‘‘into’’; 
(iii) in subparagraph (G)— 
(I) by striking ‘‘Such’’ and in-
serting ‘‘The extent to which the ap-
plicant’s program meets such’’; and
630 
(II) by striking ‘‘case manage-
ment or related’’; 
(iv) by redesignating subparagraph 
(G) as subparagraph (I) and inserting 
after subparagraph (F) the following: 
‘‘(G) The extent to which the local edu-
cational agency will use the subgrant to lever-
age 
resources, 
including 
by 
maximizing 
nonsubgrant funding for the position of the liai-
son described in section 722(g)(1)(J)(ii) and 
the provision of transportation. 
‘‘(H) How the local educational agency 
uses funds to serve homeless children and 
youths under section 1113(c)(3) of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6313(c)(3)).’’; and 
(v) by adding at the end the following: 
‘‘(J) An assurance that the applicant will 
meet the requirements of section 722(g)(3).’’; 
and 
(D) by striking paragraph (4); and 
(4) in subsection (d)— 
(A) in paragraph (1)—
631 
(i) by striking ‘‘challenging State aca-
demic content standards’’ and inserting 
‘‘State academic standards’’; and 
(ii) by striking ‘‘and challenging State 
student academic achievement standards’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘students with limited 
English 
proficiency,’’ 
and 
inserting 
‘‘English learners,’’; and 
(ii) by striking ‘‘vocational’’ and in-
serting ‘‘career’’; 
(C) in paragraph (3), by striking ‘‘pupil 
services’’ and inserting ‘‘specialized instruc-
tional support’’; 
(D) in paragraph (7), by striking ‘‘, and 
unaccompanied youths,’’ and inserting ‘‘, par-
ticularly homeless children and youths who are 
not enrolled in school,’’; 
(E) in paragraph (9) by striking ‘‘medical’’ 
and inserting ‘‘other required health’’; 
(F) in paragraph (10), by inserting before 
the period at the end ‘‘, and other activities de-
signed to increase the meaningful involvement 
of parents or guardians of homeless children or 
youths in the education of their children’’;
632 
(G) in paragraph (12), by striking ‘‘pupil’’ 
and inserting ‘‘specialized instructional sup-
port’’; and 
(H) in paragraph (13), by inserting before 
the period at the end ‘‘and parental mental 
health or substance abuse problems’’. 
SEC. 704. SECRETARIAL RESPONSIBILITIES. 
Section 724 of such Act (42 U.S.C. 11434) is amend-
ed— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) NOTICE.— 
‘‘(1) IN GENERAL.—The Secretary shall, before 
the next school year that begins after the date of the 
enactment of the Student Success Act, update and 
disseminate nationwide the public notice described in 
this subsection (as in effect prior to such date) of 
the educational rights of homeless children and 
youths. 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate the notice nationally to all Federal agen-
cies, program grantees, and grant recipients serving 
homeless families, children, and youths.’’;
633 
(2) in subsection (d), by striking ‘‘and dissemi-
nation’’ and inserting ‘‘, dissemination, and technical 
assistance’’; 
(3) in subsection (e)— 
(A) by striking ‘‘applications for grants 
under this subtitle’’ and inserting ‘‘plans for 
the use of grant funds under section 722’’; 
(B) by striking ‘‘60-day’’ and inserting 
‘‘120-day’’; and 
(C) by striking ‘‘120-day’’ and inserting 
‘‘180-day’’; 
(4) in subsection (f), by adding at the end the 
following: ‘‘The Secretary shall provide support and 
technical assistance to State educational agencies in 
areas in which barriers to a free appropriate public 
education persist.’’; 
(5) by amending subsection (g) to read as fol-
lows: 
‘‘(g) GUIDELINES.—The Secretary shall develop, 
issue, and publish in the Federal Register, not later than 
60 days after the date of the enactment of the Student 
Success Act, strategies by which a State— 
‘‘(1) may assist local educational agencies to 
implement the provisions amended by the Act; and
634 
‘‘(2) can review and revise State policies and 
procedures that may present barriers to the identi-
fication, enrollment, attendance, and success of 
homeless children and youths in school.’’; 
(6) in subsection (h)(1)(A), by inserting ‘‘in all 
areas served by local educational agencies’’ before 
the semicolon at the end; and 
(7) in subsection (i), by striking ‘‘McKinney- 
Vento Homeless Education Assistance Improvements 
Act of 2001’’ and inserting ‘‘Student Success Act’’. 
SEC. 705. DEFINITIONS. 
Section 725 of such Act (42 U.S.C. 11434a) is 
amended— 
(1) in paragraph (2)(B)(iv), by striking ‘‘1309’’ 
and inserting ‘‘1139’’; and 
(2) in paragraph (3), by striking ‘‘9101’’ and 
inserting ‘‘6101’’. 
SEC. 706. AUTHORIZATION OF APPROPRIATIONS. 
Section 726 of such Act (42 U.S.C. 11435) is amend-
ed to read as follows: 
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this subtitle, there 
are authorized to be appropriated $65,042,000 for each 
of fiscal years 2016 through 2019.’’.
635 
TITLE VIII—MISCELLANEOUS 
PROVISIONS 
SEC. 801. FINDINGS; SENSE OF THE CONGRESS. 
(a) FINDINGS.—The Congress finds as follows: 
(1) To avoid negative attention and litigation, 
some local educational agencies have entered into 
agreements with employees who are suspected of 
abusing or are known to have abused students. 
(2) Instead of reporting sexual misconduct with 
minors to the proper authorities such as the police 
or child welfare services, under such agreements the 
local educational agencies, schools, and employees 
keep the information private and facilitate the em-
ployee’s transfer to another local educational agency. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that— 
(1) confidentiality agreements between local 
educational agencies or schools and suspected child 
sex abusers should be prohibited; 
(2) the practice of employee transfers after sus-
pected or proven sexual misconduct should be 
stopped, and States should require local educational 
agencies and schools to provide law enforcement 
with all information regarding sexual conduct be-
tween an employee and a minor; and
636 
(3) Congress should help protect children and 
help stop this unacceptable practice in our schools. 
SEC. 802. PREVENTING IMPROPER USE OF TAXPAYER 
FUNDS. 
To ensure any misuse of taxpayer funds is stopped 
or prevented before it occurs, the Secretary of Edu-
cation— 
(1) shall ensure that each recipient of a grant 
or subgrant under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) 
prominently displays the Department of Education 
Office of Inspector General hotline contact informa-
tion so any individual who observes, detects, or sus-
pects improper use of taxpayer funds can easily re-
port such improper use; 
(2) annually shall notify employees of the De-
partment of Education of their responsibility to re-
port fraud; and 
(3) shall ensure that applicants for grants or 
subgrants under such Act are aware of their require-
ment to submit truthful and accurate information 
when applying for grants or subgrants and respond-
ing to monitoring and compliance reviews.
637 
SEC. 803. ACCOUNTABILITY TO TAXPAYERS THROUGH MON-
ITORING AND OVERSIGHT. 
To ensure better monitoring and oversight of tax-
payer funds authorized to be appropriated under the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
6301 et seq.), and to deter and prohibit waste, fraud, and 
abuse of such funds, the Secretary of Education— 
(1) shall ensure that each recipient of a grant 
or subgrant under such Act is aware of— 
(A) their responsibility to comply with all 
monitoring requirements under the applicable 
program or programs; 
(B) their further responsibility to monitor 
properly any sub-grantee under the applicable 
program or programs; and 
(C) the Secretary’s schedule for monitoring 
and any other compliance reviews to ensure 
proper use of Federal funds; 
(2) shall review and analyze the results of moni-
toring and compliance reviews— 
(A) to understand trends and identify com-
mon issues; and 
(B) to issue guidance to help grantees ad-
dress these issues before the loss or misuse of 
taxpayer funding occurs;
638 
(3) shall publically report the work undertaken 
by the Secretary to prevent fraud, waste, and abuse, 
including specific cases where the Secretary found 
and prevented the misuse of taxpayer funds; and 
(4) shall work with the Office of Inspector Gen-
eral in the Department of Education as needed to 
help ensure that employees of such department un-
derstand how to monitor grantees properly and to 
help grantees monitor any sub-grantees properly. 
SEC. 804. PROHIBITION OF USING EDUCATION FUNDS FOR 
EXCESS PAYMENTS TO CERTAIN RETIRE-
MENT OR PENSION SYSTEMS. 
(a) IN GENERAL.—No State receiving funds author-
ized under this Act or the amendments made by this Act 
may require any local educational agency using funds au-
thorized under this Act to hire or pay the salary of teach-
ers to use such funds to make contributions to a teacher 
retirement or pension system for a plan year in excess of 
the normal cost of pension benefits for such plan year for 
which the employing local educational agency has respon-
sibility. 
(b) NORMAL COST DEFINED.—For purposes of this 
section, the term ‘‘normal cost’’ means the portion of the 
cost of projected benefits allocated to the current plan
639 
year, not including any unfunded liabilities the teacher re-
tirement or pension system has accrued. 
SEC. 805. SENSE OF CONGRESS ON THE FREE EXERCISE OF 
RELIGION. 
It is the sense of Congress that— 
(1) a student, teacher, or school administrator 
retains their rights under the First Amendment, in-
cluding the right to free exercise of religion, during 
the school day or while on elementary and secondary 
school grounds; and 
(2) elementary and secondary schools should ex-
amine their policies to ensure that, in a manner con-
sistent with the Constitution, law, and court deci-
sions, students, teachers, and school administrators 
are able to fully participate in activities on elemen-
tary and secondary school grounds related to their 
religious freedom. 
TITLE IX—SCHOOLS OF THE 
FUTURE ACT 
SEC. 901. SHORT TITLE. 
This title may be cited as the ‘‘Schools of the Future 
Act’’. 
SEC. 902. FINDINGS. 
The Congress finds the following:
640 
(1) Digital learning technology holds the prom-
ise of transforming rural education by removing bar-
riers of distance and increasing school capacity. 
(2) While many large urban local educational 
agencies are at the forefront of implementing new 
digital learning innovations, it is often harder for 
smaller and more rural local educational agencies to 
access these tools. Smaller local educational agencies 
with less capacity may also find it more difficult to 
provide the training needed to effectively implement 
new digital learning technologies. 
(3) Despite the potential of digital learning in 
rural areas, these advancements risk bypassing rural 
areas without support for their implementation. 
Rather than having schools and local educational 
agencies apply digital learning innovations designed 
for urban environments to rural areas, it is impor-
tant that digital learning technologies be developed 
and implemented in ways that reflect the unique 
needs of rural areas. 
(4) Digital learning is rapidly expanding, and 
new tools for improving teaching and learning are 
being developed every day. A growing demand for 
digital learning tools and products has made rig-
orous evaluation of their effectiveness increasingly
641 
important, as this information would allow school 
and local educational agency leaders to make in-
formed choices about how best to use these tools to 
improve student achievement and educational out-
comes. 
(5) High-quality digital learning increases stu-
dent access to courses that may not have been avail-
able to students in rural communities, increasing 
their college and career readiness. 
SEC. 903. PROGRAM AUTHORIZED. 
(a) GRANTS TO ELIGIBLE PARTNERSHIPS.—From 
the amounts appropriated to carry out this title, the Sec-
retary of Education is authorized to award grants, on a 
competitive basis, to eligible partnerships to carry out the 
activities described in section 906. 
(b) DURATION OF GRANT.—A grant under subsection 
(a) shall be awarded for not less than a 3-year and not 
longer than a 5-year period. 
(c) FISCAL AGENT.—If an eligible partnership re-
ceives a grant under this title, a school partner in the part-
nership shall serve as the fiscal agent for the partnership. 
SEC. 904. APPLICATION. 
An eligible partnership desiring a grant under this 
title shall submit an application to the Secretary at such 
time, in such manner, and containing such information as
642 
the Secretary may require, which shall include the fol-
lowing: 
(1) A description of the eligible partnership, in-
cluding the name of each of the partners and their 
respective roles and responsibilities. 
(2) A description of the technology-based learn-
ing practice, tool, strategy, or course that the eligi-
ble partnership proposes to develop or implement 
using the grant funds. 
(3) An assurance that all teachers of record 
hold the relevant license and are otherwise qualified 
to implement any technology-based practice, tool, 
strategy, or course using the grant funds. 
(4) An assurance that all students in a class or 
school implementing a practice, tool, strategy or 
course using the grant funds will have access to any 
equipment necessary to participate on a full and eq-
uitable basis. 
(5) An assurance that the proposed uses of 
smartphones, laptops, tablets, or other devices sus-
ceptible to inappropriate use have the informed con-
sent of parents or guardians and are not incon-
sistent with any policies of the local educational 
agency on the use of such devices.
643 
(6) Information relevant to the selection criteria 
under section 905(c). 
(7) A description of the evaluation to be under-
taken by the eligible partnership, including— 
(A) how the school partner and the evalua-
tion partner will work together to implement 
the practice, tool, strategy, or course in such a 
way that permits the use of a rigorous, inde-
pendent evaluation design that meets the stand-
ards of the What Works Clearinghouse of the 
Institute of Education Sciences; and 
(B) a description of the evaluation design 
that meets such standards, which will be used 
to measure any significant effects on the out-
comes described in paragraphs (1) through (3) 
of section 907(a). 
(8) An estimate of the number of students to 
be reached through the grant and evidence of its ca-
pacity to reach the proposed number of students 
during the course of the grant. 
(9) Any other information the Secretary may 
require. 
SEC. 905. APPLICATION REVIEW AND AWARD BASIS. 
(a) PEER REVIEW.—The Secretary shall use a peer 
review process to review applications for grants under this
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title. The Secretary shall appoint individuals to the peer 
review process who have relevant expertise in digital learn-
ing, research and evaluation, standards quality and align-
ment, and rural education. 
(b) AWARD BASIS.—In awarding grants under this 
title, the Secretary shall ensure, to the extent practicable, 
diversity in the type of activities funded under the grants. 
(c) SELECTION CRITERIA.—In evaluating an eligible 
partnership’s application for a grant under this title, the 
Secretary shall consider— 
(1) the need for the proposed technology-based 
learning practice, tool, strategy, or course; 
(2) the quality of the design of the proposed 
practice, tool, strategy, or course; 
(3) the strength of the existing research evi-
dence with respect to such practice, tool, strategy, or 
course; 
(4) the experience of the eligible partnership; 
and 
(5) the quality of the evaluation proposed by 
the eligible partnership. 
(d) DEDICATED FUNDING FOR FRINGE RURAL, DIS-
TANT RURAL, AND REMOTE RURAL SCHOOLS.—Not less 
than 50 percent of the grant funds awarded under this 
title shall be awarded to eligible partnerships that provides
645 
assurances that the school partners in the eligible partner-
ship will ensure that each school to be served by the grant 
is designated with a school locale code of Fringe Rural, 
Distant Rural, or Remote Rural, as determined by the 
Secretary. 
SEC. 906. USE OF FUNDS. 
(a) REQUIRED USE OF FUNDS.— 
(1) IN GENERAL.—An eligible partnership re-
ceiving a grant under this title shall use such funds 
to implement and evaluate the results of technology- 
based learning practices, strategies, tools, or courses, 
including the practices, strategies, tools, or courses 
identified under paragraphs (2) through (6). 
(2) TOOLS AND COURSES DESIGNED TO PER-
SONALIZE
THE
LEARNING
EXPERIENCE.—Tech-
nology-based tools and courses identified under this 
paragraph include the following types of tools and 
courses designed to personalize the learning experi-
ence: 
(A) Technology-based personalized instruc-
tional systems. 
(B) Adaptive software, games, or tools, 
that can be used to personalize learning. 
(C) Computer-based tutoring courses to 
help struggling students.
646 
(D) Games, digital tools, and smartphone 
or tablet applications to improve students’ en-
gagement, focus, and time on task. 
(E) Other tools and courses designed to 
personalize the learning experience. 
(3) PRACTICES AND STRATEGIES DESIGNED TO 
AID AND INFORM INSTRUCTION.—Technology-based 
practices and strategies identified under this para-
graph include the following types of practices and 
strategies designed to aid and inform instruction: 
(A) Adaptive software, games, or tools that 
can be used for the purpose of formative assess-
ment. 
(B) Web resources that provide teachers 
and their students access to instructional and 
curricular materials that are— 
(i) aligned with high-quality stand-
ards; and 
(ii) designed to prepare students for 
college and a career, such as a repository 
of primary historical sources for use in his-
tory and civics courses or examples of de-
velopmentally appropriate science experi-
ments.
647 
(C) Online professional development oppor-
tunities, teacher mentoring opportunities, and 
professional learning communities. 
(D) Tools or web resources designed to ad-
dress specific instructional problems. 
(E) Other practices and strategies de-
signed to personalize the learning experience. 
(4) TOOLS, COURSES, AND
STRATEGIES
DE-
SIGNED TO IMPROVE THE ACHIEVEMENT OF STU-
DENTS
WITH
SPECIFIC
EDUCATIONAL
NEEDS.— 
Technology-based tools, courses, and strategies iden-
tified under this paragraph include the following 
types of tools, courses, and strategies designed to 
meet the needs of students with specific educational 
needs: 
(A) Digital tools specifically designed to 
meet the needs of students with a particular 
disability. 
(B) Online courses that give students who 
are not on track to graduate or have already 
dropped out of school the opportunity for accel-
erated credit recovery. 
(C) Language instruction courses, games, 
or software designed to meet the needs of 
English language learners.
648 
(D) Other tools, courses, and strategies de-
signed to personalize the learning experience. 
(5) TOOLS, COURSES, AND
STRATEGIES
DE-
SIGNED TO HELP STUDENTS DEVELOP 21ST CEN-
TURY SKILLS.—Technology-based tools, courses, and 
strategies identified under this paragraph include 
peer-to-peer virtual learning opportunities to be used 
for the purposes of project-based learning, deeper 
learning, and collaborative learning, and other tools, 
courses, and strategies designed to help students de-
velop 21st century skills, such as the ability to think 
critically and solve problems, be effective commu-
nicators, collaborate with others, and learn to create 
and innovate. 
(6) TECHNOLOGY-BASED OR ONLINE COURSES 
THAT ALLOW STUDENTS TO TAKE COURSES THAT 
THEY WOULD NOT OTHERWISE HAVE ACCESS TO.— 
Technology-based or online courses identified under 
this paragraph include courses or collections of 
courses approved by the applicable local educational 
agency or State educational agency that provide stu-
dents with access to courses that they would not oth-
erwise have access to, such as the following: 
(A) An online repository of elective 
courses.
649 
(B) Online or software-based courses in 
foreign languages, especially in languages iden-
tified as critical or in schools where a teacher 
is not available to teach the language or course 
level a student requires. 
(C) 
Online 
advanced 
or 
college-level 
courses that can be taken for credit. 
(b) AUTHORIZED USE OF FUNDS.—An eligible part-
nership receiving a grant under this title may use grant 
funds to— 
(1) develop or implement the technology for 
technology-based 
learning 
strategies, 
practices, 
courses, or tools to be carried out under the grant; 
(2) purchase hardware or software needed to 
carry out such strategies, practices, courses, or tools 
under the grant, except that such purchases may not 
exceed 50 percent of total grant funds; 
(3) address the particular needs of student sub-
groups, including students with disabilities and 
English-language learners; 
(4) provide technology-based professional devel-
opment or professional development on how to maxi-
mize the utility of technology; and 
(5) address issues of cost and capacity in rural 
areas and shortage subjects.
650 
(c) SUPPLEMENTATION.—An eligible partnership 
that receives a grant under this title shall use the grant 
funds to supplement, not supplant, the work of teachers 
with students, and may not use such funds to reduce staff-
ing levels for the school partners in the eligible partner-
ship. 
(d) TEACHER OF RECORD.—For each student in a 
class or school implementing a practice, tool, strategy, or 
course using grant funds provided under this title, there 
shall be a teacher of record, holding the relevant certifi-
cation or license, and otherwise qualified to implement any 
digitally-based practice, tool, strategy or course using the 
grant funds. An eligible partnership shall use grant funds 
provided under this title, and shall determine the extent 
and nature of pedagogical uses of digital tools, in a man-
ner that is consistent with the judgments of teachers of 
record about what is developmentally appropriate for stu-
dents. 
SEC. 907. DATA COLLECTION AND EVALUATION. 
(a) IN GENERAL.—Each eligible partnership receiv-
ing a grant under this title shall require its evaluation 
partner to complete an independent, comprehensive, well- 
designed, and well-implemented evaluation that meets the 
standards of the What Works Clearinghouse after the
651 
third year of implementation of the grant to measure the 
effect of the practice, tool, strategy, or course on— 
(1) growth in student achievement, as measured 
by high quality assessments that provide objective, 
valid, reliable measures of student academic growth 
and information on whether a student is on-track to 
graduate ready for college and career; 
(2) costs and savings to the school partner; and 
(3) at least one of the following: 
(A) Student achievement gaps. 
(B) Graduation and dropout rates. 
(C) College enrollment. 
(D) College persistence. 
(E) College completion. 
(F) Placement in a living-wage job. 
(G) Enhanced teacher or principal effec-
tiveness as measured by valid, reliable, and 
multiple measures of student achievement and 
other appropriate measures. 
(b) EVALUATION.—The Secretary shall— 
(1) acting through the Director of the Institute 
of Education Sciences— 
(A) evaluate the implementation and im-
pact of the activities supported under the grant 
program authorized under this section; and
652 
(B) identify best practices; and 
(2) disseminate, in consultation with the re-
gional educational laboratories established under 
part D of the Education Sciences Reform Act of 
2002 and comprehensive centers established under 
the Educational Technical Assistance Act of 2002, 
research on best practices in school leadership. 
(c) IMPLEMENTATION EVALUATION.—An evaluation 
partner may use funds under this title to carry out an 
implementation evaluation designed to provide information 
that may be useful for schools, local educational agencies, 
States, consortia of schools, and charter school networks 
seeking to implement similar practices, tools, strategies, 
or courses in the future. 
(d) PUBLICATION OF RESULTS.—Upon completion of 
an evaluation described in subsection (a), (b), or (c) the 
evaluation partner shall— 
(1) submit a report of the results of the evalua-
tion to the Secretary; and 
(2) make publicly available such results. 
SEC. 908. DEFINITIONS. 
In this title: 
(1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ means a partnership that includes 
a school partner and not less than 1—