Every Student Succeeds Act

Bill: 114-s-1177
Sponsor: full_name: Sen. Alexander, Lamar [R-TN]
Introduced: 2015-04-30
Policy area: Education
Subjects: Academic performance and assessments

Administrative law and regulatory procedures

Adoption and foster care

Adult education and literacy

Alaska Natives and Hawaiians

American Samoa

Art, artists, authorship

Congressional oversight

Department of Education

Domestic violence and child abuse

Education of the disadvantaged

Education programs funding

Educational facilities and institutions

Educational guidance

Educational technology and distance education

Elementary and secondary education

Foreign language and bilingual programs

Guam

Higher education

Homelessness and emergency shelter

Indian social and development programs

Juvenile crime and gang violence

Land transfers

Language arts

Migrant, seasonal, agricultural labor

Minority education

Music

Northern Mariana Islands

Palau

Physical fitness and lifestyle

Preschool education

Religion

Rural conditions and development

School administration

Science and engineering education

Teaching, teachers, curricula

U.S. history

Virgin Islands
Latest action: action_date: 2016-03-17
text: By Senator Alexander from Committee on Health, Education, Labor, and Pensions filed written report. Report No. 114-231. Additional views filed.

Summaries:
action_date: 2015-04-30
action_desc: Introduced in Senate
text: <p><b>Every Child Achieves Act of 2015 </b></p> <p>This bill reauthorizes and amends the Elementary and Secondary Education Act of 1965 (ESEA). The bill addresses issues such as accountability and testing requirements, distribution and requirements for grants, fiscal accountability requirements, and the evaluation of teachers. </p> <p>The bill provides states with increased flexibility and responsibility for developing accountability systems, deciding how federally required tests should be weighed, selecting additional measures of student and school performance, and implementing teacher evaluation systems. </p> <p>It includes grants for providing language instruction educational programs, improving low-performing schools, and developing programs for American Indian and Alaska Native students. The bill provides rural school districts with increased flexibility in using federal funding. It also revises the Impact Aid formula. </p> <p>The bill requires school districts to consult stakeholders in planning and implementing programs to improve student safety, health, well-being, and academic achievement.</p> <p>It combines two existing charter school programs into one program that includes grants for high-quality charter schools, facilities financing assistance, and replication and expansion. </p> <p>The bill provides states with flexibility in meeting maintenance of effort requirements for state and local education funding to supplement federal assistance. </p> <p>The bill prohibits the Department of Education from imposing certain requirements on states or school districts seeking waivers from federal laws. </p> <p>It provides that ESEA dollars may be used to improve early childhood education programs and specifies requirements to ensure that homeless youth have access to all services provided by the states and school districts. </p>

action_date: 2015-04-30
action_desc: Reported to Senate without amendment
text: <p>(This measure has not been amended since it was introduced. The summary of that version is repeated here.)</p> <p><b>Every Child Achieves Act of 2015 </b></p> <p>This bill reauthorizes and amends the Elementary and Secondary Education Act of 1965 (ESEA). The bill addresses issues such as accountability and testing requirements, distribution and requirements for grants, fiscal accountability requirements, and the evaluation of teachers. </p> <p>The bill provides states with increased flexibility and responsibility for developing accountability systems, deciding how federally required tests should be weighed, selecting additional measures of student and school performance, and implementing teacher evaluation systems. </p> <p>It includes grants for providing language instruction educational programs, improving low-performing schools, and developing programs for American Indian and Alaska Native students. The bill provides rural school districts with increased flexibility in using federal funding. It also revises the Impact Aid formula. </p> <p>The bill requires school districts to consult stakeholders in planning and implementing programs to improve student safety, health, well-being, and academic achievement.</p> <p>It combines two existing charter school programs into one program that includes grants for high-quality charter schools, facilities financing assistance, and replication and expansion. </p> <p>The bill provides states with flexibility in meeting maintenance of effort requirements for state and local education funding to supplement federal assistance. </p> <p>The bill prohibits the Department of Education from imposing certain requirements on states or school districts seeking waivers from federal laws. </p> <p>It provides that ESEA dollars may be used to improve early childhood education programs and specifies requirements to ensure that homeless youth have access to all services provided by the states and school districts. </p>

action_date: 2015-12-10
action_desc: Public Law
text: <p class="MsoNormal"><strong>Every Student Succeeds Act</strong></p> <p class="MsoNormal">TITLE I--IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL AGENCIES</p> <p>Part A--Improving Basic Programs Operated by State and Local Educational Agencies</p> <p>(Sec. 1002) This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to reauthorize through FY2020 the following programs: (1) state assessments; (2) education of migratory children; (3) prevention and intervention for children and youth who are neglected, delinquent, or at-risk; and (4) federal evaluation activities. </p> <p>(Sec. 1003) The bill consolidates funding for School Improvement Grants, which are aimed at turning around the lowest-performing schools, into the title I-A funding formula. (Title I-A funding supports the instructional needs of students from low-income families.) Specifically, the bill: (1) eliminates the standalone grant program, and (2) increases the proportion of title I-A funding that a state shall reserve for school improvement. </p> <p>Of the amount reserved, a state shall: (1) allocate 95% to local educational agencies (LEAs), whether on a formula or competitive basis, for activities to support the improvement of the lowest-performing schools; or (2) with the LEA's approval, provide for these activities directly. </p> <p>(Sec. 1004) A state may reserve up to 3% of its title I-A funding to award grants for direct student services to geographically diverse LEAs that serve low-performing schools. An LEA shall use these grant funds to support direct student services including: (1) a student's enrollment and participation in academic courses not otherwise available at the student's school; (2) credit recovery and academic acceleration courses that lead to a regular high school diploma; (3) activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education; and (4) if applicable, transportation to allow a student enrolled in a low-performing school to transfer to another public school. This option to reserve funding replaces several smaller competitive grant programs and supports similar activities.</p> <p>(Sec. 1005) Current law requires a state that receives title I-A funding to submit a state plan for approval by the Department of Education (ED). The bill specifies that a state plan must be reviewed by peer reviewers whose names are made public. If ED rejects a state's plan, the state shall: (1) have the opportunity to revise its plan, (2) be provided technical assistance, and (3) be afforded a hearing. </p> <p>Current law requires a state that receives title I-A funding to adopt academic standards in reading and language arts, mathematics, and science. The bill requires a state to demonstrate that such standards are aligned with: (1) the entrance requirements of the state's system of public higher education, and (2) relevant state career and technical education standards. A state's standards shall include at least three levels of achievement. A state shall not be required to submit its standards to ED for review or approval.</p> <p>The bill maintains the requirement for a state to administer student assessments in reading, mathematics, and science, according to an established testing schedule. A state may administer either a single assessment or multiple assessments that result in a single, summative score. If specified requirements are met, a state may administer computer adaptive assessments. (Such assessments adapt to the examinee's ability level.) </p> <p>An LEA may administer a locally selected, nationally recognized assessment in lieu of the statewide high school assessment if specified standards and notice requirements are met.</p> <p>With respect to students with the most significant cognitive disabilities, a state may: (1) adopt alternative academic achievement standards, and (2) administer alternative assessments that are aligned with those standards. Neither a state nor ED may cap the percentage of students taking an alternative assessment at the LEA level, but if that percentage exceeds 1%: (1) the LEA must submit justification to the state, and (2) the state must provide additional oversight. </p> <p>A state may cap the amount of time spent on assessments for each grade. </p> <p>Under current law, a state is required to establish long-term goals based on the requirement that all students attain a proficient or higher level of achievement within a specified timeframe. The bill instead requires a state to establish long-term goals for all students and individual subgroups based on: (1) academic achievement as measured by proficiency on required state assessments, and (2) graduation rates. With respect to subgroups, goals must account for the level of improvement necessary to make significant progress in closing statewide gaps in proficiency and graduation rates. With respect to English learners, a state shall establish goals for increasing the percentage of students achieving English language proficiency within a timeframe determined by the state.</p> <p>Under current law, a state must determine the average yearly progress (AYP) for all students and subgroups at the school, LEA, and state level; AYP standards&nbsp;mandate specified thresholds of performance with respect to assessments and graduation rates. The bill replaces AYP standards with a requirement for states to annually measure all students and individual subgroups by: (1) academic achievement as measured by state assessments; (2) for high schools, graduation rates; (3) for schools that are not high schools, a measure of student growth or another valid and reliable statewide indicator; (4) if applicable, progress in achieving English proficiency by English learners; and (5) at least one additional valid and reliable statewide indicator that allows for meaningful differentiation in school performance. </p> <p>A state is required to assign weight to each indicator and establish a system for meaningfully differentiating, on an annual basis, among schools based on those indicators. Based on this system, a state shall develop a methodology for identifying low-performing schools for support and improvement. Specifically, a state shall identify: (1) the lowest-performing 5% of schools receiving title I-A funds; (2) high schools failing to graduate at least one third of students; (3) schools that have been required to implement additional targeted support but have not improved within a specified timeframe, as determined by the state; and (4) additional statewide categories, at the state's discretion. With respect to identified schools, LEAs shall be required to develop a plan to improve outcomes. Schools with a consistently underperforming subgroup must develop and implement targeted support and improvement plans. For schools that continue to fail to improve, a state shall take more rigorous action, as determined by the state.</p> <p>A state plan shall describe how the state will assist LEAs in: (1) providing early childhood education programs, (2) improving school conditions for learning and meeting the needs of students, and (3) serving homeless children and youths. In addition, a state plan must describe how the state will address disparities that result in low-income and minority students being taught by ineffective teachers at a disproportionate rate.</p> <p>A state shall make public any criteria for measuring the effectiveness of teachers and school leaders.</p> <p>Each state shall prepare and publicly disseminate an annual report card that describes the state's accountability system and includes information regarding student performance, as specified by the bill. Similarly, an LEA shall prepare and disseminate an annual local report card.</p> <p>ED shall provide to Congress an annual report card that provides specified national and state-level data. </p> <p>The bill prohibits ED from attempting to influence, incentivize, or coerce a state to adopt the Common Core State Standards or any other academic standards common to a significant number of states.</p> <p>(Sec. 1006) The bill requires an LEA plan to include contents similar to those required of state plans. </p> <p>An LEA must inform a child's parents that they may request information regarding the professional qualifications of their child's teacher. In addition, an LEA must notify parents: (1) of policies regarding students' participation in statewide assessments; and (2) in the event that their child was identified as an English learner, the services for which the child is eligible. </p> <p>(Sec. 1007) Under current law, if title I-A funds are insufficient to serve all eligible school attendance areas, an LEA shall serve in descending order of concentration such areas in which the concentration of children from low-income families exceeds 75%. The bill lowers this threshold to 50%.</p> <p>Current law requires an LEA to use specified measures of poverty to identify, and determine allocations to, eligible school attendance areas. The bill allows an LEA, with the approval of a majority of secondary schools, to calculate poverty in such schools based on data regarding elementary school attendance areas that feed into the secondary school.</p> <p>Under current law, an LEA shall reserve funds to serve children and youths who are homeless, delinquent, or neglected. The amount of such funds may be determined based on a needs assessment, as specified by the bill. </p> <p>An LEA may reserve a portion of funds to provide early childhood education programs for eligible children. </p> <p>(Sec. 1008) If granted a waiver from the state educational agency (SEA), a school in which less than 40% of the children enrolled are from low-income families may consolidate and use title I-A funds to operate a schoolwide program. An eligible school operating a schoolwide program shall develop a comprehensive plan or amend its existing plan, as specified by the bill.</p> <p>A secondary school operating a schoolwide program may use title I-A funds to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary school students. </p> <p>(Sec. 1009) Under current law, a school that does not operate a schoolwide program may use title I-A funds to provide targeted assistance to eligible children identified as having the greatest need for assistance. The bill allows a secondary school that operates such a targeted assistance program to use title I-A funds to provide dual or concurrent enrollment program services. </p> <p>(Sec. 1010) The bill expands parental involvement policies to involve other family members. An LEA may receive title I-A funds only if it conducts outreach to all children's parents and family members.</p> <p>Funds reserved for parent and family engagement shall be distributed with priority given to high-need schools. An LEA shall use such funds to carry out activities and strategies consistent with its parent and family engagement policy, as specified by the bill. </p> <p>(Sec. 1011) An SEA shall designate an ombudsman to monitor and enforce requirements related to the equitable provision of services to children enrolled in private schools. </p> <p>With respect to the equitable provision of services, an LEA shall consult with appropriate private school officials and explain any disagreements in writing, as specified by the bill. </p> <p>(Sec. 1012) An educational agency shall use title I-A funds to supplement, rather than supplant, nonfederal funds for the education of students participating in assisted programs. </p> <p>(Sec. 1013) LEAs using title I-A funds to provide early childhood education programs shall develop agreements with Head Start agencies and other entities to carry out such activities. </p> <p>(Sec. 1014) The bill: (1) increases by 0.1% the portion of title I-A funds that ED must reserve to meet the educational needs of Indian children and children in the outlying areas, and (2) specifies how such funds are to be allocated between the two groups. (The outlying areas include the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.) </p> <p>(Sec. 1017) Under current law, ED shall reduce a state's funding under the Education Finance Incentive grant program if the state fails to satisfy certain maintenance of effort requirements. The bill specifies that a state that fails to satisfy such requirements is entitled to receive its full allotment of funds unless it also failed the meet those requirements in at least one of the five immediately preceding fiscal years. </p> <p>Part B--State Assessment Grants</p> <p>(Sec. 1201) The bill retains state assessment grants for the development and administration of state assessments. </p> <p>In addition, ED shall award grants to a state for the purpose of auditing the state's assessment system.</p> <p>ED may also authorize a limited number of SEAs to establish innovative assessment systems, as described by the bill. Once ED has submitted a required progress report, it: (1) may extend such authority to additional SEAs, and (2) shall disseminate best practices related to innovative assessment systems. </p> <p>Part C--Education of Migratory Children</p> <p>(Sec. 1301) The bill revises the formula for allocating program funding to states by eliminating the base amount. Through FY2019, no state shall receive less than 90% of its allocation for the preceding fiscal year.</p> <p>ED shall develop and implement a procedure for monitoring the accuracy of information regarding the actual number of migratory children in each state. </p> <p>Part D--Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-risk</p> <p>(Sec. 1401) The bill retains grants for prevention and intervention programs for children and youth you are neglected, delinquent, or at-risk. To be eligible, a state must describe how it will prioritize the attainment of a regular high school diploma for such children. Furthermore, an SEA must establish: (1) procedures to ensure the timely reenrollment of each student who has been placed in the juvenile justice system, and (2) opportunities for such students to participate in credit-bearing coursework.</p> <p>The bill specifies that an SEA may use grant funds for pay-for-success initiatives or to provide targeted services for youth you have come in contact with both the child welfare system and the juvenile justice system.</p> <p>With respect to subgrants, the bill specifies that an LEA may use funds for pay-for-success initiatives or to provide programs for at-risk Indian children and youth. </p> <p>A correctional facility that contracts with a subgrantee LEA must, upon a youth's entry into the correctional facility: (1) work with the youth's family members and the applicable LEA to facilitate the youth's transition, and (2) consult with the LEA upon the youth's discharge from the facility.</p> <p>For purposes of the grant program, the bill expands the definition "at-risk" to include school-aged individuals who: (1) have come into contact with the child welfare system in the past, or (2) are at risk of dependency adjudication or delinquency adjudication.</p> <p>Part E--Flexibility for Equitable Per-pupil Funding</p> <p>(Sec. 1501) The bill authorizes ED to enter into up to 50 local flexibility demonstration agreements, through which LEAs may consolidate and use funds to develop and implement a school funding system based on weighted per-pupil allocations for low-income and disadvantaged students. </p> <p>Such a funding system shall ensure that each high-poverty school receives, in the first year of the demonstration agreement: (1) more per-pupil funding for low-income students than it received in the preceding year, and (2) at least as much per-pupil-funding for English learners as it received in the preceding year. An LEA shall ensure that the system allocates substantially more funding to English learners and low-income or otherwise disadvantaged students than to other students.</p> <p>ED may extend the demonstration program if specified requirements are met. </p> <p>Part F--General Provisions</p> <p>(Sec. 1601) The bill allows ED to propose a regulation according to an alternative process, as specified by the bill, under certain circumstances. </p> <p>TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH-QUALITY TEACHERS, PRINCIPALS, OR OTHER SCHOOL LEADERS</p> <p>(Sec. 2002) The bill reauthorizes the program through FY2020. </p> <p>With respect to grant funds to states for improving teacher quality, the bill phases in several modifications to the funding formula. Specifically, over several fiscal years, the bill: (1) reduces and ultimately eliminates the base funding amount; (2) adjusts the funding formula, such that population is weighted less heavily and poverty is weighted more heavily; and (3) eliminates the applicability of specified hold harmless provisions.</p> <p>The bill makes several modifications to state activities and application procedures under the grant program. A state may use grant funds, in part, to improve equitable access to effective teachers. If a state plans to use grant funds for this purpose, it shall describe in its application for grant funds how it will do so. A state shall also include, in its application for grant funds, descriptions of: (1) the state's system for certifying and licensing teachers and school leaders, and (2) how the SEA will encourage opportunities for increased autonomy for teachers and school leaders.</p> <p>With respect to subgrants to LEAs, the bill: (1) eliminates the base funding amount, and (2) makes several modifications to application requirements and allowable uses of subgrant funds.</p> <p>A state shall report on: (1) how it is using grant funds to meet the purpose of the program, and (2) other specified information. An LEA shall submit to the SEA such information as the state requires. </p> <p>A state shall reserve a portion of these grant funds to carry out the following national programs:</p> <ul> <li>Teacher and School Leader Incentive Program; </li> <li>Literacy Education for All, Results for the Nation; </li> <li>American History and Civics Education; </li> <li>Supporting Effective Educator Development; </li> <li>School Leader Recruitment and Support; </li> <li>Technical Assistance and National Evaluation; and </li> <li>STEM (Science, Technology, Engineering, and Mathematics) Master Teacher Corp. </li></ul> <p>Through the Teachers and School Leader Incentive Program, ED shall award competitive grants to eligible entities for the development, implementation, or expansion of performance-based compensation systems or human capital management systems. While ensuring equitable geographic distribution to the extent practicable, ED shall give priority to eligible entities that concentrate proposed grant activities on teachers and school leaders in high-need schools. Grantees shall provide matching funds equal to 50% of the grant amount.</p> <p>Through the literacy education program, ED shall award competitive grants to enable SEAs to: (1) develop or enhance comprehensive literacy instruction plans and effective strategies in reading and writing, and (2) provide subgrants to eligible entities for literacy education activities. In awarding grant funds under the program, ED shall give priority to SEAs that will use the grant funds for evidence-based activities.</p> <p>ED shall award competitive grants to eligible entities for the establishment of Presidential and Congressional Academies for the Teaching of American History and Civics, through which seminars or institutes shall be offered to teachers and students. Grantees shall provide matching funds equal to 100% of the grant amount. ED shall also award competitive grants to eligible entities for innovative approaches or professional development programs in American history, civics, and geography.</p> <p>In addition, ED shall award competitive grants to eligible entities for: (1) effective educator development, and (2) school leader recruitment and support. Grantees shall provide at least 25% of the cost of grant activities. ED shall give grant priority to eligible entities that will implement evidence-based activities.</p> <p>ED must also establish a comprehensive center on students at risk of not attaining full literacy skills due to disability. With respect to such students, the center shall: (1) identify evidence-based assessment tools, strategies, and accommodations; (2) identify professional development for teachers and school leaders; and (3) disseminate specified information and resources.</p> <p>Additionally, ED may award grant funds to SEAs for: (1) implementation or expansion of effective STEM professional development programs; or (2) the development of state-wide STEM Master Teacher Corps to attract and retain outstanding STEM teachers, particularly in high-need and rural schools.</p> <p>These programs replace several smaller competitive grant programs and support similar activities.</p> <p>The bill eliminates the requirement that teachers be "highly qualified" and instead requires that they meet applicable state requirements for certification and licensure.</p> <p>TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT STUDENTS</p> <p>(Sec. 3001) The bill reauthorizes through FY2020 and revises language instruction programs for English learners and immigrant students. </p> <p>(Sec. 3003) The bill retains formula grants to states for English language acquisition. A state may use such a grant, in part, to establish and implement standardized statewide entrance and exit procedures. A state shall describe how it will do so in its state plan. </p> <p>A state shall also describe in its state plan: (1) how it will monitor subgrantees' progress in helping English learners achieve English proficiency, and (2) the steps it will take to further assist subgrantees if strategies are ineffective. </p> <p>Eligible entities receiving subgrants shall use the funds, in part, to implement effective activities and strategies that enhance or supplement language instruction educational programs for English learners. Such activities shall include parent, family, and community engagement activities.</p> <p>A subgrantee may use the funds, in part, to offer early college or dual enrollment programs or courses to help English learners achieve success in postsecondary education.</p> <p>A subgrantee shall include in its local plan an assurance that it will, if applicable, coordinate activities and share relevant data with local Head Start agencies and other early childhood education providers.</p> <p>The bill retains National Professional Development Project grants and extends grant eligibility to public or private entities with relevant experience and capacity. Additionally, the bill allows such grants to be used to: (1) support strategies to increase parent, family, and community engagement in the education of English learners; (2) develop and share effective practices in the instruction of English learners; and (3) support strategies that promote English learners school readiness.</p> <p>TITLE IV--21ST CENTURY SCHOOLS</p> <p>Part A--Student Support and Academic Enrichment Grants</p> <p>(Sec. 4101) The bill establishes the Student Support and Academic Grant Program, through which states and LEAs may receive formula-based grants to support activities related to: (1) well-rounded educational opportunities, (2) student health and safety, and (3) the effective use of technology. This program replaces several smaller competitive grant programs and supports similar activities. </p> <p>Part B--21st Century Community Learning Centers</p> <p>(Sec. 4201) The bill makes several administrative changes to the 21st Century Community Learning Centers Program, which supports academic enrichment opportunities for children during non-school hours. </p> <p>Part C--Empowering Opportunity Through Quality Charter Schools</p> <p>(Sec. 4301) The bill replaces the existing charter school grant program with a program awarding competitive grants to state entities and, through them, competitive subgrants to charter school developers to open new charter schools and expand and replicate high-quality charter schools.</p> <p>ED is authorized to award a competitive grant directly to a charter school developer in a state that does not receive such a grant.</p> <p>Grantees shall: (1) provide technical assistance to subgrantees and authorized public chartering agencies, and (2) work with those agencies to improve the charter school authorization process. </p> <p>ED may waive certain statutory or regulatory requirements, as specified by the bill.</p> <p>With respect to the per-pupil facilities aid program (under which the Secretary makes competitive matching grants to states to provide per-pupil financing to charter schools), the bill allows states to: (1) partner with organizations to provide up to 50% of the state share of funding for the program; and (2) receive more than one program grant, so long as the amount of the grant funds provided to charter schools increases with each successive grant.</p> <p>ED shall: (1) provide technical assistance to grantees, (2) disseminate best practices, and (3) evaluate the program's impact on student achievement. </p> <p>A charter school may serve students in early childhood education programs or postsecondary school students.</p> <p>The bill reauthorizes the program through FY2020. </p> <p>Part D--Magnet Schools Assistance</p> <p>(Sec. 4401) In awarding grants to magnet schools, ED shall prioritize applicants that propose to increase racial integration by accounting for socioeconomic diversity in program in design and implementation.</p> <p>Grant funds available to magnet schools may be used for transportation under specified circumstances. </p> <p>The bill reauthorizes the program through FY2020. </p> <p>Part E--Family Engagement in Education Programs</p> <p>(Sec. 4501) The bill authorizes ED to award grants to organizations to establish statewide family engagement centers. A grantee shall use the grant funds to train and assist educational agencies and other organizations in: (1) helping parents to participate effectively in their child's education, and (2) developing and implementing statewide family engagement policies and systemic initiatives.</p> <p>The Department of the Interior shall establish and operate, or contract with specified organizations to establish and operate, family engagement centers. </p> <p>Part F--National Activities</p> <p>(Sec. 4601) The bill establishes several new programs that replace smaller competitive grant programs and support similar activities.</p> <p>ED shall award grants to eligible entities for the development and implementation of entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment for high-need students. ED must award a portion of grant funds to grantees in rural areas, as specified by the bill. Unless granted a waiver, a grantee shall provide matching funds equal to 10% of the grant amount. Each grant recipient shall conduct an independent evaluation of the effectiveness of the program carried out under the grant.</p> <p>In addition, the bill establishes the Full-Service Community Schools grant program. A "full-service community school" is a public elementary or secondary school that participates in a community-based effort to coordinate, integrate, and provide year-round access to educational, developmental, family, health, and other comprehensive services for students, families, and the community. Each grant recipient shall provide matching funds based on a sliding scale that accounts for the grantee's ability to obtain matching funds and the relative poverty of the grantee's targeted population. However, ED may not consider an applicant's ability to match funds when determining which applicants will be awarded grants under the program. ED must award a portion of grant funds to grantees in rural areas, as specified by the bill.</p> <p>With respect to program guidance, the bill establishes principles of effectiveness as well as a Full-Service Community Schools Advisory Committee. </p> <p>The bill also establishes a Promise Neighborhoods grant program, through which eligible entities shall provide pipeline services to address the needs of children in low-income and distressed neighborhoods. "Pipeline services" form a continuum of coordinated supports, services, and opportunities from a child's birth through postsecondary education and career attainment. The bill establishes certain limitations on the use of grant funds for early childhood education programs with respect to assessment activities. Unless granted a waiver, each grant recipient shall provide matching funds equal to at least 100% of the amount of the grant. ED must award a portion of grant funds to grantees in rural areas, as specified by the bill.</p> <p>ED shall establish performance indicators for the program as well as provide technical assistance and program evaluation.</p> <p>The bill establishes the Project School Emergency Response to Violence program (Project SERV), through which eligible entities may initiate or strengthen violence prevention activities designed to restore a learning environment that was disrupted by a violent or traumatic crisis. Grant funds shall be made at ED's discretion and shall not be used for facility construction or repair.</p> <p>ED may use a portion of grant funds for national activities to carry out other efforts to improve students' safety and well-being, as specified by the bill.</p> <p>In addition, ED shall annually award competitive grants, contracts, or cooperative agreements to eligible entities for the purposes of enriching students' academic experience by promoting: (1) arts education for disadvantaged and disabled students, (2) school readiness through the development and dissemination of accessible instructional programing for preschool and elementary school children and their families, and (3) support for high-ability learners and high-ability learning through the Jacob K. Javits Gifted and Talented Students Education Program.</p> <p>ED must establish a National Research Center for the Education of Gifted and Talented Children and Youth for the purpose of carrying out activities under the Jacob K. Javits Gifted and Talented Students Education Program. </p> <p>TITLE V--STATE INNOVATION AND LOCAL FLEXIBILITY </p> <p>(Sec. 5003) The bill increases the minimum and maximum grant award amounts under the Rural Education Assistance Programs. An LEA that is eligible for grant funds under both the Small, Rural School Achievement Program and the Rural and Low-Income School Program may elect the program under which it receives funds. </p> <p>TITLE VI--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION </p> <p>(Sec. 6002) The bill retains competitive grant funding for Indian, Native Hawaiian, and Alaska Native Education. </p> <p>(Sec. 6005) ED shall evaluate and report on all levels of education being provided primarily in Native American languages. </p> <p>(Sec. 6006) ED shall report on efforts to address suicides among Indian students in elementary and secondary schools. </p> <p>TITLE VII--IMPACT AID</p> <p>(Sec. 7001) The bill makes permanent certain formula changes in the Impact Aid program, which provides financial assistance to school districts that are affected by federal activities and are accordingly exempt from local property taxes. </p> <p>(Sec. 7003) With respect to payments relating to federal acquisition of real property under the Impact Aid program, the bill: (1) specifies the types of records that may be used to assess a property's value; (2) modifies the method for calculating, on an LEA's request, the taxable value of an eligible federal property that is within the boundaries of multiple LEAs; and (3) modifies program eligibility requirements for LEAs that contain forest service land or have consolidated boundaries with former LEAs. </p> <p>(Sec. 7004) With respect to payments to LEAs for federally connected children under the Impact Aid program, the bill: (1) modifies eligibility requirements for heavily impacted LEAs and LEAs serving on-base children during renovation or repair projects, (2) makes certain formula adjustments that apply when appropriations are insufficient to make payments in full, (3) establishes hold harmless provisions with respect to LEAs facing payment reductions, and (4) eliminates maintenance of effort requirements for LEAs. </p> <p>(Sec. 7007) The bill expands eligibility for emergency and modernization grants to an LEA that meets specified existing requirements if at least 10% of the LEA's acreage is exempt from state and local taxation under federal law. </p> <p>(Sec. 7012) For purposes of the Impact Aid program, the bill expands the definition of "Armed Forces" to include the Coast Guard. </p> <p>(Sec. 7013) The bill reauthorizes the program through FY2020. </p> <p>TITLE VIII--GENERAL PROVISIONS </p> <p>(Sec. 8005) A state or LEA may use certain administrative funds to implement fiscal support teams that provide technical assistance related to key operational functions. </p> <p>(Sec. 8007) For schools funded by the Bureau of Indian Education, Interior shall define standards, assessments, and an accountability system consistent with the bill. Such requirements may be waived under specified circumstances. </p> <p>(Sec. 8008) ED shall: (1) identify the number of full-time equivalent (FTE) employees who worked on or administered programs eliminated by the bill, (2) reduce its workforce by that number of FTEs within a specified timeframe, and (3) report to Congress on the workforce reduction. </p> <p>(Sec. 8011) Two or more rural LEAs may submit a consolidated plan for covered programs. </p> <p>(Sec. 8013) The bill modifies application and reporting requirements for SEAs and LEAs to request waivers of statutory or regulatory requirements from ED. </p> <p>ED may not require an applicant to include in or delete from its request specific elements of state academic standards, assessments, accountability systems, or teacher evaluation systems. </p> <p>(Sec. 8014) The bill establishes processes for approving or disapproving state plans and LEA applications.</p> <p>(Sec. 8019) Under current law, an SEA must reduce funding for a covered program to the extent that an LEA fails to meet certain maintenance of effort requirements. The bill specifies that such reduction is required only if the LEA has also failed to meet those requirements in at least one of the five preceding fiscal years.</p> <p>ED may waive these maintenance of effort requirements if doing so would be equitable due to a change in the LEA's organizational structure. </p> <p>(Sec. 8022) Unless otherwise authorized, funds shall not be used for transportation or for the construction, renovation, or repair of any school facility. </p> <p>(Sec. 8023) The federal government may not mandate, direct, control, or condition or incentivize financial support upon the adoption of specific instructional content, academic standards and assessments, curricula, or programs of instruction to meet the requirements of the bill. </p> <p>(Sec. 8027) Current law prohibits the use of funds available under the ESEA to mandate nationwide testing or certification of teachers or education paraprofessionals. The bill extends this prohibition to also cover: (1) nationwide testing or certification of principals and other school leaders, and (2) any incentive regarding such nationwide testing or certification. </p> <p>(Sec. 8030) An LEA must consult with appropriate officials from Indian tribes or tribal organizations prior to submitting a required plan or application for a covered program if the LEA: (1) has an enrollment of American Indian or Alaska Native students that equals at least half of its total enrollment, or (2) received specified grant funding with respect to such students.</p> <p>(Sec. 8031) ED shall provide outreach and technical assistance to rural LEAs regarding applications for grant programs under the Act. </p> <p>(Sec. 8032) An SEA shall consult with the state's governor prior to submitting its plan to ED, as specified by the bill.</p> <p>(Sec. 8038) With specified exceptions, a state or educational agency that receives funds under the Act must prohibit any school employee, contractor, agent, or educational agency from assisting a school employee, contractor, or agent in obtaining a new job if the individual or agency knows, or has probable cause to believe, that the job-seeker engaged in unlawful sexual misconduct regarding a minor or student. </p> <p>(Sec. 8041) ED shall develop procedures for the approval and periodic review of departmental guidance, as specified by the bill. </p> <p>(Sec. 8042) The Institute of Education Sciences (IES) shall, on a biennial basis, submit to Congress and make publicly available an evaluation plan with respect to programs authorized under the Act.</p> <p>TITLE IX--EDUCATION FOR THE HOMELESS AND OTHER LAWS</p> <p>Part A--Homeless Children and Youths</p> <p>(Sec. 9102) The bill amends the McKinney-Vento Homeless Assistance Act to reauthorize through FY2020 an existing grant program that supports state and local activities related to the education of homeless children and youths. </p> <p>The bill also modifies program requirements with respect to: (1) the duties of the Coordinator for Education of Homeless Children and Youths established in each state, and (2) the contents of a state plan for the education of homeless children and youths within the state. </p> <p>(Sec. 9104) ED shall update and disseminate a public notice of the educational rights of homeless children and youths. In addition, ED shall issue updated enrollment guidelines for states with respect to homeless children and youths.</p> <p>ED shall provide technical assistance to states with respect to areas with persistent documented barriers to a free appropriate public education for homeless children and youths. </p> <p>(Sec. 9105) The bill alters the definition of "homeless children and youths" to exclude children who are awaiting foster care placement. </p> <p>(Sec. 9106) The bill reauthorizes the program through FY2020.</p> <p>Part B--Miscellaneous; Other Laws</p> <p>(Sec. 9203) ED must undertake various oversight and reporting activities related to accountability to taxpayers. </p> <p>(Sec. 9206) Congress recommends that John Arthur "Jack" Johnson receive a posthumous pardon. </p> <p>(Sec. 9207) The bill amends the Education Flexibility Partnership Act of 1999 to make several changes to the Educational Flexibility Program, through which ED may authorize an SEA to waive certain statutory or regulatory program requirements established under either the ESEA or the Carl D. Perkins Career and Technical Education Act of 2006. (States participating in the program are known as "Ed-Flex partnership states.") </p> <p>ED shall automatically extend the authority of a state to continue as an Ed-Flex partnership state pending a state's renewal request and ED's completion of the required performance review. ED must complete the performance review within 180 days and must then approve or deny the renewal request within 90 days.</p> <p>Under specified circumstances, ED shall terminate or suspend a state's agency to grant waivers under the program. Such a state shall have no more than one additional fiscal year to come into compliance for purposes of renewal. </p> <p>ED shall immediately extend for up to five years any existing designation of a state as an Ex-Flex partnership state, provided that ED determines that such extension is justified by the relevant SEA's performance.</p> <p>(Sec. 9208) IES must evaluate and report on: (1) the reduction in the number and percentage of students who drop out of school, (2) best practices with respect to student subgroup sample size, (3) student home access to digital learning resources, and (4) the effectiveness of title I funding formulas. </p> <p>(Sec. 9212) The Department of Health and Human Services (HHS), jointly with ED, shall award preschool development grants to states on a competitive basis. States shall use the grant funds to: (1) conduct periodic statewide needs assessments, (2) develop strategic plans, (3) maximize parental choice and knowledge, (4) share best practices among early childhood education program providers, and (5) improve the overall quality of early childhood education programs. HHS may also award renewal grants to enable states to continue these activities as well as award subgrants to early education programs designed to benefit low-income and disadvantaged children. With respect to both initial and renewal grants, states must provide matching funds. </p> <p>(Sec. 9213) HHS must conduct an interdepartmental review of all early childhood education programs for children younger than age six.</p>

tv_txt: II Calendar No. 63 114th CONGRESS 1st Session S. 1177 IN THE SENATE OF THE UNITED STATES April 30, 2015 Mr. Alexander , from the Committee on Health, Education, Labor, and Pensions , reported the following original bill; which was read twice and placed on the calendar A BILL To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

1. Short title This Act may be cited as the Every Child Achieves Act of 2015 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Statement of purpose. Sec. 5. Table of contents of the Elementary and Secondary Education Act of 1965. TITLE I—Improving Basic Programs Operated by State and Local Educational Agencies Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. School improvement and State administration. Sec. 1004. Basic program requirements. Sec. 1005. Parent and family engagement. Sec. 1006. Participation of children enrolled in private schools. Sec. 1007. Supplement, not supplant. Sec. 1008. Coordination requirements. Sec. 1009. Grants for the outlying areas and the Secretary of the Interior. Sec. 1010. Allocations to States. Sec. 1011. Maintenance of effort. Sec. 1012. Academic assessments. Sec. 1013. Education of migratory children. Sec. 1014. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. Sec. 1015. General provisions. Sec. 1016. Report on educational stability of children in foster care. Sec. 1017. Report on subgroup sample size. TITLE II—High-Quality Teachers, Principals, and Other School Leaders Sec. 2001. Transfer of certain provisions. Sec. 2002. Fund for the improvement of teaching and learning. Sec. 2003. American history and civics education. Sec. 2004. Literacy education. Sec. 2005. Improving science, technology, engineering, and mathematics instruction and student achievement. Sec. 2006. General provisions. TITLE III—Language Instruction for English Learners and Immigrant Students Sec. 3001. General provisions. Sec. 3002. Authorization of appropriations. Sec. 3003. English language acquisition, language enhancement, and academic achievement. Sec. 3004. Other provisions. TITLE IV—Safe and Healthy Students Sec. 4001. General provisions. Sec. 4002. Grants to States and local educational agencies. Sec. 4003. 21st century community learning centers. Sec. 4004. Elementary school and secondary school counseling programs. Sec. 4005. Physical education program. TITLE V—Empowering Parents and Expanding Opportunity Through Innovation Sec. 5001. General provisions. Sec. 5002. Public charter schools. Sec. 5003. Magnet schools assistance. Sec. 5004. Supporting high-ability learners and learning. Sec. 5005. Education innovation and research. Sec. 5006. Accelerated learning. Sec. 5007. Ready-to-Learn Television. Sec. 5008. Innovative technology expands children's horizons (I–TECH). Sec. 5009. Literacy and arts education. Sec. 5010. Early learning alignment and improvement grants. TITLE VI—Innovation and Flexibility Sec. 6001. Purposes. Sec. 6002. Improving academic achievement. Sec. 6003. Rural education initiative. Sec. 6004. General provisions. TITLE VII—Indian, Native Hawaiian, and Alaska Native Education Sec. 7001. Indian education. Sec. 7002. Native Hawaiian education. Sec. 7003. Alaska Native education. Sec. 7004. Native American language immersion schools and programs. TITLE VIII—Impact Aid Sec. 8001. Purpose. Sec. 8002. Amendment to Impact Aid Improvement Act of 2012. Sec. 8003. Payments relating to Federal acquisition of real property. Sec. 8004. Payments for eligible federally connected children. Sec. 8005. Policies and procedures relating to children residing on Indian lands. Sec. 8006. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. State consideration of payments in providing State aid. Sec. 8009. Definitions. Sec. 8010. Authorization of appropriations. TITLE IX—General Provisions Sec. 9101. Definitions. Sec. 9102. Applicability to Bureau of Indian education operated schools. Sec. 9103. Consolidation of funds for local administration. Sec. 9104. Rural consolidated plan. Sec. 9105. Waivers of statutory and regulatory requirements. Sec. 9106. Plan approval process. Sec. 9107. Participation by private school children and teachers. Sec. 9108. Maintenance of effort. Sec. 9109. School prayer. Sec. 9110. Prohibitions on Federal Government and use of Federal funds. Sec. 9111. Armed forces recruiter access to students and student recruiting information. Sec. 9112. Prohibition on federally sponsored testing. Sec. 9113. Limitations on national testing or certification for teachers. Sec. 9114. Consultation with Indian tribes and tribal organizations. Sec. 9115. Outreach and technical assistance for rural local educational agencies. Sec. 9116. Evaluations. TITLE X—Education for Homeless Children and Youths; Other Laws; Miscellaneous PART A—Education for Homeless Children and Youth Sec. 10101. Statement of policy. Sec. 10102. Grants for State and local activities. Sec. 10103. Local educational agency subgrants. Sec. 10104. Secretarial responsibilities. Sec. 10105. Definitions. Sec. 10106. Authorization of appropriations. PART B—Other Laws; Miscellaneous Sec. 10201. Use of term highly qualified in other laws. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Statement of purpose The purpose of this Act is to enable States and local communities to improve and support our Nation’s public schools and ensure that every child has an opportunity to achieve. 5. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Improving the Academic Achievement of the Disadvantaged Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. State administration. PART A—Improving Basic Programs Operated by Local Educational Agencies SUBPART 1—Basic Program Requirements Sec. 1111. State plans. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs. Sec. 1114. School identification, interventions, and supports. Sec. 1115. Parent and family engagement. Sec. 1116. Participation of children enrolled in private schools. Sec. 1117. Fiscal requirements. Sec. 1118. Coordination requirements. SUBPART 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. PART B—Academic Assessments Sec. 1201. Grants for State assessments and related activities. Sec. 1202. Grants for enhanced assessment instruments. Sec. 1203. Audits of assessment systems. Sec. 1204. Funding. Sec. 1205. Innovative assessment and accountability demonstration authority. PART C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. Coordination of migrant education activities. Sec. 1309. Definitions. PART D—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. SUBPART 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Evaluation; technical assistance; annual model program. SUBPART 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. SUBPART 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. PART E—General Provisions Sec. 1501. Federal regulations. Sec. 1502. Agreements and records. Sec. 1503. State administration. Sec. 1504. Prohibition against Federal mandates, direction, or control. Sec. 1505. Rule of construction on equalized spending. TITLE II—Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders Sec. 2001. Purpose. Sec. 2002. Definitions. Sec. 2003. Authorization of appropriations. PART A—Fund for the Improvement of Teaching and Learning Sec. 2101. Formula grants to States. Sec. 2102. Subgrants to local educational agencies. Sec. 2103. Local use of funds. Sec. 2104. Reporting. Sec. 2105. National activities of demonstrated effectiveness. Sec. 2106. Supplement, not supplant. PART B—Teacher and School Leader Incentive Program Sec. 2201. Purposes; definitions. Sec. 2202. Teacher and school leader incentive fund grants. Sec. 2203. Reports. PART C—American History and Civics Education Sec. 2301. Program authorized. Sec. 2302. Teaching of traditional American history. Sec. 2303. Presidential and congressional academies for American history and civics. Sec. 2304. National activities. Sec. 2305. Authorization of appropriations. PART D—Literacy Education For All, Results For the Nation Sec. 2401. Purposes; definitions. Sec. 2402. Comprehensive literacy State development grants. Sec. 2403. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 2405. National evaluation and information dissemination. Sec. 2406. Supplement, not supplant. PART E—Improving science, technology, engineering, and mathematics instruction and student achievement. Sec. 2451. Purpose. Sec. 2452. Definitions. Sec. 2453. Grants; allotments. Sec. 2454. Applications. Sec. 2455. Authorized activities. Sec. 2456. Performance metrics; report; evaluation. Sec. 2406. Supplement, not supplant. PART F—General Provisions Sec. 2501. Rules of construction. TITLE III—Language Instruction for English Learners and Immigrant Students Sec. 3001. Authorization of appropriations. PART A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. SUBPART 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State and specially qualified agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. SUBPART 2—Accountability and Administration Sec. 3121. Reporting. Sec. 3122. Reporting requirements. Sec. 3123. Coordination with related programs. Sec. 3124. Rules of construction. Sec. 3125. Legal authority under State law. Sec. 3126. Civil rights. Sec. 3127. Programs for Native Americans and Puerto Rico. Sec. 3128. Prohibition. SUBPART 3—National Activities Sec. 3131. National professional development project. SUBPART 4—Definitions Sec. 3141. Definitions. PART B—General Provisions Sec. 3201. Definitions. Sec. 3202. National clearinghouse. Sec. 3203. Regulations. TITLE IV—Safe and Healthy Students PART A—Grants to States and Local Educational Agencies Sec. 4101. Purpose. Sec. 4102. Definitions. Sec. 4103. Formula grants to States. Sec. 4104. Subgrants to local educational agencies. Sec. 4105. Local educational agency authorized activities. Sec. 4106. Supplement, not supplant. Sec. 4107. Prohibitions. Sec. 4108. Authorization of appropriations. PART B—21st century community learning centers Sec. 4201. Purpose; definitions. Sec. 4202. Allotments to States. Sec. 4203. State application. Sec. 4204. Local competitive grant program. Sec. 4205. Local activities. Sec. 4206. Authorization of appropriations. PART C—Elementary school and secondary school counseling programs Sec. 4301. Elementary school and secondary school counseling programs. PART D—Physical education program Sec. 4401. Purpose. Sec. 4402. Program authorized. Sec. 4403. Applications. Sec. 4404. Requirements. Sec. 4405. Administrative provisions. Sec. 4406. Supplement, not supplant. Sec. 4407. Authorization of appropriations. TITLE V—Empowering Parents and Expanding Opportunity Through Innovation PART A—Public Charter Schools Sec. 5101. Purpose. Sec. 5102. Program authorized. Sec. 5103. Grants to support high-quality charter schools. Sec. 5104. Facilities financing assistance. Sec. 5105. National activities. Sec. 5106. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5107. Solicitation of input from charter school operators. Sec. 5108. Records transfer. Sec. 5109. Paperwork reduction. Sec. 5110. Definitions. Sec. 5111. Authorization of appropriations. PART B—Magnet Schools Assistance Sec. 5201. Findings and purpose. Sec. 5202. Definition. Sec. 5203. Program authorized. Sec. 5204. Eligibility. Sec. 5205. Applications and requirements. Sec. 5206. Priority. Sec. 5207. Use of funds. Sec. 5208. Limitations. Sec. 5209. Authorization of appropriations; reservation. PART C—Supporting high-ability learners and learning Sec. 5301. Short title. Sec. 5302. Purpose. Sec. 5303. Rule of construction. Sec. 5304. Authorized programs. Sec. 5305. Program priorities. Sec. 5306. General provisions. Sec. 5307. Authorization of appropriations. PART D—Education Innovation and research Sec. 5401. Grants for education innovation and research. PART E—Accelerated learning Sec. 5501. Short title. Sec. 5502. Purposes. Sec. 5503. Funding distribution rule. Sec. 5504. Accelerated learning examination fee program. Sec. 5505. Accelerated learning incentive program grants. Sec. 5506. Supplement, not supplant. Sec. 5507. Definitions. Sec. 5508. Authorization of appropriations. PART F—Ready-to-Learn Television Sec. 5601. Ready-To-Learn. PART G—Innovative technology expands children's horizons (I-TECH) Sec. 5701. Purposes. Sec. 5702. Definitions. Sec. 5703. Technology grants program authorized. Sec. 5704. State applications. Sec. 5705. State use of grant funds. Sec. 5706. Local subgrants. Sec. 5707. Reporting. Sec. 5708. Authorization. PART H—Literacy and Arts Education Sec. 5801. Literacy and arts education. PART I—Early learning alignment and improvement grants Sec. 5901. Purposes; definitions. Sec. 5902. Early learning alignment and improvement grants. Sec. 5903. Authorization of appropriations. TITLE VI—Flexibility and Accountability Sec. 6001. Purposes. PART A—Improving Academic achievement SUBPART 1—Funding Transferability for State and Local Educational Agencies Sec. 6111. Short title. Sec. 6112. Purpose. Sec. 6113. Transferability of funds. SUBPART 2—Weighted student funding flexibility pilot program Sec. 6121. Weighted student funding flexibility pilot program. PART B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. SUBPART 1—Small, Rural School Achievement Program Sec. 6211. Use of applicable funding. Sec. 6212. Grant program authorized. Sec. 6213. Academic achievement assessments. SUBPART 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Sec. 6225. Choice of participation. SUBPART 3—General Provisions Sec. 6231. Annual average daily attendance determination. Sec. 6232. Supplement, not supplant. Sec. 6233. Rule of construction. Sec. 6234. Authorization of appropriations. PART C—General Provisions Sec. 6301. Prohibition against Federal mandates, direction, or control. Sec. 6302. Rule of construction on equalized spending. TITLE VII—Indian, Native Hawaiian, and Alaska Native Education PART A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. SUBPART 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. SUBPART 2—Special Programs and Projects to Improve Educational Opportunities for Indian Children Sec. 7121. Improvement of educational opportunities for Indian children and youth. Sec. 7122. Professional development for teachers and education professionals. SUBPART 3—National Activities Sec. 7131. National research activities. Sec. 7132. Grants to tribes for education administrative planning, development, and coordination. SUBPART 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. SUBPART 5—Definitions; Authorizations of Appropriations Sec. 7151. Definitions. Sec. 7152. Authorizations of appropriations. PART B—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. PART C—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Funds for administrative purposes. Sec. 7306. Definitions. PART D—Native American and Alaska Native language immersion schools and programs Sec. 7401. Native American and Alaska Native language immersion schools. TITLE VIII—Impact aid Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. Sec. 8014. Authorization of appropriations. TITLE IX—General Provisions PART A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Education operated schools. PART B—Flexibility in the Use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. PART C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purpose. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. PART D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. PART E—Approval and Disapproval of State Plans and Local Applications Sec. 9451. Approval and disapproval of State plans. Sec. 9452. Approval and disapproval of local educational agency applications. PART F—Uniform Provisions SUBPART 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. SUBPART 2—Other Provisions Sec. 9521. Maintenance of effort. Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Transfer of school disciplinary records. Sec. 9538. Consultations with Indian tribes and tribal organizations. SUBPART 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. SUBPART 4—Internet Safety Sec. 9551. Internet safety. SUBPART 5—Gun Possession Sec. 9561. Gun-free requirements. SUBPART 6—Environmental Tobacco Smoke Sec. 9571. Short title. Sec. 9572. Definitions. Sec. 9573. Nonsmoking policy for children’s services. Sec. 9574. Preemption. PART G—Evaluations Sec. 9601. Evaluations. . I Improving basic programs operated by State and local educational agencies 1001. Statement of purpose Section 1001 ( 20 U.S.C. 6301 ) is amended to read as follows: 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equitable, and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce, without the need for postsecondary remediation, and to close educational achievement gaps. . 1002. Authorization of appropriations Section 1002 ( 20 U.S.C. 6302 ) is amended to read as follows: 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (b) State assessments For the purpose of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (d) Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk For the purpose of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (e) Federal activities For the purpose of carrying out evaluation activities related to title I under section 9601, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (f) School intervention and support For the purpose of carrying out section 1114, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. . 1003. School improvement and state administration The Act ( 20 U.S.C. 6301 et seq. ) is amended— (1) by striking section 1003; (2) by redesignating section 1004 as section 1003; and (3) in section 1003, as redesignated by paragraph (2), by adding at the end the following: (c) Technical assistance and support (1) In general Each State may reserve not more than 4 percent of the amount the State receives under subpart 2 of part A for a fiscal year to carry out paragraph (2) and to carry out the State educational agency’s responsibilities under section 1114(a), including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies. (2) Uses Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency— (A) shall use not less than 95 percent of such amount by allocating such sums directly to local educational agencies for activities required under section 1114; or (B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as school support teams, educational service agencies, or other nonprofit or for-profit organizations that use evidence-based strategies to improve student achievement, teaching, and schools. (3) Priority The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that— (A) serve the lowest performing elementary schools and secondary schools, as identified by the State under section 1114; (B) demonstrate the greatest need for such funds, as determined by the State; and (C) demonstrate the strongest commitment to using evidence-based interventions to enable the lowest–performing schools to improve student achievement and student outcomes. (4) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out this subsection for a fiscal year is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (B) section 1126(c). (5) Special rule Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection in any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (6) Reporting Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line. . 1004. Basic program requirements Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. ) is amended— (1) by striking sections 1111 through 1117 and inserting the following: 1111. State plans (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency with timely and meaningful consultation with the Governor, local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators, other staff, and parents, that— (A) is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the NAEP Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act; and (B) describes how the State will implement evidence-based strategies for improving student achievement under this title and disseminate that information to local educational agencies. (2) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (3) Peer review and secretarial approval (A) In general The Secretary shall— (i) establish a peer-review process to assist in the review of State plans; (ii) establish multidisciplinary peer review teams and appoint members of such teams that— (I) are representative of teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and individuals and researchers with practical experience in implementing academic standards, assessments, or accountability systems, and meeting the needs of disadvantaged students, children with disabilities, students who are English learners, the needs of low-performing schools, and other educational needs of students; (II) include a balanced representation of individuals who have practical experience in the classroom, school administration, or State or local government, such as direct employees of a school, local educational agency, or State educational agency within the preceding 5 years; and (III) represent a regionally diverse cross-section of States; (iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who will review State plans under this section; (iv) ensure that the peer review teams are comprised of varied individuals so that the same peer reviewers are not reviewing all of the State plans; and (v) deem a State plan as approved within 90 days of its submission unless the Secretary presents substantial evidence that clearly demonstrates that such State plan does not meet the requirements of this section. (B) Purpose of peer review The peer-review process shall be designed to— (i) maximize collaboration with each State; (ii) promote effective implementation of the challenging State academic standards through State and local innovation; and (iii) provide publicly available, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans. (C) Standard and nature of review Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan. (D) Rule of construction Nothing in this paragraph shall be construed as prohibiting the Secretary from appointing an individual to serve as a peer reviewer on more than one peer review team under subparagraph (A) or to review more than one State plan. (4) State plan determination, demonstration, and revision If the Secretary determines that a State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve the State plan— (A) immediately notify the State of such determination; (B) provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements; (C) provide all peer review comments, suggestions, recommendations, or concerns in writing to the State; (D) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of this section; (E) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); and (F) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing, unless the State declines the opportunity for such public hearing. (5) State plan disapproval The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and— (A) the State does not revise and resubmit its plan; or (B) the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(F), if applicable. (6) Limitations (A) In general The Secretary shall not have the authority to require a State, as a condition of approval of the State plan or revisions or amendments to the State plan, to— (i) include in, or delete from, such plan 1 or more specific elements of the challenging State academic standards; (ii) use specific academic assessment instruments or items; (iii) set specific State-designed annual goals or specific timelines for such goals for all students or each of the categories of students, as defined in subsection (b)(3)(A); (iv) assign any specific weight or specific significance to any measures or indicators of student academic achievement or growth within State-designed accountability systems; (v) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes— (I) the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards; (II) the specific types of academic assessments or assessment items that States and local educational agencies use to meet the requirements of this part; (III) any requirement that States shall measure student growth, the specific metrics used to measure student academic growth if a State chooses to measure student growth, or the specific indicators or methods to measure student readiness to enter postsecondary education or the workforce; (IV) any specific benchmarks, targets, goals, or metrics to measure nonacademic measures or indicators; (V) the specific weight or specific significance of any measure or indicator of student academic achievement within State-designed accountability systems; (VI) the specific annual goals States establish for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of subsection (b)(3)(B)(i); (VII) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or (VIII) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or (vi) require data collection beyond data derived from existing Federal, State, and local reporting requirements and data sources. (B) Rule of construction Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under Federal law. (7) Public review All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the website of the Department, including— (A) plans submitted or resubmitted by a State; (B) peer-review comments; (C) State plan determinations by the Secretary, including approvals or disapprovals; and (D) notices and transcripts of public hearings under this section. (8) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part or 7 years, whichever is shorter; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (B) Additional information (i) In general If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards, new academic assessments, or changes to its accountability system under subsection (b)(3), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan. (ii) Review of revised plans The Secretary shall review the information submitted under clause (i) and approve or disapprove changes to the State plan within 90 days in accordance with paragraphs (4) through (6) without undertaking the peer-review process under paragraph (3). (iii) Special rule for standards If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply. (C) Renewal A State educational agency shall submit a revised plan every 7 years subject to the peer-review process under paragraph (3). (D) Limitation The Secretary shall not have the authority to place any new conditions, requirements, or criteria for approval of a plan submitted for renewal under subparagraph (C) that are not otherwise authorized under this part. (9) Failure to meet requirements If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (b) Challenging State academic standards, academic assessments, and accountability systems (1) Challenging state academic standards (A) In general Each State shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as challenging State academic standards ), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary. (B) Same standards Except as provided in subparagraph (E), the standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school students in the State. (C) Subjects The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all public school students in the State. (D) Alignment Each State shall demonstrate that the challenging State academic standards are aligned with— (i) entrance requirements, without the need for academic remediation, for the system of public higher education in the State; (ii) relevant State career and technical education standards; and (iii) relevant State early learning guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T) ). (E) Alternate academic achievement standards for students with the most significant cognitive disabilities (i) In general The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards— (I) are aligned with the challenging State academic content standards under subparagraph (A); (II) promote access to the general curriculum, consistent with the purposes of the Individuals with Disabilities Education Act, as stated in section 601(d) of such Act; (III) reflect professional judgment of the highest achievement standards attainable by those students; (IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act for each such student as the academic achievement standards that will be used for the student; and (V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track for further education or employment. (ii) Prohibition on any other alternate or modified academic achievement standards A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). (F) English language proficiency standards Each State plan shall demonstrate that the State has adopted English language proficiency standards that are aligned with the challenging State academic standards under subparagraph (A). Such standards shall— (i) ensure proficiency in each of the domains of speaking, listening, reading, and writing; (ii) address the different proficiency levels of children who are English learners; and (iii) be aligned with the challenging State academic standards in reading or language arts, so that achieving proficiency in the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards. (G) Prohibitions (i) Standards review or approval A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval. (ii) Federal control The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State. (H) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Every Child Achieves Act of 2015 . (2) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality statewide academic assessments that— (i) includes, at a minimum, academic statewide assessments in mathematics, reading or language arts, and science; and (ii) meets the requirements of subparagraph (B). (B) Requirements The assessments under subparagraph (A) shall— (i) except as provided in subparagraph (D), be— (I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and (II) administered to all public elementary school and secondary school students in the State; (ii) be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level; (iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, and objectively measure academic achievement, knowledge, and skills; (iv) be of adequate technical quality for each purpose required under this Act and consistent with the requirements of this section, the evidence of which is made public, including on the website of the State educational agency; (v) (I) measure the annual academic achievement of all students against the challenging State academic standards in, at a minimum, mathematics and reading or language arts, and be administered— (aa) in each of grades 3 through 8; and (bb) at least once in grades 9 through 12; and (II) measure the academic achievement of all students against the challenging State academic standards in science, and be administered not less than one time, during— (aa) grades 3 through 5; (bb) grades 6 through 9; and (cc) grades 10 through 12; (vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks; (vii) provide for— (I) the participation in such assessments of all students; (II) the appropriate accommodations for children with disabilities and students with a disability who are provided accommodations under another Act, necessary to measure the academic achievement of such children relative to the challenging State academic standards; (III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(F); (viii) at the State’s choosing— (I) be administered through a single summative assessment; or (II) be administered through multiple statewide assessments during the course of the year if the State can demonstrate that the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student achievement or growth; (ix) notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; (x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with challenging State academic achievement standards, and that are provided to parents, teachers, principals, and other school leaders as soon as is practicable after the assessment is given, in an understandable and uniform format, and, to the extent practicable, in a language that the parents can understand; (xi) enable results to be disaggregated within each State, local educational agency, and school, by— (I) each major racial and ethnic group; (II) economically disadvantaged students as compared to students who are not economically disadvantaged; (III) children with disabilities as compared to children without disabilities; (IV) English proficiency status; (V) gender; and (VI) migrant status; (xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and (xiii) be developed, to the extent practicable, using the principles of universal design for learning. (C) Exception to disaggregation Notwithstanding subparagraph (B)(xi), the disaggregated results of assessments shall not be required in the case of a local educational agency or school if— (i) the number of students in a category described under subparagraph (B)(xi) is insufficient to yield statistically reliable information; or (ii) the results would reveal personally identifiable information about an individual student. (D) Alternate assessments for students with the most significant cognitive disabilities (i) Alternate assessments aligned with alternate academic achievement standards A State may provide for alternate assessments aligned with the challenging State academic content standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State— (I) ensures that for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject; (II) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, individually for each subject, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; (III) ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, parents are involved in the decision to use the alternate assessment for their child; (IV) ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, students with the most significant cognitive disabilities are involved in and make progress in the general education curriculum; (V) describes in the State plan the appropriate accommodations provided to ensure access to the alternate assessment; (VI) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments; (VII) ensures that general and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, to children with disabilities; (VIII) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities participating in academic instruction and assessments and increase the number of students with significant cognitive disabilities who are tested against challenging State academic achievement standards; and (IX) ensures that students who take alternate assessments based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular high school diploma. (ii) Students with the most significant cognitive disabilities In determining the achievement of students in the State accountability system, a State educational agency shall include, for all schools in the State, the performance of the State’s students with the most significant cognitive disabilities on alternate assessments as described in this subparagraph in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of clause (i)(I). (E) State authority If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by— (i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or (ii) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which— (I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and (II) are applicable to all students served by each such local educational agency. (F) Language assessments Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as necessary. (G) Assessments of english language proficiency Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency, which is valid, reliable, and consistent with relevant nationally recognized professional and technical testing standards measuring students’ speaking, listening, reading, and writing skills in English, of all children who are English learners in the schools served by the State educational agency. (H) Deferral A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $378,000,000. (I) Rule of construction regarding use of assessments for student promotion or graduation Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes. (J) Rule of construction regarding assessments (i) In general Except as provided in clause (ii), nothing in this paragraph shall be construed to prohibit a State from developing and administering computer adaptive assessments as the assessments described in this paragraph, as long as the computer adaptive assessments— (I) meet the requirements of this paragraph; and (II) assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing above or below the student’s grade level. (ii) Applicability to alternate assessments for students with the most significant cognitive disabilities In developing and administering computer adaptive assessments as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments— (I) meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and (II) assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing at the student’s grade level. (K) Rule of construction on parent and guardian rights Nothing in this part shall be construed as preempting a State or local law regarding the decision of a parent or guardian to not have the parent or guardian's child participate in the statewide academic assessments under this paragraph. (3) State accountability system (A) Category of students In this paragraph, the term category of students means— (i) economically disadvantaged students; (ii) students from major racial and ethnic groups; (iii) children with disabilities; and (iv) English learner students. (B) Description of system Each State plan shall describe a single, statewide State accountability system that will be based on the challenging State academic standards adopted by the State to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation and at a minimum complies with the following: (i) Annually establishes State-designed goals for all students and each of the categories of students in the State that take into account the progress necessary for all students and each of the categories of students to graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation, for, at a minimum each of the following: (I) Academic achievement, which may include student growth, on the State assessments under paragraph (2). (II) High school graduation rates, including— (aa) the 4-year adjusted cohort graduation rate; and (bb) at the State’s discretion, the extended-year adjusted cohort graduation rate. (ii) Annually measures and reports on the following indicators: (I) The academic achievement of all public school students in all public schools and local educational agencies in the State towards meeting the goals described in clause (i) and the challenging State academic standards for all students and for each of the categories of students using student performance on State assessments required under paragraph (2), which may include measures of student academic growth to such standards. (II) The academic success of all public school students in all public schools and local educational agencies in the State, that is with respect to— (aa) elementary schools and secondary schools that are not high schools, an academic indicator, as determined by the State, that is the same statewide for all public elementary school students and all students at such secondary schools, and each category of students; and (bb) high schools, the high school graduation rates of all public high school students in all public high schools in the State toward meeting the goals described in clause (i), for all students and for each of the categories of students, including the 4-year adjusted cohort graduation rate and at the State’s discretion, the extended-year adjusted cohort graduation rate. (III) English language proficiency of all English learners in all public schools and local educational agencies, which may include measures of student growth. (IV) Not less than one other valid and reliable indicator of school quality, success, or student supports, as determined appropriate by the State, that will be applied to all local educational agencies and schools consistently throughout the State for all students and for each of the categories of students, which may include measures of— (aa) student readiness to enter postsecondary education or the workforce without the need for postsecondary remediation; (bb) student engagement, such as attendance rates and chronic absenteeism; (cc) educator engagement, such as educator satisfaction (including working conditions within the school), teacher quality and effectiveness, and teacher absenteeism; (dd) results from student, parent, and educator surveys; (ee) school climate and safety, such as incidents of school violence, bullying, and harassment, and disciplinary rates, including rates of suspension, expulsion, referrals to law enforcement, school-based arrests, disciplinary transfers (including placements in alternative schools), and student detentions; (ff) student access to or success in advanced coursework or educational programs or opportunities; and (gg) any other State-determined measure of school quality or student success. (iii) Establishes a system of annually identifying and meaningfully differentiating among all public schools in the State, which shall— (I) be based on all indicators in the State’s accountability system for all students and for each of the categories of students; and (II) use the indicators described in subclauses (I) and (II) of clause (ii) as substantial factors in the annual identification of schools, and the weight of such factors shall be determined by the State. (iv) For public schools receiving assistance under this part, meets the requirements of section 1114. (v) Provides a clear and understandable explanation of the method of identifying and meaningfully differentiating schools under clause (iii). (vi) Measures the annual progress of not less than 95 percent of all students, and students in each of the categories of students, who are enrolled in the school and are required to take the assessments under paragraph (2) and provides a clear and understandable explanation of how the State will factor this requirement into the State-designed accountability system determinations. (4) Exception for english learners A State may choose to— (A) exclude a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months from one administration of the reading or language arts assessment required under paragraph (2); (B) exclude the results of a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months on the assessments under paragraph (2), except for the results on the English language proficiency assessments required under paragraph (2)(G), for the first year of the English learner’s enrollment in a school in the United States for the purposes of the State-determined accountability system under this subsection; and (C) include the results on the assessments under paragraph (2), except for results on the English language proficiency assessments required under paragraph (2)(G), of former English learners for not more than 2 years after the student is no longer identified as an English learner within the English learner category of the categories of students, as defined in paragraph (3)(A), for the purposes of the State-determined accountability system. (5) Accountability for charter schools The accountability provisions under this title shall be overseen for charter schools in accordance with State charter school law. (6) Prohibition on Federal interference with State and local decisions Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes— (A) the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards; (B) the specific types of academic assessments or assessment items that States or local educational agencies use to meet the requirements of paragraph (2)(B) or otherwise use to measure student academic achievement or student growth; (C) the specific goals that States establish within State-designed accountability systems for all students and for each of the categories of students, as defined in paragraph (3)(A), for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of paragraph (3)(B)(i); (D) any requirement that States shall measure student growth or the specific metrics used to measure student academic growth if a State chooses to measure student growth; (E) the specific indicator under paragraph (3)(B)(ii)(II)(aa), or any indicator under paragraph (3)(B)(ii)(IV), that a State must use within the State-designed accountability system; (F) setting specific benchmarks, targets, or goals, for any other measures or indicators established by a State under subclauses (III) and (IV) of paragraph (3)(B)(ii), including progress or growth on such measures or indicators; (G) the specific weight or specific significance of any measures or indicators used to measure, identify, or differentiate schools in the State-determined accountability system, as described in clauses (ii) and (iii) of paragraph (3)(B); (H) the terms meaningfully or substantially as used in this part; (I) the specific methods used by States and local educational agencies to identify and meaningfully differentiate among public schools; (J) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or (K) indicators or measures of teacher, principal, or other school leader effectiveness or quality. (c) Other plan provisions (1) Descriptions Each State plan shall describe— (A) with respect to any accountability provisions under this part that require disaggregation of information by each of the categories of students, as defined in subsection (b)(3)(A)— (i) the minimum number of students that the State determines are necessary to be included in each such category of students to carry out such requirements and how that number is statistically sound; (ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when setting the minimum number; and (iii) how the State ensures that such minimum number does not reveal personally identifiable information about students; (B) the State educational agency’s system to monitor and evaluate the intervention and support strategies implemented by local educational agencies in schools identified as in need of intervention and support under section 1114, including the lowest-performing schools and schools identified for other reasons, including schools with categories of students, as defined in subsection (b)(3)(A), not meeting the goals described in subsection (b)(3)(B)(i), and the steps the State will take to further assist local educational agencies, if such strategies are not effective; (C) in the case of a State that proposes to use funds under this part to offer early childhood education programs, how the State provides assistance and support to local educational agencies and individual elementary schools that are creating, expanding, or improving such programs; (D) in the case of a State that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the State educational agency will assist local educational agencies in the development, implementation, and coordination of such activities and services with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services; (E) how the State educational agency will provide support to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; (F) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, and inexperienced teachers, principals, or other school leaders, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description; (G) how the State will make public the methods or criteria the State or its local educational agencies are using to measure teacher, principal, and other school leader effectiveness for the purpose of meeting the requirements described in subparagraph (F), however nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system; (H) how the State educational agency will protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of seclusion and restraint or disproportionality in rates of seclusion and restraint; (I) how the State educational agency will address school discipline issues, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of exclusionary discipline or disproportionality in rates of exclusionary discipline; (J) how the State educational agency will address school climate issues, which may include providing technical assistance on effective strategies to reduce the incidence of school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism; (K) how the State determines, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, the timelines and annual goals for progress necessary to move English learners from the lowest levels of English proficiency to the State-defined proficient level in a State-determined number of years, including an assurance that such goals will be based on students’ initial language proficiency when first identified as an English learner and may take into account the amount of time that an individual child has been enrolled in a language program and grade level; (L) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) to improve the educational stability of children or youth in foster care, including an assurance that— (i) any such child or youth is immediately enrolled in a school, even if the child or youth is unable to produce records normally required for enrollment; and (ii) the enrolling school shall immediately contact the school last attended by any such child or youth to obtain relevant academic and other records; and (M) any other information on how the State proposes to use funds under this part to meet the purposes of this part, and that the State determines appropriate to provide, which may include how the State educational agency will— (i) assist local educational agencies in identifying and serving gifted and talented students; and (ii) encourage the offering of a variety of well-rounded education experiences to students. (2) Assurances Each State plan shall provide an assurance that— (A) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section; (B) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; (C) the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (D) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; (E) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1115; (F) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; (G) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations, such as educational service agencies, or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools; (H) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process; (I) the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; (J) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; (K) the State educational agency has involved the committee of practitioners established under section 1503(b) in developing the plan and monitoring its implementation; (L) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Child Achieves Act of 2015 ; and (M) the State educational agency will assess the system for collecting data from local educational agencies, and the technical assistance provided to local educational agencies on data collection, and will evaluate the need to upgrade or change the system and to provide additional support to help minimize the burden on local educational agencies related to reporting data required for the annual State report card described in subsection (d)(1) and annual local educational agency report cards described in subsection (d)(2). (d) Reports (1) Annual state report card (A) In general A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph. (B) Implementation (i) In general The State report card required under this paragraph shall be— (I) concise; (II) presented in an understandable and uniform format and, to the extent practicable, in a language that parents can understand; and (III) widely accessible to the public, which shall include making the State report card, along with all local educational agency and school report cards required under paragraph (2), and the annual report to the Secretary under paragraph (5), available on a single webpage of the State educational agency’s website. (ii) Ensuring privacy No State report card required under this paragraph shall include any personally identifiable information about any student. Each such report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (C) Minimum requirements Each State report card required under this subsection shall include the following information: (i) A clear and concise description of the State’s accountability system under subsection (b)(3), including the goals for all students and for each of the categories of students, as defined in subsection (b)(3)(A), the indicators used in the accountability system to evaluate school performance described in subsection (b)(3)(B), and the weights of the indicators used in the accountability system to evaluate school performance. (ii) For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), homeless status, and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student, information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1). (iii) For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed. (iv) For all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student— (I) information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; and (II) high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates. (v) Information on indicators or measures of school quality, climate and safety, and discipline, including the rates of in-school suspensions, out-of-school suspensions, expulsions, school-based arrests, referrals to law enforcement, chronic absenteeism, and incidences of violence, including bullying and harassment, that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey. (vi) The minimum number of students that the State determines are necessary to be included in each of the categories of students, as defined in subsection (b)(3)(A), for use in the accountability system under subsection (b)(3). (vii) The professional qualifications of teachers, principals, and other school leaders in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in each quartile based on school poverty level, and high–minority and low–minority schools in the State) on the number, percentage, and distribution of— (I) inexperienced teachers, principals, and other school leaders; (II) teachers teaching with emergency or provisional credentials; (III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed; (IV) teachers, principals, and other school leaders who are ineffective, as determined by the State, using the methods or criteria under subsection (c)(1)(G); and (V) the annual retention rates of effective and ineffective teachers, principals, and other school leaders, as determined by the State, using the methods or criteria under subsection (c)(1)(G). (viii) Information on the performance of local educational agencies and schools in the State, including the number and names of each school identified for intervention and support under section 1114. (ix) For a State that implements a teacher, principal, and other school leader evaluation system consistent with title II, the evaluation results of teachers, principals, and other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders. (x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year. (xi) The number and percentages of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject. (xii) Information on the acquisition of English language proficiency by students who are English learners. (xiii) Information that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey that includes— (I) the number and percentage of— (aa) students enrolled in gifted and talented programs; (bb) students enrolled in rigorous coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual enrollment and early college high schools; and (cc) children enrolled in preschool programs; (II) the average class size, by grade; and (III) any other indicators determined by the State. (xiv) The number and percentage of students attaining career and technical proficiencies, as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 and reported by States only in a manner consistent with section 113(c) of that Act. (xv) Results on the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 for the State, compared to the national average. (xvi) Information on the percentage of students, including for each of the categories of students, as defined in subsection (b)(3)(A), who did not meet the annual State goals established under subsection (b)(3)(B). (xvii) Information regarding the number of military-connected students (which, for purposes of this clause, shall mean students with parents who serve in the uniformed services, including the National Guard and Reserves), and information regarding the academic achievement of such students, except that such information shall not be used for school or local educational agency accountability purposes under sections 1111(b)(3) and 1114. (xviii) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools. (D) Rule of construction (i) In general Nothing in clause (v) or (xiii) of subparagraph (C) shall be construed as requiring a State to report any data that are not otherwise required or voluntarily submitted to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department. (ii) Continuation of submission to department of information If, at any time after the date of enactment of the Every Child Achieves Act of 2015, the Civil Rights Data Collection biennial survey is no longer conducted by the Office for Civil Rights of the Department, a State educational agency shall still include the information under clauses (v) and (xiii) of subparagraph (C) in the State report card under this paragraph in the same manner that such information is presented on such survey. (2) Annual local educational agency report cards (A) In general (i) Preparation and dissemination A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes— (I) information on such agency as a whole; and (II) for each school served by the agency, a school report card that meets the requirements of this paragraph. (ii) No personally identifiable information No local educational agency report card required under this paragraph shall include any personally identifiable information about any student. (iii) Consistent with FERPA Each local educational agency report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (B) Implementation Each local educational agency report card shall be— (i) concise; (ii) presented in an understandable and uniform format, and to the extent practicable in a language that parents can understand; and (iii) accessible to the public, which shall include— (I) placing such report card on the website of the local educational agency and on the website of each school served by the agency; and (II) in any case in which a local educational agency or school does not operate a website, providing the information to the public in another manner determined by the local educational agency. (C) Minimum requirements Each local educational agency report card required under this paragraph shall include— (i) the information described in paragraph (1)(C), disaggregated in the same manner as under paragraph (1)(C), except for clause (xv) of such paragraph, as applied to the local educational agency, and each school served by the local educational agency, including— (I) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; and (II) in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; (ii) any information required by the State under paragraph (1)(C)(xviii); and (iii) any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card. (D) Public dissemination (i) In general Except as provided in clause (ii), a local educational agency shall— (I) publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools; and (II) make the information widely available through public means, including through electronic means, including posting in an easily accessible manner on the local educational agency’s website, except in the case in which an agency does not operate a website, such agency shall determine how to make the information available, such as through distribution to the media, and distribution through public agencies. (ii) Exception If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report. (3) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Achieves Act of 2015 , may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection. (4) Cost reduction Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. (5) Annual state report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on student achievement on the academic assessments described in subsection (b)(2) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), including— (i) the percentage of students who achieved at each level of achievement the State has set in subsection (b)(1); (ii) the percentage of students who did not meet the annual State goals set in subsection (b)(3)(B); and (iii) if applicable, the percentage of students making at least one year of academic growth over the school year, as determined by the State; (B) the percentage of students assessed and not assessed on the academic assessments described in subsection (b)(2) for all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi); (C) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A)— (i) information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; (ii) high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates; and (iii) information on each State-determined indicator of school quality, success, or student support under subsection (b)(3)(B)(ii)(IV) selected by the State in the State accountability system; (D) information on the acquisition of English language proficiency by students who are English learners; (E) the per-pupil expenditures of Federal, State, and local funds, including actual staff personnel expenditures and actual nonpersonnel expenditures, disaggregated by source of funds for each school served by the agency for the preceding fiscal year; (F) the number and percentage of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject; (G) the number and names of the schools identified as in need of intervention and support under section 1114, and the school intervention and support strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school; (H) the number of students and schools that participated in public school choice under section 1114(b)(4); (I) information on the quality and effectiveness of teachers for each quartile of schools based on the school’s poverty level and high–minority and low–minority schools in the local educational agencies in the State, including the number, percentage, and distribution of— (i) inexperienced teachers; (ii) teachers who are not teaching in the subject or field for which the teacher is certified or licensed; and (iii) teachers who are not effective, as determined by the State if the State has a statewide teacher, principal, or other school leader evaluation system; and (J) if the State has a statewide teacher, principal, or other school leader evaluation system, information on the results of such teacher, principal, or other school leader evaluation systems that does not reveal personally identifiable information. (6) Presentation of data (A) In general A State educational agency or local educational agency shall only include in its annual report card described under paragraphs (1) and (2) data that are sufficient to yield statistically reliable information, and that do not reveal personally identifiable information about an individual student, teacher, principal, or other school leader. (B) Student privacy In carrying out this subsection, student education records shall not be released without written consent consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (7) Report to congress The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national and State level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only. (8) Secretary’s report card (A) In general Not later than July 1, 2017, and annually thereafter, the Secretary, acting through the Director of the Institute of Education Sciences, shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and comparable international assessments; (iii) identify trends in student achievement and high school graduation rates (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates), by analyzing and reporting on the status and performance of students, disaggregated by achievement level and by each of the categories of students, as defined in subsection (b)(3)(A); (iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries, school level spending, and other financial data publicly available, and report on current trends and major findings; and (v) analyze information on the teaching, principal, and other school leader professions, including education and training, retention and mobility, and effectiveness in improving student achievement. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (C) Public recognition The Secretary may identify and publicly recognize States, local educational agencies, schools, programs, and individuals for exemplary performance. (e) Voluntary partnerships (1) In general Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, challenging State academic standards, and accountability systems required under this section. (2) Prohibition The Secretary shall be prohibited from requiring or coercing a State to enter into a voluntary partnership described in paragraph (1), including— (A) as a condition of approval of a State plan under this section; (B) as a condition of an award of Federal funds under any grant, contract, or cooperative agreement; (C) as a condition of approval of a waiver under section 9401; or (D) by providing any priority, preference, or special consideration during the application process under any grant, contract, or cooperative agreement. (f) Special rule with respect to bureau-funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of the Interior that receives funds under this part, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that— (A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part; (B) satisfies the requirements of this section; and (C) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the NAEP Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (3) State review and approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (B) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan meets the requirements of this part and enables children served under this part to meet the challenging State academic standards described in section 1111(b)(1). (4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Child Achieves Act of 2015 and shall remain in effect for the duration of the agency’s participation under this part. (5) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part. (6) Renewal A local educational agency that desires to continue participating in a program under this part shall submit a renewed plan on a periodic basis, as determined by the State. (b) Plan provisions To ensure that all children receive a high-quality education that prepares them for postsecondary education or the workforce without the need for postsecondary remediation, and to close the achievement gap between children meeting the challenging State academic standards and those who are not, each local educational agency plan shall describe— (1) how the local educational agency will work with each of the schools served by the agency so that students meet the challenging State academic standards by— (A) developing and implementing a comprehensive program of instruction to meet the academic needs of all students; (B) identifying quickly and effectively students who may be at risk for academic failure; (C) providing additional educational assistance to individual students determined as needing help in meeting the challenging State academic standards; (D) identifying significant gaps in student academic achievement and graduation rates between each of the categories of students, as defined in section 1111(b)(3)(A), and developing strategies to reduce such gaps in achievement and graduation rates; and (E) identifying and implementing evidence-based methods and instructional strategies intended to strengthen the academic program of the school and improve school climate; (2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, if applicable, especially for students not meeting the challenging State academic standards; (3) how the local educational agency will— (A) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; and (B) identify and address, as required under State plans as described in section 1111(c)(1)(F), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, and out-of-field teachers; (4) the actions the local educational agency will take to assist schools identified as in need of intervention and support under section 1114, including the lowest-performing schools in the local educational agency, and schools identified for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B), to improve student academic achievement, the funds used to conduct such actions, and how such agency will monitor such actions; (5) the poverty criteria that will be used to select school attendance areas under section 1113; (6) the programs to be conducted by such agency’s schools under section 1113, and where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (7) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(4)(A)(i); (8) the strategy the local educational agency will use to implement effective parent and family engagement under section 1115; (9) if applicable, how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, such as Head Start programs, the literacy program under part D of title II, State-funded preschool programs, and other community-based early childhood education programs, including plans for the transition of participants in such programs to local elementary school programs; (10) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, tribal, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Workforce Innovation and Opportunity Act, the McKinney-Vento Homeless Assistance Act, and the Education Sciences Reform Act of 2002, violence prevention programs, nutrition programs, and housing programs; (11) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1113, will identify the eligible children most in need of services under this part; (12) in the case of a local educational agency that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the local educational agency will provide such activities and services and coordinate them with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services; (13) how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths consistent with the requirements of the McKinney-Vento Homeless Assistance Act and the services the local educational agency will provide homeless children and youths; (14) how the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education; (15) how the local educational agency will address school discipline issues, which may include identifying and supporting schools with significant discipline disparities, or high rates of discipline, disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A), including by providing technical assistance on effective strategies to reduce such disparities and high rates; (16) how the local educational agency will address school climate issues, which may include identifying and improving performance on school climate indicators related to student achievement and providing technical assistance to schools; and (17) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will— (A) assist schools in identifying and serving gifted and talented students; and (B) encourage the offering of a variety of well-rounded education experiences to students. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1116, and timely and meaningful consultation with private school officials regarding such services; (3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; and (4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program. (d) Parents right-to-know (1) Teacher qualifications (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) The field of discipline of the certification of the teacher. (iv) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student— (i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and (ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. (2) Language instruction (A) Notice Each local educational agency using funds under this part or title III to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a child who is an English learner identified for participation or participating in such a program, of— (i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (iii) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (iv) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for children who are English learners, and the expected rate of graduation from high school (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools; (vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act; and (viii) information pertaining to parental rights that includes written guidance— (I) detailing the right that parents have to have their child immediately removed from such program upon their request; (II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (III) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). (C) Parental participation Each local educational agency receiving funds under this part and title III shall implement an effective means of outreach to parents of children who are English learners to inform the parents how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the challenging State academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part and title III. (D) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. (3) Notice and format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs (a) Eligible school attendance areas (1) Determination (A) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (B) Eligible school attendance areas In this part— (i) the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and (ii) the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole. (C) Ranking order (i) In general Except as provided in clause (ii), if funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (I) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and (II) serve such eligible school attendance areas in rank order. (ii) Rule of construction Nothing in this subparagraph shall be construed as requiring a local educational agency to reduce, in order to comply with clause (i), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the date of enactment of the Every Child Achieves Act of 2015 in order to provide funding under this part to high schools pursuant to clause (i). (D) Remaining funds If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall— (i) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (E) Measures (i) In general Except as provided in clause (ii), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program established under title XIX of the Social Security Act, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (I) to identify eligible school attendance areas; (II) to determine the ranking of each area; and (III) to determine allocations under paragraph (3). (ii) Secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— (I) the calculation described under clause (i); or (II) an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under clause (i) that feed into the secondary school to the number of students enrolled in such school. (F) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (G) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (i) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (ii) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. (2) Local educational agency discretion (A) In general Notwithstanding paragraph (1)(B), a local educational agency may— (i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (iii) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (I) the school meets the comparability requirements of section 1117(c); (II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and (III) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (B) Special rule Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (3) Allocations (A) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school. (B) Special rule (i) In general Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (ii) Exception A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section. (4) Reservation of funds (A) In general A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. (B) Homeless children and youth Funds reserved under subparagraph (A)(i) may be— (i) determined based on a needs assessment of homeless children and youths in the local educational agency, as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act; and (ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— (I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act; and (II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act. (5) Early childhood education A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children. (b) Schoolwide programs and targeted assistance schools (1) In general For each school that will receive funds under this part, the local educational agency shall determine whether the school shall operate a schoolwide program consistent with subsection (c) or a targeted assistance school program consistent with subsection (d). (2) Needs assessment The determination under paragraph (1) shall be— (A) based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards under section 1111(b)(1), particularly the needs of those children failing or are at-risk of failing to meet the challenging State academic standards and any other factors as determined by the local educational agency; and (B) conducted with the participation of individuals who would carry out the schoolwide plan, including those individuals under subsection (c)(2)(B). (3) Coordination The needs assessment under paragraph (2) may be undertaken as part of other related needs assessments under this Act. (c) Schoolwide programs (1) In general (A) Eligibility A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Exception A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if— (i) the local educational agency in which the school is located allows such school to do so; and (ii) the results of the comprehensive needs assessment conducted under subsection (b)(2) determine a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors. (2) Schoolwide program plan An eligible school operating a schoolwide program shall develop a comprehensive plan, in consultation with the local educational agency, tribes and tribal organizations present in the community, and other individuals as determined by the school, that— (A) is developed during a 1-year period, unless— (i) the local educational agency determines in consultation with the school that less time is needed to develop and implement the schoolwide program; or (ii) the school is operating a schoolwide program on the day before the date of enactment of the Every Child Achieves Act of 2015 , in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section; (B) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, and students; (C) remains in effect for the duration of the school’s participation under this part, except that the plan and the implementation of, and results achieved by, the schoolwide program shall be regularly monitored and revised as necessary to ensure students are meeting the challenging State academic standards; (D) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; (E) if appropriate and applicable, developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and interventions and supports for schools identified as in need of intervention and support under section 1114; and (F) includes a description of— (i) the results of the comprehensive needs assessments of the entire school required under subsection (b)(2); (ii) the strategies that the school will be implementing to address school needs, including a description of how such strategies will— (I) provide opportunities for all children, including each of the categories of students, as defined in section 1111(b)(3)(A), to meet the challenging State academic standards under section 1111(b)(1); (II) use evidence-based methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum; (III) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, which may include— (aa) counseling, specialized instructional support services, and mentoring services; (bb) preparation for and awareness of opportunities for postsecondary education and the workforce, including career and technical education programs; (cc) implementation of a schoolwide multi-tiered system of supports, including positive behavioral interventions and supports and early intervening services, including through coordination with such activities and services carried out under the Individuals with Disabilities Education Act; (dd) implementation of supports for teachers and other school personnel, which may include professional development and other activities to improve instruction, activities to recruit and retain effective teachers, particularly in high-need schools, and using data from academic assessments under section 1111(b)(2) and other formative and summative assessments to improve instruction; (ee) programs, activities, and courses in the core academic subjects to assist children in meeting the challenging State academic standards; and (ff) other strategies to improve student’s academic and nonacademic skills essential for success; and (IV) be monitored and improved over time based on student needs, including increased supports for those students who are lowest-achieving; (iii) if programs are consolidated, a list of State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and (iv) if appropriate, how funds will be used to establish or enhance early childhood education programs for children who are aged 5 or younger, including how programs will help transition such children to local elementary school programs. (3) Identification of students not required (A) In general No school participating in a schoolwide program shall be required to identify— (i) particular children under this part as eligible to participate in a schoolwide program; or (ii) individual services as supplementary. (B) Supplemental funds In accordance with the method of determination described in section 1117, a school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. (4) Exemption from statutory and regulatory requirements (A) Exemption The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1117), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (C) Records A school that chooses to consolidate and use funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (5) Preschool programs A school that operates a schoolwide program under this subsection may use funds made available under this part to establish, expand, or enhance preschool programs for children aged 5 or younger. (d) Targeted assistance school programs (1) In general Each school selected to receive funds under subsection (a)(3) for which the local educational agency serving such school, based on the results of the comprehensive needs assessment conducted under subsection (b)(2), determines the school shall operate a targeted assistance school program, may use funds received under this part only for programs that provide services to eligible children under paragraph (3) who are identified as having the greatest need for special assistance. (2) Targeted assistance school program Each school operating a targeted assistance school program shall develop a plan, in consultation with the local educational agency and other individuals as determined by the school, that includes— (A) a description of the results of the comprehensive needs assessments of the entire school required under subsection (b)(2); (B) a description of the process for determining which students will be served and the students to be served; (C) a description of how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school; (D) a description of how the program will serve participating students identified under subparagraph (B), including by— (i) using resources under this part, such as support for programs, activities, and courses in core academic subjects to help participating children meet the challenging State academic standards; (ii) using methods and instructional strategies that are evidence-based to strengthen the core academic program of the school and that may include— (I) expanded learning time, before- and after-school programs, and summer programs and opportunities; or (II) a multi-tiered system of supports, positive behavioral interventions and supports, and early intervening services; (iii) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under part D of title II, or State-run preschool programs to elementary school programs; (iv) supporting effective teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with participating children in programs under this subsection or in the regular education program with resources provided under this part, and, to the extent practicable, from other sources, through professional development; (v) implementing strategies to increase parental involvement of parents of participating children in accordance with section 1115; and (vi) if applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education, and intervention and supports in schools identified as in need of intervention and support under section 1114; and (E) assurances that the school will— (i) help provide an accelerated, high-quality curriculum; (ii) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and (iii) on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards. (3) Eligible children (A) Eligible population (i) In general The eligible population for services under this subsection shall be— (I) children not older than age 21 who are entitled to a free public education through grade 12; and (II) children who are not yet at a grade level at which the local educational agency provides a free public education. (ii) Eligible children from eligible population From the population described in clause (i), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school. (B) Children included (i) In general Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English learners, are eligible for services under this subsection on the same basis as other children selected to receive services under this subsection. (ii) Head start and preschool children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, the literacy program under part D of title II, or in preschool services under this title, is eligible for services under this subsection. (iii) Migrant children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this subsection. (iv) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this subsection. (v) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this subsection. (C) Special rule Funds received under this subsection may not be used to provide services that are otherwise required by law to be made available to children described in subparagraph (B) but may be used to coordinate or supplement such services. (4) Integration of professional development To promote the integration of staff supported with funds under this subsection into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this subsection may— (A) participate in general professional development and school planning activities; and (B) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (5) Special rules (A) Simultaneous service Nothing in this subsection shall be construed to prohibit a school from serving students under this subsection simultaneously with students with similar educational needs, in the same educational settings where appropriate. (B) Comprehensive services If health, nutrition, and other social services are not otherwise available to eligible children in a school operating a targeted assistance school program and such school, if appropriate, has established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this subsection may be used to provide such services, including through— (i) the provision of basic medical equipment and services, such as eyeglasses and hearing aids; (ii) compensation of a coordinator; (iii) family support and engagement services; (iv) health care services and integrated student supports to address the physical, mental, and emotional well-being of children; and (v) professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. (e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment under subsection (b)(2) or a plan under subsection (c) or (d) for review or approval by the Secretary. 1114. School identification, interventions, and supports (a) State review and responsibilities (1) In general Each State educational agency receiving funds under this part shall use the system designed by the State under section 1111(b)(3) to annually— (A) identify the public schools that receive funds under this part and are in need of intervention and support using the method established by the State in section 1111(b)(3)(B)(iii); (B) require for inclusion— (i) on each local educational agency report card required under section 1111(d), the names of schools served by the agency identified under subparagraph (A); and (ii) on each school report card required under section 1111(d), whether the school was identified under subparagraph (A); (C) ensure that all public schools that receive funds under this part and are identified as in need of intervention and support under subparagraph (A), implement an evidence-based intervention or support strategy designed by the State or local educational agency described in subparagraph (A) or (B) of subsection (b)(3); (D) prioritize intervention and supports in the identified schools most in need of intervention and support, as determined by the State, using the results of the accountability system under 1111(b)(3)(B)(iii); and (E) monitor and evaluate the implementation of school intervention and support strategies by local educational agencies, including in the lowest-performing elementary schools and secondary schools in the State, and use the results of the evaluation to take appropriate steps to change or improve interventions or support strategies as necessary. (2) State educational agency responsibilities The State educational agency shall— (A) make technical assistance available to local educational agencies that serve schools identified as in need of intervention and support under paragraph (1)(A); (B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law to assist the local educational agency and ensure that such local educational agency is carrying out its responsibilities; (C) inform local educational agencies of schools identified as in need of intervention and support under paragraph (1)(A) in a timely and easily accessible manner that is before the beginning of the school year; and (D) publicize and disseminate to the public, including teachers, principals and other school leaders, and parents, the results of the State review under paragraph (1). (b) Local educational agency review and responsibilities (1) In general Each local educational agency with a school identified as in need of intervention and support under subsection (a)(1)(A) shall, in consultation with teachers, principals and other school leaders, school personnel, parents, and community members— (A) conduct a review of such school, including by examining the indicators and measures included in the State-determined accountability system described in section 1111(b)(3)(B) to determine the factors that led to such identification; (B) conduct a review of the policies, procedures, personnel decisions, and budgetary decisions of the local educational agency, including the measures on the local educational agency and school report cards under section 1111(d) that impact the school and could have contributed to the identification of the school; (C) develop and implement appropriate intervention and support strategies, as described in paragraph (3), that are proportional to the identified needs of the school, for assisting the identified school; (D) develop a rigorous comprehensive plan that will be publicly available and provided to parents, for ensuring the successful implementation of the intervention and support strategies described in paragraph (3) in identified schools, which may include— (i) technical assistance that will be provided to the school; (ii) improved delivery of services to be provided by the local educational agency; (iii) increased support for stronger curriculum, program of instruction, wraparound services, or other resources provided to students in the school; (iv) any changes to personnel necessary to improve educational opportunities for children in the school; (v) redesigning how time for student learning or teacher collaboration is used within the school; (vi) using data to inform instruction for continuous improvement; (vii) providing increased coaching or support for principals and other school leaders and teachers; (viii) improving school climate and safety; (ix) providing ongoing mechanisms for family and community engagement to improve student learning; and (x) establishing partnerships with entities, including private entities with a demonstrated record of improving student achievement, that will assist the local educational agency in fulfilling its responsibilities under this section; and (E) collect and use data on an ongoing basis to monitor the results of the intervention and support strategies and adjust such strategies as necessary during implementation in order to improve student academic achievement. (2) Notice to parents A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) in an easily accessible and understandable form and, to the extent practicable, in a language that parents can understand— (A) an explanation of what the identification means, and how the school compares in terms of academic achievement and other measures in the State accountability system under section 1111(b)(3)(B) to other schools served by the local educational agency and the State educational agency involved; (B) the reasons for the identification; (C) an explanation of what the local educational agency or State educational agency is doing to help the school address student academic achievement and other measures, including a description of the intervention and support strategies developed under paragraph (1)(C) that will be implemented in the school; (D) an explanation of how the parents can become involved in addressing academic achievement and other measures that caused the school to be identified; and (E) an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable. (3) School intervention and support strategies (A) In general Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop and implement evidence-based intervention and support strategies for an identified school that the local educational agency determines appropriate to address the needs of students in such identified school, which shall— (i) be designed to address the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1); (ii) be implemented, at a minimum, in a manner that is proportional to the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1); and (iii) distinguish between the lowest-performing schools and other schools identified as in need of intervention and support for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B)(i), as determined by the review in subparagraphs (A) and (B) of paragraph (1). (B) State determined strategies Consistent with State law, a State educational agency may establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified as in need of intervention and support under subsection (a)(1)(A), in addition to the assistance strategies developed by a local educational agency under subparagraph (A). (4) Public school choice (A) In general A local educational agency may provide all students enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. (B) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (C) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (D) Special rule A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school. (E) Funding for transportation A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer. (5) Prohibitions on federal interference with state and local decisions Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes— (A) any school intervention or support strategy that States or local educational agencies shall use to assist schools identified as in need of intervention and support under this section; or (B) the weight of any indicator or measure that a State shall use to identify schools under subsection (a). (c) Funds for local school interventions and supports (1) In general (A) Grants authorized From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall award grants to States and the Bureau of Indian Education of the Department of the Interior, through an allotment as determined under subparagraph (B), to carry out the activities described in this subsection. (B) Allotments From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall allot to each State, the Bureau of Indian Education of the Department of the Interior, and each outlying area for such fiscal year with an approved application, an amount that bears the same relationship to such total amount as the amount such State, the Bureau of Indian Education of the Department of the Interior, or such outlying area received under parts A, C, and D of this title for the most recent preceding fiscal year for which the data are available bears to the amount received by all such States, the Bureau of Indian Education of the Department of the Interior, and all such outlying areas under parts A, C, and D of this title for such most recent preceding fiscal year. (2) State application A State that desires to receive school improvement funds under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include a description of— (A) the process and the criteria that the State will use to award subgrants under paragraph (4)(A), including how the subgrants will serve schools identified by the State as the lowest–performing schools under subsection (a)(1); (B) the process and the criteria the State will use to determine whether the local educational agency’s proposal for serving each identified school meets the requirements of paragraph (6) and other provisions of this section; (C) how the State will ensure that local educational agencies conduct a comprehensive review of each identified school as required under subsection (b) to identify evidence-based school intervention and support strategies that are likely to be successful in each particular school; (D) how the State will ensure geographic diversity in making subgrants; (E) how the State will set priorities in awarding subgrants to local educational agencies, including how the State will prioritize local educational agencies serving elementary schools and secondary schools identified as the lowest–performing schools under subsection (a)(1) that will use subgrants to serve such schools; (F) how the State will monitor and evaluate the implementation of evidence-based school intervention and support strategies supported by funds under this subsection; and (G) how the State will reduce barriers for schools in the implementation of school intervention and support strategies, including by providing operational flexibility that would enable complete implementation of the selected school improvement strategy. (3) State administration; technical assistance; exception (A) In general A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection to carry out its responsibilities under subsection (a)(2) to support school and local educational agency interventions and supports, which may include activities aimed at building State capacity to support and monitor the local educational agency and school intervention and supports. (B) Exception Notwithstanding subparagraph (A), a State educational agency may reserve from the amount allotted under this subsection additional funds to meet its responsibilities under subsection (a)(2)(B) if a local educational agency fails to carry out its responsibilities under subsection (b), but shall not reserve more than necessary to meet such State responsibilities. (4) Subgrants to local educational agencies (A) In general From the amounts awarded to a State under this subsection, the State educational agency shall allocate not less than 95 percent to make subgrants to local educational agencies, on a competitive basis, to serve schools identified as in need of intervention and support under subsection (a)(1)(A). (B) Duration The State educational agency shall award subgrants under this paragraph for a period of not more than 5 years, which period may include a planning year. (C) Criteria Subgrants awarded under this section shall be of sufficient size to enable a local educational agency to effectively implement the selected intervention and support strategy. (D) Rule of construction Nothing in this subsection shall be construed as prohibiting a State from allocating subgrants under this subsection to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools identified as in need of intervention and support under this section, if such entities are legally constituted or recognized as local educational agencies in the State. (5) Application In order to receive a subgrant under this subsection, a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum— (A) a description of the process the local educational agency has used for selecting an appropriate evidence-based school intervention and support strategy for each school to be served, including how the local educational agency has analyzed the needs of each such school in accordance with subsection (b)(1) and meaningfully consulted with teachers, principals, and other school leaders in selecting such intervention and support strategy; (B) the specific evidence-based school interventions and supports to be used in each school to be served, how these interventions and supports will address the needs identified in the review under subsection (b)(1), and the timeline for implementing such school interventions and supports in each school to be served; (C) a detailed budget covering the grant period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school intervention and support strategy; (D) a description of how the local educational agency will— (i) design and implement the selected school intervention and support strategy, in accordance with the requirements under subsection (b)(1)(C), including the use of appropriate measures to monitor the effectiveness of implementation; (ii) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner; (iii) align other Federal, State, and local resources with the intervention and support strategy to reduce duplication, increase efficiency, and assist identified schools in complying with reporting requirements of Federal and State programs; (iv) modify practices and policies, if necessary, to provide operational flexibility that enables full and effective implementation of the selected school intervention and support strategy; (v) collect and use data on an ongoing basis to adjust the intervention and support strategy during implementation, and if necessary, modify or implement a different strategy if implementation is not effective, in order to improve student academic achievement; (vi) ensure that the implementation of the intervention and support strategy meets the needs of each of the categories of students, as defined in section 1111(b)(3)(A); (vii) provide information to parents, guardians, teachers, and other stakeholders about the effectiveness of implementation, to the extent practicable, in a language that the parents can understand; and (viii) sustain successful reforms and practices after the funding period ends; (E) a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school intervention and support strategies in identified schools, in accordance with subsection (b)(1)(D), such as ensuring identified schools have access to resources like facilities, professional development, and technology and adopting human resource policies that prioritize recruitment, retention, and placement of effective staff in identified schools; and (F) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this subsection. (6) Local activities A local educational agency that receives a subgrant under this subsection— (A) shall use the subgrant funds to implement evidence-based school intervention and support strategies in schools identified as in need of intervention and support under subsection (a)(1)(A); and (B) may use the subgrant funds to carry out, at the local educational agency level, activities that directly support the implementation of the intervention and support strategies such as— (i) assistance in data collection and analysis; (ii) recruiting and retaining staff; (iii) high–quality, evidence–based professional development; (iv) coordination of services to address students’ non–academic needs; and (v) progress monitoring. (7) Reporting A State that receives funds under this subsection shall report to the Secretary a list of all the local educational agencies that received a subgrant under this subsection and for each local educational agency that received a subgrant, a list of all the schools that were served, the amount of funds each school received, and the intervention and support strategies implemented in each school. (8) Supplement not supplant A local educational agency or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs funded under this subsection. (d) Rule of construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. ; (2) by striking section 1119; and (3) by redesignating sections 1118, 1120, 1120A, and 1120B as sections 1115, 1116, 1117, and 1118, respectively. 1005. Parent and family engagement Section 1115, as redesignated by section 1004(3), is amended— (1) in the section heading, by striking Parental involvement and inserting Parent and family engagement ; (2) in subsection (a)— (A) in paragraph (1)— (i) by inserting conducts outreach to all parents and family members and after only if such agency ; and (ii) by inserting and family members after and procedures for the involvement of parents ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting and family members after , and distribute to, parents ; (II) by striking written parent involvement policy and inserting written parent and family engagement policy ; and (III) by striking expectations for parent involvement and inserting expectations and objectives for meaningful parent and family involvement ; and (ii) by striking subparagraphs (A) through (F) and inserting the following: (A) involve parents and family members in jointly developing the local educational agency plan under section 1112 and the process of school review and intervention and support under section 1114; (B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education; (C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs; (D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying— (i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, are English learners, have limited literacy, or are of any racial or ethnic minority background); (ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and (iii) strategies to support successful school and family interactions; (E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and (F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy. ; and (C) in paragraph (3)— (i) in subparagraph (A), by striking to carry out this section, including promoting family literacy and parenting skills, and insert to assist schools to carry out the activities described in this section, ; (ii) in subparagraph (B), by striking (B) Parental input .—Parents of children and inserting (B) Parent and family member input .—Parents and family members of children ; (iii) in subparagraph (C)— (I) by striking 95 percent and inserting 85 percent ; and (II) by inserting , with priority given to high–need schools after schools served under this part ; and (iv) by adding at the end the following: (D) Use of funds Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following: (i) Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members. (ii) Supporting home visitation programs. (iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members. (iv) Collaborating or providing subgrants to schools to enable such schools to collaborate with community-based or other organizations or employers with a demonstrated track record of success in improving and increasing parent and family engagement. (v) Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy, which may include adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act. ; (3) in subsection (b)— (A) in the subsection heading, by striking Parental involvement policy and inserting Parental and family engagement policy ; (B) in paragraph (1)— (i) by inserting and family members after distribute to, parents ; and (ii) by striking written parental involvement policy and inserting written parent and family engagement policy ; (C) in paragraph (2)— (i) by striking parental involvement policy and inserting parent and family engagement policy ; and (ii) by inserting and family members after that applies to all parents ; and (D) in paragraph (3)— (i) by striking school district-level parental involvement policy and inserting district-level parent and family engagement policy ; and (ii) by inserting and family members in all schools served by the local educational agency after policy that applies to all parents ; (4) in subsection (c)— (A) in paragraph (3), by striking parental involvement policy and inserting parent and family engagement policy ; (B) in paragraph (4)(B), by striking the proficiency levels students are expected to meet and inserting the achievement levels of the challenging State academic standards ; and (C) in paragraph (5), by striking section 1114(b)(2) and inserting section 1113(c)(2) ; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking parental involvement policy and inserting parent and family engagement policy ; (B) in paragraph (1)— (i) by striking the State’s student academic achievement standards and inserting the challenging State academic standards ; and (ii) by striking , such as monitoring attendance, homework completion, and television watching ; and (C) in paragraph (2)— (i) in subparagraph (B), by striking and after the semicolon; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) ensuring regular two-way, meaningful communication between family members and school staff, to the extent practicable, in a language that family members can understand and access. ; (6) in subsection (e)— (A) in paragraph (1), by striking the State’s academic content standards and State student academic achievement standards and inserting the challenging State academic standards ; (B) in paragraph (3), by striking pupil services personnel, principals and inserting specialized instructional support personnel, principals, and other school leaders ; and (C) in paragraph (4), by striking Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and inserting other relevant Federal, State, and local laws, ; (7) by striking subsection (f) and inserting the following: (f) Accessibility In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members who are English learners, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand. ; and (8) in subsection (h), by striking parental involvement policies and inserting parent and family engagement policies . 1006. Participation of children enrolled in private schools Section 1116, as redesignated by section 1004(3), is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking section 1115(b) and inserting section 1113(d)(3) ; and (ii) by striking sections 1118 and 1119 and inserting section 1115 ; and (B) by striking paragraph (4) and inserting the following: (4) Expenditures (A) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools. (B) Term of determination The local educational agency may determine the equitable share each year or every 2 years. (C) Method of determination The proportional share of funds shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency. ; and (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (E)— (I) by striking and before the proportion of funds ; and (II) by inserting , and how that proportion of funds is determined after such services ; (ii) in subparagraph (F), by striking section 1113(c)(1) and inserting section 1113(a)(3) ; (iii) in subparagraph (G), by striking and after the semicolon; (iv) in subparagraph (H), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (I) whether the agency shall provide services directly or assign responsibility for the provision of services to a separate government agency, consortium, or entity, or to a third-party contractor. ; and (B) in paragraph (5)(A)— (i) by striking or before did not give due consideration ; and (ii) by inserting , or did not make a decision that treats the private school students equitably as required by this section before the period at the end. 1007. Supplement, not supplant Section 1117, as redesignated by section 1004(3), is amended by striking subsection (b) and inserting the following: (b) Federal funds to supplement, not supplant, non-Federal funds (1) In general A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this part, and not to supplant such funds. (2) Compliance To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part. (3) Special rule No local educational agency shall be required to— (A) identify that an individual cost or service supported under this part is supplemental; and (B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1). (4) Prohibition Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part. (5) Timeline A local educational agency— (A) shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Child Achieves Act of 2015 ; and (B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Child Achieves Act of 2015 . . 1008. Coordination requirements Section 1118, as redesignated by section 1004(3), is amended— (1) in subsection (a), by striking early childhood development programs such as the Early Reading First program and inserting , early childhood education programs, including by developing agreements with such Head Start agencies and other entities to carry out such activities ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking early childhood development programs, such as the Early Reading First program, and inserting early childhood education programs ; (B) in paragraph (1), by striking early childhood development program such as the Early Reading First program and inserting early childhood education program ; (C) in paragraph (2), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs ; (D) in paragraph (3), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs ; (E) in paragraph (4)— (i) by striking Early Reading First program staff, ; and (ii) by striking early childhood development program and inserting early childhood education program ; (F) in paragraph (5), by striking and entities carrying out Early Reading First programs . 1009. Grants for the outlying areas and the Secretary of the Interior Section 1121(b)(3)(C)(ii) ( 20 U.S.C. 6331(b)(3)(C)(ii) ) is amended by striking challenging State academic content standards and inserting challenging State academic standards . 1010. Allocations to states Section 1122(a) ( 20 U.S.C. 6332(a) ) is amended by striking for each of fiscal years 2002–2007 and inserting for each of fiscal years 2016 through 2021 . 1011. Maintenance of effort Section 1125A ( 20 U.S.C. 6337 ) is amended— (1) in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (2) in subsection (d)(1)(A)(ii), by striking clause “(i) and inserting clause (i) ; (3) by striking subsection (e) and inserting the following: (e) Maintenance of effort (1) In general A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State's fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2). (2) Reduction in case of failure to meet (A) In general The Secretary shall reduce the amount of the allotment of funds under this section in any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. (B) Special rule No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) Waiver The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— (A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (B) a precipitous decline in the financial resources of the State. ; (4) in subsection (f), by striking fiscal year 2002 and inserting fiscal year 2016 ; and (5) in subsection (g)(3), in the matter preceding subparagraph (A), by striking shall be and inserting shall be— . 1012. Academic assessments Part B of title I ( 20 U.S.C. 6361 et seq. ) is amended to read as follows: B Academic assessments 1201. Grants for state assessments and related activities From amounts made available in accordance with section 1204, the Secretary shall make grants to States to enable the States to carry out 1 or more of the following: (1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State. (2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following: (A) Expanding the range of appropriate accommodations available to children who are English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice. (B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b). (C) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(G). (D) Ensuring the continued validity and reliability of State assessments. (E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials. (F) Developing or improving the quality, validity, and reliability of assessments for children who are English learners, including alternative assessments aligned with the challenging State academic standards, testing accommodations for children who are English learners, and assessments of English language proficiency. (G) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments. 1202. Grants for enhanced assessment instruments (a) Grant program authorized From amounts made available in accordance with section 1204, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted applications at such time, in such manner, and containing such information as the Secretary may reasonably require, which demonstrate, to the satisfaction of the Secretary, that the requirements of this section will be met, for one of more of the following: (1) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2). (2) Developing or improving assessments for students who are children with disabilities, including using the principles of universal design for learning, which may include developing assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D). (3) Measuring student progress or academic growth over time, including by using multiple measures. (4) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments that emphasize the mastery of standards and aligned competencies in a competency-based education model, technology-based academic assessments, computer adaptive assessments, and portfolios, projects, or extended performance task assessments. (b) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities under the grant and the result of such activities. (c) Prohibition No funds provided under this section to the Secretary shall be used to mandate, direct, control, incentivize, or make financial awards conditioned upon States (or a consortia of States) developing any assessment common to a number of States, including testing activities prohibited under section 9529. 1203. Audits of assessment systems (a) In general From the amount reserved under section 1204(b)(1)(C) for a fiscal year, the Secretary shall make grants, from allotments in accordance with subsection (b), to States to enable the States to— (1) in the case of a grant awarded under this section to a State for the first time— (A) carry out audits of State assessment systems and ensure that local educational agencies carry out audits of local assessments under subsection (e)(1); (B) prepare and carry out the State plan under subsection (e)(6); and (C) award subgrants under subsection (f); and (2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— (A) carry out the State plan under subsection (e)(6); and (B) award subgrants under subsection (f). (b) Minimum amount Each State with an approved application shall receive a grant amount of not less than $1,500,000 per fiscal year. (c) Reallocation If a State chooses not to apply to receive a grant under this subsection, or if such State’s application under subsection (d) is disapproved by the Secretary, the Secretary shall reallocate such grant amount to other States with approved applications. (d) Application A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Audits of state assessment systems and local assessments (1) Audit requirements Not later than 1 year after a State receives a grant under this section for the first time, the State shall— (A) conduct an audit of the State assessment system; (B) ensure that each local educational agency under the State’s jurisdiction and receiving funds under this Act— (i) conducts an audit of each local assessment administered by the local educational agency; and (ii) submits the results of such audit to the State; and (C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is— (i) publicly available, such as a widely accessible online platform; and (ii) with appropriate accessibility provisions for children with disabilities and English learners. (2) Resources for local educational agencies In carrying out paragraph (1)(B), each State shall develop and provide local educational agencies with resources, such as guidelines and protocols, to assist the agencies in conducting and reporting the results of the audit required under such paragraph. (3) State assessment system description An audit of a State assessment system conducted under paragraph (1) shall include a description of each State assessment carried out in the State, including— (A) the grade and subject matter assessed; (B) whether the assessment is required under section 1111(b)(2) or allowed under section 1111(b)(2)(D); (C) the annual cost to the State educational agency involved in developing, purchasing, administering, and scoring the assessment; (D) the purpose for which the assessment was designed and the purpose for which the assessment is used, including assessments designed to contribute to systems of improvement of teaching and learning; (E) the time for disseminating assessment results; (F) a description of how the assessment is aligned with the challenging State academic standards under section 1111(b)(1); (G) a description of any State law or regulation that established the requirement for the assessment; (H) the schedule and calendar for all State assessments given; and (I) a description of the State’s policies for inclusion of English learners and children with disabilities participating in assessments, including developing and promoting the use of appropriate accommodations. (4) Local assessment description An audit of a local assessment conducted under paragraph (1) shall include a description of the local assessment carried out by the local educational agency, including— (A) the descriptions listed in subparagraphs (A), (D), and (E) of paragraph (3); (B) the annual cost to the local educational agency of developing, purchasing, administering, and scoring the assessment; (C) the extent to which the assessment is aligned to the challenging State academic standards under section 1111(b)(1); (D) a description of any State or local law or regulation that establishes the requirement for the assessment; and (E) in the case of a summative assessment that is used for accountability purposes, whether the assessment is valid and reliable and consistent with nationally recognized professional and technical standards. (5) Stakeholder feedback Each audit of a State assessment system or local assessment system conducted under subparagraph (A) or (B) of paragraph (1) shall include feedback on such system from education stakeholders, which shall cover information such as— (A) how educators, school leaders, and administrators use assessment data to improve and differentiate instruction; (B) the timing of release of assessment data; (C) the extent to which assessment data is presented in an accessible and understandable format for educators, school leaders, parents, students (if appropriate), and the community; (D) the opportunities, resources, and training educators and administrators are given to review assessment results and make effective use of assessment data; (E) the distribution of technological resources and personnel necessary to administer assessments; (F) the amount of time educators spend on assessment preparation; (G) the assessments that administrators, educators, parents, and students, if appropriate, do and do not find useful; (H) the amount of time students spend taking the assessments; and (I) other information as appropriate. (6) State plan on audit findings (A) Preparing the state plan Not later than 6 months after a State conducts an audit under paragraph (1) and based on the results of such audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary, a plan to improve and streamline State assessment systems and local assessment systems, including through activities such as— (i) eliminating any assessments that are not required by section 1111(b)(2) (such as by buying out the remainder of procurement contracts with assessment developers) and that— (I) are low-quality; (II) are not aligned to the challenging State academic standards under section 1111(b)(1)); (III) in the case of summative assessments used for accountability purposes, are not valid or reliable and are inconsistent with nationally recognized professional and technical standards; (IV) do not contribute to systems of improvement for teaching and learning; or (V) are redundant; (ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; (iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implementing a regular process of review and evaluation of assessment use in local educational agencies; (iv) disseminating the assessment data in an accessible and understandable format for educators, parents, and families; and (v) decreasing time between administering such State assessments and releasing assessment data. (B) Carry out the state plan A State shall carry out a State plan as soon as practicable after the State prepares such State plan under subparagraph (A) and during each grant period of a grant described in subsection (a)(2) that is awarded to the State. (f) Subgrants to local educational agencies (1) In general From the amount awarded to a State under this section, the State shall reserve not less than 20 percent of funds to make subgrants to local educational agencies in the State, or consortia of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application to improve assessment quality, use, and alignment with the challenging State academic standards under section 1111(b)(1). (2) Local educational agency application Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined by the State. The application shall include a description of the agency’s or consortium’s needs to improve assessment quality, use, and alignment (as described in paragraph (1)). (3) Use of funds A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to— (A) conduct an audit of local assessments under subsection (e)(1)(B); (B) eliminate any assessments identified for elimination by such audit, such as by buying out the remainder of procurement contracts with assessment developers; (C) disseminate the best practices described in subsection (e)(6)(A)(ii); (D) improve the capacity of school leaders and educators to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities or English learners; (E) improve assessment delivery systems and schedules, including by increasing access to technology and exam proctors, where appropriate; (F) hire instructional coaches, or promote educators who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and design instruction; and (G) provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments. (g) Definitions In this section: (1) Local assessment The term local assessment means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required by section 1111(b)(2). (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 1204. Funding (a) National assessment of educational progress For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal years 2016 through 2021. (b) Allotment of appropriated funds (1) From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(H), the Secretary shall— (A) reserve ½ of 1 percent for the Bureau of Indian Education; (B) reserve ½ of 1 percent for the outlying areas; (C) reserve not more than 20 percent to carry out section 1203; and (D) from the remainder, allocate to each State for section 1201 an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Remainder Any amounts made available for a fiscal year under subsection 1002(b) that are remaining after the Secretary carries out paragraph (1) shall be made available as follows: (A) (i) To award funds under section 1202 to States selected for such grants, according to the quality, needs, and scope of the State application under that section. (ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant shall include an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (c) State defined In this section, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 1205. Innovative assessment and accountability demonstration authority (a) Innovative assessment system defined The term innovative assessment system means a system of assessments that may include— (1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and (2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs. (b) Demonstration authority (1) In general The Secretary may provide a State educational agency, in accordance with paragraph (3), with the authority to establish an innovative assessment system. (2) Demonstration period Each authorization of demonstration authority under this section shall be for a period of 3 years. (3) Initial demonstration authority; expansion (A) Initial period During the initial 3-year period of demonstration authority under this section, the Secretary shall provide 5 State educational agencies, subject to meeting the application requirements in subsection (c), with the authority described in paragraph (1). (B) Expansion of demonstration authority After the end of the initial demonstration period described in subparagraph (A), the Secretary may provide additional State educational agencies with demonstration authority described in paragraph (1), if the Secretary determines that overall the innovative assessment systems have— (i) demonstrated progress for all students, including at-risk students, through such measures as— (I) increasing student achievement and improving academic outcomes; (II) increasing graduation rates for high schools; (III) increasing retention rates of students in school; or (IV) decreasing rates of remediation for students; (ii) been developed in accordance with the requirements of subsection (c), including substantial evidence that such system meets such requirements; and (iii) demonstrated that the same system of assessments was used to measure the achievement of all students that participated in the demonstration authority, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system. (c) Application A State educational agency that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include a description of the innovative assessment system. In addition, the application shall include the following: (1) A demonstration that the innovative assessment system will— (A) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section; (B) be aligned to the standards under section 1111(b)(1) and address the depth and breadth of the challenging State academic standards under such section; (C) express student results or student competencies in terms consistent with the State aligned academic achievement standards; (D) be able to generate comparable, valid, and reliable results for all students and for each category of students described in section 1111(b)(2)(B)(xi), compared to the results for such students on the State assessments under section 1111(b)(2); (E) be developed in collaboration with stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children, educators, including teachers, principals, and other school leaders, local educational agencies, and civil rights organizations in the State; (F) be accessible to all students, such as by incorporating the principles of universal design for learning; (G) provide educators, students, and parents with timely data, disaggregated by each category of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports; (H) be able to identify which students are not making progress toward the State’s academic achievement standards so that educators can provide instructional support and targeted intervention to all students to ensure every student is making progress; (I) measure the annual progress of not less than 95 percent of all students and students in each of the categories of students, as defined in section 1111(b)(3)(A), who are enrolled in each school that is participating in the innovative assessment system and are required to take assessments; (J) generate an annual, summative achievement determination based on annual data for each individual student based on the challenging State academic standards under section 1111(b)(1) and be able to validly and reliably aggregate data from the innovative assessment system for purposes of accountability, consistent with the requirements of section 1111(b)(3), and reporting, consistent with the requirements of section 1111(d); and (K) continue use of the high-quality statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration. (2) A description of how the State educational agency will— (A) identify the distinct purposes for each assessment that is part of the innovative assessment system; (B) provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection; (C) inform parents of students in participating local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented; (D) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability; (E) acclimate students to the innovative assessment system; (F) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D); (G) if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide or with additional local educational agencies in the initial demonstration and 2-year renewal period, if applicable, including the timeline that explains the process for scaling to statewide implementation by either the end of the initial demonstration authority or the 2-year renewal period; (H) gather data, solicit regular feedback from educators and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and (I) report data from the innovative assessment system annually to the Secretary, including— (i) demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the initial demonstration or 2-year renewal period; (ii) performance of all participating students and for each category of students, as defined in section 1111(b)(3)(A), on the innovative assessment, consistent with the requirements in section 1111(d); and (iii) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system. (3) A description of the State educational agency’s plan to— (A) ensure that all students and each of the categories of students, as defined in section 1111(b)(3)(A)— (i) are held to the same high standard as other students in the State; and (ii) receive the instructional support needed to meet challenging State academic standards; (B) ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and (C) hold all participating schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s expectations for student achievement. (4) If the innovative assessment system will initially be administered in a subset of local educational agencies— (A) a description of the local educational agencies within the State educational agency that will participate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration period; (B) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; and (C) a demonstration that the participating local educational agencies, as a group, will be demographically similar to the State as a whole. (d) Peer review The Secretary shall— (1) implement a peer review process, which shall include a review team comprised of practitioners and experts who are knowledgeable about the assessment innovation being proposed for all students, including English learners and children with disabilities, to inform— (A) the awarding, renewal, and expansion of the demonstration authority under this section; and (B) determinations about whether the innovative assessment system— (i) is comparable, valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and (ii) provides an unbiased, rational, and consistent determination of progress toward annual goals for all students and schools; and (2) make publicly available the applications submitted under subsection (c) and the peer review comments and recommendations regarding such applications. (e) Renewal The Secretary may renew an authorization of demonstration authority under this subsection for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency’s innovative assessment system is continuing to meet the requirements of subsection (c). (f) Use of innovative assessment system A State may, during the initial 3-year demonstration period or 2-year renewal period, include results from the innovative assessment systems developed under this authority in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, those from the assessment system under section 1111(b)(2), provided the State demonstrates that the State has met the requirements in subsection (c). The State shall continue to meet all other requirements of section 1111(b)(3). (g) Authority withdrawn The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and any participating local educational agency or the State as a whole shall return to the statewide assessment system under section 1111(b)(2) if, at any point after the 3-year demonstration period described in subsection (b)(2) or 2-year renewal period described in subsection (e), the State educational agency cannot present to the Secretary a body of substantial evidence that the innovative assessment system developed under this section— (1) meets requirements of subsection (c); (2) includes all students attending schools participating in the demonstration authority, including each of the categories of students, as defined in section 1111(b)(3)(A), in the innovative assessment system demonstration; (3) provides an unbiased, rational, and consistent determination of progress toward annual goals for schools, which are comparable to determinations under section 1111(b)(3)(B)(iii) across the State in which the local educational agencies are located; (4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the initial demonstration period and 2-year renewal, if the innovative assessment system will initially be administered in a subset of local educational agencies; and (5) is equivalent to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality. (h) Transition (1) In general If, after the initial demonstration and renewal period, the State educational agency has met all the requirements of this section, such entity shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of paragraphs (2) and (3) of section 1111(b). (2) Waiver authority If, after the initial demonstration and renewal period, the State has met all of the requirements of this section, except transition to full statewide use for States that will initially administer an innovative assessment system in a subset of local educational agencies, and continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use in a reasonable period of time, the State may request, and the Secretary shall review such request, a delay of the withdrawal of authority under subsection (g) for the purpose of providing the State time necessary to implement the innovative assessment system statewide. (i) Available funds A State may use funds available under section 1201 to carry out this section. (j) Rule of construction A consortium of States may apply to participate in the program of demonstration authority under this section and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. . 1013. Education of migratory children Part C of title I ( 20 U.S.C. 6391 et seq. ) is amended— (1) in section 1301— (A) in paragraph (2), by striking State academic content and student academic achievement standards and inserting challenging State academic standards ; (B) in paragraph (4), by striking State academic content and student academic achievement standards and inserting State academic standards ; and (C) in paragraph (5), by inserting without the need for postsecondary remediation after employment ; (2) in section 1303— (A) by striking subsection (a) and inserting the following: (a) State allocations (1) Base amount (A) In general Except as provided in subsection (b) and subparagraph (B), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2003 and succeeding fiscal years, an amount equal to— (i) the amount that such State received under this part for fiscal year 2002; plus (ii) the amount allocated to the State under paragraph (2). (B) Nonparticipating states In the case of a State (other than the Commonwealth of Puerto Rico) that did not receive any funds for fiscal year 2002 under this part, the State shall receive, for fiscal year 2003 and succeeding fiscal years, an amount equal to— (i) the amount that such State would have received under this part for fiscal year 2002 if its application under section 1304 for the year had been approved; plus (ii) the amount allocated to the State under paragraph (2). (2) Allocation of additional amount For fiscal year 2003 and succeeding fiscal years, the amount (if any) by which the funds appropriated to carry out this part for the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto Rico) so that the State receives an amount equal to— (A) the sum of— (i) the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and (ii) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intercession programs provided by the State during such year; multiplied by (B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph may not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. ; (B) in subsection (c)— (i) in paragraph (1)— (I) by striking (A) If, after and inserting the following: (A) In general If, after ; and (II) in subparagraph (B)— (aa) by striking If additional and inserting Reallocation.— If additional ; and (bb) by moving the margins of such subparagraph 2 ems to the right; and (ii) in paragraph (2)— (I) by striking (A) The Secretary and inserting the following: (A) Further reductions The Secretary ; and (II) in subparagraph (B)— (aa) by striking The Secretary and inserting Reallocation.— The Secretary ; and (bb) by moving the margins of such subparagraph 2 ems to the right; and (C) in subsection (d)(3)(B), by striking welfare or educational attainment and inserting academic achievement ; and (D) in subsection (e)— (i) in the matter preceding paragraph (1), by striking estimated and inserting identified ; and (ii) by striking the Secretary shall and all that follows through the period at the end and inserting the Secretary shall use such information as the Secretary finds most accurately reflects the actual number of migratory children. ; (3) in section 1304— (A) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A)— (aa) by striking special educational needs and inserting unique educational needs ; and (bb) by inserting and out of school migratory children after including preschool migratory children ; (II) in subparagraph (B), by striking part A or B of title III and inserting part A of title III ; and (III) by striking subparagraph (D) and inserting the following: (D) measurable program objectives and outcomes; ; (ii) in paragraph (2), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; (iii) in paragraph (3), by striking , consistent with procedures the Secretary may require, ; (iv) in paragraph (5), by inserting and after the semicolon; (v) by striking paragraph (6); and (vi) by redesignating paragraph (7) as paragraph (6); (B) in subsection (c)— (i) in the matter preceding paragraph (1), by striking , satisfactory to the Secretary, ; (ii) in paragraph (2), by striking in a manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of section 1120A, and part I and inserting in a manner consistent with the objectives of section 1113(c), paragraphs (3) and (4) of section 1113(d), subsections (b) and (c) of section 1117, and part E ; (iii) in paragraph (3)— (I) in the matter before subparagraph (A), by striking parent advisory councils and inserting parents of migratory children, including parent advisory councils ; and (II) by striking section 1118 and inserting section 1115 ; (iv) in paragraph (4), by inserting and out of school migratory children after addressing the unmet educational needs of preschool migratory children ; (v) in paragraph (6)— (I) by striking to the extent feasible, ; (II) by striking subparagraph (C) and inserting the following: (C) evidence-based family literacy programs; ; and (III) in subparagraph (E), by inserting , without the need for postsecondary remediation after employment ; and (vi) in paragraph (7), by striking paragraphs (1)(A) and (2)(B)(i) of section 1303(a), through such procedures as the Secretary may require and inserting section 1303(a)(2)(A) ; (C) by striking subsection (d) and inserting the following: (d) Priority for services In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who— (1) are failing, or most at risk of failing, to meet the challenging State academic standards; or (2) have dropped out of school. ; and (D) in subsection (e)(3), by striking secondary school students and inserting students ; (4) in section 1305(a), by inserting , to the extent practicable, after shall ; (5) in section 1306— (A) in subsection (a)(1)— (i) by striking special both places the term appears and inserting unique ; (ii) in subparagraph (C), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and (iii) in subparagraph (F), by striking or B ; and (B) in subsection (b)(4)— (i) by striking special and inserting unique ; and (ii) by striking section 1114 each place the term appears and inserting section 1113(c) ; (6) in section 1307— (A) in the matter preceding paragraph (1), by striking nonprofit ; and (B) in paragraph (3), by striking welfare or educational attainment and inserting educational achievement ; (7) in section 1308— (A) in subsection (a)(1), by inserting through after including ; and (B) in subsection (b)— (i) in paragraph (1), by striking developing effective methods for ; (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) in the matter preceding clause (i), in the first sentence— (AA) by striking ensure the linkage of migrant student and inserting maintain a migratory ; (BB) by striking systems and inserting system ; (CC) by inserting within and before among the States ; and (DD) by striking all migratory students and inserting all migratory children eligible under this part ; (bb) in the matter preceding clause (i), by striking The Secretary shall ensure and all that follows through maintain. ; and (cc) in clause (ii), by striking required ; (II) by redesignating subparagraph (B) as subparagraph (C); (III) by inserting after subparagraph (A) the following: (B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— (i) the effectiveness of the system described in subparagraph (A); and (ii) the ongoing improvement of such system. ; and (IV) in subparagraph (C), as redesignated by subclause (II)— (aa) by striking the proposed data elements and inserting any new proposed data elements ; and (bb) by striking Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001. ; and (iii) by striking paragraph (4); (8) in section 1309— (A) in paragraph (1)(B), by striking nonprofit ; and (B) by striking paragraph (2) and inserting the following: (2) Migratory agricultural worker The term migratory agricultural worker means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought new employment and has a recent history of moves for agricultural employment. (3) Migratory child The term migratory child means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (4) Migratory fisher The term migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought new employment and has a recent history of moves for fishing work. (5) Qualifying move The term qualifying move means a move due to economic necessity— (A) from one residence to another residence; and (B) from one school district to another school district, except— (i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; (ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence to engage in a fishing activity; or (iii) in a case in which another exception applies, as defined by the Secretary. . 1014. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Part D of title I ( 20 U.S.C. 6421 et seq. ) is amended— (1) in section 1401(a)— (A) in paragraph (1)— (i) by inserting , tribal, after youth in local ; and (ii) by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and (B) in paragraph (3), by inserting and the involvement of their families and communities after to ensure their continued education ; (2) in section 1412(b), by striking paragraph (2) and inserting the following: (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. ; (3) in section 1414— (A) in subsection (a)— (i) in paragraph (1)(B), by striking from correctional facilities to locally operated programs and inserting between correctional facilities and locally operated programs ; and (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) by striking the program goals, objectives, and performance measures established by the State and inserting the program objectives and outcomes established by the State ; and (bb) by striking vocational and inserting career ; (II) in subparagraph (B), by striking and after the semicolon; and (III) in subparagraph (C)— (aa) in clause (i), by inserting and after the semicolon; (bb) by striking clause (ii) and redesignating clause (iii) as clause (ii); (cc) by striking clause (iv); and (dd) by adding at the end the following: (D) provide assurances that the State educational agency has established— (i) procedures to ensure the prompt re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such students earn during placement; and (ii) opportunities for such students to participate in higher education or career pathways. ; and (B) in subsection (c)— (i) in paragraph (1)— (I) by inserting and respond to after to assess ; and (II) by inserting and to the extent practicable, provide for an assessment upon entry into a correctional facility after to be served under this subpart ; (ii) in paragraph (6)— (I) by striking carry out the evaluation requirements of section 9601 and how and inserting use ; (II) by inserting under section 9601 after recent evaluation ; and (III) by striking will be used ; (iii) in paragraph (8), by striking vocational and inserting career ; (iv) in paragraph (9)— (I) by inserting and following after youth prior to ; and (II) by inserting and, to the extent practicable, to ensure that transition plans are in place after the local educational agency or alternative education program ; (v) in paragraph (11), by striking transition of children and youth from such facility or institution to and inserting transition of such children and youth between such facility or institution and ; (vi) in paragraph (16), by inserting and obtain a high school diploma after to encourage the children and youth to reenter school ; and (vii) in paragraph (17), by inserting certified or licensed after provides an assurance that ; (4) in section 1415— (A) in subsection (a)— (i) in paragraph (1)(B)— (I) by inserting , without the need for remediation, after transition to ; and (II) by striking vocational or technical training and inserting career and technical education ; and (ii) in paragraph (2)— (I) by striking subparagraph (A), and inserting: (A) may include— (i) the acquisition of equipment; and (ii) pay for success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; ; (II) in subparagraph (B)— (aa) in clause (i), by striking content standards and student academic achievement ; and (bb) in clause (iii)— (AA) by striking challenging State academic achievement standards and inserting challenging State academic standards ; and (BB) by inserting and after the semicolon; (III) in subparagraph (C)— (aa) by striking section 1120A and inserting section 1117 ; and (bb) by striking ; and and inserting a period; and (IV) by striking subparagraph (D); and (B) in subsection (b), by striking section 1120A and inserting section 1117 ; (5) in section 1416— (A) in paragraph (3)— (i) by striking challenging State academic content standards and student academic achievement standards and inserting challenging State academic standards ; and (ii) by striking complete secondary school, attain a secondary diploma and inserting attain a high school diploma ; (B) in paragraph (4)— (i) by striking pupil and inserting specialized instructional support ; and (ii) by inserting and, to the extent practicable, the development and implementation of transition plans after children and youth described in paragraph (1) ; and (C) in paragraph (6), by striking student progress and inserting and improve student achievement ; (6) in section 1418(a)— (A) by striking paragraph (1) and inserting the following: (1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or ; and (B) in paragraph (2)— (i) by striking vocational each place the term appears and inserting career ; and (ii) in the matter preceding subparagraph (A)— (I) by striking secondary and inserting high ; and (II) by inserting , without the need for remediation, after reentry ; (7) in section 1419, by striking for a fiscal year and all that follows through to provide and inserting for a fiscal year to provide ; (8) in section 1421— (A) in paragraph (1), by inserting , without the need for remediation, after youth ; and (B) in paragraph (3), by inserting , including schools operated or funded by the Bureau of Indian Education, after local schools ; (9) in section 1422(d)— (A) by inserting , and may include the nonacademic needs, after to meet the transitional and academic needs ; and (B) by striking impact on meeting the transitional and inserting impact on meeting such transitional ; (10) in section 1423— (A) in paragraph (2)(B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes after the juvenile justice system ; (B) by striking paragraph (4) and inserting the following: (4) a description of the activities that the local educational agency will carry out to facilitate the successful transition of children and youth in locally operated institutions for neglected and delinquent children and other correctional institutions into schools served by the local educational agency, or as appropriate, into career and technical education and postsecondary education programs; ; (C) in paragraph (8), by inserting and family members after will involve parents ; (D) in paragraph (9), by striking vocational and inserting career ; (E) by striking paragraph (11) and inserting the following: (11) as appropriate, a description of how the local educational agency and schools will address the educational needs of children and youth who return from institutions for neglected and delinquent children and youth or from correctional institutions and attend regular or alternative schools; ; and (F) in paragraph (12), by striking participating schools and inserting the local educational agency ; (11) in section 1424— (A) in paragraph (2), by striking , including and all that follows through gang members ; (B) in paragraph (4)— (i) by striking vocational and inserting career ; and (ii) by striking and after the semicolon; and (C) in paragraph (5), by striking the period at the end and inserting a semicolon; and (D) by inserting the following after paragraph (5): (6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and (7) pay for success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal government. ; (12) in section 1425— (A) in paragraph (4)— (i) by inserting and obtain a high school diploma after reenter school ; and (ii) by striking or seek a secondary school diploma or its recognized equivalent ; (B) in paragraph (6), by striking high academic achievement standards and inserting the challenging State academic standards ; (C) in paragraph (9), by striking vocational and inserting career ; (D) in paragraph (10), by striking and after the semicolon; (E) in paragraph (11), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (12) to the extent practicable, develop an initial educational services and transition plan for each child or youth served under this subpart upon entry into the correctional facility, in partnership with the child’s or youth’s family members and the local educational agency that most recently provided services to the child or youth (if applicable), consistent with section 1414(a)(1); and (13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. ; (13) in section 1426(2), by striking secondary and inserting high ; (14) in section 1431(a)— (A) by striking secondary each place the term appears and inserting high ; (B) in paragraph (1), by inserting and to graduate high school in the standard number of years after educational achievement ; and (C) in paragraph (3), by inserting or school operated or funded by the Bureau of Indian Education after local educational agency ; and (15) in section 1432(2)— (A) by striking has limited English proficiency and inserting is an English learner ; and (B) by striking or has a high absenteeism rate at school. and inserting has a high absenteeism rate at school, or has other life conditions that make the individual at high risk for dependency or delinquency adjudication. . 1015. General provisions Title I ( 20 U.S.C. 6301 et seq. ) is amended— (1) by striking parts E, F, G, and H; (2) by redesignating part I as part E; (3) by striking sections 1907 and 1908; (4) by redesignating sections 1901, 1902, 1903, 1905, and 1906 as sections 1501, 1502, 1503, 1504, and 1505, respectively; (5) in section 1501, as redesignated by paragraph (4)— (A) in subsection (a), by inserting , in accordance with subsections (b) through (d), after may issue ; (B) in subsection (b)— (i) in paragraph (1), by inserting principals, other school leaders, after teachers, ; (ii) in paragraph (2), by adding at the end the following: All information from such regional meetings and electronic exchanges shall be made public in an easily accessible manner to interested parties. ; (iii) in paragraph (3)(A), by striking standards and assessments and inserting standards, assessments, the State accountability system under section 1111(b)(3), school intervention and support under section 1114, and the requirement that funds be supplemented and not supplanted under section 1117; ; (iv) by striking paragraph (4) and inserting the following: (4) Process Such process shall not be subject to the Federal Advisory Committee Act, but shall, unless otherwise provided as described in subsection (c), follow the provisions of the Negotiated Rulemaking Act of 1990 ( 5 U.S.C. 561 et seq. ). ; and (v) by striking paragraph (5) and inserting the following: (5) Emergency situation In an emergency situation in which regulations to carry out this title must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this title, the Secretary may issue a proposed regulation without following such process but shall— (A) designate the proposed regulation as an emergency with an explanation of the emergency in a notice provided to Congress; (B) publish the duration of the comment and review period in such notice and in the Federal Register; and (C) conduct regional meetings to review such proposed regulation before issuing any final regulation. ; (C) by redesignating subsection (c) as subsection (d); (D) by inserting after subsection (b) the following: (c) Alternative process if failure to reach consensus If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under paragraph (3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner: (1) Notice to congress Not less than 30 days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— (A) a copy of the regulation to be proposed; (B) a justification of the need to issue a regulation; (C) the anticipated burden, including the time, cost, and paperwork burden, the regulations will have on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (E) any regulations that will be repealed when the new regulations are issued; and (F) an opportunity to comment on the information in subparagraphs (A) through (E). (2) Comment period for congress The Secretary shall provide Congress with a 15-day period, beginning after the date on which the Secretary provided the notice of any proposed rulemaking to Congress under paragraph (1), to make comments on the proposed rule. After addressing all comments received from Congress during such period, the Secretary may proceed with the rulemaking process under section 553 of title 5, United States Code, as modified by this section. (3) Public comment and review period The public comment and review period for any proposed regulation shall be not less than 90 days unless an emergency requires a shorter period, in which case the Secretary shall comply with the process outlined in subsection (b)(5). (4) Assessment No regulation shall be made final after the comment and review period described in paragraph (3) until the Secretary has published in the Federal Register— (A) an assessment of the proposed regulation that— (i) includes a representative sampling of local educational agencies based on enrollment, geographic diversity (including suburban, urban, and rural local educational agencies), and other factors impacted by the proposed regulation; (ii) addresses the burden, including the time, cost, and paperwork burden, that the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (iii) addresses the benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and (iv) thoroughly addresses, based on the comments received during the comment and review period under paragraph (3), whether the rule is financially and operationally viable at the local level; and (B) an explanation of how the entities described in subparagraph (A)(ii) may cover the cost of the burden assessed under such subparagraph. ; and (E) by inserting after subsection (d), as redesignated by subparagraph (C), the following: (e) Rule of construction Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) or chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act ). ; (6) in section 1502(a), as redesignated by paragraph (4), (A) by striking section 1901 and inserting section 1501 ; and (B) by striking or provides a written and all that follows through the period at the end and inserting or where negotiated rulemaking is not pursued, shall conform to section 1501(c). ; and (7) in section 1503, as redesignated by paragraph (4)— (A) in subsection (a)(2), by striking student academic achievement and inserting academic ; and (B) in subsection (b)(2)— (i) in subparagraph (C), by striking , including vocational educators ; (ii) in subparagraph (F), by striking and after the semicolon; and (iii) by striking subparagraph (G) and inserting the following: (G) specialized instructional support personnel; (H) representatives of charter schools, as appropriate; and (I) paraprofessionals. . 1016. Report on educational stability of children in foster care (a) In general Not later than 2 years after the date of the enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report that— (1) describes any barriers to coordination between local educational agencies and child welfare agencies, including in Federal law or regulation, such as the Fostering Connections to Success and Increasing Adoptions Act of 2008 ( Public Law 110–351 ; 122 Stat. 3949); (2) describes the benefits and challenges of keeping a foster care child in the school of origin when such child moves to a new school attendance area as a result of being placed in foster care, changing foster care placements, or leaving foster care, including— (A) the academic impact of increased stability as a result of such child remaining in the school of origin; (B) challenges for local educational agencies and child welfare agencies as a result of such child remaining in the school of origin, including challenges associated with transportation; (C) estimates of transportation costs if such child stays in the school of origin; and (D) an analysis of the most appropriate entity to pay transportation costs for a foster care child who is changing or leaving placements and remaining in the school of origin; (3) examines barriers to credit transfer, including awarding partial credit for coursework, for a child in foster care who is changing schools; (4) examines the impact on local educational agencies of a local educational agency designating an individual as a point of contact for a child welfare agency, including— (A) the entity most suited to having the responsibility for outreach on behalf of the education of a child in foster care enrolled in a school; and (B) the benefits and limitations of designating the local educational agency liaison under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ) as the same point of contact at the local educational agency for children in foster care; (5) describes the impact of removing children who are awaiting foster care placement from coverage under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ); and (6) examines the extent to which the child welfare system takes into account a child’s educational stability when determining such child’s foster care placement. (b) Definitions For the purposes of this section: (1) Child in foster care The term child in foster care means a child whose care and placement is the responsibility of the agency that administers a State plan under part B or E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. , 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of the Social Security Act ( 42 U.S.C. 672 ) on behalf of the child. (2) School of origin The term school of origin means, with respect to a child in foster care, any of the following: (A) The public school in which the child was enrolled prior to entry into foster care. (B) The public school in which the child is enrolled when a change in foster care placement occurs. (C) The public school the child attended when last permanently housed, as such term is used in section 722(g)(3)(G) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(3)(G) ), if such child was eligible for assistance under such Act before the child became a child in foster care. 1017. Report on subgroup sample size (a) Report Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences shall publish a report on best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of the categories of students, as defined in section 1111(b)(3)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3)(A) ) (as amended by this Act), for the purposes of inclusion as categories of students in an accountability system described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ) (as amended by this Act) and how such minimum number that is determined will not reveal personally identifiable information about students. (b) Public dissemination The Director of the Institute of Education Sciences shall work with the Department of Education’s existing technical assistance providers and dissemination networks to ensure that the report described under subsection (a) is widely disseminated— (1) to the public, State educational agencies, local educational agencies, and schools; and (2) through electronic transfer and other means, such as posting the report on the website of the Institute of Education Sciences or in another relevant place. II High-quality teachers, principals, and other school leaders 2001. Transfer of certain provisions The Act ( 20 U.S.C. 6301 et seq. ) is amended— (1) by redesignating subpart 5 of part C of title II ( 20 U.S.C. 6731 et seq. ) as subpart 3 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to the end of part F of title IX; (2) by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively; (3) in section 9546(b), as redesignated by paragraph (2), by striking the matter following paragraph (2) and inserting the following: (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ; (4) by redesignating subpart 4 of part D of title II as subpart 4 of part F of title IX, as redesignated by section 9105(1), and moving that subpart to follow subpart 3 of part F of title IX, as redesignated and moved by paragraph (1); (5) by redesignating section 2441 as section 9551; and (6) by striking the subpart heading of subpart 4 of part F of title IX, as redesignated by paragraph (5), and inserting the following: 4 Internet safety . 2002. Fund for the improvement of teaching and learning The Act ( 20 U.S.C. 6301 et seq. ) is amended by striking title II (as amended by section 2001) and inserting the following: II Preparing, training, and recruiting high-quality teachers, principals, and other school leaders 2001. Purpose The purpose of this title is to improve student academic achievement by— (1) increasing the ability of local educational agencies, schools, teachers, principals, and other school leaders to provide a well-rounded and complete education for all students; (2) improving the quality and effectiveness of teachers, principals, and other school leaders; (3) increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and (4) ensuring that low-income and minority students are served by effective teachers, principals, and other school leaders and have access to a high-quality instructional program. 2002. Definitions In this title: (1) School leader residency program The term school leader residency program means a school-based principal, school leader, or principal and school leader preparation program in which a prospective principal or school leader— (A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and (B) during that academic year— (i) participates in research-based coursework that is integrated with the clinical residency experience; and (ii) receives ongoing support from a mentor principal or school leader who is effective. (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) Teacher residency program The term teacher residency program means a school-based teacher preparation program in which a prospective teacher— (A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A (if applicable), who is the teacher of record for the classroom; (B) receives concurrent instruction during the year described in subparagraph (A)— (i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and (ii) in the teaching of the content area in which the teacher will become certified or licensed; and (C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment. 2003. Authorization of appropriations (a) Grants to States and local educational agencies For the purposes of carrying out part A (other than section 2105), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (b) National activities For the purposes of carrying out activities authorized under section 2105, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (c) Teacher and school leader incentive fund For the purposes of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (d) American history and civics education For the purposes of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (e) Literacy education for all, results for the nation For the purposes of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (f) STEM instruction and student achievement For the purposes of carrying out part E, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. A Fund for the improvement of teaching and learning 2101. Formula grants to States (a) Reservation of funds From the total amount appropriated under section 2003(a) for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and (2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) Hold harmless (A) Fiscal years 2016 through 2021 For each of fiscal years 2016 through 2021, subject to paragraph (2) and subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under— (i) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and (ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554 ). (B) Ratable reduction If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. (C) Percentage Reduction For each of fiscal years 2016 through 2021, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2015. (2) Allotment of additional funds (A) In General Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of— (i) an amount that bears the same relationship to 20 percent of the excess amount as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) an amount that bears the same relationship to 80 percent of the excess amount as the number of individuals age 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year. (3) Fiscal year 2022 and succeeding fiscal years For fiscal year 2022 and each of the succeeding fiscal years, the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection (a) to each State in accordance with paragraph (2). (4) Reallotment If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. (c) State use of funds (1) In general Except as provided for under paragraph (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part. (3) Principals and other school leaders Notwithstanding paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph (1) for activities for principals and other school leaders described in paragraph (4), if such reservation would not result in a lower allocation to local educational agencies under section 2102, as compared to such allocation for the preceding fiscal year. (4) State activities (A) In general The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education. (B) Types of State activities The activities described in this subparagraph are the following: (i) Reforming teacher, principal, and other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that— (I) teachers have the necessary subject matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards described in section 1111(b)(1); (II) principals and other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and (III) teacher certification or licensing requirements are aligned with such challenging State academic standards. (ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, and other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders, such as by— (I) developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; (II) developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and (III) developing a system for auditing the quality of evaluation and support systems. (iii) Improving equitable access to effective teachers, principals, and other school leaders. (iv) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State demonstrates a shortage of educators), principals, and other school leaders, for— (I) individuals with a baccalaureate or master’s degree, or other advanced degree; (II) mid-career professionals from other occupations; (III) paraprofessionals; (IV) former military personnel; and (V) recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become highly effective teachers, principals, or other school leaders. (v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, and other school leaders who are effective in improving student academic achievement, including highly effective teachers from underrepresented minority groups and teachers with disabilities, such as through— (I) opportunities for a cadre of effective teachers to lead evidence-based professional development for their peers; (II) career opportunities for teachers to grow as leaders, including hybrid roles that allow teachers to voluntarily serve as mentors or academic coaches while remaining in the classroom; and (III) providing training and support for teacher leaders and school leaders who are recruited as part of instructional leadership teams. (vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (vii) Developing, or assisting local educational agencies in developing— (I) teacher advancement initiatives that promote professional growth and emphasize multiple career paths, such as school leadership, mentoring, involvement with school improvement, and instructional coaching; (II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and (III) new teacher, principal, and other school leader induction and mentoring programs that are evidence-based and designed to— (aa) improve classroom instruction and student learning and achievement; (bb) increase the retention of effective teachers, principals, and other school leaders; (cc) improve school leadership to improve classroom instruction and student learning and achievement; and (dd) provide opportunities for teachers, principals, and other school leaders who are experienced, effective, and have demonstrated an ability to work with adult learners to be mentors. (viii) Providing assistance to local educational agencies for— (I) the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards described in section 1111(b)(1); and (II) the development and support of other school leadership programs to develop educational leaders. (ix) Supporting efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction, which may include blended learning projects that include an element of online learning, combined with supervised learning time and student-led learning, in which the elements are connected to provide an integrated learning experience. (x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part. (xi) Supporting teacher, principal, and other school leader residency programs. (xii) Reforming or improving teacher, principal, and other school leader preparation programs. (xiii) Supporting the instructional services provided by school librarians. (xiv) Supporting other activities identified by the State that are evidence-based and that meet the purpose of this title. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each plan described under paragraph (1) shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). (B) A description of the State’s system of certification, licensing, and professional growth and improvement, such as clinical experience for prospective educators, support for new educators, professional development, professional growth and leadership opportunities, and compensation systems for teachers, principals, and other educators. (C) A description of how activities under this part are aligned with challenging State academic standards and State assessments under section 1111, which may include, as appropriate, relevant State early learning and developmental guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T) ). (D) A description of how the activities using funds under this part are expected to improve student achievement. (E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, principals, and other school leaders, a description of how such funds will be used to meet the State’s commitment described in section 1111(c)(1)(F) to ensure equitable access to effective teachers, principals, and school leaders. (F) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. (G) An assurance that the State educational agency will work in consultation with the entity responsible for teacher and principal professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession. (H) A description of how the State educational agency will improve the skills of teachers, principals, and other school leaders in order to enable them to identify students with specific learning needs, particularly students with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students. (I) A description of how the State will use data and ongoing consultation with and input from teachers and teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, to continually update and improve the activities supported under this part. (3) Consultation In developing the State plan under this subsection, a State shall— (A) involve teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and (B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State's activities to meet the purpose of this title; and (C) coordinate the State's activities under this part with other related strategies, programs, and activities being conducted in the State. (e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following: (1) The development, improvement, or implementation of elements of any teacher, principal, or school leader evaluation systems. (2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. (3) Any teacher, principal, or other school leader professional standards, certification, or licensing. 2102. Subgrants to local educational agencies (a) Allocation of funds to local educational agencies (1) In general From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. (3) Administrative costs Of the amounts allocated to a local educational agency under paragraph (2), the local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. (4) Rule of construction Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a school locale code of 41, 42, or 43, or such local educational agencies designated with a school locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall conduct a needs assessment described in paragraph (2) and submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency shall periodically conduct a comprehensive needs assessment of the local educational agency and of all schools served by the local educational agency. (B) Requirements The needs assessment under subparagraph (A) shall be designed to determine the schools with the most acute staffing needs related to— (i) increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement; (ii) ensuring that low-income and minority students are not disproportionately served by ineffective teachers, principals, and other school leaders; (iii) ensuring that low-income and minority students have access to a high-quality instructional program and appropriate class sizes that are evidence-based; (iv) hiring, retention, and advancement and leadership opportunities for effective teachers, principals, and other school leaders; (v) supporting and developing all educators, including preschool, kindergarten, elementary, middle, or high school teachers (including special education teachers), principals, other school leaders, early childhood directors, specialized instructional support personnel, paraprofessionals, or other staff members who provide or directly support instruction; (vi) understanding and using data and assessments to improve student learning and classroom practice; (vii) improving student behavior, including the response of teachers, principals, and other school leaders to student behavior, in the classroom and school, including the identification of early and appropriate interventions, which may include positive behavioral interventions and supports; (viii) teaching students who are English learners, children who are in early childhood education programs, children with disabilities, American Indian children, Alaskan Native children, and gifted and talented students; (ix) ensuring funds are used to support schools served by the local educational agency that are identified under section 1114(a)(1)(A) and schools with high percentages or numbers of children counted under section 1124(c); (x) improving the academic and non-academic skills of all students essential for learning readiness and academic success; and (xi) any other evidence-based factors that the local educational agency determines are appropriate to meet the needs of schools within the jurisdiction of the local educational agency and meet the purpose of this title. (3) Consultation (A) In general In conducting a needs assessment described in paragraph (2), a local educational agency shall— (i) involve teachers, teacher organizations, principals, and other school leaders, specialized instructional support personnel, parents, community partners, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and (ii) take into account the activities that need to be conducted in order to give teachers, principals, and other school leaders the skills to provide students with the opportunity to meet challenging State academic standards described in section 1111(b)(1). (B) Continued consultation A local educational agency receiving a subgrant under this section shall consult with such individuals and organizations described in subparagraph (A) on an ongoing basis in order to— (i) seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this title; and (ii) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. (4) Contents of application Each application submitted under paragraph (1) shall be based on the results of the needs assessment required under paragraph (2) and shall include the following: (A) A description of the results of the comprehensive needs assessment carried out under paragraph (2). (B) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the challenging State academic standards described in section 1111(b)(1). (C) A description of how such activities will comply with the principles of effectiveness described in section 2103(c). (D) A description of the activities, including professional development, that will be made available to meet needs identified by the needs assessment described in paragraph (2). (E) A description of the local educational agency’s systems of hiring and professional growth and improvement, such as induction for teachers, principals, and other school leaders. (F) A description of how the local educational agency will support efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction. (G) A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(A) and have the highest percentage or number of children counted under section 1124(c). (H) Where a local educational agency has a significant number of schools identified under section 1114(a)(1)(A), as determined by the State, a description of how the local educational agency will seek the input of the State educational agency in planning and implementing activities under this part. (I) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). (J) An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs. 2103. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive, evidence-based programs and activities described in subsection (b), which may be carried out through a grant or contract with a for-profit or nonprofit entity, in partnership with an institution of higher education, or in partnership with an Indian tribe or tribal organization (as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )). (b) Types of activities The activities described in this subsection— (1) shall meet the needs identified in the needs assessment described in section 2102(b)(2); (2) shall be in accordance with the purpose of this title, evidence-based, and consistent with the principles of effectiveness described in subsection (c); (3) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and (4) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, and other school leaders that is based in part on evidence of student achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders; (B) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers, principals, and other school leaders, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards described in section 1111(b)(1), to improve within-district equity in the distribution of teachers, principals, and school leaders consistent with the requirements of section 1111(c)(1)(F), such as initiatives that provide— (i) expert help in screening candidates and enabling early hiring; (ii) differential and incentive pay for teachers, principals, and other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; (iii) teacher, paraprofessional, principal, and other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths and pay differentiation; (iv) new teacher, principal, and other school leader induction and mentoring programs that are designed to— (I) improve classroom instruction and student learning and achievement; (II) increase the retention of effective teachers, principals, and other school leaders; (III) improve school leadership to improve classroom instruction and student learning and achievement; and (IV) provide opportunities for mentor teachers, principals, and other educators who are experienced, effective, and have demonstrated an ability to work with adult learners; (v) the development and provision of training for school leaders, coaches, mentors and evaluators on how to accurately differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and (vi) a system for auditing the quality of evaluation and support systems; (C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with a record of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders; (D) reducing class size to an evidence-based level to improve student achievement through the recruiting and hiring of additional effective teachers; (E) providing high-quality, personalized professional development for teachers, instructional leadership teams, principals, and other school leaders, focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, and other school leaders to— (i) effectively integrate technology into curricula and instruction; (ii) use data from such technology to improve student achievement; (iii) effectively engage parents, families and community partners, and coordinate services between school and community; and (iv) help all students develop the academic and nonacademic skills essential for learning readiness and academic success; (F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, and students who are English learners, so that such children with disabilities and students who are English learners can meet the challenging State academic standards described in section 1111(b)(1); (G) providing programs and activities to increase the knowledge base of teachers and principals on instruction in the early grades, and strategies to measure whether young children are progressing, which may include providing joint professional learning activities for school staff and educators in preschool programs that address the transition to elementary school; (H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers and school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and in using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate; (I) supporting teacher, principal, and school leader residency programs; (J) reforming or improving teacher, principal, and other school leader preparation programs; (K) carrying out in-service training for school personnel in— (i) the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and (iii) forming partnerships between school-based mental health programs and public or private mental health organizations; (L) providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as early entrance to kindergarten, enrichment, acceleration, and curriculum compacting activities, and dual enrollment in secondary school and postsecondary education; (M) supporting the instructional services provided by school librarians; (N) providing general liability insurance coverage for teachers related to actions performed in the scope of their duties; and (O) carrying out other evidence-based activities identified by the local educational agencies that meet the purpose of this title. (c) Principles of effectiveness (1) In general For a program or activity supported with funds provided under this part to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the schools to be served to— (i) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement; (ii) ensure that low-income and minority students are served by effective teachers, principals, and other school leaders; and (iii) ensure that low-income and minority students have access to a high-quality instructional program; (B) be based upon established and evidence-based criteria— (i) aimed at ensuring that all students receive a high-quality education taught by effective teachers and attend schools led by effective principals and other school leaders; and (ii) that result in improved student academic achievement in the school served by the program or activity; and (C) include meaningful and ongoing consultation with and input from teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general A program or activity carried out under this section shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education, taught by effective teachers, in schools led by effective principals and school leaders that results in improved student academic achievement. (B) Use of results The results of an evaluation described in subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the criteria described in paragraph (1)(B); and (ii) made available to the public upon request, with public notice of such availability provided. (3) Prohibition Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control the principles of effectiveness developed by local educational agencies under paragraph (1) or the specific programs or activities that will be implemented by a local educational agency. 2104. Reporting (a) State report Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides— (1) the number and percent of teachers, principals, and other school leaders in the State and each local educational agency in the State who are licensed or certified, provided such information does not reveal personally identifiable information; (2) the first-time passage rate of teachers and principals in the State and each local educational agency in the State on teacher and principal licensure examinations, provided such information does not reveal personally identifiable information; (3) a description of how chosen professional development activities improved teacher and principal performance; and (4) if funds are used under this part to improve equitable access to teachers, principals, and other school leaders for low-income and minority students, a description of how funds have been used to improve such access. (b) Local educational agency report Each local educational agency receiving funds under this part shall submit to the State educational agency such information that the State requires, which shall include the information described in subsection (a) for the local educational agency. (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. (d) Limitation The reports and information provided under subsections (a) and (b) shall not reveal personally identifiable information about any individual. 2105. National activities of demonstrated effectiveness (a) In general From the funds appropriated under section 2003(b) to carry out this section, the Secretary— (1) may reserve not more than 20 percent to carry out activities under subsection (b); (2) shall reserve not less than 40 percent to carry out activities under subsection (c); and (3) shall reserve not less than 40 percent to carry out activities under subsection (d). (b) Technical assistance and national evaluation From the funds reserved by the Secretary under subsection (a)(1), the Secretary may carry out— (1) technical assistance to States and local educational agencies carrying out activities under this part, which may be carried out directly or through grants and contracts; and (2) evaluations of activities carried out by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences. (c) Programs of national significance (1) In general From the funds reserved by the Secretary under subsection (a)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (A) providing teachers, principals, and other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies; (B) providing evidence-based professional development activities that addresses literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve; (C) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or (D) providing teachers, principals, and other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential. (2) Program periods and diversity of projects (A) In general A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period. (C) Diversity of projects In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (D) Limitation The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition. (3) Cost-sharing (A) In general An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection. (B) Acceptable contributions An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services. (C) Waivers The Secretary may waive or modify the requirement of subparagraph (A) in cases of demonstrated financial hardship. (4) Applications In order to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information that the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents. (5) Definition of eligible entity In this subsection, the term eligible entity means— (A) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation; (B) a national nonprofit entity with a demonstrated track record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, and other school leaders; or (C) a partnership consisting of— (i) 1 or more entities described in subparagraph (A) or (B); and (ii) a for-profit entity. (d) School leader recruitment and support programs (1) In general From the funds reserved by the Secretary under subsection (a)(3), the Secretary shall award grants, on a competitive basis to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals and other school leaders in high-need schools, which may include— (A) developing or implementing leadership training programs designed to prepare and support principals and other school leaders in high-need schools, including through new or alternative pathways and school leader residency programs; (B) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals and other school leaders to serve in high-need schools; (C) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools identified for intervention and support under section 1114(a)(1)(A), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning; (D) providing continuous professional development for principals and other school leaders in high-need schools; (E) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools; and (F) other evidence-based programs or activities described in section 2101(c)(3) or section 2103(b)(4) focused on principals and other school leaders in high-need schools. (2) Program periods and diversity of projects (A) In general A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 5 years. (B) Renewal The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period. (C) Diversity of projects In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (D) Limitation The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition. (3) Cost-sharing (A) In general An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection. (B) Acceptable contributions An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services. (C) Waivers The Secretary may waive or modify the requirement of subparagraph (A) in cases of demonstrated financial hardship. (4) Applications An eligible entity that desires a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (5) Priority In awarding grants under this subsection, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who— (A) have improved school-level student outcomes; (B) have become principals in high-need schools; and (C) remain principals in high-need schools for multiple years. (6) Definitions In this subsection— (A) the term eligible entity means— (i) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies; (ii) a State educational agency or a consortium of such agencies; (iii) a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve a high-need school; or (iv) an entity described in clause (i), (ii), or (iii) in partnership with 1 or more nonprofit organizations or institutions of higher education; and (B) the term high-need school means— (i) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or (ii) a high school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line. 2106. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part. B Teacher and school leader incentive program 2201. Purposes; definitions (a) Purposes The purposes of this part are— (1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders (especially for teachers, principals, and other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and (2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. (b) Definitions In this part: (1) Eligible entity The term eligible entity means— (A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies; (B) a State educational agency or other State agency designated by the chief executive of a State to participate under this part; or (C) a partnership consisting of— (i) 1 or more agencies described in subparagraph (A) or (B); and (ii) at least 1 nonprofit or for-profit entity. (2) High-need local educational agency The term high-need local educational agency means a local educational agency, public charter school, or charter management organization— (A) that serves not fewer than 10,000 children from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by the agency, school, or organization are from families with incomes below the poverty line. (3) High-need school The term high-need school means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more. (4) Human capital management system The term human capital management system means a system— (A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and (B) that includes a performance-based compensation system. (5) Performance-based compensation system The term performance-based compensation system means a system of compensation for teachers, principals, and other school leaders that— (A) differentiates levels of compensation based in part on measurable increases in student academic achievement; and (B) may include— (i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, and other school leaders in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers, principals, and other school leaders as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and (II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills. 2202. Teacher and school leader incentive fund grants (a) Grants authorized From the amounts appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity. (b) Duration of grants (1) In general A grant awarded under this part shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this part for a period of up to 2 years if the grantee demonstrates to the Secretary that the grantee is effectively utilizing funds. Such renewal may include allowing the grantee to scale up or replicate the successful program. (3) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice, as of the date of enactment of the Every Child Achieves Act of 2015. (c) Applications An eligible entity desiring a grant under this part shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include— (1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant; (2) a description of the most pressing gaps or insufficiencies in student access to effective teachers and school leaders in high-need schools, including gaps or inequities in how effective teachers and school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems and other school level factors; (3) a description and evidence of the support and commitment from teachers, principals, and other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, and other school leaders), the community, and the local educational agency to the activities proposed under the grant; (4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, school leader, and student performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made; (5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (6) a description of the quality of teachers, principals, and other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the quality of teachers, principals, and other school leaders in a high-need school; (7) a description of how the eligible entity will use grant funds under this part in each year of the grant, including a timeline for implementation of such activities; (8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends; (9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant at the end of the grant period; (10) a description of how the proposed activities are rational and evidence-based and, if applicable, the prior experience of the eligible entity in developing and implementing such activities; and (11) a description of how activities funded under this part will be evaluated, monitored, and publically reported. (d) Award basis (1) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers, principals, and other school leaders serving in high-need schools. (2) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution of such grants between rural and urban areas. (e) Use of funds (1) In general An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this part. (2) Authorized activities Grant funds under this part may be used for the following: (A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that— (i) reflects clear and fair measures of teacher, principal, and other school leader performance, based in part on demonstrated improvement in student academic achievement; and (ii) provides teachers, principals, and other school leaders with ongoing, differentiated, targeted and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation system described in subparagraph (A) and to develop support for the evaluation system, including by training appropriate personnel in how to observe and evaluate teachers, principals, and other school leaders. (C) Providing principals and other school leaders with— (i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; (ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together. (D) Paying, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to— (i) teachers who— (I) (aa) teach in high-need schools; or (bb) teach in high-need subjects; (II) raise student academic achievement; or (III) take on additional leadership responsibilities; or (ii) principals and other school leaders who serve in high-need schools and raise student academic achievement in the schools. (E) Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers and school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in— (i) attracting, hiring, and retaining effective educators; (ii) offering bonuses or higher salaries to effective teachers; or (iii) establishing or strengthening residency programs. (F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers and school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders. (f) Matching requirement Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant. (g) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part. 2203. Reports (a) Activities summary Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this part, including— (1) information on eligible entities that received grant funds under this part, including— (A) information provided by eligible entities to the Secretary in the applications submitted under section 2202(c); (B) the summaries received under subsection (a); and (C) grant award amounts; and (2) student academic achievement, and as applicable, growth data from the schools participating in the programs supported under the grant. (c) Evaluation and technical assistance (1) Reservation of funds Of the total amount reserved under section 2003(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this part. (2) Evaluation From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this part. (3) Contents The evaluation under paragraph (2) shall measure— (A) the effectiveness of the program in improving student academic achievement; (B) the satisfaction of the participating teachers, principals, and other school leaders; and (C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, and other school leaders, especially in high-need subject areas. . 2003. American history and civics education Title II ( 20 U.S.C. 6601 et seq. ), as amended by section 2002, is further amended by adding at the end the following: C American history and civics education. 2301. Program authorized (a) In general From amounts appropriated to carry out this part, the Secretary is authorized to carry out an American history and civics education program to improve— (1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and (2) the quality of teaching American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history. (b) Funding allotment From amounts made available under section 2305 for a fiscal year, the Secretary shall— (1) reserve not more than 85 percent for activities under section 2302; (2) reserve not more than 10 percent for activities under section 2303; and (3) reserve not more than 5 percent for activities under section 2304. 2302. Teaching of traditional American history (a) In general From the amounts reserved by the Secretary under section 2301(b)(1), the Secretary shall award grants, on a competitive basis, to local educational agencies— (1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary schools as a separate academic subject (not as a component of social studies); and (2) for the development, implementation, and strengthening of programs to teach traditional American history as a separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, including the implementation of activities— (A) to improve the quality of instruction; and (B) to provide professional development and teacher education activities with respect to American history. (b) Required partnership A local educational agency that receives a grant under subsection (a) shall carry out activities under the grant in partnership with 1 or more of the following: (1) An institution of higher education. (2) A nonprofit history or humanities organization. (3) A library or museum. (c) Application To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Grant terms Grants awarded under subsection (a) shall be for a term of not more than 5 years. 2303. Presidential and congressional academies for American history and civics (a) In general From the amounts reserved under section 2301(b)(2), the Secretary shall award not more than 12 grants on a competitive basis to— (1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the Presidential Academies ) in accordance with subsection (e); and (2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the Congressional Academies ) in accordance with subsection (f). (b) Application An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Eligible entity The term eligible entity under this section means— (1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or (2) a consortium of entities described in paragraph (1). (d) Grant terms Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years. (e) Presidential academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which— (A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics; (B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C) is conducted during the summer or other appropriate time; and (D) is of not less than 2 weeks and not more than 6 weeks in duration. (2) Selection of teachers Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1). (3) Teacher stipends Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute. (4) Priority In awarding grants under this subsection, the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks. (f) Congressional academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which— (A) broadens and deepens such students’ understanding of American history and civics; (B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C) is conducted during the summer or other appropriate time; and (D) is of not less than 2 weeks and not more than 6 weeks in duration. (2) Selection of students (A) In general Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1). (B) Eligible students A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student— (i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and (ii) will be a junior or senior in the academic year following attendance at the seminar or institute. (3) Student stipends Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute. (g) Matching funds (1) In general An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f). 2304. National activities (a) Purpose The purpose of this section is to promote innovative strategies to promote innovative history, civic, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, and other school leaders, particularly for low-income students in underserved areas. (b) In general From the funds reserved by the Secretary under section 2301(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1) developing, implementing, evaluating and disseminating for voluntary use, innovative, evidenced-based approaches to civic learning, geography, and American history, which may include hands-on civic engagement activities for teachers and low-income students, that demonstrate innovation, scalability, accountability, and a focus on underserved populations; or (2) other innovative evidence-based approaches to improving the quality of student achievement and teaching of American history, civics, geography, and government in elementary schools and secondary schools. (c) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period. (3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (d) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, and in such manner, and containing such information that the Secretary may reasonably require. (e) Eligible entity In this section, the term eligible entity means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches for improving the quality of American history, geography, and civics learning and teaching. 2305. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 through 2021. . 2004. Literacy education Title II ( 20 U.S.C. 6601 et seq. ), as amended by sections 2001 through 2003, is further amended by adding at the end the following: D Literacy Education for All, Results for the Nation. 2401. Purposes; definitions (a) Purposes The purpose of this part is— (1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that when implemented ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and (2) for States to provide targeted subgrants to State-designated early childhood education programs and local educational agencies and their public or private partners to implement evidenced-based programs that ensure high-quality comprehensive literacy instruction for students most in need. (b) Definitions In this part: (1) Comprehensive literacy instruction The term comprehensive literacy instruction means instruction that— (A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas; (B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (E) uses differentiated instructional approaches, including individual and small group instruction and discussion; (F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (G) includes frequent practice of reading and writing strategies; (H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction; (I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (J) incorporates the principles of universal design for learning; (K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and (L) links literacy instruction to the challenging State academic standards under section 1111(b)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter. (2) Eligible entity The term eligible entity means an entity that serves a high share or percentage of high-need schools and consists of— (A) one or more local educational agencies that— (i) have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(2); or (iii) serve a significant number or percentage of schools that are identified under section 1114(a)(1)(A); (B) one or more State-designated early childhood education programs, which may include home-based literacy programs for preschool aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or (C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or a State-designated early childhood education program, which may include home-based literacy programs for preschool aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include State-designated early childhood education programs) that have a demonstrated record of effectiveness in— (i) improving literacy achievement of children, consistent with the purposes of their participation, from birth through grade 12; and (ii) providing professional development in comprehensive literacy instruction. (3) High-need school (A) In general The term high-need school means— (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. (B) Low-income family For purposes of subparagraph (A), the term low-income family means a family— (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). 2402. Comprehensive literacy State development grants (a) Grants authorized From the amounts appropriated to carry out this part and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to States to enable the States to— (1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of disadvantaged children; and (2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities. (b) Reservation From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall reserve— (1) not more than a total of 5 percent for national activities including a national evaluation, technical assistance and training, data collection, and reporting; (2) one-half of 1 percent for the Secretary of the Interior to carry out a program described in this part at schools operated or funded by the Bureau of Indian Education; and (3) one-half of 1 percent for the outlying areas to carry out a program under this part. (c) Duration of grants A grant awarded under this part shall be awarded for a period of not more than 5 years. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that— (1) the State has made adequate progress; and (2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d). (d) State applications (1) In general A State educational agency desiring a grant under this part shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include, at a minimum, the following: (A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most pressing gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the categories of students, as defined in section 1111(b)(3)(A). (B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan. (C) An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (e). (D) An assurance that the State educational agency will use implementation grant funds described in subsection (e)(1) for comprehensive literacy instruction programs as follows: (i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (E) An assurance that the State educational agency shall give priority in awarding a subgrant under section 2403 to an eligible entity that— (i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or (ii) consists of a local educational agency serving a high number or percentage of high-need schools. (e) State activities (1) In general A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process. (2) Reservation A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities: (A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs. (B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods. (C) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (D) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement. (E) Administering and monitoring the implementation of subgrants by eligible entities. (3) Additional uses After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities: (A) Developing literacy coach training programs and training literacy coaches. (B) Administration and evaluation of activities carried out under this part. 2403. Subgrants to eligible entities in support literacy for children from birth through kindergarten entry (a) Subgrants (1) In general A State educational agency receiving a grant under this part shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) )), use a portion of the grant funds, in accordance with section 2402(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (b) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (5) such other information as the State educational agency may require. (c) Local uses of funds An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), to— (1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders; (2) train providers and personnel to develop and administer high-quality early childhood education literacy initiatives; and (3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, and teachers in literacy development of children served under the subgrant. 2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to eligible entities (1) Subgrants A State educational agency receiving a grant under this part shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2402(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided. (4) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, and other instructional leaders served by the school. (C) How the school will identify children in need of literacy interventions or other support services. (D) An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education and after-school programs and activities in the area served by the local educational agency. (b) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, paraprofessionals, and other program staff. (3) Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives. (4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, and school librarians in the literacy development of children served under this subsection. (5) Engaging families and encouraging family literacy experiences and practices to support literacy development. (c) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a comprehensive literacy instruction plan described in subsection (b)(1) for children in grades 6 through 12. (2) Training principals, specialized instruction support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12. (3) Assessing the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects. (4) Providing time for teachers to meet to plan research-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects. (5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, and school librarians in the literacy development of children served under this subsection. (d) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsection (b) or (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Recruiting, placing, training, and compensating literacy coaches. (2) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (3) Training families and caregivers to support the improvement of adolescent literacy. (4) Providing for a multitier system of support. (5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians) to meet to plan comprehensive literacy instruction. 2405. National evaluation and information dissemination (a) National evaluation From funds reserved under section 2402(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this part. Such evaluation shall include evidence-based research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact. (b) Program improvement The Secretary shall— (1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences; and (3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. 2406. Supplement, not supplant Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds available to carry out activities described in this part. . 2005. Improving science, technology, engineering, and mathematics instruction and student achievement Title II ( 20 U.S.C. 6601 et seq. ), as amended by sections 2001 through 2004, is further amended by adding at the end the following: E Improving science, technology, engineering, and mathematics instruction and student achievement 2501. Purpose The purpose of this part is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by— (1) improving instruction in such subjects through grade 12; (2) improving student engagement in, and increasing student access to, such subjects; (3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; and (4) closing student achievement gaps, and preparing more students to be college and career ready, in such subjects. 2502. Definitions In this part: (1) Eligible subgrantee The term eligible subgrantee means— (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; (C) a consortium of high-need local educational agencies; or (D) an entity described in subparagraph (A) or (C) of paragraph (2) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this part in partnership with such entity. (2) Outside partner The term outside partner means an entity that has expertise and a demonstrated record of success in improving student learning and engagement in the identified subjects described in section 2504(b)(2), including any of the following: (A) A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center. (B) A business. (C) An institution of higher education. (D) An educational service agency. (3) STEM master teacher corps The term STEM master teacher corps means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematic teachers, particularly in high-need and rural schools, by offering such teachers additional compensation, instructional resources, and instructional leadership roles. 2503. Grants; allotments (a) In general From amounts made available to carry out this part for a fiscal year, the Secretary shall award grants to State educational agencies, through allotments described in subsection (b), to enable State educational agencies to carry out the activities described in section 2505. (b) Distribution of Funds (1) In general Subject to paragraph (2), for each fiscal year, the Secretary shall allot to each State— (A) an amount that bears the same relationship to 35 percent of the amount available to carry out this part for such year, as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 65 percent of the amount available to carry out this part for such year as the number of individuals ages 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (2) Funding minimum No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. (c) Reallotment of unused funds If a State does not successfully apply for an allotment under this part, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. 2504. Applications (a) In General Each State desiring an allotment under section 2503(b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents At a minimum, an application submitted under subsection (a) shall include the following: (1) A description of the needs, including assets, identified by the State educational agency based on a State analysis, which shall include— (A) an analysis of science, technology, engineering, and mathematics education quality and outcomes in the State, which may include results from a pre-existing analysis; (B) labor market information regarding the industry and business workforce needs within the State; and (C) an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in the State. (2) An identification of the specific subjects that the State educational agency will address through the activities described in section 2505, consistent with the needs identified under paragraph (1) (referred to in this part as identified subjects ). (3) A description, in a manner that addresses any needs identified under paragraph (1), of— (A) how grant funds will be used by the State educational agency to improve instruction in the identified subjects; (B) the process that the State educational agency will use for awarding subgrants, including how relevant stakeholders will be involved; (C) how the State's proposed project will ensure an increase in access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in 1 or more of the identified subjects; and (D) how the State educational agency will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction. 2505. Authorized activities (a) Required activities Each State educational agency that receives an allotment under this part shall use the grant funds reserved under subsection (d)(2) to carry out each of the following activities: (1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields to high-quality courses in the identified subjects. (2) Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects. (3) Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects. (b) Permissible activities Each State educational agency that receives an allotment under this part may use the grant funds reserved under subsection (d)(2) to carry out 1 or more of the following activities: (1) Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a careers in the science, technology, engineering, and mathematics fields. (2) Providing induction and mentoring services to new teachers in identified subjects. (3) Developing instructional supports for identified subjects, such as curricula and assessments, which shall be evidence-based and aligned with challenging State academic standards under section 1111(b)(1). (4) Supporting the development of a State-wide STEM master teacher corps. (c) Subgrants (1) In General Each State educational agency that receives a grant under this part shall use the amounts not reserved under subsection (d) to award subgrants, on a competitive basis, to eligible subgrantees to enable the eligible subgrantees to carry out the activities described in paragraph (4). (2) Minimum subgrant A State educational agency shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this part. (3) Subgrantee application (A) In general Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require. (B) Contents of subgrantee application At a minimum, the application described in subparagraph (A) shall include the following: (i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the State's identified subjects, in a manner consistent with scientifically valid research. (ii) A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools. (iii) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (iv) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the State's identified subjects. (4) Subgrantee use of funds (A) Required use of funds Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, as described in the subgrantee's application, which shall include— (i) high-quality teacher and instructional leader recruitment, support, and evaluation in the State's identified subjects; (ii) professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects; (iii) activities to— (I) improve the content knowledge of teachers in the State's identified subjects; (II) facilitate professional collaboration, which may include providing time for such collaborations; and (III) improve the integration of informal and after school programs that target the identified subjects, with classroom instruction; and (iv) the development, adoption, and improvement of high-quality curricula and instructional supports that— (I) are aligned with the challenging State academic standards under section 1111(b)(1); and (II) the eligible subgrantee will use to improve student academic achievement in the identified subjects. (B) Allowable use of funds In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection may also use the subgrant funds to— (i) support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); (ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects; and (iii) broaden secondary school students' access to early college high schools, dual enrollment, or concurrent enrollment courses in science, technology, engineering, and mathematics subjects, including providing professional development to teachers and leaders related to this work. (C) Matching funds A State may require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds, a portion of the amount of subgrant funds, in an amount determined by the State. (d) State Activities (1) In General Each State educational agency that receives an allotment under this part may use not more than 5 percent of grant funds for— (A) administrative costs; (B) monitoring the implementation of subgrants; (C) providing technical assistance to eligible subgrantees; and (D) evaluating subgrants in coordination with the evaluation described in section 2506(c). (2) Reservation Each State educational agency that receives an allotment under this part shall reserve not less than 15 and not more than 20 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b). 2506. Performance metrics; report; evaluation (a) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this part. (b) Annual report Each State educational agency that receives an allotment under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). (c) Evaluation The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this part, including progress measured by the metrics established under subsection (a); (B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; and (C) ensure that the Department is taking appropriate action to avoid unnecessary duplication of efforts between the activities being supported under this part and other programmatic activities supported by the Department or by other Federal agencies; and (2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects. 2507. Supplement not supplant Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part. . 2006. General provisions Title II ( 20 U.S.C. 6601 et seq. ), as amended by sections 2001 through 2005, is further amended by adding at the end the following: F General provisions 2601. Rules of construction (a) Prohibition against Federal mandates, direction, or control Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s— (1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments; (2) teacher, principal, or other school leader evaluation system; (3) specific definition of teacher, principal, or other school leader effectiveness; or (4) teacher, principal, or other school leader professional standards, certification, or licensing. (b) School or district employees Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . III Language instruction for english learners and immigrant students 3001. General provisions Title III ( 20 U.S.C. 6801 et seq. ) is amended— (1) in the title heading, by striking Limited English Proficient and inserting English Learners ; (2) in part A— (A) by striking section 3122; and (B) redesignating sections 3123, 3124, 3125, 3126, 3127, 3128, and 3129 as sections 3122, 3123, 3124, 3125, 3126, 3127, and 3128, respectively; (3) by striking part B; (4) by redesignating part C as part B; and (5) in part B, as redesignated by paragraph (4)— (A) by redesignating section 3301 as section 3201; (B) by striking section 3302; and (C) by redesignating sections 3303 and 3304 as sections 3202 and 3203, respectively. 3002. Authorization of appropriations Section 3001 ( 20 U.S.C. 6801 ) is amended to read as follows: 3001. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for each of fiscal years 2016 through 2021. . 3003. English language acquisition, language enhancement, and academic achievement Part A of title III ( 20 U.S.C. 6811 et seq. ) is amended— (1) in section 3102, by striking paragraphs (1) through (9) and inserting the following: (1) to help ensure that English learners, including immigrant children and youth, attain English proficiency, and develop high levels of academic achievement in English; (2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that children who are English learners can meet the same challenging State academic standards that all children are expected to meet, consistent with section 1111(b)(1); (3) to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; (4) to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instruction programs designed to prepare English learners, including immigrant children and youth, to enter all English instruction settings; (5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners; and (6) to provide incentives to grantees to implement policies and practices that will lead to significant improvements in the instruction and achievement of English learners. ; (2) in section 3111— (A) in subsection (b)— (i) in paragraph (2), by striking subparagraphs (A) through (D) and inserting the following: (A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (B) Providing effective teacher and principal preparation, professional development activities, and other evidence-based activities related to the education of English learners, which may include assisting teachers, principals, and other educators in— (i) meeting State and local certification and licensing requirements for teaching English learners; and (ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners. (C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). (D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in— (i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners, including those in early childhood settings; (ii) helping English learners meet the same State academic standards that all children are expected to meet; (iii) identifying or developing, and implementing, measures of English proficiency; and (iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners. (E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting— (i) annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and (ii) the challenging State academic standards described in section 1111(b)(1). ; and (ii) in paragraph (3)— (I) in the heading, by inserting Direct before Administrative ; and (II) by inserting direct before administrative costs ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking section 3001(a) and inserting section 3001 ; (II) in subparagraph (B), by inserting and after the semicolon; (III) in subparagraph (C)— (aa) by striking 3303 both places it appears and inserting 3202 ; (bb) by striking not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and ; and (cc) by striking ; and and inserting a period; and (IV) by striking subparagraph (D); (ii) by striking paragraphs (2) and (4); (iii) by redesignating paragraph (3) as paragraph (2); (iv) in paragraph (2)(A), as redesignated by clause (iii)— (I) in the matter preceding clause (i), by striking section 3001(a) and inserting section 3001 ; and (II) in clause (i), by striking limited English proficient and all that follows through States; and inserting English learners in the State bears to the number of English learners in all States, as determined by the Secretary under paragraph (3); ; and (v) by adding at the end the following: (3) Use of data for determinations In making State allotments under paragraph (2)(A) for each fiscal year, the Secretary shall— (A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be— (i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (ii) the number of students being assessed for English language proficiency, based on the State's English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or (iii) a combination of data available under clauses (i) and (ii); and (B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates. ; (3) in section 3113— (A) in subsection (a), by inserting reasonably before require ; (B) in subsection (b)— (i) in paragraph (1), by striking making and inserting awarding ; and (ii) by striking paragraphs (2) through (6) and inserting the following: (2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State; (3) provide an assurance that— (A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) to annually assess in English all English learners who have been in the United States for 3 or more years; (B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G); (C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; (D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; (E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards described in section 1111(b)(1); (F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and (G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders; (4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; (5) describe how each eligible entity will be given the flexibility to teach English learners— (A) using a high quality, effective language instruction curriculum for teaching English learners; and (B) in the manner the eligible entities determine to be the most effective; (6) describe how the agency will assist eligible entities in meeting— (A) annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and (B) the challenging State academic standards described in section 1111(b)(1); (7) describe how the agency will assist eligible entities in decreasing the number of English learners who have not yet acquired English proficiency within 5 years of their initial classification as an English learner; (8) describe how the agency will ensure that the unique needs of the State’s population of English learners and immigrant children and youth are being addressed; and (9) describe how the agency will monitor and evaluate the progress of each eligible entity receiving funds under this part toward meeting the timelines and goals for English proficiency required under section 1111(c)(1)(K) and the steps the State will take to further assist eligible entities if such strategies funded under this part are not effective in making such progress and meeting academic goals established under section 1111(b)(3)(B)(i) for English learners, such as providing technical assistance and modifying such strategies. ; (C) in subsection (d)(2)(B), by striking part and inserting subpart ; and (D) in subsection (f), by striking , objectives, ; (4) in section 3114— (A) in subsection (a)— (i) by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and (ii) by striking limited English proficient children both places the term appears and inserting English learners ; and (B) in subsection (d)(1)— (i) by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and (ii) by striking preceding the fiscal year ; (5) by striking section 3115 and inserting the following: 3115. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards described in section 1111(b)(1). In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agency-wide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Direct administrative expenses Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Required subgrantee activities An eligible entity receiving funds under section 3114(a) shall use the funds— (1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and are based on high-quality research demonstrating success in increasing— (A) English language proficiency; and (B) student academic achievement; (2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, other school leaders, administrators, and other school or community-based organizational personnel, that is— (A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement appropriate curricula, assessment practices, and instruction strategies for English learners; (C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and (D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and (3) to provide and implement effective parent, family, and community engagement activities in order to enhance or supplement language instruction educational programs for English Learners. (d) Authorized subgrantee activities Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve 1 of the purposes described in subsection (a) by undertaking 1 or more of the following activities: (1) Upgrading program objectives and effective instruction strategies. (2) Improving the instruction program for English learners by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures. (3) Providing to English learners— (A) tutorials and academic or career and technical education; and (B) intensified instruction. (4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services. (5) Improving the English language proficiency and academic achievement of English learners. (6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families— (A) to improve the English language skills of English learners; and (B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children. (7) Improving the instruction of English learners, including English learners with a disability, by providing for— (A) the acquisition or development of educational technology or instructional materials; (B) access to, and participation in, electronic networks for materials, training, and communication; and (C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart. (8) Carrying out other activities that are consistent with the purposes of this section. (e) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— (A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children; (B) recruitment of, and support for personnel, including early childhood educators, teachers, paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds; (E) basic instruction services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instruction services; (F) other instruction services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion. (f) Selection of method of instruction (1) In general To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards described in section 1111(b)(1). (2) Consistency Such selection shall be consistent with sections 3124 through 3126. (g) Supplement, not supplant Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. ; (6) in section 3116— (A) in subsection (b), by striking paragraphs (1) through (6) and inserting the following: (1) describe the high-quality programs and activities proposed to be developed, implemented, and administered under the subgrant and how these activities will help English learners increase their English language proficiency and meet the challenging State academic standards described in section 1111(b)(1); (2) describe how the eligible entity will ensure elementary schools and secondary schools receiving funds under this subpart assist English learners in meeting— (A) annual timelines and goals for progress established under 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and (B) the challenging State academic standards described in section 1111(b)(1); (3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners; (4) describe how language instruction educational programs carried out under the subgrant will ensure that English learners being served by the programs develop English proficiency and demonstrate such proficiency through academic content mastery; (5) contain assurances that— (A) each local educational agency that is included in the eligible entity is complying with section 1112(d)(2) prior to, and throughout, each school year as of the date of application, and will continue to comply with such section throughout each school year for which the grant is received; (B) the eligible entity complies with any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126; (C) the eligible entity has based its proposed plan on high-quality research on teaching English learners; (D) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and (E) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers. ; (B) in subsection (c), by striking limited English proficient children and inserting English learners ; and (C) by striking subsection (d); (7) by striking section 3121 and inserting the following: 3121. Reporting (a) In general Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes— (1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years; (2) the number and percentage of English learners in the programs and activities who meet the annual State-determined goals for progress established under section 1111(c)(1)(K), including disaggregated, at a minimum, by— (A) long-term English learners; and (B) English learners with a disability; (3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(F) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G); (4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency; (5) the number and percentage of English learners meeting challenging State academic standards described in section 1111(b)(1) for each of the 2 years after such children are no longer receiving services under this part, including disaggregated, at a minimum, by— (A) long-term English learners; and (B) English learners with a disability; (6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner; and (7) any other information as the State educational agency may require. (b) Report A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement or programs and activities under this part. (c) Special rule for specially qualified agencies Each specially qualified agency receiving a grant under this part shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection. ; (8) in section 3122, as redesignated by section 3001(2)— (A) in subsection (a)— (i) by striking evaluations and inserting reports ; and (ii) by striking children who are limited English proficient and inserting English learners ; and (B) in subsection (b)— (i) in paragraph (1)— (I) by striking limited English proficient children and inserting English learners ; and (II) by striking children who are limited English proficient and inserting English learners ; (ii) in paragraph (4), by striking section 3111(b)(2)(C) and inserting section 3111(b)(2)(D) ; (iii) in paragraph (6), by striking major findings of scientifically based research carried out under this part and inserting findings of the evaluation related to English learners carried out under section 9601 ; (iv) in paragraph (8)— (I) by striking of limited English proficient children and inserting of English learners ; and (II) by striking into classrooms where instruction is not tailored for limited English proficient children ; and (v) in paragraph (9), by striking title and inserting part ; (9) in section 3123, as redesignated by section 3001(2)— (A) by striking children of limited English proficiency and inserting English learners ; and (B) by striking limited English proficient children and inserting English learners ; (10) in section 3124, as redesignated by section 3001(2)— (A) in paragraph (1), by striking limited English proficient children and inserting English learners ; and (B) in paragraph (2), by striking limited English proficient children and inserting English learners ; (11) in section 3128, as redesignated by section 3001(2), by striking limited English proficient children and inserting English learners ; (12) by striking section 3131 and inserting the following: 3131. National professional development project The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development, capacity building, or evidence-based activities that will improve classroom instruction for English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used— (1) for preservice or inservice effective professional development programs that will assist local schools and may assist institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness; (2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; (3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners; (4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs; (5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and (6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs to elementary school programs. ; and (13) by striking section 3141 and inserting the following: 3141. Definitions In this part— (1) the term eligible entity means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in collaboration with an institution of higher education, educational service agency, community-based organization, or a State educational agency; (2) the term English Learner with a disability means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act; and (3) the term long-term English learner means an English learner who has attended schools in the United States for not less than 5 years and who has not yet been exited from English learner status by the culmination of the fifth year of services. . 3004. Other provisions Part B of title III, as redesignated by section 3001(4), is amended— (1) in section 3201, as redesignated by section 3001(5)— (A) in paragraph (5)— (i) in subparagraph (A)— (I) in clause (i), by striking limited English proficient and inserting English learner ; and (II) in clause (ii), by inserting and after the semicolon; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B); and (B) in paragraph (8)(A), by striking a limited English proficient child and inserting an English learner ; (2) in section 3202, as redesignated by section 3001(5)— (A) in the matter preceding paragraph (1), by striking limited English proficient children and inserting English learners ; and (B) in paragraph (4)— (i) in subparagraph (A), by striking limited English proficient children and inserting English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners ; and (ii) in subparagraph (B), by striking limited English proficient children and inserting English learners ; and (3) in section 3203, as redesignated by section 3001(5)— (A) by striking limited English proficient individuals and inserting English learners ; and (B) by striking limited English proficient children and inserting English learners . IV Safe and healthy students 4001. General provisions Title IV ( 20 U.S.C. 7101 et seq. ) is amended— (1) by redesignating subpart 3 of part A as subpart 5 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to follow subpart 4 of part F of title IX, as redesignated by sections 2001 and 9106(1); (2) by redesignating section 4141 as section 9561; (3) by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536; (4) by redesignating part C as subpart 6 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to follow subpart 5 of part F of title IX, as redesignated by section 9106(1) and paragraph (1); (5) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and (6) by striking the title heading and inserting the following: IV Safe and healthy students . 4002. Grants to States and local educational agencies Part A of title IV ( 20 U.S.C. 7101 et seq. ) is amended to read as follows: A Grants to States and local educational agencies 4101. Purpose The purpose of this part is to improve students’ safety, health, well-being, and academic achievement during and after the school day by— (1) increasing the capacity of local educational agencies, schools, and local communities to improve conditions for learning through the creation of safe, healthy, supportive, and drug-free environments; (2) carrying out programs designed to improve school safety and promote students’ physical and mental health and well-being; (3) preventing and reducing substance use and abuse, school violence, harassment, and bullying; and (4) strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment. 4102. Definitions In this part: (1) Controlled substance The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (2) Drug The term drug includes controlled substances, the illegal use of alcohol or tobacco, and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (3) Drug and violence prevention The term drug and violence prevention means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the illegal use of drugs; and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (4) School-based mental health services provider The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such mental health services to children and adolescents, including children in early childhood education programs. (5) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 4103. Formula grants to States (a) Reservations From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— (1) not more than 5 percent for national activities, which the Secretary may carry out directly or through grants, contracts, or agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this part or conducting a national evaluation; (2) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; (3) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education; and (4) such funds as may be necessary for the Project School Emergency Response to Violence program (referred to as Project SERV ), which is authorized to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis, and which funds shall remain available for obligation until expended. (b) State allotments (1) Allotment (A) In general In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this part for any fiscal year and not reserved under subsection (a). (B) Determination of state allotment amounts Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of individuals, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. (2) Small state minimum No State receiving an allotment under paragraph (1) shall receive less than one-half of 1 percent of the total amount allotted under such paragraph. (3) Puerto rico The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph. (4) Reallotment If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to local educational agencies, which may include consortia of such agencies, under section 4104. (2) State administration A State educational agency shall use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this part. (3) State activities A State educational agency shall use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for activities and programs designed to meet the purposes of this part, which— (A) shall include— (i) providing training, technical assistance, and capacity building to local educational agencies that are recipients of a subgrant under section 4104, which may include identifying and disseminating best practices for professional development and capacity building for teachers, administrators, and specialized instructional support personnel in schools that are served by local educational agencies under this part; and (ii) publicly reporting on how funds made available under this part are being expended by local educational agencies under section 4104; and (B) may include— (i) identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this part, so that local educational agencies can better coordinate with other agencies, schools and community-based services and programs; (ii) assisting local educational agencies to expand access to or coordination of resources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs described in section 4105(a)(4); (iii) supporting programs and activities that offer a variety of well-rounded educational experiences to students; (iv) supporting activities that promote physical and mental health and well-being for students and staff; (v) designing and implementing a grant process for local entities that wish to use funds to reduce exclusionary discipline practices in elementary schools and secondary schools, in a manner consistent with State or federally identified best practices on the subject; and (vi) other activities identified by the State that meet the purposes of this part. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State educational agency will use funds received under this part for State-level activities. (B) A description of program objectives and outcomes for activities under this part. (C) An assurance that the State educational agency will review existing resources and programs across the State and will coordinate any new plans and resources under this part with such existing programs and resources. (D) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. (3) Annual report Each State receiving a grant under this part shall annually prepare and submit a report to the Secretary, which shall include— (A) how the State and local educational agencies used funds provided under this part; and (B) the degree to which the State and local educational agencies have made progress toward meeting the objectives and outcomes described in the plan submitted by the State under paragraph (2)(B). 4104. Subgrants to local educational agencies (a) Allocations to local educational agencies (1) In general A State that receives an allotment under this part for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies, which may include consortia of such agencies, in accordance with this section. (2) Funds to local educational agencies From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency or consortium of such agencies in the State an amount that bears the same relationship to such funds as the number of individuals aged 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency or consortium of such agencies may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Consultation (A) In general A local educational agency or consortium of such agencies shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, school leaders, specialized instructional support personnel, early childhood educators, students, community-based organizations, local government representatives, Indian tribes or tribal organizations (if applicable) that may be located in the region served by the local educational agency, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part. (B) Continued consultation On an ongoing basis, the local educational agency or consortium of such agencies shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best— (i) to improve the local activities in order to meet the purpose of this part; and (ii) to coordinate such activities under this part with other related strategies, programs, and activities being conducted in the community. (3) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served and of all schools within the jurisdiction of the local educational agency or agencies proposed to be served. (B) Requirements In conducting the needs assessment required under subparagraph (A), the local educational agency or consortium of such agencies shall take into account— (i) applicable and available school-level data on indicators or measures of school quality, climate and safety, and discipline, including those described in section 1111(d)(1)(C)(v); and (ii) risk factors in the community, school, family, or peer-individual domains that are known, through prospective, longitudinal research efforts, to be predictive of drug use, violent behavior, harassment, disciplinary issues, and having an effect on the physical and mental health and well-being of youth in the school and community. (4) Contents Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following: (A) The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section. (B) A description of the activities that the local educational agency or consortium of such agencies will carry out under this part and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). (C) A description of the performance indicators that the local educational agency or consortium of such agencies will use to evaluate the effectiveness of the activities carried out under this section. (D) An assurance that such activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. (E) An assurance that the local educational agency or consortium of such agencies will prioritize the distribution of funds to schools served by the local educational agency or consortium of such agencies that— (i) are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); (ii) have the highest percentages or numbers of children counted under section 1124(c); (iii) are identified under section 1114(a)(1)(A); or (iv) are identified as a persistently dangerous public elementary school or secondary school under section 9532. (F) An assurance that the local educational agency or consortium of such agencies will comply with section 9501 (regarding equitable participation by private school children and teachers). 4105. Local educational agency authorized activities (a) Local educational agency activities A local educational agency or consortium of such agencies that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs and may be conducted in partnership with nonprofit organizations with a demonstrated track-record of success in implementing activities, that are in accordance with the purpose of this part and— (1) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (2) are consistent with the principles of effectiveness described in subsection (b); (3) promote the involvement of parents in the activity or program, as appropriate; and (4) may include, among other programs and activities— (A) drug and violence prevention activities and programs, including professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, and intervention mentoring, and, where appropriate, rehabilitation referral, as related to drug and violence prevention; (B) programs that support extended learning opportunities, including before and after school programs and activities, programs during summer recess periods, and expanded learning time; (C) in accordance with subsections (c) and (d), school-based mental health services, including early identification of mental-health symptoms, drug use and violence, and appropriate referrals to direct individual or group counseling services provided by qualified school or community-based mental health services providers; (D) in accordance with subsections (c) and (d), school-based mental health services partnership programs that— (i) are conducted in partnership with a public or private mental-health entity or health care entity, which may also include a child welfare agency, family-based mental health entity, trauma network, or other community-based entity; and (ii) provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are based on trauma-informed and evidence practices, are coordinated (where appropriate) with early intervening services carried out under the Individuals with Disabilities Education Act, are provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise, and may include— (I) the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (II) notwithstanding section 4107, the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (III) the development and implementation of programs to assist children in dealing with trauma and violence; and (IV) the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (E) emergency planning and intervention services following traumatic crisis events; (F) programs that train school personnel to identify warning signs of youth drug abuse and suicide; (G) mentoring programs and activities for children who are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, drug use and abuse, or who lack strong positive role models; (H) early childhood, elementary school, and secondary school counseling programs, including college and career guidance programs, such as financial literacy and Federal financial aid awareness efforts; (I) programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for early childhood, elementary school, and secondary school students; (J) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; (K) programs and activities that offer a variety of well-rounded educational experience for students, such as those that— (i) use music and the arts as tools to promote constructive student engagement, problem solving, and conflict resolution; or (ii) further students’ understanding of and knowledge in computer science from elementary school through secondary school; (L) systems of high-capacity, integrated student supports; (M) strategies that establish learning environments to further students’ academic and nonacademic skills essential for school readiness and academic success, such as by providing integrated systems of student and family supports and building teacher, principal, and other school leader capacity; (N) bullying and harassment prevention programs or activities, including professional development and training for school and specialized instructional support personnel in the prevention, early identification, and early intervention, as related to bullying and harassment; (O) programs or activities designed to increase school safety and climate, including conflict resolution practices, crisis management techniques, and other school-based violence prevention strategies; (P) pay for success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; and (Q) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that will increase student achievement and otherwise meet the purpose of this part. (b) Principles of effectiveness (1) In general For a program or activity developed or carried out under this part to meet the principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the early childhood, elementary school, secondary school, or community to be served to— (i) improve school safety and promote students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness; and (ii) strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; (B) be based upon established State requirements and evidence-based criteria aimed at ensuring a healthy, safe, and supportive school environment for students in the early childhood, elementary school, secondary school, or community that will be served by the program; and (C) include meaningful and ongoing consultation with and input from teachers, principals, school leaders, and parents in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic independent, third party evaluation to assess the extent to which the program or activity has helped the local educational agency or school provide students with a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being. (B) Use of results The local educational agency or consortium of such agencies shall ensure that the results of the periodic evaluations described under subparagraph (A) are— (i) used to refine, improve, and strengthen the program or activity, and to refine locally determined criteria described under paragraph (1)(B); and (ii) made available to the public and the State. (3) Prohibition Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control, the principles of effectiveness developed or utilized by a local educational agency under this subsection. (c) Parental consent (1) In general Each local educational agency receiving a subgrant under this part shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment service or treatment that is funded under this part and conducted in connection with an elementary school or secondary school under this part. (2) Exception Notwithstanding paragraph (1), the written, informed consent described in such paragraph shall not be required in— (A) an emergency, where it is necessary to protect the immediate health and safety of the student, other students, or school personnel; or (B) other instances where parental consent cannot be reasonably obtained, as defined by the Secretary. (d) Privacy Each local educational agency receiving a subgrant under this part shall ensure that student mental health records are accorded the privacy protections provided under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g )(commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). 4106. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part. 4107. Prohibitions (a) Prohibited use of funds No funds under this part may be used for— (1) construction; or (2) medical services or drug treatment or rehabilitation, except for integrated student supports or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. (b) Prohibition on mandatory medication No child shall be required to obtain a prescription for a substance covered by the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) as a condition of receiving an evaluation, services, or attending a school receiving assistance under this part. 4108. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 4003. 21st century community learning centers (a) Program authorized Part B of title IV ( 20 U.S.C. 7171 et seq. ) is amended to read as follows: B 21st century community learning centers 4201. Purpose; definitions (a) Purpose The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that— (1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet challenging State academic standards described in section 1111(b)(1); (2) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, art, music, physical fitness and wellness programs, technology education programs, financial literacy programs, math, science, career and technical programs, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students; and (3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. (b) Definitions In this part: (1) Community learning center The term community learning center means an entity that— (A) assists students to meet challenging State academic standards described in section 1111(b)(1) by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that— (i) reinforce and complement the regular academic programs of the schools attended by the students served; and (ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and (B) offers families of students served by such center opportunities for literacy, and related educational development and opportunities for active and meaningful engagement in their children’s education. (2) Covered program The term covered program means a program for which — (A) the Secretary made a grant under part B of title IV (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015); and (B) the grant period had not ended on that date of enactment. (3) Eligible entity The term eligible entity means a local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act ( 25 U.S.C. 450b )), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. (4) External organization The term external organization means— (A) a nonprofit organization with a record of success in running or working with after school programs; or (B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a formal agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance. (5) Rigorous peer-review process The term rigorous peer-review process means a process by which— (A) employees of a State educational agency who are familiar with the 21st century community learning center program under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; (B) the State educational agency selects peer reviewers for such applications, who shall— (i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and (ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and (C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205. (6) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 4202. Allotments to states (a) Reservation From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve— (1) such amounts as may be necessary to make continuation awards to grant recipients under covered programs (under the terms of those grants); (2) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a national evaluation; and (3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part. (b) State allotments (1) Determination From the funds appropriated under section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. (2) Reallotment of unused funds If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this part. (c) State use of funds (1) In general Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. (2) State administration A State educational agency may use not more than 2 percent of the amount made available to the State under subsection (b) for— (A) the administrative costs of carrying out its responsibilities under this part; (B) establishing and implementing a rigorous peer-review process for grant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and (C) awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). (3) State activities A State educational agency may use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities: (A) Monitoring and evaluation of programs and activities assisted under this part. (B) Providing capacity building, training, and technical assistance under this part. (C) Comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under this part. (D) Providing training and technical assistance to eligible entities who are applicants for or recipients of awards under this part. (E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the program with State academic standards. (F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. (G) Working with teachers, principals, parents, the local workforce, the local community, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs under this part. (H) Coordinating funds received under this part with other Federal and State funds to implement high-quality programs. (I) Providing a list of prescreened external organizations, as described in section 4203(a)(11). 4203. State application (a) In general In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— (1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities; (3) contains an assurance that the State educational agency— (A) will make awards under this part to eligible entities that serve students who primarily attend schools that have been identified under section 1114(a)(1)(A) and other schools determined by the local educational agency to be in need of intervention and support and the families of such students; and (B) will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i); (4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet State and local content and student academic achievement standards; (5) describes how the State educational agency will ensure that awards made under this part are— (A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and (B) in amounts that are consistent with section 4204(h); (6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content areas as well as youth development; (7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; (8) contains an assurance that the State educational agency— (A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and (B) will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends; (9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs; (10) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed; (11) describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this part, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; (12) provides— (A) an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before and after school (or summer school) programs, the heads of the State health and mental health agencies or their designees, statewide after school networks (where applicable) and representatives of teachers, local educational agencies, and community-based organizations; and (B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; (13) describes the results of the State's needs and resources assessment for before and after school activities, which shall be based on the results of on-going State evaluation activities; (14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— (A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— (i) are able to track student success and improvement over time; (ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and (iii) for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities; (B) a description of how data collected for the purposes of subparagraph (A) will be collected; and (C) public dissemination of the evaluations of programs and activities carried out under this part; and (15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. (b) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. (c) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and opportunity for a hearing. (d) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (e) Response If the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (b). (f) Failure To Respond If the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. (g) Limitation The Secretary may not impose a priority or preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day. 4204. Local competitive grant program (a) In General (1) Community learning centers A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to eligible entities for community learning centers in accordance with this part. (2) Expanded learning program activities A State that receives funds under this part for a fiscal year may also use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that— (A) are included as part of an expanded learning program that provide students at least 300 additional program hours before, during, or after the traditional school day; (B) supplement but do not supplant school day requirements; and (C) are awarded to entities that meet the requirements of subsection (i). (b) Application (1) In general To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the activities to be funded, including— (i) an assurance that the program will take place in a safe and easily accessible facility; (ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and (iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible; (B) a description of how such activities are expected to improve student academic achievement as well as overall student success; (C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources; (D) an assurance that the proposed program was developed, and will be carried out— (i) in active collaboration with the schools the students attend (including through the sharing of relevant student data among the schools), all participants in the eligible entity, and any partnership entities described in subparagraph (H), while complying with applicable laws relating to privacy and confidentiality; and (ii) in alignment with State and local content and student academic achievement standards; (E) a description of how the activities will meet the principles of effectiveness described in section 4205(b); (F) an assurance that the program will target students who primarily attend schools eligible for schoolwide programs under section 1114 and the families of such students; (G) an assurance that funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds; (H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate; (I) an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families); (J) a demonstration that the eligible entity will use best practices, including research or evidence-based practices, to provide educational and related activities that will complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students; (K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends; (L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; (M) if the eligible entity plans to use volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as the volunteers; and (N) such other information and assurances as the State educational agency may reasonably require. (c) Approval of certain applications The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school. (d) Permissive local match (1) In general A State educational agency may require an eligible entity to match funds awarded under this part, except that such match may not exceed the amount of the grant award and may not be derived from other Federal or State funds. (2) Sliding scale The amount of a match under paragraph (1) shall be established based on a sliding fee scale that takes into account— (A) the relative poverty of the population to be targeted by the eligible entity; and (B) the ability of the eligible entity to obtain such matching funds. (3) In-kind contributions Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions. (4) Consideration Notwithstanding this subsection, a State educational agency shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive awards under this part. (e) Peer review In reviewing local applications under this part, a State educational agency shall use a rigorous peer-review process or other methods of assuring the quality of such applications. (f) Geographic diversity To the extent practicable, a State educational agency shall distribute funds under this part equitably among geographic areas within the State, including urban and rural communities. (g) Duration of awards Grants under this part shall be awarded for a period of not less than 3 years and not more than 5 years. (h) Amount of awards A grant awarded under this part may not be made in an amount that is less than $50,000. (i) Priority (1) In general In awarding grants under this part, a State educational agency shall give priority to applications— (A) proposing to target services to— (i) students who primarily attend schools that— (I) have been identified under section 1114(a) and other schools determined by the local educational agency to be in need of intervention and support to improve student academic achievement and other outcomes; and (II) enroll students who may be at risk for academic failure, dropping out of school, involvement in criminal or delinquent activities, or who lack strong positive role models; and (ii) the families of students described in clause (i); (B) submitted jointly by eligible entities consisting of not less than 1— (i) local educational agency receiving funds under part A of title I; and (ii) another eligible entity; and (C) demonstrating that the activities proposed in the application— (i) are, as of the date of the submission of the application, not accessible to students who would be served; or (ii) would expand accessibility to high-quality services that may be available in the community. (2) Special rule The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part. (3) Limitation A State educational agency may not impose a priority or preference for eligible entities that seek to use funds made available under this part to extend the regular school day. (j) Renewability of awards A State educational agency may renew a grant provided under this part to an eligible entity, based on the eligible entity’s performance during the original grant period. 4205. Local activities (a) Authorized activities Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achievement and support student success, including— (1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with— (A) State and local content and student academic achievement standards; and (B) local curricula that are designed to improve student academic achievement; (2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; (3) literacy education programs, including financial literacy programs; (4) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs; (5) services for individuals with disabilities; (6) programs that provide after school activities for students who are English learners that emphasize language skills and academic achievement; (7) cultural programs; (8) telecommunications and technology education programs; (9) expanded library service hours; (10) parenting skills programs that promote parental involvement and family literacy; (11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; (12) drug and violence prevention programs and counseling programs; (13) programs that build skills in science, technology, engineering and mathematics (referred to in this paragraph as STEM ) and that foster innovation in learning by supporting nontraditional STEM education teaching methods; and (14) programs that partner with in-demand fields of the local workforce or build career competencies and career readiness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act. (b) Measures of effectiveness (1) In general For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 4203(a)(14), such program or activity shall— (A) be based upon an assessment of objective data regarding the need for before and after school programs (including during summer recess periods) and activities in the schools and communities; (B) be based upon an established set of performance measures aimed at ensuring the availability of high quality academic enrichment opportunities; (C) if appropriate, be based upon evidence-based research that provides evidence that the program or activity will help students meet the State and local student academic achievement standards; (D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and (E) collect the data necessary for the measures of student success described in subparagraph (D). (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program's progress toward achieving the goal of providing high quality opportunities for academic enrichment and overall student success. (B) Use of results The results of evaluations under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; (ii) made available to the public upon request, with public notice of such availability provided; and (iii) used by the State to determine whether a grant is eligible to be renewed under section 4204(j). 4206. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . (b) Transition The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award. 4004. Elementary school and secondary school counseling programs Title IV ( 20 U.S.C. 7101 et seq. ), as amended by section 4001, is further amended by inserting after part B the following: C Elementary school and secondary school counseling programs 4301. Elementary school and secondary school counseling programs (a) Grants authorized (1) In general The Secretary is authorized to award grants to eligible entities to enable such agencies to establish or expand elementary school and secondary school counseling programs that comply with the requirements of subsection (c). (2) Special consideration In awarding grants under this section, the Secretary shall— (A) give special consideration to applications describing programs that— (i) demonstrate the greatest need for new or additional counseling services among children in the schools served by the eligible entity, in part by providing information on current ratios, as of the date of application for a grant under this section, of students to school counselors, students to school social workers, and students to school psychologists; (ii) propose promising and innovative approaches for initiating or expanding school counseling; and (iii) show strong potential for replication and dissemination; and (B) give priority to— (i) schools that serve students in rural and remote areas; (ii) schools in need of improvement and schools that are the persistently lowest achieving schools; or (iii) schools with a high percentage of students aged 5 through 17 who— (I) are in poverty, as counted in the most recent census data approved by the Secretary; (II) are eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (III) are in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or (IV) are eligible to receive medical assistance under the Medicaid program. (3) Equitable distribution In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among eligible entities located in urban, rural, and suburban areas. (4) Duration A grant under this section shall be awarded for a period not to exceed 3 years. (5) Maximum grant A grant awarded under this section shall not exceed $400,000 for any fiscal year. (b) Applications (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents Each application for a grant under this section shall— (A) describe the school population to be targeted by the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs; (B) include the information described in subparagraphs (B) through (D) of section 4104(b)(4), with respect to the grant under this part; (C) document that the eligible entity has personnel qualified to develop, implement, and administer the program; and (D) document how the eligible entity will engage in meaning consultation with parents and families in the development of such program. (c) Use of funds Each eligible entity receiving a grant under this part shall use grant funds to develop, implement, and evaluate comprehensive, evidence-based, school counseling programs through activities which incorporate evidence-based practices, such as— (1) the implementation of a comprehensive school counseling program to meet the counseling and educational needs of all students; (2) increasing the range, availability, quantity, and quality of counseling services, provided by qualified school counselors, school psychologists, school social workers, and other qualified school-based mental health service providers, in the elementary schools and secondary schools of the eligible entity; (3) the implementation of innovative approaches to increase children’s understanding of peer and family relationships, peer and family interaction, work and self, decisionmaking, or academic and career planning; (4) the implementation of academic, postsecondary education and career planning programs; (5) the initiation of partnerships with community groups, social service agencies, or other public or private non-profit entities in collaborative efforts to enhance the program and promote school-linked integration of services, as long as the eligible entity documents how such partnership supplements, not supplants, existing school-employed school-based mental health service providers and services, in accordance with subsection (f); (6) the implementation of a team approach to school counseling in the schools served by the eligible entity by working toward ratios of school counselors, school social workers, and school psychologists to students recommended to enable such personnel to effectively address the needs of students; and (7) any other activity determined necessary by the eligible entity that meets the purpose of this part (d) Limitation on administrative costs Not more than 4 percent of the amounts made available under this section for any fiscal year may be used for administrative costs to carry out this section. (e) Report Not later than 2 years after assistance is made available to eligible entities under subsection (a), the Secretary shall make publicly available a report— (1) evaluating the programs assisted pursuant to each grant under this section; and (2) outlining the information from eligible entities regarding the ratios of students to— (A) school counselors; (B) school social workers; and (C) school psychologists. (f) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing school-based counseling and mental health services to students. (g) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency; (B) an educational service agency serving more than 1 local educational agency; or (C) a consortium of local educational agencies. (2) School-based mental health service provider The term school-based mental health service provider has the meaning given the term in section 4102. (3) School counselor The term school counselor means an individual who meets the criteria for licensure or certification as a school counselor in the State where the individual is employed. (4) School psychologist The term school psychologist means an individual who is licensed or certified in school psychology by the State in which the individual is employed. (5) School social worker The term school social worker means an individual who is licensed or certified as a school social worker for the State in which the individual is employed. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. . 4005. Physical education program Title IV ( 20 U.S.C. 7101 et seq. ), as amended by sections 4001 and 4004, is further amended by adding at the end the following: D Physical education program 4401. Purpose The purpose of this part is to award grants and contracts to initiate, expand, and improve physical education programs for all students in kindergarten through grade 12. 4402. Program authorized (a) Authorization From amounts made available to carry out this part, the Secretary is authorized to award grants or contracts to local educational agencies and community-based organizations to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for students in kindergarten through grade 12, by— (1) providing materials and support to enable students to participate actively in physical education activities; and (2) providing funds for staff and teacher training and education relating to physical education. (b) Program elements A physical education program that receives assistance under this part may provide for 1 or more of the following: (1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. (3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (4) Opportunities to develop positive social and cooperative skills through physical activity participation. (5) Instruction in healthy eating habits and good nutrition. (6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. (c) Special rule For purposes of this part, extracurricular activities, such as team sports and Reserve Officers' Training Corps program activities, shall not be considered as part of the curriculum of a physical education program assisted under this part. 4403. Applications (a) Submission Each local educational agency or community-based organization desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. (b) Private school and home-schooled students An application for a grant or contract under this part may provide for the participation, in the activities funded under this part, of— (1) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or (2) home-schooled students, and their parents and teachers. 4404. Requirements (a) Annual report to the Secretary In order to continue receiving funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency or community-based organization shall submit to the Secretary an annual report that— (1) describes the activities conducted during the preceding year; and (2) demonstrates that progress has been made toward meeting State standards for physical education. (b) Administrative expenses Not more than 5 percent of the funds made available under this part to a local educational agency or community-based organization for any fiscal year may be used for administrative expenses. 4405. Administrative provisions (a) Federal share The Federal share under this part may not exceed— (1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this part; and (2) 75 percent of such cost for the second and each subsequent such year. (b) Proportionality To the extent practicable, the Secretary shall ensure that grants awarded under this part shall be equitably distributed among local educational agencies, and community-based organizations, serving urban and rural areas. (c) Report to Congress Not later than June 1, 2017, the Secretary shall submit a report to Congress that— (1) describes the programs assisted under this part; (2) documents the success of such programs in improving physical fitness; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. (d) Availability of funds Amounts made available to the Secretary to carry out this part shall remain available until expended. 4406. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities. 4407. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . V Empowering parents and expanding opportunity through innovation 5001. General provisions Title V ( 20 U.S.C. 7201 et seq. ) is amended— (1) by striking the title heading and inserting Empowering Parents and Expanding Opportunity Through Innovation ; (2) by striking part A; (3) by striking subparts 2 and 3 of part B; (4) by striking part D; (5) by redesignating parts B and C as parts A and B, respectively; (6) in part A, as redesignated by paragraph (5), by striking Subpart 1—Charter School Programs ; (7) by redesignating sections 5201 through 5211 as sections 5101 through 5111, respectively; (8) by redesignating sections 5301 through 5307 as sections 5201 through 5207, respectively; (9) by striking sections 5308 and 5310; and (10) by redesignating sections 5309 and 5311 as sections 5208 and 5209, respectively. 5002. Public charter schools Part A of title V ( 20 U.S.C. 7221 et seq. ), as redesignated by section 5001(5), is amended— (1) by striking sections 5101 through 5105, as redesignated by section 5001(7), and inserting the following: 5101. Purpose It is the purpose of this part to— (1) provide financial assistance for the planning, program design, and initial implementation of charter schools; (2) increase the number of high-quality charter schools available to students across the United States; (3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices among charter schools and other public schools; (4) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (5) expand opportunities for children with disabilities, students who are English learners, and other traditionally underserved students to attend charter schools and meet the challenging State academic standards under section 1111(b)(1); and (6) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, including financial audits, and evaluation of such schools. 5102. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve early childhood, elementary school, and secondary school students by— (1) supporting the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (B) the dissemination of best practices of charter schools for all schools; (C) the evaluation of the impact of the charter school program under this part on schools participating in such program; and (D) stronger charter school authorizing. (b) Funding allotment From the amount made available under section 5111 for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 5104; (2) reserve not less than 25 percent to carry out national activities under section 5105; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5103. (c) Prior grants and subgrants The recipient of a grant or subgrant under this part (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. 5103. Grants to support high-quality charter schools (a) State entity defined For purposes of this section, the term State entity means— (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. (b) Program authorized From the amount available under section 5102(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— (1) award subgrants to eligible applicants to enable such eligible applicants to— (A) open new charter schools; (B) replicate high-quality charter school models; or (C) expand high-quality charter schools; and (2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1), and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for and conducting fiscal oversight and auditing of charter schools. (c) State entity uses of funds (1) In general A State entity receiving a grant under this section shall— (A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (b)(1); (B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and (C) reserve not more than 3 percent of such funds for administrative costs, which may include the administrative costs of providing technical assistance. (2) Contracts and grants A State entity may use a grant received under this section to carry out the activities described in paragraph (1)(A) directly or through grants, contracts, or cooperative agreements. (3) Rules of construction (A) Use of lottery mechanisms Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or State entities from awarding subgrants to eligible applicants, that use a weighted lottery, or an equivalent lottery mechanism, to give better chances for school admission to all or a subset of educationally disadvantaged students if— (i) the use of a weighted lottery in favor of such students is not prohibited by State law, and such State law is consistent with the laws described in section 5110(2)(G); and (ii) such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students. (B) Students with special needs Nothing in this paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writing. (d) Program periods; peer review; distribution of subgrants; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for one additional 2-year period. (B) Subgrants A subgrant awarded by a State entity under this section— (i) shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design; and (ii) may be renewed by the State entity for one additional 2-year period. (2) Peer review The Secretary, and each State entity awarding subgrants under this section, shall use a peer-review process to review applications for assistance under this section. (3) Distribution of subgrants Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) prioritize eligible applicants that plan to serve a significant number of students from low-income families; (B) are distributed throughout different areas, including urban, suburban, and rural areas; and (C) will assist charter schools representing a variety of educational approaches. (4) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority under this Act with respect to charter schools supported under this part, except any such requirement relating to the elements of a charter school described in section 5110(2), if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such waiver will promote the purposes of this part. (e) Limitations (1) Grants A State entity may not receive more than 1 grant under this section at a time. (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for each grant period or renewal period, unless the eligible applicant demonstrates to the State entity that such individual charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs (A) and (D) of section 5110(8). (f) Applications A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) Description of program A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the State entity will— (i) support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools, including the proposed number of charter schools to be opened, replicated, or expanded under the State entity’s program; (ii) inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iv) in the case of a State entity that is not a State educational agency— (I) work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (II) work with the State educational agency to operate the State entity’s program under this section, if applicable; (v) ensure each eligible applicant that receives a subgrant under the State entity’s program— (I) is opening or expanding schools that meet the definition of a charter school under section 5110; and (II) is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available; (vi) support charter schools in local educational agencies with schools that have been identified by the State under section 1114(a)(1)(A); (vii) work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school; (viii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to attend charter schools; (ix) share best and promising practices among charter schools and other public schools; (x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including children with disabilities and students who are English learners; and (xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D); (B) a description of how the State will actively monitor and hold authorized public chartering agencies accountable to ensure high-quality authorizing activity, including by establishing authorizing standards and by approving, reapproving, and revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes; (C) a description of the extent to which the State entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools; and (iii) will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school receiving funds under the State entity’s charter school program under this section; (D) a description of how the State entity will award subgrants, on a competitive basis, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— (I) a description of the roles and responsibilities of eligible applicants, and of any charter management organizations or other organizations with which the eligible applicant will partner to open charter schools, including the administrative and contractual roles and responsibilities of such partners; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, financial audits to ensure adequate fiscal oversight, and how a school’s performance on the State’s accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revocation of the school’s charter; (III) a description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 5110; and (IV) a description of the eligible applicant’s planned activities and expenditures of subgrant funds for purposes of opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, and how the eligible applicant will maintain fiscal sustainability after the end of the subgrant period; and (ii) a description of how the State entity will review applications from eligible applicants; (E) in the case of a State entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; and (F) a description of how the State entity will help the charter schools receiving funds under the State entity’s program address the transportation needs of the schools’ students. (2) Assurances Assurances that— (A) each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; (B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x); (C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (i) ensures that the charter school under the authority of such agency is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (ii) adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and students who are English learners; (D) the State entity will promote quality authorizing, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by— (i) using annual performance data, which may include graduation rates and student academic growth data, as appropriate, to measure a school’s progress toward becoming a high-quality charter school; (ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and (iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; and (E) the State entity will ensure that each charter school in the State makes publicly available, consistent with the dissemination requirements of the annual State report card, including on the website of the school, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, parent contract requirements (as applicable), including any financial obligations or fees, enrollment criteria (as applicable), and annual performance and enrollment data for each of the categories of students, as defined in section 1111(b)(3)(A). (3) Requests for waivers (A) Federal statute and regulation A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section. (B) State and local rules A description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request necessary waivers, if applicable. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— (A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law; (B) the proposed number of new charter schools to be opened, and, if applicable, the number of high-quality charter schools to be replicated or expanded under the program, and the number of new students to be served by such schools; (C) the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school’s students and progress toward becoming high-quality charter schools; and (D) the quality of the State entity’s plan to— (i) monitor the eligible applicants receiving subgrants under the State entity’s program; (ii) provide technical assistance and support for— (I) the eligible applicants receiving subgrants under the State entity’s program; and (II) quality authorizing efforts in the State. (2) Priority In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: (A) The State entity is located in a State that— (i) allows at least one entity that is not the local educational agency to be an authorized public chartering agency for each developer seeking to open a charter school in the State; or (ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures that charter schools receive equitable financing, as compared to traditional public schools, in a prompt manner. (C) The State entity is located in a State that provides charter schools one or more of the following: (i) Funding for facilities. (ii) Assistance with facilities acquisition. (iii) Access to public facilities. (iv) The ability to share in bonds or mill levies. (v) The right of first refusal to purchase public school buildings. (vi) Low- or no-cost leasing privileges. (D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (F) The State entity ensures that each charter school has a high degree of autonomy over the charter school’s budget and operations, including autonomy over personnel decisions. (G) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, which may include— (1) supporting the acquisition, expansion, or preparation of a charter school building to meet increasing enrollment needs, including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations; (2) paying costs associated with hiring additional teachers to serve additional students; (3) providing transportation to students to and from the charter school; (4) providing instructional materials, implementing teacher and principal or other school leader professional development programs, and hiring additional nonteaching staff; (5) supporting any necessary activities that assist the charter school in carrying out this section, such as preparing individuals to serve as members of the charter school’s board; and (6) providing early childhood education programs for children, including direct support to, and coordination with school- or community-based early childhood education programs. (i) Reporting requirements Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the grant period. (2) The number and amount of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The replication of high-quality charter schools. (C) The expansion of high-quality charter schools. (3) The progress the State entity made toward meeting the priorities described in subparagraphs (E) through (G) of subsection (g)(2). (4) A description of— (A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; (B) how the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that receive subgrant funds, if applicable; and (C) how each recipient of a subgrant under this section uses the subgrant funds on early childhood education programs described in subsection (h)(6), if such recipient chooses to use such funds on such programs. 5104. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5102(b)(1), the Secretary shall use not less than 50 percent to award not less than 3 grants, on a competitive basis, to eligible entities that have the highest-quality applications approved under subsection (d) to demonstrate innovative methods of helping charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined For the purposes of this section, the term eligible entity means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities that the eligible entity proposes to carry out with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding that charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or more of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and which are necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools in accomplishing the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection. (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with this subsection. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of the entity’s operations and activities under this section. (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities carried out by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection. (2) Exercise of authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5102(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations, and such organizations may provide not more than 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant In accordance with the method of determination described in section 1117, funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special rule A State that is required under State law to provide its charter schools with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 5105. National activities (a) In general From the amount reserved under section 5102(b)(2), the Secretary shall— (1) use not less than 80 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5103(b)(1)(A); (B) disseminate best practices regarding public charter schools; (C) evaluate the impact of the charter school program carried out under this part, including the impact on student achievement; and (D) award grants, on a competitive basis, for the purpose of carrying out the activities described in section 5103(h), to eligible applicants that desire to open a charter school, replicate a high-quality charter school, or expand a high-quality charter school in— (i) a State that did not apply for a grant under section 5103; or (ii) a State that did not receive a grant under section 5103. (b) Grants for the replication and expansion of high-quality charter schools The Secretary shall make grants, on a competitive basis, to eligible entities having applications approved under paragraph (2) to enable such entities to replicate a high-quality charter school or expand a high-quality charter school. (1) Definition of eligible entity For purposes of this subsection, the term eligible entity means— (A) a charter management organization that, at the time of the application, operates or manages one or more high-quality charter schools; or (B) a nonprofit organization that oversees and coordinates the activities of a group of such charter management organizations. (2) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) A description of the eligible entity’s objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools to be replicated or expanded with funding under this subsection. (B) A description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet the challenging State academic standards under section 1111(b)(1), the grade levels or ages of students that will be served, and the instructional practices that will be used. (C) A multi-year financial and operating model for the eligible entity, including a description of how the operation of the charter schools to be replicated or expanded will be sustained after the grant under this subsection has ended. (D) A description of how the eligible entity will inform all students in the community, including children with disabilities, students who are English learners, and other educationally disadvantaged students, about the charter schools to be replicated or expanded with funding under this subsection. (E) For each charter school currently operated or managed by the eligible entity— (i) student assessment results for all students and for each category of students described in section 1111(b)(2)(B)(xi); and (ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort and extended-year adjusted cohort secondary school graduation rates (as such rates were calculated on the day before enactment of the Every Child Achieves Act of 2015). (F) Information on any significant compliance issues encountered, within the last 3 years, by any school operated or managed by the eligible entity, including in the areas of student safety and financial management. (G) A request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of the charter schools to be replicated or expanded with funding under this subsection. (3) Selection criteria The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (2), after taking into consideration such factors as— (A) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for all students attending the charter schools the eligible entity operates or manages; (B) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for each of the categories of students, as defined in section 1111(b)(3)(A); (C) the quality of the eligible entity’s financial and operating model as described under paragraph (2)(C), including the quality of the eligible entity’s plan for sustaining the operation of the charter schools to be replicated or expanded after the grant under this subsection has ended; (D) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that— (i) have been closed; (ii) have had a school charter revoked due to problems with statutory or regulatory compliance; or (iii) have had the school’s affiliation with the eligible entity revoked; and (E) a determination that the eligible entity has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter. (4) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that operate or manage charter schools that, in the aggregate, serve students at least 60 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act. (5) Terms and conditions Except as otherwise provided in this subsection, grants awarded under subsection (a)(2)(D) and this subsection shall have the same terms and conditions as grants awarded to State entities under section 5103. ; (2) in section 5106 ( 20 U.S.C. 7221e ), as redesignated by section 5001(7), by adding at the end the following: (c) New or significantly expanding charter schools For purposes of implementing the hold harmless protections in sections 1122(c) and 1125A(g)(3) for a newly opened or significantly expanded charter school under subsection (a), a State educational agency shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school. ; (3) in section 5108 ( 20 U.S.C. 7221g ), as redesignated by section 5001(7), by inserting as quickly as possible and before to the extent practicable ; (4) in section 5110 ( 20 U.S.C. 7221i ), as redesignated by section 5001(7)— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (5), and (6), respectively; (B) by redesignating paragraph (4) as paragraph (1), and moving such paragraph so as to precede paragraph (2), as redesignated by subparagraph (A); (C) in paragraph (2), as redesignated by subparagraph (A)— (i) in subparagraph (G), by striking , and part B and inserting , the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), and part B ; (ii) by striking subparagraph (H) and inserting the following: (H) is a school to which parents choose to send their children, and which— (i) admits students on the basis of a lottery, if more students apply for admission than can be accommodated; or (ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); ; (iii) by striking subparagraph (I) and inserting the following: (I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State; ; (iv) in subparagraph (K), by striking and at the end; (v) in subparagraph (L), by striking the period at the end and inserting ; and ; and (vi) by adding at the end, the following: (M) may serve students in early childhood education programs or postsecondary students. ; (D) by inserting after paragraph (2), as redesignated by subparagraph (A), the following: (3) Charter management organization The term charter management organization means a nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources. (4) Charter school support organization The term charter school support organization means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide basis— (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to operating charter schools. ; (E) in paragraph (6)(B), as redesignated by subparagraph (A), by striking under section 5203(d)(3) ; and (F) by adding at the end the following: (7) Expansion of a high-quality charter school The term expansion of a high-quality charter school means increasing the enrollment at a high-quality charter school by not less than 50 percent or adding 2 or more grades to a high-quality charter school. (8) High-quality charter school The term high-quality charter school means a charter school that— (A) shows evidence of strong academic results, which may include strong student academic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the categories of students, as defined in section 1111(b)(3)(A), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (9) Replication of a high-quality charter school The term replication of a high-quality charter school means the opening of a charter school— (A) under an existing charter or an additional charter, if permitted by State law; (B) based on the model of a high-quality charter school; and (C) that will be operated or managed by the same nonprofit organization that operates or manages such high-quality charter school under an existing charter. ; and (5) by striking section 5111 ( 20 U.S.C. 7221j ), as redesignated by section 5001(7), and inserting the following: 5111. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5003. Magnet schools assistance Part B of title V ( 20 U.S.C. 7231 et seq. ), as redesignated by section 5001(5), is amended— (1) in section 5201(b), as redesignated by section 5001(8)— (A) in paragraph (1)— (i) by inserting and the increase of socioeconomic integration before in elementary schools and secondary schools ; and (ii) by inserting low-income and before minority students ; (B) in paragraph (2)— (i) by striking and implementation and inserting , implementation, and expansion ; and (ii) by striking content standards and student academic achievement standards and inserting standards under section 1111(b)(1) ; (C) in paragraph (3), by striking and design and inserting , design, and expansion ; (D) in paragraph (4), by striking vocational and inserting career ; and (E) in paragraph (6), by striking productive employment and inserting to enter into the workforce without the need for postsecondary education ; (2) in section 5202, as redesignated by section 5001(8), by striking backgrounds and inserting , ethnic, and socioeconomic backgrounds ; (3) in section 5205(b), as redesignated by section 5001(8)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting any available evidence on before how the proposed magnet school programs ; (ii) in subparagraph (B), by inserting , including any evidence available to support such description before the semicolon; (iii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (iv) by inserting after subparagraph (C) the following: (D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student achievement and integration; ; and (B) in paragraph (2)— (i) in the manner preceding subparagraph (A), by striking will ; (ii) in subparagraph (A)— (I) by inserting will before use grant funds ; and (II) by striking section 5301(b) and inserting section 5201(b) ; (iii) in subparagraph (B), by striking employ highly qualified and inserting will employ effective ; (iv) in subparagraph (C), by striking not engage in and inserting is not currently engaging in and will not engage in ; (v) in subparagraph (D), by inserting will before carry out; and (vi) in subparagraph (E), by inserting will before give students ; (4) in section 5206, as redesignated by section 5001(8), by striking paragraph (2) and inserting the following: (2) propose to— (A) carry out a new, evidence-based magnet school program; (B) significantly revise an existing magnet school program, using evidence-based methods and practices, as available; or (C) expand an existing magnet school program that has a demonstrated record of success in increasing student academic achievement, reducing isolation of minority groups, and increasing socioeconomic integration; and ; (5) in section 5207, as redesignated by section 5001(8)— (A) in subsection (a)— (i) in paragraph (3), by striking who are highly qualified ; (ii) in paragraph (6), by striking and at the end; (iii) in paragraph (7), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (8) to enable the local educational agency, or consortium of such agencies, or other organizations partnered with such agency or consortium, to establish, expand, or strengthen inter-district and regional magnet programs. ; and (B) in subsection (b), by striking the State's challenging academic content and all that follows through the period and inserting the challenging State academic standards under section 1111(b)(1) or are directly related to improving student academic, career, or technological skills and professional skills. ; (6) in section 5208, as redesignated by section 5001(10)— (A) in subsection (a), by striking for a period and all that follows through the period and inserting for an initial period of not more than 3 fiscal years, and may be renewed for not more than an additional 2 years if the Secretary finds that the recipient of a grant under this part is achieving the intended outcomes of the grant and shows improvement in increasing student academic achievement, reducing minority group isolation, and increasing socioeconomic integration, or other indicators of success established by the Secretary. ; and (B) in subsection (d), by striking July and inserting June ; and (7) in section 5209, as redesignated by section 5001(10)— (A) in subsection (a), by striking $125,000,000 and all that follows through the period and inserting such sums as may be necessary for each of fiscal years 2016 through 2021. ; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Reservation for technical assistance The Secretary may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assistance and carry out dissemination projects with respect to magnet school programs assisted under this part. . 5004. Supporting high-ability learners and learning Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part B the following: C Supporting high-ability learners and learning 5301. Short title This part may be cited as the Jacob K. Javits Gifted and Talented Students Education Act of 2015 . 5302. Purpose The purpose of this part is to initiate a coordinated program of evidence-based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to meet the special educational needs of gifted and talented students. 5303. Rule of construction Nothing in this part shall be construed to prohibit a recipient of funds under this part from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings, where appropriate. 5304. Authorized programs (a) Establishment of program (1) In general The Secretary (after consultation with experts in the field of the education of gifted and talented students) is authorized to make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, other public agencies, and other private agencies and organizations to assist such agencies, institutions, and organizations in carrying out programs or projects authorized by this part that are designed to meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students. (2) Application Each entity seeking assistance under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall describe how— (A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use by all students; and (B) the proposed programs can be evaluated. (b) Use of funds Programs and projects assisted under this section may include each of the following: (1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods to serve all students. (2) Establishing and operating model projects and exemplary programs for serving gifted and talented students, including innovative methods for identifying and educating students who may not be served by traditional gifted and talented programs (such as summer programs, mentoring programs, service learning programs, and cooperative programs involving business, industry, and education). (3) Implementing innovative strategies, such as cooperative learning, peer tutoring, and service learning. (4) Carrying out programs of technical assistance and information dissemination, including assistance and information with respect to how gifted and talented programs and methods, where appropriate, may be adapted for use by all students. (c) Special rule To the extent that funds appropriated to carry out this part for a fiscal year beginning with fiscal year 2016 exceed such funds appropriated for the program under subpart 6 of part D of title V, as in effect for fiscal year 2010, the Secretary shall use such excess funds to award grants, on a competitive basis, to State educational agencies, local educational agencies, or both, to implement activities described in subsection (b). (d) Center for research and development (1) In general The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of carrying out activities described in subsection (b). (2) Director The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations. (3) Funding The Secretary may use not more than 30 percent of the funds made available for fiscal year 2010 under subpart 6 of part D of title V, as in effect for such fiscal year, to carry out this subsection. (e) Coordination Evidence-based research activities supported under this part— (1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and (2) may include collaborative evidence-based research activities which are jointly funded and carried out with such Institute. 5305. Program priorities (a) General priority In carrying out this part, the Secretary shall give highest priority to programs and projects designed to develop new information that— (1) improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; and (2) assists schools in the identification of, and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional assessment methods. (b) Service priority The Secretary shall ensure that not less than 50 percent of the applications approved under section 5304(a)(2) in a fiscal year address the priority described in subsection (a)(2). 5306. General provisions (a) Participation of private school children and teachers In making grants and entering into contracts under this part, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students. (b) Review, dissemination, and evaluation The Secretary shall— (1) use a peer-review process in reviewing applications under this part; (2) ensure that information on the activities and results of programs and projects funded under this part is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including nonprofit private organizations; and (3) evaluate the effectiveness of programs under this part in accordance with section 9601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of the Every Child Achieves Act of 2015. (c) Program operations The Secretary shall ensure that the programs under this part are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall— (1) administer and coordinate the programs authorized under this part; (2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet such needs; (3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and (4) disseminate, and consult on, the information developed under this part with other offices within the Department. 5307. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5005. Education innovation and research Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part C, as added by section 5004, the following: D Education Innovation and research 5401. Grants for education innovation and research (a) Program authorized From funds appropriated under subsection (e), the Secretary shall make grants to eligible entities for the development, implementation, replication, or scaling and rigorous testing of entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment for high-need students, including— (1) early-phase grants to fund the development, implementation, and feasibility testing of a program that prior research suggests has promise, for the purpose of determining whether the program can successfully improve student achievement or attainment for high-needs students; (2) mid-phase grants to fund implementation and a rigorous evaluation of a program that has been successfully implemented under an early-phase grant or other effort meeting similar criteria, for the purpose of measuring the program's impact and cost effectiveness, if possible using existing administrative data; or (3) expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable, important impacts under a mid-phase grant or other effort meeting similar criteria, for the purpose of determining whether such impacts can be successfully reproduced and sustained over time, and identifying the conditions in which the program is most effective. (b) Eligible entity In this section, the term eligible entity means any of the following: (1) A local educational agency. (2) A State educational agency. (3) A consortium of States educational agencies or local educational agencies. (4) A State educational agency or a local educational agency, in partnership with— (A) a nonprofit organization; (B) a small business; (C) a charter management organization; (D) an educational service agency; or (E) an institution of higher education. (c) Rural areas In awarding grants under subsection (a), the Secretary shall ensure that not less than 25 percent of the funds for any fiscal year are awarded for projects that meet both of the following requirements: (1) The grantee is— (A) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B) a consortium of such local educational agencies; or (C) an educational service agency or a nonprofit organization in partnership with such a local educational agency. (2) A majority of the schools to be served by the project are designated with a school locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary. (d) Matching funds In order to receive a grant under subsection (a), an eligible entity shall demonstrate that the eligible entity will provide matching funds in an amount equal to 10 percent of the funds provided under a grant under this part, except that the Secretary may waive the matching funds requirement, on a case-by-case basis, upon a showing of exceptional circumstances, such as— (1) the difficulty of raising matching funds for a project to serve a rural area; (2) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17— (A) who are in poverty, as counted in the most recent census data approved by the Secretary; (B) who are eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act; (C) whose families receive assistance under the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (D) who are eligible to receive medical assistance under the Medicaid program; and (3) the difficulty of raising funds in designated tribal areas. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. . 5006. Accelerated learning Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part D, as added by section 5005, the following: E Accelerated learning 5501. Short title This part may be cited as the Accelerated Learning Act of 2015 . 5502. Purposes The purposes of this part are— (1) to raise student academic achievement through accelerated learning programs, including Advanced Placement and International Baccalaureate programs, dual enrollment programs, and early college high schools that provide postsecondary-level instruction, examinations, or sequences of courses that are widely accepted for credit at institutions of higher education; (2) to increase the number of students attending high-need schools who enroll and succeed in accelerated learning courses, accelerated learning examinations, dual enrollment programs, and early college high school courses; (3) to support efforts by States and local educational agencies to increase the availability of, and enrollment in, accelerated learning courses, pre-accelerated learning courses, dual enrollment programs, and early college high school courses in high-need schools; and (4) to provide high-quality professional development for teachers of accelerated learning courses, pre-accelerated learning courses, dual enrollment programs, and early college high school courses in high-need schools. 5503. Funding distribution rule From amounts appropriated under section 5508 for a fiscal year, the Secretary shall give priority to funding activities under section 5504 and shall distribute any remaining funds under section 5505. 5504. Accelerated learning examination fee program (a) Grants authorized From amounts made available under section 5503 for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to reimburse low-income students to cover part or all of the costs of accelerated learning examination fees, if the low-income students— (1) are enrolled in accelerated learning courses; and (2) plan to take accelerated learning examinations. (b) Award basis In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all States. (c) Information dissemination A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of accelerated learning examination fee payments under this section, and shall disseminate such information to eligible high school students and parents, including through high school teachers and counselors. (d) Applications Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. At a minimum, each State educational agency application shall— (1) describe the accelerated learning examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section; (2) provide an assurance that any grant funds awarded under this section shall be used only to pay for accelerated learning examination fees; and (3) contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student. (e) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report (1) In general Each State educational agency awarded a grant under this section shall, with respect to each accelerated learning course subject, annually report to the Secretary the following data for the preceding year: (A) The number of students in the State who are taking an accelerated learning course in such subject. (B) The number of accelerated learning examinations taken by students in the State who have taken an accelerated learning course in such subject. (C) The number of students in the State scoring at each level on accelerated learning examinations in such subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (D) Demographic information regarding students in the State taking accelerated learning courses and accelerated learning examinations in such subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report to Congress The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees of Congress regarding the information. (g) Bureau of Indian Education as State educational agency For purposes of this section, the Bureau of Indian Education shall be treated as a State educational agency. 5505. Accelerated learning incentive program grants (a) Grants authorized (1) In general From amounts made available under section 5503 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Duration, renewal, and payments (A) Duration The Secretary shall award a grant under this section for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity— (i) is achieving the objectives of the grant; and (ii) has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). (C) Payments The Secretary shall make grant payments under this section on an annual basis. (b) Definition of eligible entity In this section, the term eligible entity means— (1) a State educational agency; (2) a local educational agency; or (3) a partnership consisting of— (A) a national, regional, or statewide nonprofit organization, with expertise and experience in providing accelerated learning course services, dual enrollment programs, and early college high school courses; and (B) a State educational agency or local educational agency. (c) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents The application shall, at a minimum, include a description of— (A) the goals and objectives for the project supported by the grant under this section, including— (i) increasing the number of teachers serving high-need schools who are qualified to teach accelerated learning courses, dual enrollment programs, and early college high school courses; (ii) increasing the number of accelerated learning courses, dual enrollment programs, and early college high school courses that are offered at high-need schools; and (iii) increasing the number of students attending a high-need school, particularly low-income students, who enroll and succeed in— (I) accelerated learning courses; (II) if offered by the school, pre-accelerated learning courses; (III) dual enrollment programs; and (IV) early college high school courses; (B) how the eligible entity will ensure that students have access to courses that will prepare students to enroll and succeed in accelerated learning courses, pre-accelerated learning courses, dual enrollment programs, and early college high school courses; (C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; (D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach accelerated learning courses, dual enrollment programs, and early college high school courses; (E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e); (F) how the eligible entity will use funds received under this section; and (G) how the eligible entity will evaluate the success of the grant project. (d) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that propose to carry out activities in a local educational agency that is eligible under the small rural school achievement program or the rural and low-income school program authorized under subpart 1 or 2 of part B of title VI. (e) Authorized activities Each eligible entity that receives a grant under this section may use grant funds for— (1) high-quality teacher professional development, in order to expand the pool of teachers in the participating State, local educational agency, or high-need school who are qualified to teach accelerated learning courses, dual enrollment programs, and early college high school courses, including through innovative models such as online academies and training institutes; (2) teacher and counselor high-quality professional development in high school to prepare students for success in accelerated learning courses, dual enrollment programs, and early college high school courses; (3) coordination and articulation between grade levels to prepare students to enroll and succeed in accelerated learning courses, dual enrollment programs, and early college high school courses; (4) the purchase of instructional materials for accelerated learning courses, dual enrollment programs, and early college high school courses; (5) activities to increase the availability of, and participation in, online accelerated learning courses, dual enrollment programs, and early college high school courses; (6) carrying out the requirements of subsection (g); or (7) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to local educational agencies to enable the local educational agencies to carry out authorized activities described in paragraphs (1) through (6). (f) Contracts An eligible entity that is awarded a grant to provide online courses under this section may enter into a contract with an organization to provide accelerated learning courses, dual enrollment programs, and early college high school courses, including contracting for necessary support services. (g) Collecting and reporting requirements (1) Report Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including— (A) the number of students served by the eligible entity enrolling in accelerated learning courses, pre-accelerated learning courses, dual enrollment programs, and early college high school courses, disaggregated by grade level of the student, and the grades received by such students in the courses; (B) the number of students taking an accelerated learning examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination; (C) the number of teachers who are currently, as of the date of the report, receiving training to teach accelerated learning courses, dual enrollment programs, and early college high school courses, and will teach such courses in the next school year; (D) the number of teachers becoming qualified to teach accelerated learning courses, dual enrollment programs, and early college high school courses; and (E) the number of qualified teachers who are teaching accelerated learning courses, dual enrollment programs, and early college high school courses in high-need schools served by the eligible entity. (2) Reporting of data Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)— (A) disaggregated by subject area; (B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(b)(2)(B)(xi); and (C) in a manner that allows for an assessment of the effectiveness of the grant program. (h) Evaluation The Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1). (i) Matching requirement (1) In general Each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency, as determined by the Secretary, shall provide an amount equal to not more than 50 percent of the amount of the grant. (2) Matching funds The eligible entity may provide the matching funds described in paragraph (1) in cash or in-kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in-kind. The eligible entity may provide the matching funds from State, local, or private sources. (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 5506. Supplement, not supplant Grant funds provided under this part shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of accelerated learning fees or to expand access to accelerated learning and pre-accelerated learning courses. 5507. Definitions In this part: (1) Accelerated learning course The term accelerated learning course means— (A) a course of postsecondary-level instruction provided to middle or high school students, terminating in an Advanced Placement or International Baccalaureate examination; or (B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— (i) an examination or sequence of courses that are widely accepted for credit at institutions of higher education; or (ii) another examination or sequence of courses approved by the Secretary. (2) Accelerated learning examination The term accelerated learning examination means an Advanced Placement examination administered by the College Board, an International Baccalaureate examination administered by the International Baccalaureate, an examination that is widely accepted for college credit, or another such examination approved by the Secretary. (3) Dual enrollment program The term dual enrollment means a program through which a high school student— (A) takes courses offered through an institution of higher education while the student is enrolled in high school; and (B) earns both secondary school and postsecondary credit for the courses described in subparagraph (A). (4) Early college high school The term early college high school means a high school that provides a course of study that enables a student to earn a high school diploma and either an associate’s degree or 1 to 2 years of postsecondary credit toward a postsecondary degree or credential. (5) High-need school The term high-need school means a high school— (A) with a demonstrated need for Advanced Placement or International Baccalaureate courses, dual enrollment programs, or early college high school courses; and (B) that— (i) has a high concentration of low-income students; or (ii) is a local educational agency that is eligible, as determined by the Secretary, under the small, rural school achievement program, or the rural and low-income school program, authorized under subpart 1 or 2 of part B of title VI. (6) Low-income student The term low-income student means a student who is eligible for a free or reduced-price lunch under the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). 5508. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5007. Ready-to-Learn Television Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part E, as added by section 5006, the following: F Ready-to-Learn Television 5601. Ready-To-Learn (a) Program authorized; ready-To-Learn (1) In general The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible entities described in paragraph (3) to enable such entities— (A) to develop, produce, and distribute educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; (B) to facilitate the development, directly or through contracts with producers of children and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and services that promote the effective use of such programming; (C) to facilitate the development of programming and digital content containing Ready-to-Learn-based children's programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations' digital broadcasting channels and the Internet; (D) to contract with entities (such as public telecommunications entities) so that programs developed under this section are disseminated and distributed to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and (E) to develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that are designed— (i) to promote school readiness; and (ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, teachers, Head Start providers, providers of family literacy services, child care providers, early childhood development personnel, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children. (2) Availability In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, and providers of family literacy services to increase the effective use of such programming. (3) Eligible entities To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children. (B) A capacity to contract with the producers of children's television programming for the purpose of developing educational television programming of high quality. (C) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. (D) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level. (4) Coordination of activities An entity receiving a grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services— (A) to maximize the utilization of quality educational programming by preschool and elementary school children, and make such programming widely available to federally funded programs serving such populations; and (B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ) and State training activities funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent and child care provider skills in early childhood development and education. (b) Applications To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Reports and evaluations (1) Annual report to the Secretary An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: (A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target population of the programs developed. (B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming. (C) The means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available, and the geographic distribution achieved through such technologies. (D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and instructional programming. (2) Report to Congress The Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual report that includes the following: (A) A summary of the activities assisted under subsection (a). (B) A description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection. (d) Administrative costs An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement. (e) Funding rule Not less than 60 percent of the amount appropriated under subsection (f) for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). (f) Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5008. Innovative technology expands children's horizons (I–TECH) Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part F, as added by section 5007, the following: G Innovative technology expands children's horizons (I–TECH) 5701. Purposes The purposes of this part are— (1) to improve the achievement, academic growth, and college and career readiness of all students; (2) to ensure all students have access to personalized, rigorous learning experiences that are supported through technology; (3) to ensure that educators have the knowledge and skills to use technology, including computer-based assessments and blended learning strategies, to personalize learning; (4) to ensure district and school leaders have the skills required to implement, and support school- and district-wide approaches for using technology to inform instruction, support teacher collaboration, and personalize learning; (5) to ensure that students in rural, remote, and underserved areas have the resources to take advantage of high-quality digital learning experiences, digital resources, and access to online courses taught by effective educators; (6) to ensure that students have increased access to online dual and concurrent enrollment opportunities, career and technical courses, and programs leading to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), and courses taught by educators, including advanced coursework; and (7) to ensure that State educational agencies, local educational agencies, elementary schools, and secondary schools have the technological capacity, infrastructure, and technical support necessary to meet purposes described in paragraphs (1) through (6). 5702. Definitions In this part: (1) Digital learning The term digital learning means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data, data analytics, and information to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital learning content, software, or simulations; (G) access to online courses; (H) mobile devices for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace; (K) access to online course opportunities for students in rural or remote areas; and (L) discovery, modification, and sharing of openly licensed digital learning materials. (2) Eligible technology The term eligible technology means modern computer, and communication technology software, services, or tools, including computer or mobile devices, software applications, systems and platforms, and digital learning content, and related services and supports. (3) Technology readiness survey The term technology readiness survey means a survey completed by a local educational agency that provides standardized information on the quantity and types of technology infrastructure and access available to the students and in the community served by the local educational agency, including computer devices, access to school libraries, Internet connectivity, operating systems, related network infrastructure, data systems, educator professional learning needs and priorities, and data security. (4) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). 5703. Technology grants program authorized (a) In general From the amounts appropriated under section 5708, the Secretary may reserve not more than 1.5 percent for national activities to support grantees and shall award the remainder to State educational agencies to strengthen State and local technological infrastructure and professional learning that supports digital learning through State activities under section 5705(c) and local activities under section 5706(c). (b) Grants to State educational agencies (1) Reservations From the amounts appropriated under section 5708 for any fiscal year, the Secretary shall reserve— (A) three-fourths of 1 percent for the Secretary of the Interior to provide assistance under this part for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this part to the outlying areas. (2) Grant allotments From the amounts appropriated under section 5708 for any fiscal year and remaining after the Secretary makes reservations under paragraph (1), the Secretary shall make a grant for the fiscal year to each State educational agency with an approved application under section 5704 in an amount that bears the same relationship to such remainder as the amount the State educational agency received under part A of title I for such year bears to the amount all State educational agencies with an approved application under section 5704 received under such part for such year. (c) Minimum The amount of a grant to a State educational agency under subsection (b)(2) for a fiscal year shall not be less than one-half of 1 percent of the total amount made available for grants to all State educational agencies under such subsection for such year. (d) Reallotment of unused funds If any State educational agency does not apply for a grant under section 5704 for a fiscal year, or does not use the State educational agency's entire grant allotment under subsection (b)(2) for such year, the Secretary shall reallot the amount of the State educational agency’s grant, or the unused portion of the grant allotment, to the remaining State educational agencies that use their entire grant amounts under subsection (b)(2) for such year. (e) Matching funds (1) In general A State educational agency that receives a grant under subsection (b)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 10 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in-kind, except that any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 5705(c). (2) Waiver The Secretary may waive the matching requirement under paragraph (1) for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 5704. State applications (a) Application To receive a grant under section 5703(b)(2), a State educational agency shall submit to the Secretary an application at such time and in such manner as the Secretary may require and containing the information described in subsection (b). (b) Contents Each application submitted under subsection (a) shall include the following: (1) A description of how the State educational agency will meet the following goals: (A) Use technology to ensure all students achieve college and career readiness and digital literacy, including by providing high-quality education opportunities to economically or geographically isolated student populations. (B) Provide educators, school leaders, and administrators with the professional learning tools, devices, content, and resources to— (i) personalize learning to improve student academic achievement; and (ii) discover, adapt, and share relevant high-quality open educational resources. (C) Enable local educational agencies to build the technological capacity and infrastructure. (2) An assurance that each local educational awarded a subgrant under this part has conducted a technology readiness survey and will take steps to address the readiness gaps identified not later than 3 years after the completion of the survey by the local educational agency. (3) An assurance that the State educational agency will ensure that the State educational agency’s technology systems and school-based technology systems are interoperable. (4) An assurance that the State educational agency will consider making content widely available through open educational resources when making purchasing decisions with funds received under this part. (5) A description of how the State educational agency will award subgrants to local educational agencies under section 5706. (6) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of the grant and subgrant funds awarded under this part across the State and in each local educational agency. (7) An assurance that the State educational agency consulted with local educational agencies in the development of the State educational agency’s application under this subsection. (8) An assurance that the State educational agency will provide matching funds as required under section 5703(e). (9) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) and section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ). (10) An assurance that funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. 5705. State use of grant funds (a) Reservation for subgrants To support technology infrastructure Each State educational agency that receives a grant under section 5703(b)(2) shall expend not less than 90 percent of the grant amount for each fiscal year to award subgrants to local educational agencies in accordance with section 5706. (b) Reservation for State activities (1) In general A State educational agency shall reserve not more than 10 percent of the grant received under section 5703(b)(2) for the State activities described in subsection (c). (2) Grant administration (A) In general Subject to subparagraph (B), of the amount reserved by a State educational agency under paragraph (1), the State educational agency may reserve for the administration of the grant under this part not more than— (i) 1 percent in the case of a State educational agency awarding subgrants under section 5706(a)(1); or (ii) 3 percent in the case of a State educational agency awarding subgrants under section 5706(a)(2). (B) Special rule Notwithstanding subparagraph (A), a State educational agency that forms a State purchasing consortium under subsection (d)— (i) may reserve an additional 1 percent to carry out the activities described in subsection (d)(1); and (ii) may reserve amounts in addition to the percentage described in clause (i) if the State purchasing consortium receives direct approval from the local educational agencies receiving subgrants under section 5706(a) from the State educational agency prior to reserving more than the additional percentage authorized under clause (i). (c) State activities A State educational agency may use funds described in subsection (b) to carry out each of the following: (1) Except for the awarding of subgrants in accordance with section 5706, activities described in the State educational agency’s application under section 5704(b). (2) Providing technical assistance to local educational agencies to— (A) identify and address technology readiness needs, as determined by the technology readiness surveys; (B) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including children with disabilities and English learners; (C) build capacity for principals and local educational agency administrators to support teachers in using data and technology to improve teaching and personalize learning; (D) ensure that contractual requirements for third parties that have access to student data, its storage, or provide analytics on student data provide privacy protections consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ); and (E) provide tools and processes to support the creation, modification, and distribution of open educational resources. (3) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (4) Integrating and coordinating activities under this part with other educational resources and programs across the State. (5) Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, best practices for data security, and acquiring and implementing technology tools and applications. (6) Ensuring that teachers, paraprofessionals, library and media personnel, specialized instructional support personnel, and administrators possess the knowledge and skills to use technology to meet the goals described in section 5704(b)(1). (7) Coordinating with teacher, principal, and other school leader preparation programs to ensure that preservice teachers, principals, and other school leaders have the skills to implement digital learning programs effectively. (8) Supporting schools in rural and remote areas to expand access to high-quality digital learning opportunities. (d) Purchasing consortia (1) In general A State educational agency receiving a grant under section 5703(b)(2) may— (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsection (c), including purchasing eligible technology; (B) encourage local educational agencies to form local purchasing consortia under section 5706(c)(4); and (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 5703(b)(2) shall not— (A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to local educational agencies for, or require, use of any specific commercial products and services by local educational agencies; (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the amount reserved under subsection (b) to carry out the activities described in paragraph (1), unless the State educational agency receives approval in accordance with subsection (b)(2)(B). 5706. Local subgrants (a) Subgrants (1) Grants to local educational agencies From the grant funds provided under section 5703(b)(2) to a State educational agency that are remaining after the State educational agency makes reservations under section 5705(b) for any fiscal year and subject to paragraph (2), the State educational agency shall award subgrants for the fiscal year to local educational agencies served by the State educational agency and with an approved application under subsection (b) by allotting to each such local educational agency an amount that bears the same relationship to the remainder as the amount received by the local educational agency under part A of title I for such year bears to the amount received by all such local educational agencies under such part for such year, except that no local educational agency may receive less than $20,000 for a year. (2) Competitive grants to local educational agencies If the amount of funds appropriated under section 5708 is less than $300,000,000 for any fiscal year, a State educational agency— (A) shall not award subgrants under paragraph (1); and (B) shall— (i) award subgrants, on a competitive basis, to local educational agencies based on the quality of applications submitted under subsection (b), including— (I) the level of technology readiness, as determined by the technology readiness surveys completed by local educational agencies submitting such applications; and (II) the technology plans described in subsection (b)(4) and how the local educational agencies with such plans will carry out the alignment and coordination described in such subsection; (ii) give priority to local educational agencies that have demonstrated substantial need for assistance in acquiring and using technology, based on the agency's technology readiness survey; and (iii) give priority to schools that serve students in rural and remote areas, schools identified under section 1114 as in need of intervention and support and the persistently lowest achieving schools, or schools with a high percentage of students aged 5 through 17 who are in poverty, as counted in the most recent census data approved by the Secretary, who are eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or eligible to receive medical assistance under the Medicaid program. (3) Definition of local educational agency for certain fiscal years For purposes of awarding subgrants under paragraph (2), the term local educational agency means— (A) a local educational agency; (B) an educational service agency; or (C) a local educational agency and an educational service agency. (b) Application A local educational agency that desires to receive a subgrant under subsection (a) shall submit an application to the State at such time, in such manner, and accompanied by such information as the State educational agency may require, such as— (1) a description of how the local educational agency will carry out the goals described in subparagraphs (A) through (C) of section 5704(b)(1); (2) a description of the results of the technology readiness survey completed by the local educational agency and a description of the plan for the local educational agency to meet the goals described in paragraph (1) within 3 years of completing the survey; (3) a description of the local educational agency’s technology plan to carry out paragraphs (1) and (3) and how the agency will align and coordinate the activities under this section with other activities across the local educational agency; (4) a description of the team of educators who will coordinate and carry out the activities under this section, including individuals with responsibility and expertise in instructional technology, teachers that specialize in supporting students who are children with disabilities and English learners, other school leaders, library and media personnel, technology officers, and staff responsible for assessments and data; (5) a description of how the local educational agency will build capacity for principals, other school leaders, and local educational agency administrators to support teachers in developing data literacy skills and in implementing digital tools to support teaching and learning; (6) a description of how the local educational agency will procure content and ensure content quality; and (7) an assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ). (c) Use of funds (1) Professional development in digital learning Subject to paragraph (3), a local educational agency receiving a subgrant under subsection (a) shall use not less than 50 percent of such funds to carry out professional development in digital learning for teachers, principals, other school leaders, paraprofessionals, library and media personnel, specialized instructional support personnel, technology coordinators, and administrators in the use of technology to support student learning. (2) Technology infrastructure Subject to paragraph (3), a local educational agency receiving a subgrant under subsection (a) shall use not less than 25 percent of such funds to support activities for the acquisition of eligible technology needed to— (A) except for the activities described in paragraph (1), carry out activities described in the application submitted under subsection (b), including purchasing devices, equipment, and software applications; and (B) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (3) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in paragraph (1) or (2) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (4) Purchasing consortia Local educational agencies receiving subgrants under subsection (a) may— (A) form a local purchasing consortia with other such local educational agencies to carry out the activities described in this subsection, including purchasing eligible technology; and (B) use such funds for purchasing eligible technology through a State purchasing consortia under section 5706(d). (5) Blended learning projects (A) In general A local educational agency receiving a subgrant under subsection (a) may use such funds to carry out a blended learning project, which shall include at least 1 of the following activities: (i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. (ii) Ongoing professional development for teachers, principals, other school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project. (B) Non-Federal match A local educational agency that carries out a blended learning project under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the amount of funds used to carry out such project that shall be used to carry out such project. (C) Definition of blended learning In this paragraph, the term blended learning means a formal education program that leverages both technology-based and face-to-face instructional approaches that— (i) include an element of online or digital learning, combined with supervised learning time, and student-led learning, in which the elements are connected to provide an integrated learning experience; and (ii) where students are provided some control over time, path, or pace. 5707. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under section 5706 shall submit to the State educational agency that awarded such subgrant an annual report the meets the requirements of subsection (c). (b) State educational agencies Each State educational agency receiving a grant under section 5703(b)(2) shall submit to the Secretary an annual report that meets the requirements of subsection (c). (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State educational agency’s plan described in section 5704(b) or the local education agency’s technology plan under section 5706(b)(3), as applicable; (2) the categories of eligible technology acquired with funds under this part and how such technology is being used; (3) the professional learning activities funded under this part, including types of activities and entities involved in providing such professional learning to classroom teachers and other staff, such as school librarians; and (4) the types of programs funded under this part. 5708. Authorization There are authorized to be appropriated such sums as may be necessary to carry out this part. . 5009. Literacy and arts education Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part G, as added by section 5008, the following: H Literacy and Arts Education 5801. Literacy and arts education (a) In general From funds made available under subsection (c), the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of— (1) promoting arts education for disadvantaged students and students who are children with disabilities, through activities such as— (A) professional development for arts educators, teachers, and principals; (B) development and dissemination of instructional materials and arts-based educational programming, including online resources, in multiple arts disciplines; and (C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or national centers for the arts; and (2) promoting literacy programs that support the development of literacy skills in low-income communities, including— (A) developing and enhancing effective school library programs, which may include providing professional development for school librarians, books, and up-to-date materials to low-income schools; (B) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and (C) programs that provide high-quality books on a regular basis to children and adolescents from disadvantaged communities to increase reading motivation, performance, and frequency. (b) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; (B) a consortium of such local educational agencies; or (C) an eligible national nonprofit organization. (2) Eligible national nonprofit organization The term eligible national nonprofit organization means an organization of national scope that— (A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and (B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the population targeted by the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. . 5010. Early learning alignment and improvement grants Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part H, as added by section 5009, the following: I Early learning alignment and improvement grants 5901. Purposes; definitions (a) Purposes The purposes of this part are to assist States with— (1) more efficiently using existing Federal resources to improve, strengthen, and expand existing high-quality early childhood education, as determined by the State; (2) coordinating existing funding streams and delivery models to promote— (A) program quality, while maintaining services; (B) parental choice among high-quality early childhood education program providers; and (C) early care and learning access for children from birth to kindergarten entry; and (3) improving access for children from low-income families to high-quality early childhood education programs in order to enhance school readiness. (b) Definitions In this part: (1) Center of Excellence The term Center of Excellence means a local public or private nonprofit agency, including a community-based or faith-based organization, or a for-profit agency, within a community, that provides early learning and care services in the State, including the use of best practices for— (A) achieving school readiness, including the development of early literacy and mathematics skills; (B) acquisition of English language skills; and (C) providing high-quality comprehensive services for eligible children and their families. (2) Eligible child The term eligible child means an individual— (A) who is less than 6 years of age; and (B) whose family income does not exceed— (i) 200 percent of the poverty line; (ii) 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); or (iii) a State-determined threshold for eligibility that does not exceed the thresholds in clauses (i) and (ii). (3) Eligible partnership The term eligible partnership means a partnership that, at a minimum, includes, as applicable and appropriate, the State Advisory Council on Early Childhood Education and Care established under section 642B(b) of the Head Start Act, and all of the following partners, which may be represented on the Council: (A) One or more public and private (including nonprofit or for-profit) providers of early childhood education that serve eligible children residing in the State and meet applicable standards of licensing and quality as determined by the State. (B) One or more Head Start agencies, which may include Early Head Start, migrant and seasonal Head Start, and Indian Head Start agencies that serve eligible children residing in the State. (C) The State educational agency. (D) Other relevant State agencies with oversight of preschool, early education, and child care in the State. (E) One or more local educational agencies in the State. (F) One or more institutions of higher education in the State. (G) One or more representatives of business in the State. (4) Institution of higher education The term institution of higher education has the meanings given the term in section 101 and subparagraphs (A) and (B) of section 102(a)(1) of the Higher Education Act of 1965. (5) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 5902. Early learning alignment and improvement grants (a) Grants authorized (1) In general From amounts made available under section 5903, the Secretary, in consultation with the Secretary of Health and Human Services, shall award grants, on a competitive basis, to States to enable the States to carry out the activities described in subsection (d). (2) Reservation for States serving rural areas From the amounts appropriated under section 5903 for a fiscal year, the Secretary shall reserve not less than 30 percent for grants to States that propose to carry out the activities described in subsection (d) for eligible children living in rural areas. The Secretary shall reduce the amount described in the preceding sentence if the Secretary does not receive a sufficient number of applications that are deserving of a grant under this part for such purpose. (3) Priority In awarding grants under this section, the Secretary shall give priority to a State that will use funds under this grant to focus on eligible children— (A) who are 3 and 4 years of age; and (B) whose family income does not exceed 130 percent of the poverty line. (4) Duration of grants A grant awarded under this section shall be for a period of not more than 3 years and may not be renewed by the Secretary. (5) Limitation (A) In general Except as provided in subparagraph (B), a State may receive a grant under this section only once. (B) Exception Notwithstanding subparagraph (A), a State may receive more than 1 grant under this section only— (i) if the State is proposing, for such additional grants, to carry out activities for eligible children living in rural areas; or (ii) after all States, which meet the requirements and have submitted an application under this section, have received a grant, to the extent that funds for a grant are still available. (6) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section. (b) State requirements (1) Lead agency (A) Designation A State desiring a grant under this section shall designate an agency (which may be an appropriate collaborative agency) or establish a joint interagency office, that complies with the requirements of subparagraph (B), to serve as a lead agency for the State under this section. (B) Duties The lead agency designated under subparagraph (A) shall— (i) administer, directly or through other governmental or nongovernmental agencies, the Federal assistance received under this section by the State; (ii) develop the application submitted to the Secretary under subsection (c); and (iii) coordinate the provision of activities under this section with existing Federal, State, and local early childhood education programs. (2) Partners In order to be eligible for a grant under this section, a State shall partner with an eligible partnership. (3) Matching requirement Each State that receives a grant under this part shall provide from Federal or non-Federal sources (which may be provided in cash or in-kind) to carry out the activities supported by the grant, an amount equal to— (A) 30 percent of the amount of the grant in the first year of such grant; and (B) not less than 30 percent of the amount of the grant in the second and third year of such grant, respectively. (c) Applications A State desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include— (1) an identification of the lead agency that the Governor of the State has appointed to be responsible for the grant under this section; (2) a description of the eligible partnership required under subsection (b)(2), which will assist the State in developing the plan and implementing the activities under this part; (3) to the extent practicable, the unduplicated counts of the number of eligible children served using existing Federal, State, and local resources and programs that the State will coordinate to meet the purposes of this part, including— (A) programs carried out under the Head Start Act, including the Early Head Start programs carried out under such Act; (B) programs carried out under section 619 and parts B and C of the Individuals with Disabilities Education Act; (C) child care programs carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) or section 418 of the Social Security Act ( 42 U.S.C. 618 ); (D) other Federal, State, local, and Indian tribe or tribal organization programs of early learning, childhood education, child care, and development in the State; and (E) as applicable— (i) programs carried out under other provisions of this Act; (ii) programs carried out under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ); (iii) programs carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ); (iv) programs serving homeless children and services of local educational agency liaisons for homeless children and youths designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ); (v) State agencies and programs serving children in foster care and the foster families of such children; and (vi) child care programs funded through State veterans affairs offices; (4) a description of how the State proposes to coordinate such resources and programs identified under paragraph (3) in order to meet the purposes of this part; (5) a description of how the State will identify early childhood education program providers that demonstrate a high level of quality; (6) a description of how the State will define eligible children, in accordance with section 5901(b)(2); (7) a description of how the State will expand access to existing high-quality early learning and care for eligible children in the State, or if no high-quality early learning and care is accessible for eligible children, expand access to high-quality early learning and care for such children; (8) in the case of a State that has elected to use funds under this section to designate Centers of Excellence— (A) assurances that the State will designate an entity, such as an agency, an institution of higher education, a consortium of local educational agencies or Head Start centers, or another entity, to designate early childhood education programs as Centers of Excellence; (B) assurances that the designee will meet the definition of a Center of Excellence; (C) descriptions of the process by which an entity that carries out an early childhood education program would be designated as a Center of Excellence, including evidence that the early childhood education program involved has demonstrated excellence in program delivery in a manner designed to improve the school readiness of children who have participated in the program; and (D) descriptions of how the State will assist Centers of Excellence in the dissemination of best practices; (9) an assurance that the State will provide technical assistance to partners on methods by which Federal and State early learning and care funding can be coordinated and lead to cost-saving and efficiencies strategies, and other methods that will enhance the quality of the early childhood education programs in the State; (10) a description of how the State will sustain early learning and care activities coordinated under this section, including for rural areas in the State, if applicable, once grant funding is no longer available under this section; (11) a description of the process that the State proposes to use to collect and disseminate, to parents and the general public, consumer information that will promote informed early learning and care choices in the State; (12) a description of how the State will serve eligible children residing in rural areas, if applicable; and (13) an assurance that funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. (d) Use of funds (1) In general A State that receives a grant under this part shall use the grant funds to develop, implement, or improve a coordinated statewide or locally implemented system of voluntary early care and learning, which includes a plan— (A) for coordinating funding available through existing Federal, State, and local sources; and (B) which is designed in collaboration with an eligible partnership. (2) Authorized activities Grant funds under this section may be used for the following: (A) Aligning existing Federal, State, and local funding and resources with a statewide or locally designed system for delivering high-quality early learning and care for eligible children in the State, including developing evidence-based practices to improve staff quality, instructional programming, and time in program. (B) Analyzing needs for expanded access to existing high-quality early childhood education programs in the State, including child care, preschool, and Early Head Start, Head Start, and special education for all children, particularly low-income children. (C) Developing or expanding eligible partnerships to— (i) expand access for eligible children to existing high-quality providers or programs or, if no high-quality early learning and care is accessible for eligible children, expand access to high-quality early learning and care for eligible children; (ii) share best practices; and (iii) ensure that parents have maximum choices in selecting the providers that meet their individual needs, consistent with State and local laws. (D) Developing or expanding Centers of Excellence for the purposes of— (i) disseminating best practices for achieving early academic success in the State, including best practices for— (I) achieving school readiness, including developing early literacy and mathematics skills; (II) the acquisition of the English language for English learners; or (III) providing high-quality comprehensive services to low-income and at-risk children and their families; (ii) coordinating early education, child care, and other social services available in the State and local communities for low-income and at-risk children and families; or (iii) providing effective transitions between preschool programs and elementary schools, including by facilitating ongoing communication between early education and elementary school teachers and by improving the ability of teachers to work effectively with low-income and at-risk children and their families. (E) Expanding existing high-quality early education and care for infants and toddlers, or if no high-quality early education and care is accessible for infants and toddlers, expand access to high quality education and care. (F) Carrying out other strategies determined by the State to improve access to and expand the overall quality of a coordinated State or locally designed system of voluntary early learning and care services in the State. (3) Priority The activities implemented by a State under this subsection shall prioritize parental choice of providers and evidence-based practices for improving early learning program quality and access to the extent permitted under State and local law. (e) Reporting A State that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may reasonably require, an annual report that includes— (1) the number and percentage of children who are served in high-quality early childhood education programs, as identified by the State, during each year of the grant duration using funds from— (A) only this part, as applicable; (B) the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) or section 418 of the Social Security Act ( 42 U.S.C. 618 ); (C) the Head Start Act; and (D) other public and private providers, as applicable; (2) the quality improvements undertaken at the State level; (3) the extent to which funds are being blended with other public and private funding; and (4) any other ways in which funds are used to meet the purposes of this part. (f) Report to congress The Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biennial report containing the information described in subsection (e) for all States receiving funds under this part. (g) Limitations on Federal interference Nothing in this part shall be construed to authorize the Secretary to establish any criterion that specifies, defines, or prescribes— (1) early learning and development guidelines, standards, or specific assessments, including the standards or measures that States use to develop, implement, or improve such guidelines, standards, or assessments; (2) specific measures or indicators of quality early learning and care, including— (A) the systems that States use to assess the quality of early childhood education programs and providers, school readiness, and achievement; and (B) the term high-quality early learning or care; (3) early learning or preschool curriculum, program of instruction, or instructional content; (4) teacher and staff qualifications and salaries; (5) class sizes and child-to-instructional staff ratios; and (6) any aspect or parameter of a teacher, principal, other school leader, or staff evaluation system within a State or local educational agency. 5903. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . VI Innovation and flexibility 6001. Purposes Title VI ( 20 U.S.C. 7301 et seq. ) is amended by inserting before part A of title VI, the following: 6001. Purposes The purposes of this title are— (1) to support State and local innovation in preparing all students to meet challenging State academic standards under section 1111(b); (2) to provide States and local educational agencies with maximum flexibility in using Federal funds provided under this Act; and (3) to support education in rural areas. . 6002. Improving academic achievement Part A of title VI ( 20 U.S.C. 7301 et seq. ) is amended— (1) by striking subparts 1 and 4; (2) by redesignating subpart 2 as subpart 1; (3) by redesignating sections 6121 through 6123 as sections 6111 through 6113, respectively; (4) in section 6113, as redesignated by paragraph (3)— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking not more than 50 percent of the nonadministrative State funds and inserting all, or any lesser amount, of State funds ; and (II) by striking subparagraphs (A) through (D) and inserting the following: (A) Part A of title II. (B) Part A of title IV. (C) Part G of title V. ; and (ii) in paragraph (2), by striking and subject to the 50 percent limitation described in paragraph (1) ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by striking (except and all that follows through subparagraph (C)) and inserting may transfer all, or any lesser amount, of the funds allocated to it ; (II) by striking subparagraph (B); (III) by redesignating subparagraph (C) as subparagraph (B); and (IV) in subparagraph (B), as redesignated by subclause (III), by striking and subject to the percentage limitation described in subparagraph (A) or (B), as applicable ; and (ii) in paragraph (2)— (I) by striking subparagraph (A), (B), or (C) and inserting subparagraph (A) or (B) ; and (II) by striking subparagraphs (A) through (D) and inserting the following: (A) Part A of title II. (B) Part A of title IV. (C) Part G of title V. ; and (5) by striking subpart 3 and inserting the following: 2 Weighted student funding flexibility pilot program 6121. Weighted student funding flexibility pilot program (a) Purpose The purpose of the pilot program under this section is to provide local educational agencies with flexibility to consolidate Federal, State, and local funding in order to create a single school funding system based on weighted per pupil allocations for low-income and otherwise disadvantaged students. (b) Authority The Secretary may, on a competitive basis, enter into local flexibility demonstration agreements— (1) for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d); and (2) under which such agencies may consolidate and use funds in accordance with subsection (d) in order to develop and implement a school funding system based on weighted per pupil allocations for low-income and otherwise disadvantaged students. (c) Selection of local educational agencies (1) In general The Secretary may enter into local flexibility demonstration agreements with not more than 25 local educational agencies, reflecting the size and geographic diversity of all such agencies nationwide to the maximum extent feasible. (2) Selection Each local educational agency shall be selected on a competitive basis from among those local educational agencies that— (A) submit a proposed local flexibility demonstration agreement under subsection (d) to the Secretary; (B) demonstrate to the satisfaction of the Secretary that the agreement meets the requirements of subsection (d); and (C) agree to meet the continued demonstration requirements under subsection (e). (d) Required terms of local flexibility demonstration agreement (1) Application Each local educational agency that desires to participate in the pilot program under this section shall submit, at such time, in such form, and including such information as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per pupil allocations that meets the requirements of this section, including— (A) a description of the school funding system based on weighted per pupil allocations, including how the system will meet the requirements under paragraph (2); (B) a list of funding sources, including eligible Federal funds the local educational agency will include in such system; (C) a description of the amount and percentage of total local educational agency funding, including State, local, and eligible Federal funds, that will be allocated through such system; (D) the per-pupil expenditures (including actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local funds for each school served by the agency for the preceding fiscal year; (E) the per-pupil amount of eligible Federal funds each school served by the agency, disaggregated by program, received in the preceding fiscal year; (F) a description of how the system will continue to ensure that any eligible Federal funds allocated through the system will continue to meet the purposes of each Federal funding stream, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable; (G) a description of how the local educational agency will develop and employ a weighted student funding system to support public elementary schools and secondary schools in order to improve the academic achievement of students, including low-income students, the lowest achieving students, English learners, and students with disabilities; (H) an assurance that the local educational agency developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, other school leaders, administrators of Federal programs impacted by the agreement, parents, civil rights leaders, and other relevant stakeholders; (I) an assurance that the local educational agency will use fiscal control and sound accountability procedures that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system; (J) an assurance that the local educational agency will continue to meet the fiscal provisions in section 1117; and (K) an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using funds under the agreement. (2) Requirements of system A local educational agency’s school funding system based on weighted per pupil allocations shall meet each of the following requirements: (A) The system shall— (i) allocate a significant portion of funds, including State, local, and eligible Federal funds, to the school level through a formula that determines per-pupil weighted amounts based on individual student characteristics; (ii) use weights or allocation amounts that allocate substantially more funding to students from low-income families and English learners than to other students; and (iii) demonstrate to the Secretary, that each high-poverty school received at least as much total per-pupil funding, including from Federal, State, and local sources, for low-income students and at least as much total per-pupil funding, including from Federal, State, and local sources, for English learners as the school received in the year prior to carrying out the pilot program. (B) The system shall be used to allocate a significant portion, including all school level personnel expenditures for instructional staff and nonpersonnel expenditures, but not less than 65 percent, of all the local educational agency’s local and State funds to schools. (C) After allocating funds through the school funding system, the local educational agency shall charge schools for the per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures for instructional staff and actual nonpersonnel expenditures. (D) The system may include weights or allocation amounts according to other characteristics. (e) Continued demonstration Each local educational agency that is selected to participate in the pilot program under this section shall annually— (1) demonstrate to the Secretary, that no high-poverty school served by the agency received less total per-pupil funding, including from Federal, State, and local sources, for low-income students or less total per-pupil funding, including from Federal, State, and local sources, for English learners than the school received in the previous year; (2) make public and report to the Secretary the per-pupil expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State, local, and Federal funds for each school served by the agency, and disaggregated by student poverty quartile and by minority student quartile for the preceding fiscal year; and (3) make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A). (f) Eligible Federal funds In this section, the term eligible Federal funds means funds received by a local educational agency under titles I, II, III, and IV of this Act. (g) Limitations on administrative expenditures Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, from eligible Federal funds not more than the percentage of funds allowed for such purpose under any of titles I, II, III, or IV. (h) Peer review The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility demonstration agreement. (i) Noncompliance The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide information as provided for in subsection (j)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e). (j) Evidence If a local educational agency believes that the Secretary’s determination under subsection (i) is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final termination determination. (k) Program evaluation From the amount reserved for evaluation activities in section 9601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the local flexibility demonstration agreements under this section, consistent with section 9601 and specifically on improving the equitable distribution of State and local funding and increasing student achievement. (l) Renewal of local flexibility demonstration agreement The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if— (1) the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to and has a high likelihood of continuing to meet such requirements; and (2) the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students served under titles I and III, including students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk. (m) Definition of high-poverty school In this section, the term high-poverty school means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families. . 6003. Rural education initiative Part B of title VI ( 20 U.S.C. 7341 et seq. ) is amended— (1) in section 6211— (A) in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following: (A) Part A of title I. (B) Part A of title II. (C) Title III. (D) Part A or B of title IV. (E) Part G of title V. ; (B) in subsection (b)(1)— (i) in subparagraph (A)(ii), by striking 7 or 8, as determined by the Secretary; or and inserting 41, 42, or 43, as determined by the Secretary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part. ; and (C) in subsection (c), by striking paragraphs (1) through (3) and inserting the following: (1) Part A of title II. (2) Part A of title IV. ; (2) in section 6212— (A) in subsection (a), by striking paragraphs (1) through (5) and inserting the following: (1) Part A of title I. (2) Part A of title II. (3) Title III. (4) Part A or B of title IV. (5) Part G of title V. ; (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) Allocation (A) In general Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. (B) Special determination For a local educational agency that is eligible under section 6211 and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under titles II and IV, as long as a determination under this subparagraph would not disproportionately affect any State. ; (ii) by striking paragraph (2) and inserting the following: (2) Determination of initial amount (A) In general The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Special rule For any fiscal year in which the amount made available to carry out this part is $252,000,000 or more, subparagraph (A) shall be applied— (i) by substituting $25,000 for $20,000 ; and (ii) by substituting $80,000 for $60,000 . ; and (iii) by adding at the end the following: (4) Hold harmless For a local educational agency that is not eligible under this subpart but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015, the agency shall receive— (A) for fiscal year 2016, 75 percent of the amount such agency received for fiscal year 2015; (B) for fiscal year 2017, 50 percent of the amount such agency received for fiscal year 2015; and (C) for fiscal year 2018, 25 percent of the amount such agency received for fiscal year 2015. ; and (C) by striking subsection (d); (3) by striking section 6213 and inserting the following: 6213. Academic achievement assessments Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(2). ; (4) in section 6221— (A) in subsection (b)(1)(B), by striking 6, 7, or 8 and inserting 32, 33, 41, 42, or 43 ; and (B) in subsection (c)(1), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; (5) in section 6222(a), by striking paragraphs (1) through (7) and inserting the following: (1) Activities authorized under part A of title I. (2) Activities authorized under part A of title II. (3) Activities authorized under title III. (4) Activities authorized under part A of title IV. (5) Parental involvement activities. (6) Activities authorized under part G of title V. ; (6) in section 6223— (A) in subsection (a), by striking at such time, in such manner, and accompanied by such information and inserting at such time and in such manner ; and (B) by striking subsection (b) and inserting the following: (b) Contents Each application submitted under subsection (a) shall include information on— (1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards under section 1111(b); (2) if the State educational agency or specially qualified agency will competitively award grants to eligible local educational agencies, as described in section 6221(b)(2)(A), the application under the section shall include— (A) the methods and criteria the State educational agency or specially qualified agency will use for reviewing applications and awarding funds to local educational agencies on a competitive basis; and (B) how the State educational agency or specially qualified agency will notify eligible local educational agencies of the grant competition; and (3) a description of how the State educational agency or specially qualified agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 6222. ; (7) in section 6224— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or specially qualified agency after Each State educational agency ; (ii) by striking paragraph (1) and inserting the following: (1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; ; and (iii) by striking paragraph (3) and inserting the following: (3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 6223, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards under section 1111(b). ; (B) by striking subsection (b) and (c) and inserting the following: (b) Report to congress The Secretary shall prepare a summary of the reports under subsection (a) and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ; (C) by redesignating subsection (d) as subsection (c); (D) in subsection (c), as redesignated by subparagraph (C), by striking assessment that is consistent with section 1111(b)(3) and inserting assessment that is consistent with section 1111(b)(2) ; and (E) by striking subsection (e); (8) by inserting after section 6224 the following: 6225. Choice of participation (a) In general If a local educational agency is eligible for funding under both subparts 1 and 2 of this part, such local educational agency may receive funds under either subpart 1 or subpart 2 for a fiscal year, but may not receive funds under both subparts for such fiscal year. (b) Notification A local educational agency eligible for funding under both subparts 1 and 2 of this part shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. ; and (9) in section 6234, by striking $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, and inserting such sums as may be necessary for each of the fiscal years 2016 through 2021, . 6004. General provisions Part C of title VI ( 20 U.S.C. 7371 ) is amended to read as follows: C General provisions 6301. Prohibition against federal mandates, direction, or control Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act. 6302. Rule of construction on equalized spending Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school. . VII Indian, Native Hawaiian, and Alaska Native education 7001. Indian education Part A of title VII ( 20 U.S.C. 7401 et seq. ) is amended— (1) by striking sections 7132, 7133, 7134, and 7136; (2) by redesignating section 7135 as section 7132; (3) by striking section 7102 and inserting the following: 7102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique culture, language, and educational needs, consistent with section 1111; (2) to ensure that American Indian and Alaska Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that teachers, principals, other school leaders, and other staff who serve American Indian and Alaska Native students have the ability to provide effective instruction and supports to such students. ; (4) by striking section 7111 and inserting the following: 7111. Purpose It is the purpose of this subpart to support local educational agencies in developing elementary school and secondary school programs for American Indian and Alaska Native students that are designed to— (1) meet the unique cultural, language, and educational needs of such students; and (2) ensure that all students meet the challenging State academic standards adopted under section 1111(b). ; (5) in section 7112— (A) by striking subsection (a) and inserting the following: (a) In general The Secretary may make grants, from allocations made under section 7113, and in accordance with this section and section 7113, to— (1) local educational agencies; (2) Indian tribes; and (3) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, provided that each local educational agency participating in such a consortium— (A) provides an assurance that the eligible Indian children served by such local educational agency receive the services of the programs funded under this subpart; and (B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart. ; (B) in subsection (b)— (i) in paragraph (1), by striking A local educational agency shall and inserting Subject to paragraph (2), a local educational agency shall ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) Cooperative agreements A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— (A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and (B) requests that the local educational agency enters into a cooperative agreement under this subpart. ; and (C) by striking subsection (c) and inserting the following: (c) Indian tribes and indian organizations (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Unaffiliated indian tribes An Indian tribe that operates a public school and such tribe is not affiliated with either a local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. (3) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) or (2) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 7114 or section 7118(c) or 7119. (4) Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. (d) Indian community-based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(3) to an Indian community-based organization applying or receiving a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. (3) Definition of indian community-based organization In this subsection, the term Indian community-based organization means any organization that— (A) is composed primarily of Indian parents and community members, tribal government education officials, and tribal members from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational capacity to manage the grant. (e) Consortia (1) In general A local educational agency, Indian tribe, or Indian organization that meets the eligibility requirements under this section may form a consortium with other eligible local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. (2) Requirements In any case where 2 or more local educational agencies, Indian tribes, or Indian organizations that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, under this subpart, each local educational agency, Indian tribe, and Indian organization participating in such a consortium shall— (A) provide, in the application submitted under section 7114, an assurance that the eligible Indian children served by such local educational agency, Indian tribe, and Indian organization will receive the services of the programs funded under this subpart; and (B) agree to be subject to all requirements, assurances, and obligations applicable to a local educational agency, Indian tribe, and Indian organization receiving a grant under this subpart. ; (6) in section 7113— (A) in subsection (b)(1), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (B) in subsection (d)— (i) in the subsection heading, by striking Indian Affairs and inserting Indian Education ; and (ii) in paragraph (1)(A)(i), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; (7) in section 7114— (A) in subsection (a), by inserting Indian tribe, or consortia as described in section 7113(b)(2) after Each local educational agency, ; (B) in subsection (b)— (i) in paragraph (2)— (I) in subparagraph (A), by striking is consistent with the State and local plans and inserting supports the State, tribal, and local plans ; and (II) by striking subparagraph (B) and inserting the following: (B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students; ; (ii) by striking paragraph (3) and inserting the following: (3) explains how the local educational agency, tribe, or consortium will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of such students; ; (iii) in paragraph (5)(B), by striking and after the semicolon; (iv) in paragraph (6)— (I) in subparagraph (B)— (aa) in clause (i), by striking and after the semicolon; (bb) by adding at the end the following: (iii) the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ); and ; and (II) in subparagraph (C), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (7) describes the process the local educational agency used to collaborate with Indian tribes located in the community in the development of the comprehensive programs and the actions taken as a result of such collaboration. ; (C) in subsection (c)— (i) in paragraph (1), by striking the education of Indian children, and inserting services and activities consistent with those described in this subpart, ; (ii) in paragraph (2)— (I) in subparagraph (A), by striking and after the semicolon; (II) in subparagraph (B), by striking served by such agency; and inserting served by such agency, and meet program objectives and outcomes for activities under this subpart; and ; and (III) by adding at the end the following: (C) determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; ; (iii) in paragraph (3)(C)— (I) by inserting representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribe has any children in such school, after parents of Indian children and teachers, ; and (II) by striking and after the semicolon; (iv) in paragraph (4)— (I) in subparagraph (A)— (aa) in clause (i), by inserting and family members after parents ; (bb) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (cc) by inserting after clause (i) the following: (ii) representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribe has any children in such school; ; (II) by striking subparagraph (B) and inserting the following: (B) a majority of whose members are parents and family members of Indian children and representatives of Indian tribes described in subparagraph (A)(ii), as applicable; ; (III) in subparagraph (C), by inserting and family members after , parents ; (IV) in subparagraph (D)(ii), by striking and after the semicolon; (V) in subparagraph (E), by striking the period at the end and inserting ; and ; and (VI) by adding at the end the following: (F) that will determine the extent to which the activities of the local educational agency will address the unique cultural, linguistic, and educational needs of Indian students; ; and (v) by adding at the end the following: (5) the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; (6) the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; and (7) the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart. ; and (D) by adding at the end the following: (d) Outreach The Secretary shall monitor the applications for grants under this subpart to identify eligible local educational agencies and schools operated by the Bureau of Indian Education that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to submit applications for such grants. (e) Technical assistance The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— (1) the development of applications under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency. ; (8) in section 7115— (A) in subsection (a)— (i) in paragraph (1), by inserting solely for the services and activities described in such application after under section 7114(a) ; and (ii) in paragraph (2), by inserting to be responsive to the unique learning styles of Indian and Alaska Native children after Indian students ; (B) by striking subsection (b) and inserting the following: (b) Particular activities The services and activities referred to in subsection (a) may include— (1) activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application submitted by the local educational agency; (3) high-quality early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards described in 1111(b); (5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement; (6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006, including programs for tech-prep education, mentoring, and apprenticeship; (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; (8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 7111; (9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; (10) family literacy services; (11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; and (12) dropout prevention strategies and strategies to— (A) meet the educational needs of at-risk Indian students in correctional facilities; and (B) support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; (C) in subsection (c)— (i) in paragraph (1), by striking and after the semicolon; (ii) in paragraph (2), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will provide benefits to Indian students. ; and (D) by adding at the end the following: (e) Limitation on use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. ; (9) in section 7116— (A) in subsection (g)— (i) by striking No Child Left Behind Act of 2001 and inserting Every Child Achieves Act of 2015 ; (ii) by inserting the Secretary of Health and Human Services, after the Secretary of the Interior, ; and (iii) by inserting and coordination after providing for the implementation ; and (B) in subsection (o)— (i) in paragraph (1), by striking Not later than 2 years after the date of enactment of the No Child Left Behind Act of 2001, and inserting Not later than 2 years after date of enactment of the Every Child Achieves Act of 2015, and every 5 years thereafter, ; and (ii) by striking paragraph (2) and inserting the following: (2) Contents The report required under paragraph (1) shall identify— (A) any statutory barriers to the ability of participants to more effectively integrate their education and related services to Indian students in a manner consistent with the objectives of this section; and (B) the effective practices for program integration that result in increased student achievement, graduation rates, and other relevant outcomes for Indian students. ; (10) in section 7117— (A) in subsection (b)(1)— (i) in subparagraph (A)(ii), by inserting or membership after the enrollment ; and (ii) in subparagraph (B), by inserting or membership after the enrollment ; (B) by striking subsection (e) and inserting the following: (e) Documentation (1) In general For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicate determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Every Child Achieves Act of 2015 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian student. ; (C) in subsection (g), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (D) by adding at the end the following: (i) Technical assistance The Secretary shall, directly or through contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request, in addition to any technical assistance available under section 1114 or available through the Institute of Education Sciences, to support the services and activities described under this section, including for the— (1) development of applications under this section; (2) improvement in the quality of implementation, content of activities, and evaluation of activities supported under this subpart; (3) integration of activities under this title with other educational activities established by the local educational agency; and (4) coordination of activities under this title with programs administered by each Federal agency providing grants for the provision of educational and related services and sharing of best practices. ; (11) in section 7118, by striking subsection (c) and inserting the following: (c) Reduction of payment for failure To maintain fiscal effort Each local educational agency shall maintain fiscal effort in accordance with section 9521 or be subject to reduced payments under this subpart in accordance with such section 9521. ; (12) in section 7121— (A) by striking the section header and inserting the following: 7121. Improvement of educational opportunities for Indian children and youth ; (B) in subsection (a)— (i) in paragraph (1), by inserting and youth after Indian children ; and (ii) in paragraph (2)(B), by inserting and youth after Alaska Native children ; (C) in subsection (b), by striking Indian institution (including an Indian institution of higher education) and inserting a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965) ; (D) in subsection (c)— (i) in paragraph (1)— (I) in subparagraph (A), by inserting and youth after disadvantaged children ; (II) in subparagraph (B), by inserting and youth after such children ; (III) in subparagraph (D), by inserting and youth after Indian children ; (IV) in subparagraph (E), by inserting and youth after Indian children both places the term appears; (V) by striking subparagraph (G) and inserting the following: (G) high-quality early childhood education programs that are effective in preparing young children to be making sufficient academic progress by the end of grade 3, including kindergarten and prekindergarten programs, family-based preschool programs that emphasize school readiness, and the provision of services to Indian children with disabilities; ; and (VI) in subparagraph (L)— (aa) by striking appropriately qualified tribal elders and seniors and inserting traditional leaders ; and (bb) by inserting and youth after Indian children ; (ii) in paragraph (2), by striking Professional development and inserting High-quality professional development ; (E) in subsection (d)— (i) in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines and inserting award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines ; and (ii) in paragraph (3)(B)— (I) in clause (i), by striking parents of Indian children and inserting parents and family of Indian children ; and (II) in clause (iii), by striking information demonstrating that the proposed program for the activities is a scientifically based research program and inserting evidence demonstrating that the proposed program is an evidence-based program ; and (F) by adding at the end the following: (f) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Every Child Achieves Act of 2015 may continue to carry out such activities after such date of enactment under such grant in accordance with the terms of such grant award. ; (13) in section 7122— (A) in subsection (a)— (i) in paragraph (1), by striking individuals in teaching or other education professions that serve Indian people and inserting teachers and administrators serving Indian students ; and (ii) in paragraph (2)— (I) by inserting and support after to provide training ; and (II) by striking ancillary educational personnel and inserting specialized instructional support personnel ; (B) in subsection (b)— (i) in paragraph (1), by striking including an Indian institution of higher education and inserting including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ; and (ii) in paragraph (4), by inserting in a consortium with at least one Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965, where feasible before the period at the end; (C) in subsection (d)(2), by adding at the end the following: (C) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Every Child Achieves Act of 2015 may continue to carry out such activities under such grant in accordance with the terms of that award. ; (D) by striking subsection (e) and inserting the following: (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, or principals, or school leaders; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and (3) assist participants in meeting the requirements under subsection (h). ; (E) in subsection (f)— (i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (ii) by inserting before paragraph (2), as redesignated by clause (i), the following: (1) may give priority in making grants to tribally-chartered and federally-chartered institutions of higher education; ; and (iii) in paragraph (3), as redesignated by clause (i), by striking basis of and all that follows through the period at the end and inserting basis of the length of any period for which the eligible entity has received a grant. ; (F) by striking subsection (g) and inserting the following: (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and (G) in subsection (h)(1)(A)(ii), by striking people and inserting students in a local educational agency that serves a high proportion of Indian students ; (14) by striking section 7132, as redesignated by section 7001(2), and inserting the following: 7132. Grants to tribes for education administrative planning, development, and coordination (a) In general The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— (1) promote tribal self-determination in education; (2) improve the academic achievement of Indian children and youth; and (3) promote the coordination and collaboration of tribal educational agencies with State and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. (b) Definitions In this section: (1) Eligible applicant In this section, the term eligible applicant means— (A) an Indian tribe or tribal organization approved by an Indian tribe; or (B) a tribal educational agency. (2) Indian tribe The term Indian tribe means a federally recognized tribe or a State-recognized tribe. (3) Tribal educational agency The term tribal educational agency means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. (c) Grant program The Secretary may award grants to— (1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and (2) eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— (A) directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties; (B) build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe; (C) receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed; (D) train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture; (E) build on existing activities or resources rather than replacing other funds; and (F) carry out other activities, subject to the approval of the Secretary. (d) Grant application (1) In general Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may reasonably prescribe. (2) Contents Each application described in paragraph (1) shall contain— (A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; (B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved; and (C) for applications for activities under subsection (c)(2), evidence of— (i) a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and (ii) existing capacity as a tribal educational agency. (3) Approval The Secretary may approve an application submitted by an eligible applicant under this subsection only if the Secretary is satisfied that such application, including any documentation submitted with the application— (A) demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant; (B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and (C) demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought. (e) Restrictions (1) In general A tribe may not receive funds under this section if such tribe receives funds under section 1144 of the Education Amendments of 1978. (2) Direct services No funds under this section may be used to provide direct services. (f) Supplement, not supplant Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students. ; (15) in section 7141(b)(1), by inserting and the Secretary of the Interior after advise the Secretary ; (16) in section 7151, by adding at the end the following: (4) Traditional leaders The term traditional leaders has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). ; and (17) in section 7152— (A) in subsection (a), by striking $96,400,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; and (B) in subsection (b) by striking $24,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 . 7002. Native Hawaiian education Part B of title VII ( 20 U.S.C. 7511 et seq. ) is amended— (1) in section 7202, by striking paragraphs (14) through (21); (2) by striking section 7204 and inserting the following: 7204. Native Hawaiian Education Council (a) Grant authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b). (b) Education council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council ) that meets the requirements of this subsection. (2) Composition The Education Council shall consist of 15 members, of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity; (I) 1 shall be the Mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of Molokai or the Island of Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair, vice chair (A) Selection The Education Council shall select a Chairperson and a Vice-Chairperson from among the members of the Education Council. (B) Term limits The Chairperson and Vice-Chairperson shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of funds for coordination activities The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities: (1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of funds for technical assistance The Education Council shall use funds made available through a grant under subsection (a) to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in paragraphs (2) and (3) of section 7205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these priorities; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 1111(b)(1); and (iv) priorities for funding in specific geographic communities. (e) Use of funds for community consultations The Education Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 7205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. ; (3) in section 7205— (A) in subsection (a)(1)— (i) in subparagraph (C), by striking and after the semicolon; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) charter schools; and ; and (B) in subsection (c)— (i) in paragraph (1), by striking for fiscal year 2002 and each of the 5 succeeding 5 fiscal years and inserting for each of fiscal years 2016 through 2021 ; and (ii) in paragraph (2), by striking for fiscal year 2002 and each of the 5 succeeding fiscal years and inserting for each of fiscal years 2016 through 2021 ; and (4) in section 7207— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) Community consultation The term community consultation means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. . 7003. Alaska Native education Part C of title VII ( 20 U.S.C. 7541 et seq. ) is amended— (1) in section 7302 by striking paragraphs (1) through (7) and inserting the following: (1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Native peoples in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (2) Many Alaska Native children enter and exit school with serious educational disadvantages. (3) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continues, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests. (4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students. (5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. (6) The programs and activities authorized under this subpart give priority to Alaska Native organizations as a means of increasing Alaska Native parents’ and community involvement in the promotion of academic success of Alaska Native students. (7) The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63 , Alaska ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this subpart supports the Federal trust responsibility of the United States to Alaska Natives. ; (2) in section 7303— (A) in paragraph (1), by inserting and address after To recognize ; (B) by striking paragraph (3); (C) by redesignating paragraph (2) as paragraph (4) and paragraph (4) as paragraph (5); (D) by inserting after paragraph (1) the following: (2) To recognize the role of Alaska Native languages and cultures in the educational success and long term well-being of Alaska Native students. (3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming. ; (E) in paragraph (4), as redesignated by subparagraph (C), by striking of supplemental educational programs to benefit Alaska Natives. and inserting of supplemental educational programs to benefit Alaska Native peoples. ; and (F) by adding at the end the following: (6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, implementation, management, and evaluation of programs designed to serve Alaska Native students, and to ensure Alaska Native tribes and tribal organizations play a meaningful role in providing supplemental educational services to Alaska Native students. ; (3) by striking section 7304 and inserting the following: 7304. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with, Indian tribes or tribal organizations that are in partnership with a State educational agency or a local educational agency to carry out programs that meet the purposes of this subpart, or with Indian tribes or tribal organizations that operate programs that fulfill the purposes under this subpart. (2) Mandatory activities Activities provided through the programs carried out under this part shall include the following: (A) The development and implementation of plans, methods, strategies and activities to improve the educational outcomes of Alaska Native peoples. (B) The collection of data to assist in the evaluation of the programs carried out under this subpart. (3) Permissible activities Activities provided through programs carried out under this subpart may include the following: (A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curriculum materials that reflect the cultural diversity, languages, history, or the contributions of Alaska Native people. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (iv) Methods to evaluate teachers’ inclusion of diverse Alaska Native cultures in their lesson plans. (B) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for and understanding of Alaska Native history, cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students and incorporate them into lesson plans and teaching methods. (ii) Recruitment and preparation of teachers who are Alaska Native. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, other school leaders, and superintendents. (C) Early childhood and parenting education activities designed to improve the school readiness of Alaska Native children, including— (i) the development and operation of home visiting programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s education from the earliest ages; (ii) training, education, and support, including in-home visitation, for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development, reading readiness, observation, storytelling, and critical thinking); (iii) family literacy services; (iv) activities carried out under the Head Start Act; (v) programs for parents and their infants, from the prenatal period of the infant through age 3; (vi) early childhood education programs; and (vii) Native language immersion within early childhood, Head Start, or preschool programs. (D) The development and operation of student enrichment programs, including those in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (E) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults and other such research and evaluation activities related to programs funded under this subpart. (F) Activities designed to increase Alaska Native students’ graduation rates and assist Alaska Native students to be prepared for postsecondary education or the workforce without the need for postsecondary remediation, such as— (i) remedial and enrichment programs; (ii) culturally based education programs such as— (I) programs of study and other instruction in Alaska Native history and ways of living to share the rich and diverse cultures of Alaska Native peoples among Alaska Native youth and elders, non-Native students and teachers, and the larger community; (II) instructing Alaska Native youth in leadership, communication, Native culture, arts, and languages; (III) inter-generational learning and internship opportunities to Alaska Native youth and young adults; (IV) cultural immersion activities; (V) culturally informed curriculum intended to preserve and promote Alaska Native culture; (VI) Native language instruction and immersion activities; (VII) school-within-a-school model programs; and (VIII) college preparation and career planning; and (iii) holistic school or community-based support services to enable such students to benefit from the supplemental programs offered, including those that address family instability, school climate, trauma, safety, and nonacademic learning. (G) The establishment or operation of Native language immersion nests or schools. (H) Student and teacher exchange programs, cross-cultural immersion programs, and culture camps designed to build mutual respect and understanding among participants. (I) Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, utilize strategies otherwise permissible under this subpart, and incorporate a strong data collection and continuous evaluation component. (J) Strategies designed to increase parents’ involvement in their children’s education. (K) Programs and strategies that provide technical assistance and support to schools and communities to engage adults in promoting the academic progress and overall well-being of Alaska Native people such as through— (i) strength-based approaches to child and youth development; (ii) positive youth-adult relationships; and (iii) improved conditions for learning (school climate, student connection to school and community), and increased connections between schools and families. (L) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities. (M) Provision of operational support and purchasing of equipment, to develop regional vocational schools in rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities. (N) Regional leadership academies that demonstrate effectiveness in building respect and understanding, and fostering a sense of Alaska Native identity to promote their pursuit of and success in completing higher education or career training. (O) Other activities, consistent with the purposes of this subpart, to meet the educational needs of Alaska Native children and adults. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. ; (4) by striking section 7305 and inserting the following: 7305. Funds for administrative purposes Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes. ; and (5) in section 7306— (A) in paragraph (1), by inserting ( 43 U.S.C. 1602(b) ) and includes the descendants of individuals so defined after Settlement Act ; and (B) by inserting after paragraph (2), the following: (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. (4) Tribal organization The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. . 7004. Native american language immersion schools and programs Title VII ( 20 U.S.C. 7401 ) is further amended by adding at the end the following: D Native American and Alaska Native language immersion schools and programs 7401. Native American and Alaska Native language immersion schools (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction; (2) to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ); and (3) to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve student outcomes within Native American and Alaska Native communities. (b) Definition In this part, the term Native American has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). (c) Program authorized (1) In general From the amounts made available to carry out this part, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education sites and streams, using Native American and Alaska Native languages as the primary language of instruction. (2) Eligible entities In this section, the term eligible entity means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity's use of Native American or Alaska Native languages as the primary language of instruction: (A) An Indian tribe. (B) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965). (C) A tribal education agency. (D) A public elementary school or secondary school (including a public charter school). (E) A school operated by the Bureau of Indian Education. (F) An Alaska Native Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )). (G) A private, tribal, or Alaska Native nonprofit organization. (d) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any. (D) A description of how the applicant will— (i) use the funds provided to meet the purposes of this part; (ii) implement the activities described in subsection (f); (iii) ensure the implementation of rigorous academic content; and (iv) ensure that students progress towards high-level fluency goals. (E) Information regarding the school’s organizational governance or affiliations, including information about— (i) the school governing entity (such as a local educational agency, tribal education agency or department, charter organization, private organization, or other governing entity); (ii) the school’s accreditation status; (iii) any partnerships with institutions of higher education; and (iv) any indigenous language schooling and research cooperatives. (F) An assurance that— (i) the school is engaged in meeting State or tribally designated proficiency levels for students, as may be required by applicable Federal, State, or tribal law; (ii) the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible; (iii) the qualifications of all instructional and leadership personnel at such school is sufficient to deliver high quality education through the Native American or Alaska Native language used in the school; and (iv) the school will collect and report to the public data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or job training programs, of students who are enrolled in the school's programs. (2) Limitation The Secretary shall not give a priority in awarding grants under this part based on the information described in paragraph (1)(E). (3) Submission of certification (A) In General An eligible entity that is a public elementary school or secondary school (including a public charter school) or a non-tribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph (B) indicating that the school has the capacity to provide education primarily through a Native American or Alaska Native language and that there are sufficient speakers of the target language at the school or available to be hired by the school. (B) Certification The certification described in subparagraph (A) shall be from one of the following entities, on whose land the school is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school: (i) A Tribal College or University. (ii) A federally recognized Indian tribe or tribal organization. (iii) An Alaska Native Regional Corporation or an Alaska Native nonprofit organization. (iv) A Native Hawaiian organization. (e) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount of each grant and the duration of each grant, which shall not exceed 3 years; and (2) ensure, to the maximum extent feasible, that diversity in languages is represented. (f) Activities authorized (1) Required activities An eligible entity that receives a grant under this section shall use such funds to carry out the following activities: (A) Supporting Native American or Alaska Native language education and development. (B) Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program. (C) Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program. (2) Allowable activities An eligible entity that receives a grant under this section may use such funds to carry out the following activities: (A) Developing or refining curriculum, including teaching materials and activities, as appropriate. (B) Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards. (g) Report to secretary Each eligible entity that receives a grant under this part shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2016 through 2021. . VIII Impact Aid 8001. Purpose Section 8001 ( 20 U.S.C. 7701 ) is amended in the matter preceding paragraph (1), by striking challenging State standards and inserting the same challenging State academic standards . 8002. Amendment to Impact Aid Improvement Act of 2012 Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1748; 20 U.S.C. 6301 note) is amended— (1) by striking paragraphs (1) and (4); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 8003. Payments relating to federal acquisition of real property Section 8002 ( 20 U.S.C. 7702 ) is amended— (1) in subsection (b)(3), by striking subparagraph (B) and inserting the following: (B) Special rule In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by— (i) first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shared the Federal property, as provided in subparagraph (A)(ii); (ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and (iii) then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency. ; (2) in subsection (e)(2), by adding at the end the following: For each fiscal year beginning with fiscal year 2015, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1). For each fiscal year beginning with fiscal year 2015, the Secretary shall treat local educational agencies that serve a county chartered or formed in 1734 having more than 24 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1). ; (3) by striking subsection (f) and inserting the following: (f) Special rule Beginning with fiscal year 2015, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of this subsection, as such subsection was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015. ; (4) in subsection (h)(4), by striking For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted and inserting For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year ; (5) by striking subsection (k); and (6) by redesignating subsections (l), (m), and (n), as subsections (j), (k), and (l), respectively. 8004. Payments for eligible federally connected children Section 8003 ( 20 U.S.C. 7703 ) is amended— (1) in subsection (a)(5)(A), by striking to be children and all that follows through the period at the end and inserting or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation upon which such housing is situated. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (B) in paragraph (2), by striking subparagraphs (B) through (H) and inserting the following: (B) Eligibility for heavily impacted local educational agencies (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency— (aa) whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and (bb) that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for any agency that has a total student enrollment less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that— (AA) has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2013 and is located in a State that by State law has eliminated ad valorem tax as a revenue for local educational agencies; (III) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; (bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and (cc) has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which— (aa) not less than 50 percent are children described in subsection (a)(1); and (bb) not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (V) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent of the total student enrollment of the agency; (bb) has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of all States (whichever average per-pupil expenditure is greater), except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement, and has a tax rate for general fund purposes which is not less than 95 percent of the average tax rate for general fund purposes of local educational agencies in the State; and (cc) was eligible to receive assistance under subparagraph (A) for fiscal year 2001. (ii) Loss of eligibility (I) In general Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Loss of eligibility due to falling below 95 percent of the average tax rate for general fund purposes In a case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii). (III) Taken over by state board of education In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in 2 previous years, such agency shall be deemed to maintain heavily impacted status for 2 fiscal years from after the date of enactment of the Every Child Achieves Act of 2015. (iii) Resumption of eligibility A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made. (C) Maximum amount for heavily impacted local educational agencies (i) In general Except as provided in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Calculation of weighted student units (I) In general (aa) In general For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency's total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Exception Notwithstanding item (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment. (II) Enrollment of 100 or fewer children For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) Enrollment of more than 100 children but less than 1000 For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. (D) Maximum amount for large heavily impacted local educational agencies (i) In general (I) In general Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) Heavily impacted local educational agency A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Factor For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. (E) Data For purposes of providing assistance under this paragraph the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this paragraph. (F) Determination of average tax rates for general fund purposes (i) In general Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either— (I) the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or (II) the average tax rate of all the local educational agencies in the State. (ii) Fiscal years 2010-2015 (I) In general For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph (A) because the Secretary determined that it failed to meet the average tax rate requirement for general fund purposes in subparagraph (B)(i)(II)(bb), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement. (II) Subsequent fiscal years after 2015 For any succeeding fiscal year after 2015, any local educational agency identified in subclause (I) may continue to have its State use that alternate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(bb) is met. (III) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve an amount equal to a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2013 or 2014 in order to make payments under this clause for fiscal years 2011 through 2014. (G) Eligibility for heavily impacted local educational agencies affected by privatization of military housing (i) Eligibility For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph (B), (C), (D), or (E), as the case may be, due to of the conversion of military housing units to private housing described in clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph (B) or (C), as the case may be, for the period during which the housing units are undergoing such conversion or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing. (ii) Amount of payment The amount of a payment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph (C) or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph (C) or (D) under which the agency was paid during the prior fiscal year. (iii) Conversion of military housing units to private housing described For purposes of clause (i), conversion of military housing units to private housing means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law. ; and (C) in paragraph (3)— (i) in subparagraph (B), by striking clause (iii) and inserting the following: (iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment in fiscal year 2009 calculated under this paragraph (as this paragraph was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015) for students in grades 9 through 12, the Secretary shall, in calculating the agency's payment, consider only that portion of such agency's total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II). ; (ii) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), and inserting paragraph (2)(D) ; and (iii) by striking subparagraph (D) and inserting the following: (D) Ratable distribution For fiscal years described in subparagraph (A), for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraphs (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency. (E) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated are insufficient to pay each local educational agency all of the local educational agency's threshold payment described in subparagraph (D), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (F) Increases If the sums appropriated are sufficient to increase the threshold payment above the 100 percent threshold payment described in subparagraph (D), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection. (G) Provision of tax rate and resulting percentage The Secretary shall provide the local educational agency’s tax rate and the resulting percentage to each eligible local educational agency immediately following the payments of funds under paragraph (2). ; (3) in subsection (c), by striking paragraph (2) and inserting the following: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior, or the heads of other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year. ; (4) in subsection (d)— (A) in the subsection heading, by striking Children and inserting Students ; (B) in paragraph (1), by striking children both places the term appears and inserting students ; and (C) in paragraph (2), by striking children and inserting students ; (5) in subsection (e), by striking paragraph (1) and inserting the following: (1) In general (A) In general In the case of any local educational agency whose payment under subsection (b) for a fiscal year is determined to be reduced by an amount greater than $5,000,000 or by 20 percent, as compared to the amount received in the previous fiscal year, the Secretary shall, subject to subparagraph (B), pay a local educational agency, for each of the 3 years following the reduction under subsection (b), the amount determined under subparagraph (B). (B) Amount of reduction Subject to subparagraph (C), a local educational agency described in subparagraph (A) shall receive— (i) for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency received under paragraph (1) or (2) of subsection (b) in the fiscal year prior to the reduction (referred to in this paragraph as the base year ); (ii) for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under paragraph (1) or (2) of subsection (b) in the base year; and (iii) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under paragraph (1) or (2) of subsection (b) in the base year. (C) Special rule For any fiscal year for which a local educational agency would be subject to a reduced payment under clause (ii) or (iii) of subparagraph (B), but the total amount of the payment for which the local educational agency is eligible under subsection (b) for that fiscal year is greater than the amount that initially subjected the local educational agency to the requirements of this subsection, the Secretary shall pay the greater amount to the local educational agency for such year. ; and (6) by striking subsection (g). 8005. Policies and procedures relating to children residing on indian lands Section 8004(e)(9) ( 20 U.S.C. 7704(e)(9) ) is amended by striking Affairs both places the term appears and inserting Education . 8006. Application for payments under sections 8002 and 8003 Section 8005 ( 20 U.S.C. 7705 ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking , and shall contain such information, ; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (3) by inserting after subsection (b) the following: (c) Student count In collecting information to determine the eligibility of a local educational agency and the number of federally connected children for the local educational agency, the Secretary shall, in addition to any options provided under section 222.35 of title 34, Code of Federal Regulations, or a successor regulation, allow a local educational agency to count the number of such children served by the agency as of the date by which the agency requires all students to register for the school year of the fiscal year for which the application is filed. . 8007. Construction Section 8007(b) ( 20 U.S.C. 7707(b) ) is amended— (1) in paragraph (3)(C)(i)(I), by adding at the end the following: (cc) Not less than 10 percent of the property in the agency is exempt from State and local taxation under Federal law. ; and (2) in paragraph (6), by striking subparagraph (F). 8008. State consideration of payments in providing state aid Section 8009(c)(1)(B) ( 20 U.S.C. 7709(c)(1)(B) ) is amended by striking and contain the information . 8009. Definitions Section 8013(5)(A) ( 20 U.S.C. 7713(5)(A) ) is amended— (1) in clause (ii), by striking subclause (III) and inserting the following: (III) conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act— (aa) that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; or (bb) is considered Federal property for the purpose of this paragraph, only if the property is located within a Regional Educational Attendance Area that has no taxing power; ; and (2) in clause (iii)— (A) in subclause (II), by striking Stewart B. McKinney Homeless Assistance Act and inserting McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) ; and (B) by striking subclause (III) and inserting the following: (III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); or . 8010. Authorization of appropriations Section 8014 ( 20 U.S.C. 7714 ) is amended— (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; (2) in subsection (b), by striking $809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; (5) in subsection (d), as redesignated by paragraph (4), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; and (6) in subsection (e), as redesignated by paragraph (4), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 . IX General provisions 9101. Definitions Section 9101 ( 20 U.S.C. 7801 ) is amended— (1) by striking paragraphs (3), (19), (35), (36), (37), and (42); (2) by redesignating paragraphs (1), (2), (17), (18), (20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and (43) as paragraphs (2), (3), (18), (19), (24), (25), (26), (27), (28), (20), (29), (30), (32), (33), (34), (35), (36), (37), (38), (40), (41), (44), and (45), respectively, and by transferring such paragraph (20), as so redesignated, so as to follow such paragraph (19), as so redesignated; (3) by inserting before paragraph (2), as redesignated by paragraph (2), the following: (1) 4-year adjusted cohort graduation rate The term 4-year adjusted cohort graduation rate has the meaning given the term four-year adjusted cohort graduation rate in section 200.19(b)(1) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008. ; (4) by striking paragraph (11) and inserting the following: (11) Core academic subjects The term core academic subjects means English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, and physical education, and any other subject as determined by the State or local educational agency. ; (5) in paragraph (13)— (A) by striking subparagraphs (B), (E), (G), and (K); (B) by redesignating subparagraphs (C), (D), (F), (H), (I), (J), and (L), as subparagraphs (B), (C), (D), (E), (F), (G), and (I), respectively; and (C) by inserting after subparagraph (G), as redesignated by subparagraph (B), the following: (H) part G of title V; and ; (6) by inserting after paragraph (16) the following: (17) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965. ; (7) in paragraph (20), as redesignated and moved by paragraph (2)— (A) in the paragraph heading, by striking Limited english proficient and inserting English learner ; (B) in the matter preceding subparagraph (A), by striking limited English proficient and inserting English learner ; and (C) in subparagraph (D)(i), by striking State’s proficient level of achievement on State assessments described in section 1111(b)(3) and inserting challenging State academic standards described in section 1111(b)(1) ; (8) by inserting after paragraph (20), as transferred and redesignated by paragraph (2), the following: (21) Evidence-based (A) In general Except as provided in subparagraph (B), the term evidence-based , when used with respect to an activity, means an activity that— (i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on— (I) strong evidence from at least 1 well-designed and well-implemented experimental study; (II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or (III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or (ii) (I) demonstrates a rationale that is based on high-quality research findings that such activity is likely to improve student outcomes or other relevant outcomes; and (II) includes ongoing efforts to examine the effects of such activity. (B) Definition for part A of title I For purposes of part A of title I, the term evidence-based , when used with respect to an activity, means an activity that meets the requirements of subclause (I) or (II) of subparagraph (A)(i). (22) Expanded learning time The term expanded learning time means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for— (A) instruction and enrichment in core academic subjects, other academic subjects, and other activities that contribute to a well-rounded education; and (B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects. (23) Extended-year adjusted cohort graduation rate The term extended-year adjusted cohort graduation rate has the meaning given the term in section 200.19(b)(1)(v) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008. ; (9) by striking paragraph (27), as redesignated by paragraph (2), and inserting the following: (27) High school The term high school means a secondary school that— (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. ; (10) in paragraph (29), as redesignated by paragraph (2), in subparagraph (C)— (A) in the subparagraph heading, by striking BIA and inserting BIE ; and (B) by striking Affairs both places the term appears and inserting Education ; (11) by inserting after paragraph (30), as redesignated by paragraph (2), the following: (31) Multi-tier system of supports The term multi-tier system of supports means a comprehensive continuum of evidence-based, system-wide practices to support a rapid response to academic and behavioral needs, with frequent data-based monitoring for instructional decisionmaking. ; (12) in paragraph (33), as redesignated by paragraph (2), by striking pupil services and inserting specialized instructional support ; (13) in paragraph (34), as redesignated by paragraph (2), by striking includes the freely associated states and all that follows through the period at the end and inserting includes the Republic of Palau except during any period for which the Secretary determines that a Compact of Free Association is in effect that contains provisions for education assistance prohibiting the assistance provided under this Act. ; (14) in paragraph (36), as redesignated by paragraph (2)— (A) in subparagraph (C), by inserting and after the semicolon; and (B) in subparagraph (D), by striking section 1118 and inserting section 1115 ; (15) by striking paragraph (38), as redesignated by paragraph (2), and inserting the following: (38) Professional development The term professional development means activities that— (A) are coordinated and aligned to support educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators); and (B) are designed and implemented to improve student achievement and classroom practice, which may include activities that— (i) improve and increase teachers’— (I) knowledge of the academic subjects the teachers teach; (II) understanding of how students learn; and (III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; (ii) are an integral part of broad schoolwide and districtwide educational improvement plans; (iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback; (iv) give teachers, principals, other school leaders, and administrators the knowledge and skills to provide students with the opportunity to meet challenging State academic standards; (v) improve classroom management skills; (vi) (I) are high-quality, sustained, intensive, collaborative, job-embedded, data-driven, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom; and (II) are not 1-day or short-term workshops or conferences; (vii) support the recruiting, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification; (viii) advance teacher understanding of— (I) effective instructional strategies that are evidence-based; and (II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers; (ix) are aligned with and directly related to— (I) challenging State academic standards and assessments under section 1111(b); (II) the curricula and programs tied to the standards described in subclause (I); and (III) related academic goals of the school or local educational agency; (x) are developed with extensive participation of teachers, principals, other school leaders, parents, and administrators of schools to be served under this Act; (xi) are designed to give teachers of children who are English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments; (xii) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach; (xiii) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development; (xiv) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tiered systems of supports, and use of accommodations; (xv) include instruction in the use of data and assessments to inform and instruct classroom practice; (xvi) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families; (xvii) involve the forming of partnerships with institutions of higher education to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions; (xviii) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; (xix) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and (xx) where applicable and practical, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness. ; (16) by inserting after paragraph (38), as redesignated by paragraph (2), the following: (39) School leader The term school leader means a principal, assistant principal, or other individual who is— (A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and (B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building. ; (17) by inserting after paragraph (41), as redesignated by paragraph (2), the following: (42) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel means — (i) school counselors, school social workers, and school psychologists; and (ii) other qualified professional personnel, such as school nurses and speech language pathologists, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (B) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel. ; (18) by inserting after paragraph (45), as redesignated by paragraph (2), the following: (46) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965. ; and (19) by striking the undesignated paragraph between paragraphs (41) and (44), as redesignated by paragraph (2), and inserting the following: (43) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. . 9102. Applicability to Bureau of Indian education operated schools Section 9103 ( 20 U.S.C. 7803 ) is amended— (1) in the section heading, by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (2) by striking Bureau of Indian Affairs each place the term appears and inserting Bureau of Indian Education . 9103. Consolidation of funds for local administration Section 9203(b) ( 20 U.S.C. 7823(b) ) is amended by striking Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State and inserting A State . 9104. Rural consolidated plan Section 9305 ( 20 U.S.C. 7845 ) is amended by adding at the end the following: (e) Rural consolidated plan (1) In General Two or more eligible local educational agencies, a consortium of eligible local education service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf. (2) Eligible local educational agency For the purposes of this subsection, the term eligible local educational agency means a local educational agency that is an eligible local educational agency under part B of title VI. . 9105. Waivers of statutory and regulatory requirements Section 9401 ( 20 U.S.C. 7861 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Request for waiver by State or Indian tribe A State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Local educational agency and school requests submitted through the State (A) Request for waiver by local educational agency A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate. (B) Request for waiver by school An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate. (3) Receipt of waiver Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking , local educational agency, and inserting , acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), ; and (II) by inserting , which shall include a plan after to the Secretary ; and (ii) by striking subparagraphs (C) and (D) and inserting the following: (C) describes the methods the State educational agency, local educational agency, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan; (D) includes only information directly related to the waiver request on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to each category of students described in section 1111(b)(2)(B)(xi); and ; (B) in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) and inserting (on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State) ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State under subsection (a)(2), after acting on its own behalf, ; and (II) in clause (i)— (aa) by striking all interested local educational agencies and inserting any interested local educational agency ; and (bb) by inserting , to the extent that the request impacts the local educational agency before the semicolon at the end; and (ii) in subparagraph (B)(i), by striking reviewed by the State educational agency and inserting reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary ; and (D) by adding at the end the following: (4) Waiver determination, demonstration, and revision (A) In general The Secretary shall issue a written determination regarding the approval or disapproval of a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— (i) the waiver request does not meet the requirements of this section; or (ii) the waiver is not permitted under subsection (c). (B) Waiver determination and revision If the Secretary determines and demonstrates 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 and State educational agency, or Indian tribe, as applicable, of such determination; and (II) provide detailed reasons for such determination in writing and in a public manner, such as posting to the Department’s website in a clear and easily accessible manner; (ii) offer the State educational agency, local educational agency (through the State educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may disapprove a waiver request if— (i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency (through the State 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 determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). (D) External conditions The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; (3) in subsection (c)— (A) in paragraph (8), by striking subpart 1 of part B of title V and inserting part A of title V ; and (B) in paragraph (10), by striking subsections (a) and (b) of section 1113 and insert section 1113(a) both places the term appears; (4) in subsection (d)— (A) in the subsection heading, by adding ; Limitations after Waiver ; and (B) by adding at the end the following: (3) Specific limitations The Secretary shall not place any requirements on a State educational agency, local educational agency, or Indian tribe as a condition, criterion, or priority for the approval of a waiver request, unless such requirements are— (A) otherwise requirements under this Act; and (B) directly related to the waiver request. ; (5) by striking subsection (e) and inserting the following: (e) Reports A State educational agency, local educational agency, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(d)— (1) the progress of schools covered under the provisions of such waiver toward improving the quality of instruction to students and increasing student academic achievement; and (2) how the use of the waiver has contributed to such progress. ; and (6) in subsection (f), by striking if the Secretary determines and all that follows through the period at the end and inserting the following: if, after notice and an opportunity for a hearing, the Secretary— (A) presents substantial evidence that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or (B) determines that the waiver is no longer necessary to achieve its original purposes. . 9106. Plan approval process Title IX ( 20 U.S.C. 7801 et seq. ) is amended— (1) by redesignating parts E and F as parts F and G, respectively; (2) in section 9573— (A) in subsection (b)(1), by striking early childhood development (Head Start) services and inserting early childhood education programs ; (B) in subsection (c)(2)— (i) in the paragraph heading by striking development services and inserting education programs ; and (ii) by striking development (Head Start) services and inserting education programs ; and (C) in subsection (e), as redesignated by section 4001(5), in paragraph (3), by striking subparagraph (C) and inserting the following: (C) such other matters as justice may require. ; and (3) by inserting after section 9401 the following: E Approval and disapproval of state plans and local applications 9451. Approval and disapproval of state plans (a) Deemed approval A plan submitted by a State pursuant to section 2101(d), 4103(d), or 9302 shall be deemed to be approved by the Secretary unless— (1) the Secretary makes a written determination, prior to the expiration of the 90-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d) or 4103(d) or part C, respectively; and (2) the Secretary presents substantial evidence that clearly demonstrates that such State plan does not meet the requirements of section 2101(d) or 4103(d) or part C, respectively. (b) Disapproval process (1) In general The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(d), or 9302, except after giving the State educational agency notice and an opportunity for a hearing. (2) Notifications If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d) or 4103(d) or part C, as applicable, the Secretary shall– (A) immediately notify the State of such determination; (B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; (C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable; (D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable; (E) conduct a public hearing within 30 days of the plan's resubmission under subparagraph (C), with public notice provided not less than 15 days before such hearing, unless a State declines the opportunity for such public hearing; and (F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. (3) Response If the State educational agency responds to the Secretary’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan with the requested information described in paragraph (2)(B), the Secretary shall approve or disapprove such plan prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the plan is resubmitted; or (B) the expiration of the 90-day period described in subsection (a). (4) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. (c) Peer-review requirements Notwithstanding any other requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(3). 9452. Approval and disapproval of local educational agency applications (a) Deemed approval An application submitted by a local educational agency pursuant to section 2102(b), 4104(b), or 9305 shall be deemed to be approved by the State educational agency unless— (1) the State educational agency makes a written determination, prior to the expiration of the 90-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2102(b) or 4104(b), or part C, respectively; and (2) the State presents substantial evidence that clearly demonstrates that such application does not meet the requirements of section 2102(b) or 4104(b), or part C, respectively. (b) Disapproval process (1) In general The State educational agency shall not finally disapprove an application submitted under section 2102(b), 4104(b), or 9305 except after giving the local educational agency notice and opportunity for a hearing. (2) Notifications If the State educational agency finds that the application submitted under section 2102(b), 4104(b), or 9305 is not in compliance, in whole or in part, with section 2102(b) or 4104(b), or part C, respectively, the State educational agency shall— (A) immediately notify the local educational agency of such determination; (B) provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; (C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present substantial evidence to clearly demonstrate that the application meets the requirements of such section or part; (D) provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable; (E) conduct a public hearing within 30 days of the application's resubmission under subparagraph (C), with public notice provided not less than 15 days before such hearing, unless a local educational agency declines the opportunity for such public hearing; and (F) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(C), the State educational agency shall approve or disapprove such application prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B) the expiration of the 90-day period described in subsection (a). (4) Failure to respond If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(B) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. . 9107. Participation by private school children and teachers Section 9501 ( 20 U.S.C. 7881 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking subparagraphs (A) through (H) and inserting the following: (A) part C of title I; (B) part A of title II; (C) part A of title III; and (D) title IV. ; and (B) by striking paragraph (3); and (2) in subsection (c)(1)— (A) in subparagraph (E)— (i) by striking and the amount and inserting , the amount ; and (ii) by striking services; and and inserting services, and how that amount is determined; ; (B) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (G) whether the agency, consortium, or entity shall provide services directly or assign responsibility for the provision of services to a separate government agency, consortium, or entity, or to a third-party contractor. . 9108. Maintenance of effort Section 9521 ( 20 U.S.C. 7901 ) is amended— (1) in subsection (a), by inserting , subject to the requirements of subsection (b) after for the second preceding fiscal year ; (2) in subsection (b)(1), by inserting before the period at the end the following: , if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years ; and (3) in subsection (c)(1), by inserting or a change in the organizational structure of the local educational agency after , such as a natural disaster . 9109. School prayer Section 9524(a) ( 20 U.S.C. 7904(a) ) is amended by striking on the Internet and inserting by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner . 9110. Prohibitions on Federal Government and use of Federal funds Section 9527 ( 20 U.S.C. 7907 ) is amended to read as follows: 9527. Prohibitions on Federal Government and use of Federal funds (a) General prohibition (1) In general Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, through grants, contracts, or other cooperative agreements (including as a condition of any waiver provided under section 9401) to— (A) mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, instructional content, specific academic standards or assessments, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; (B) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction, including by providing any priority, preference, or special consideration during the application process for any grant, contract, or cooperative agreement that is based on the adoption of any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction; or (C) make financial support available in a manner that is conditioned upon a State, local educational agency, or school’s adoption of any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction (such as the Common Core State Standards developed under the Common Core State Standards Initiative, any other standards common to a significant number of States, or any specific assessment, instructional content, or curriculum aligned to such standards). (b) Prohibition on endorsement of curriculum Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly, including through any grant, contract, cooperative agreement, or waiver provided by the Secretary under section 9401, to endorse, approve, or sanction any curriculum (including the alignment of such curriculum to any specific academic standard) designed to be used in an early childhood education program, elementary school, secondary school, or institution of higher education. (c) Prohibition on requiring Federal approval or certification of standards (1) In general Notwithstanding any other provision of Federal law, no State shall be required to have academic content or academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act. (2) Rules of construction (A) Applicability Nothing in this subsection shall be construed to affect requirements under title I. (B) State or local authority Nothing in this section shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. (3) Building standards Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school. . 9111. Armed forces recruiter access to students and student recruiting information Section 9528 ( 20 U.S.C. 7908 ) is amended by striking subsection (d). 9112. Prohibition on federally sponsored testing Section 9529 ( 20 U.S.C. 7909 ) is amended to read as follows: 9529. 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, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. (b) Exceptions Subsection (a) shall not apply to international comparative assessments developed under 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. (c) Rule of construction Nothing in this section shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State or local educational agency or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. . 9113. Limitations on national testing or certification for teachers Section 9530(a) ( 20 U.S.C. 7910(a) ) is amended— (1) by inserting , principals, after teachers ; and (2) by inserting , or incentive regarding, after administration of . 9114. Consultation with Indian tribes and tribal organizations Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by section 4001(3), and redesignated by section 9106(1), is further amended by adding at the end the following: 9538. Consultation with Indian tribes and tribal organizations (a) In general To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency during the design and development of the affected local educational agency's programs under this Act, with the overarching goal of meeting the unique cultural, language, and educational needs of American Indian and Alaska Native students. (b) Timing The consultation described in subsection (a) shall include meetings of officials from the affected local educational agency and the tribes or tribal organizations approved by the tribes and shall occur before the affected local educational agency makes any decision regarding how the needs of American Indian and Alaska Native children will be met in covered programs or in services or activities provided under title VII. (c) Documentation Each affected local educational agency shall maintain in the agency's records and provide to the State educational agency a written affirmation signed by officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency. (d) Affected local educational agency In this section, the term affected local educational agency means a local educational agency— (1) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or (2) with an enrollment of not less than 50 American Indian or Alaska Native students. . 9115. Outreach and technical assistance for rural local educational agencies Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3) and 9114, and redesignated by section 9106(1), is further amended by adding at the end the following: 9539. Outreach and technical assistance for rural local educational agencies (a) Outreach The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act. (b) Technical assistance If requested to do so, the Secretary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application. . 9116. Evaluations Section 9601 ( 20 U.S.C. 7941 ) is amended to read as follows: 9601. Evaluations (a) Reservation of funds Except as provided in subsection (b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts— (1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— (A) conduct comprehensive, high-quality evaluations of the programs that— (i) are consistent with the evaluation plan under subsection (d); and (ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; (B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on schools and local educational agencies; and (C) widely disseminate evaluation findings under this section related to programs authorized under this Act— (i) in a timely fashion; (ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; (iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and (iv) in a manner that promotes the utilization of such findings; and (2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences— (A) to evaluate the aggregate short- and long-term effects and cost efficiencies across— (i) Federal programs assisted or authorized under this Act; and (ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any other Federal law; (B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs assisted or authorized under this Act; and (C) to assist recipients of grants under such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1). (b) Title I The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation. (c) Consolidation Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences— (1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and (2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year. (d) Evaluation plan The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— (1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities; (2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and (3) describes how programs authorized under this Act will be regularly evaluated. (e) Evaluation activities authorized elsewhere If, under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the evaluation of that program. . X Education for Homeless Children and Youths; Other Laws; Miscellaneous A Education for Homeless Children and Youth 10101. Statement of policy Section 721 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 ) is amended— (1) in paragraph (2), by striking In any State and all that follows through will review and inserting In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of or enrollment, attendance, or success in school of homeless children and youths, the State educational agency and local educational agencies in the State will review ; (2) in paragraph (3), by striking alone ; and (3) in paragraph (4), by striking challenging State student academic achievement standards and inserting challenging State academic standards . 10102. Grants for State and local activities Section 722 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432 ) is amended— (1) by striking subsection (b) and inserting the following: (b) Reservations (1) Students in territories The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 726, to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective needs for assistance under this subtitle, as determined by the Secretary. (2) Indian students (A) Transfer The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 to the Department of the Interior. The transferred funds shall be used for programs for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), that are consistent with the purposes of the programs described in this subtitle. (B) Agreement The Secretary of Education and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the transferred funds under terms that the Secretary of Education determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts transferred, including appropriate goals, objectives, and milestones. ; (2) in subsection (c)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by striking the subsection heading and all that follows through paragraph (2) and inserting the following: (c) Allotments (1) In general The Secretary is authorized to allot to each State for a fiscal year an amount that bears the same ratio to the amount appropriated for such year under section 726 that remains after the Secretary reserves funds under subsection (b) and uses funds to carry out subsections (d) and (h) of section 724, as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332 ) to the State for that year bears to the total amount allocated under section 1122 of such Act to all States for that year, except as provided in paragraph (2). (2) Minimum allotments Subject to paragraph (3), no State shall receive less under this subsection for a fiscal year than the greater of— (A) $150,000; (B) one-fourth of 1 percent of the amount appropriated under section 726 for that year; or (C) the amount such State received under this section for fiscal year 2001. (3) Reduction for insufficient funds If there are insufficient funds in a fiscal year to allot to each State the minimum amount under paragraph (2), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. ; (3) in subsection (d)— (A) in paragraph (2)— (i) by striking To provide and all that follows through that enable and inserting To provide services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable ; and (ii) by striking or, if and inserting including, if ; and (B) in paragraph (3), by striking designate and all that follows and inserting designate in the State educational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this subtitle. ; (4) in subsection (e)— (A) in paragraph (1), by striking subsection (c)(1) and inserting subsection (c)(2) ; and (B) in paragraph (3)— (i) in subparagraph (E)(ii)(II), by striking subsection (g)(6)(A)(v) and inserting subsection (g)(6)(A)(vi) ; and (ii) in subparagraph (F)(iii), by striking Not later and all that follows through the Secretary and inserting The Secretary ; (5) by striking subsection (f) and inserting the following: (f) Functions of the office of the Coordinator The Coordinator for Education of Homeless Children and Youths established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the number of homeless children and youths identified in the State, which shall be 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 public elementary schools and secondary schools; (C) the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths; (D) any progress made by the State educational 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 described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 724(h); (4) in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate activities and collaborate with— (A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel; (B) providers of services to homeless children and youths and their families, including services of public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services 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 transitional housing facilities, and providers of transitional living programs for homeless youths; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and (E) community organizations and groups representing homeless children and youths and their families; (5) provide technical assistance to and conduct monitoring of local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g); (6) provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths; and (7) respond to inquiries from parents and guardians of homeless children and youths, including (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle. ; (6) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A), by striking achievement ; (ii) in subparagraph (B), by striking special ; (iii) in subparagraph (D)— (I) by striking (including and all that follows through personnel) and inserting (including liaisons designated under subparagraph (J)(ii), principals and school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) ; and (II) by striking of runaway and homeless youths and inserting of homeless children and youths, including such children and youths who are runaway and homeless youths ; (iv) in subparagraph (E), by striking food and inserting nutrition ; (v) in subparagraph (F)— (I) in clause (i), by striking equal and all that follows and inserting access to the same public preschool programs, administered by the State educational agency or local educational agency, as are provided to other children in the State, including ensuring that access by having the administering agency carry out the policies and practices required under paragraph (3); ; (II) in clause (ii), by striking services; and and inserting services, including through the implementation of policies and practices to ensure that youths described in this clause are able to receive appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; ; and (III) by striking clause (iii) and inserting the following: (iii) homeless children and youths who meet the relevant eligibility criteria have access to magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State or local levels; and (iv) the State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including providing access to full participation in the academic and extracurricular activities that are made available to students who are not homeless children and youth. ; (vi) in subparagraph (H)(i), by striking medical and inserting other health ; (vii) in subparagraph (I)— (I) by striking enrollment and inserting identification of homeless children and youths, and the enrollment, ; and (II) by striking State. and inserting State, including barriers related to fees, fines, absences, and credit accrual policies. ; and (viii) in subparagraph (J)— (I) in clause (ii), by striking to carry out and inserting and assurances that the liaison will have sufficient training and time to carry out ; and (II) in clause (iii), in the matter preceding subclause (I), by striking origin, as determined in paragraph (3)(A), and inserting origin (within the meaning of paragraph (3)(A)), which may include a preschool, ; and (III) in subclauses (I) and (II) of clause (iii), by striking homeless each place it appears; (B) in paragraph (3)— (i) in subparagraph (A)(i)(I), by striking or at the end and inserting and ; (ii) in subparagraph (B)— (I) by striking Best interest and inserting School stability ; (II) by redesignating clause (iii) as clause (iv); (III) by striking clauses (i) and (ii) and inserting the following: (i) presume that keeping the child or youth in the school of origin is in the child's or youth’s best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth; (ii) consider factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied youth) the youth; (iii) if after carrying out clauses (i) and (ii) the local educational agency sends the child or youth to a school other than the school of origin or a school requested as described in clause (ii), provide a written explanation, including a statement regarding the right to appeal under subparagraph (E), to the child’s or youth’s parent or guardian, or (in the case of an unaccompanied youth) the youth; and ; and (IV) in that clause (iv), by inserting and takes into account after considers ; (iii) by striking subparagraph (C) and inserting the following: (C) Immediate enrollment (i) In general The school selected 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 period of homelessness. (ii) Relevant academic records The enrolling school shall immediately 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 immunizations or health records, the enrolling school shall immediately refer the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or health records, in accordance with subparagraph (D). ; (iv) in subparagraph (D)— (I) in the matter preceding clause (i), by striking medical records and inserting health records ; and (II) in clause (i), by inserting involved after records ; (v) in subparagraph (E)— (I) in the matter preceding clause (i), by striking If and all that follows through school— and inserting If a dispute arises over eligibility for enrollment, school selection, or enrollment in a public school, including a public preschool— ; (II) in clause (i), by inserting before the semicolon the following: , including all available appeals ; and (III) by striking clause (ii) and inserting the following: (ii) the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions; ; (vi) by striking subparagraph (G) and inserting the following: (G) Privacy Information about a homeless child's or youth's living situation shall be treated as a student education record, and not as directory information, under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). ; and (vii) by adding at the end the following: (I) School of origin defined In this paragraph: (i) In general 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 In the case of a child or youth who completed the final grade level served by the school of origin, as described in clause (i), the term school of origin shall include the designated receiving school at the next grade level. ; (C) in paragraph (4)— (i) in subparagraph (A), by inserting before the period the following , which may include transportation to a preschool ; (ii) in subparagraph (B), by striking and educational and all that follows and inserting educational programs for English learners, charter school programs, and magnet school programs. ; and (iii) in subparagraph (C), by striking vocational and inserting career ; (D) in paragraph (5)— (i) in subparagraph (A)— (I) in clause (i), by striking programs providing and inserting entities providing ; and (II) in clause (ii), by striking such as transportation or and inserting including transportation and ; (ii) in subparagraph (C)— (I) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; (II) by inserting before clause (ii), as redesignated by subclause (I), the following: (i) ensure that all homeless children and youths are promptly identified; ; and (III) in clause (ii), as redesignated by subclause (I), by striking have access and and inserting have access to and are in ; and (iii) by adding at the end the following: (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. ), each local educational agency shall coordinate the provision of services under this subtitle with the provision of programs for children with disabilities served by that local educational agency and other involved local educational agencies. ; (E) in paragraph (6)— (i) in subparagraph (A)— (I) by redesignating clauses (iv) through (vii) as clauses (v) through (viii), respectively; (II) by striking clause (iii) and inserting the following: (iii) homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act ( 42 U.S.C. 9831 et seq. ), early intervention services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ), and other preschool programs administered by the local educational agency; (iv) homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; ; (III) by striking clause (vi), as redesignated by subclause (I), and inserting the following: (vi) public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents and guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; ; (IV) in clause (vii), as redesignated by subclause (I), by striking and at the end; (V) in clause (viii), as redesignated by subclause (I), by striking the period and inserting a semicolon; and (VI) by adding at the end the following: (ix) school personnel providing services 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 challenging State academic standards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and (III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ) and may obtain assistance to receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act ( 20 U.S.C. 1090 ). ; (ii) in subparagraph (B), by striking and advocates and all that follows and inserting advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths who are in secondary school, of the duties of the local educational agency liaisons, and publish an annually updated list of the liaisons on the State educational agency’s website. ; (iii) in subparagraph (C), by adding at the end the following: Such coordination shall include collecting and providing to the State coordinator the reliable, valid, and comprehensive information and data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). ; and (iv) by adding at the end the following: (D) Professional development As determined appropriate by the State coordinator, the local educational agency liaisons shall participate in the professional development activities provided, and other technical assistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), by the State coordinator. ; and (F) in paragraph (7)— (i) in subparagraph (A), by striking that receives and all that follows through enrollment and inserting shall review and revise any policies that may act as barriers to the identification of homeless children and youths or enrollment ; and (ii) in subparagraph (C), by striking enrollment and inserting identification, enrollment, ; and (7) by striking subsection (h). 10103. Local educational agency subgrants Section 723 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11433 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting identification of homeless children and youths and before enrollment, ; and (B) in paragraph (2)(B), in the matter preceding clause (i), by inserting the related before schools ; (2) in subsection (b), by adding at the end the following: (6) An assurance that the local educational agency will collect and promptly provide the information and data requested by the State coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7) An assurance that the applicant will meet the requirements of section 722(g)(3). ; (3) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking preschool, elementary, and secondary schools and inserting early childhood education and other preschool programs, elementary schools, and secondary schools, ; (ii) in subparagraph (A), by inserting identification, before enrollment, ; (iii) in subparagraph (B), by striking application— and all that follows and inserting application reflects coordination with other local and State agencies that serve homeless children and youths. ; and (iv) in subparagraph (C), by inserting (as of the date of submission of the application) after practice ; (B) in paragraph (3)— (i) in subparagraph (C), by inserting extent to which the applicant will promote meaningful after The ; (ii) in subparagraph (D), by striking within and inserting into ; (iii) by redesignating subparagraph (G) as subparagraph (I); (iv) by inserting after subparagraph (F) the following: (G) The extent to which the local educational agency will use the subgrant to leverage resources. (H) How the local educational agency uses funds to serve homeless children and youths under section 1113(a)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(4) ). ; and (v) in subparagraph (I), as redesignated by clause (iii), by striking Such and inserting The extent to which the applicant's program meets such ; and (4) in subsection (d)— (A) in paragraph (1), by striking the same challenging State academic content standards and challenging State student academic achievement standards and inserting the same challenging State academic standards as ; (B) in paragraph (2)— (i) by striking students with limited English proficiency and inserting English learners ; and (ii) by striking vocational and inserting career ; (C) in paragraph (3), by striking pupil services and inserting specialized instructional support services ; (D) in paragraph (7), by striking and unaccompanied youths, and inserting particularly homeless children and youths who are not enrolled in school, ; (E) in paragraph (9), by striking medical and inserting other health ; (F) by striking paragraph (10) and inserting the following: (10) The provision of education and training to the parents and guardians of homeless children and youths about the rights of, and resources available to, such children and youths, and the provision of other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of the children or youths. ; (G) in paragraph (12), by striking pupil services and inserting specialized instructional support services ; (H) in paragraph (13), by inserting before the period the following: or parental mental health or substance abuse problems ; and (I) in paragraph (16), by striking to attend school and inserting to enroll, attend, and succeed in school (including a preschool program) . 10104. Secretarial responsibilities Section 724 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434 ) is amended— (1) by striking subsection (c) and inserting the following: (c) Notice (1) In general The Secretary shall, before the next school year that begins after the date of enactment of the Every Child Achieves Act of 2015, 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 disseminate the notice nationally to all Federal agencies, and grant recipients, serving homeless families or homeless children and youth. ; (2) by striking subsection (d) and inserting the following: (d) Evaluation, dissemination, and technical assistance The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities. ; (3) in subsection (f), by adding at the end the following: The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist. ; (4) by striking subsection (g) and inserting the following: (g) Guidelines The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the Every Child Achieves Act of 2015, guidelines concerning ways in which a State— (1) may assist local educational agencies to implement the provisions related to homeless children and youth amended by that Act; and (2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youth, and the enrollment, attendance, and success of homeless children and youths in school. ; (5) in subsection (h)— (A) in the matter preceding subparagraph (A), by striking periodically and inserting periodically but not less frequently than once every 2 years, ; (B) in subparagraph (A), by striking location and all that follows and inserting location (in cases in which location can be identified) of homeless children and youth, in all areas served by local educational agencies under this subtitle; ; (C) in subparagraph (C), by striking and at the end; (D) by redesignating subparagraph (D) as subparagraph (E); and (E) by inserting after subparagraph (C) the following: (D) the academic progress being made by homeless children and youth, including the percentage or number of homeless children and youth participating in State assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ); and ; and (6) in subsection (i), by striking McKinney-Vento Homeless Education Assistance Improvements Act of 2001 and inserting Every Child Achieves Act of 2015 . 10105. Definitions Section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(6) ) is amended by striking youth and inserting homeless child or youth . 10106. Authorization of appropriations Section 726 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11435 ) is amended to read as follows: 726. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for each of fiscal years 2016 through 2021. . B Other laws; Miscellaneous 10201. Use of term highly qualified in other laws Beginning on the date of the enactment of this Act, any reference in law to the term highly qualified , as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), shall be treated as a reference to such term under section 9101 of the Elementary and Secondary Education Act of 1965 as in effect on the day before the date of the enactment of this Act.

April 30, 2015 Read twice and placed on the calendar

tv_txt: 114th CONGRESS 1st Session S. 1177 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

1. Short title This Act may be cited as the Every Child Achieves Act of 2015 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Statement of purpose. Sec. 5. Table of contents of the Elementary and Secondary Education Act of 1965. TITLE I—Improving Basic Programs Operated by State and Local Educational Agencies Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. School intervention and support and State administration. Sec. 1004. Basic program requirements. Sec. 1005. Parent and family engagement. Sec. 1006. Participation of children enrolled in private schools. Sec. 1007. Supplement, not supplant. Sec. 1008. Coordination requirements. Sec. 1009. Grants for the outlying areas and the Secretary of the Interior. Sec. 1010. Allocations to States. Sec. 1011. Equity grants. Sec. 1011A. Adequacy of funding rule. Sec. 1011B. Education finance incentive grant program. Sec. 1011C. Special allocation procedures. Sec. 1012. Academic assessments. Sec. 1013. Education of migratory children. Sec. 1014. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. Sec. 1015. General provisions. Sec. 1016. Report on subgroup sample size. Sec. 1017. Report on implementation of educational stability of children in foster care. Sec. 1018. Student privacy policy committee. Sec. 1019. Report on student home access to digital learning resources. TITLE II—High-Quality Teachers, Principals, and Other School Leaders Sec. 2001. Transfer of certain provisions. Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, and other school leaders. Sec. 2003. American history and civics education. Sec. 2004. Literacy education. Sec. 2005. Improving science, technology, engineering, and mathematics instruction and student achievement. Sec. 2006. General provisions. TITLE III—Language Instruction for English Learners and Immigrant Students Sec. 3001. General provisions. Sec. 3002. Authorization of appropriations. Sec. 3003. English language acquisition, language enhancement, and academic achievement. Sec. 3004. Other provisions. Sec. 3005. American community survey research. TITLE IV—Safe and Healthy Students Sec. 4001. General provisions. Sec. 4002. Grants to States and local educational agencies. Sec. 4003. 21st century community learning centers. Sec. 4004. Elementary school and secondary school counseling programs. Sec. 4005. Physical education program. Sec. 4006. Family Engagement in Education Programs. TITLE V—Empowering Parents and Expanding Opportunity Through Innovation Sec. 5001. General provisions. Sec. 5002. Public charter schools. Sec. 5003. Magnet schools assistance. Sec. 5004. Supporting high-ability learners and learning. Sec. 5005. Education innovation and research. Sec. 5006. Accelerated learning. Sec. 5007. Ready-to-Learn Television. Sec. 5008. Innovative technology expands children's horizons (I–TECH). Sec. 5009. Literacy and arts education. Sec. 5010. Early learning alignment and improvement grants. Sec. 5011. Full-service community schools. Sec. 5012. Promise neighborhoods. TITLE VI—Innovation and Flexibility Sec. 6001. Purposes. Sec. 6002. Improving academic achievement. Sec. 6003. Rural education initiative. Sec. 6004. General provisions. Sec. 6005. Review relating to rural local educational agencies. TITLE VII—Indian, Native Hawaiian, and Alaska Native Education Sec. 7001. Indian education. Sec. 7002. Native Hawaiian education. Sec. 7003. Alaska Native education. Sec. 7004. Native American language immersion schools and programs. Sec. 7005. Improving Indian student data collection, reporting, and analysis. Sec. 7006. Report on elementary and secondary education in rural or poverty areas of Indian country. Sec. 7007. Report on responses to Indian student suicides. TITLE VIII—Impact Aid Sec. 8001. Purpose. Sec. 8002. Amendment to Impact Aid Improvement Act of 2012. Sec. 8003. Payments relating to Federal acquisition of real property. Sec. 8004. Payments for eligible federally connected children. Sec. 8005. Policies and procedures relating to children residing on Indian lands. Sec. 8006. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Definitions. Sec. 8011. Authorization of appropriations. TITLE IX—General Provisions Sec. 9101. Definitions. Sec. 9102. Applicability to Bureau of Indian Education operated schools. Sec. 9102A. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9102B. Consolidation of funds for local administration. Sec. 9103. Consolidation of funds for local administration. Sec. 9104. Rural consolidated plan. Sec. 9105. Waivers of statutory and regulatory requirements. Sec. 9106. Plan approval process. Sec. 9107. Participation by private school children and teachers. Sec. 9108. Maintenance of effort. Sec. 9109. School prayer. Sec. 9110. Prohibitions on Federal Government and use of Federal funds. Sec. 9111. Armed forces recruiter access to students and student recruiting information. Sec. 9112. Prohibition on federally sponsored testing. Sec. 9113. Limitations on national testing or certification for teachers. Sec. 9114. Consultation with Indian tribes and tribal organizations. Sec. 9114A. Application for competitive grants from the Bureau of Indian Education. Sec. 9115. Outreach and technical assistance for rural local educational agencies. Sec. 9115A. Consultation with the Governor. Sec. 9115B. Local governance. Sec. 9115C. Rule of construction regarding travel to and from school. Sec. 9116. Evaluations. Sec. 9117. Prohibition on aiding and abetting sexual abuse. TITLE X—Education for Homeless Children and Youths; Other Laws; Miscellaneous PART A—Education for Homeless Children and Youth Sec. 10101. Statement of policy. Sec. 10102. Grants for State and local activities. Sec. 10103. Local educational agency subgrants. Sec. 10104. Secretarial responsibilities. Sec. 10105. Definitions. Sec. 10106. Authorization of appropriations. PART B—Other Laws; Miscellaneous Sec. 10201. Use of term highly qualified in other laws. Sec. 10202. Department staff. Sec. 10203. Report on Department actions to address Office of the Inspector General charter school reports. Sec. 10204. Comptroller General study on increasing effectiveness of existing services and programs intended to benefit children. Sec. 10205. Posthumous pardon. Sec. 10206. Education Flexibility Partnership Act of 1999 reauthorization. PART C—American Dream Accounts Sec. 10301. Short title. Sec. 10302. Definitions. Sec. 10303. Grant program. Sec. 10304. Applications; priority. Sec. 10305. Authorized activities. Sec. 10306. Reports and evaluations. Sec. 10307. Eligibility to receive Federal student financial aid. Sec. 10308. Authorization of appropriations. Sec. 10309. Report on the reduction of the number and percentage of students who drop out of school. Sec. 10310. Report on Native American language medium education. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Statement of purpose The purpose of this Act is to enable States and local communities to improve and support our Nation’s public schools and ensure that every child has an opportunity to achieve. 5. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 4. Education flexibility program. TITLE I—Improving the Academic Achievement of the Disadvantaged Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. State administration. PART A—Improving Basic Programs Operated by Local Educational Agencies SUBPART 1—Basic Program Requirements Sec. 1111. State plans. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs. Sec. 1114. School identification, interventions, and supports. Sec. 1115. Parent and family engagement. Sec. 1116. Participation of children enrolled in private schools. Sec. 1117. Fiscal requirements. Sec. 1118. Coordination requirements. SUBPART 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1123. Equity grants. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. PART B—Academic Assessments Sec. 1201. Grants for State assessments and related activities. Sec. 1202. Grants for enhanced assessment instruments. Sec. 1203. Audits of assessment systems. Sec. 1204. Funding. Sec. 1205. Innovative assessment and accountability demonstration authority. PART C—Education of Migratory Children Sec. 1301. Program purpose. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. Coordination of migrant education activities. Sec. 1309. Definitions. PART D—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. SUBPART 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Evaluation; technical assistance; annual model program. SUBPART 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. SUBPART 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. PART E—General Provisions Sec. 1501. Federal regulations. Sec. 1502. Agreements and records. Sec. 1503. State administration. Sec. 1504. Prohibition against Federal mandates, direction, or control. Sec. 1505. Rule of construction on equalized spending. TITLE II—Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders Sec. 2001. Purpose. Sec. 2002. Definitions. Sec. 2003. Authorization of appropriations. PART A—Fund for the Improvement of Teaching and Learning Sec. 2101. Formula grants to States. Sec. 2102. Subgrants to local educational agencies. Sec. 2103. Local use of funds. Sec. 2104. Reporting. Sec. 2105. National activities of demonstrated effectiveness. Sec. 2106. Supplement, not supplant. PART B—Teacher and School Leader Incentive Program Sec. 2201. Purposes; definitions. Sec. 2202. Teacher and school leader incentive fund grants. Sec. 2203. Reports. PART C—American History and Civics Education Sec. 2301. Program authorized. Sec. 2302. Teaching of traditional American history. Sec. 2303. Presidential and congressional academies for American history and civics. Sec. 2304. National activities. Sec. 2305. Authorization of appropriations. PART D—Literacy Education For All, Results For the Nation Sec. 2401. Purposes; definitions. Sec. 2402. Comprehensive literacy State development grants. Sec. 2403. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 2405. National evaluation and information dissemination. Sec. 2406. Supplement, not supplant. PART E—Improving science, technology, engineering, and mathematics instruction and student achievement. Sec. 2501. Purpose. Sec. 2502. Definitions. Sec. 2503. Grants; allotments. Sec. 2504. Applications. Sec. 2505. Authorized activities. Sec. 2506. Performance metrics; report; evaluation. Sec. 2507. Supplement, not supplant. Sec. 2508. Report on cybersecurity education. PART F—General Provisions Sec. 2601. Rules of construction. TITLE III—Language Instruction for English Learners and Immigrant Students Sec. 3001. Authorization of appropriations. PART A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. SUBPART 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State and specially qualified agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. SUBPART 2—Accountability and Administration Sec. 3121. Reporting. Sec. 3122. Reporting requirements. Sec. 3123. Coordination with related programs. Sec. 3124. Rules of construction. Sec. 3125. Legal authority under State law. Sec. 3126. Civil rights. Sec. 3127. Programs for Native Americans and Puerto Rico. Sec. 3128. Prohibition. SUBPART 3—National Activities Sec. 3131. National professional development project. PART B—General Provisions Sec. 3201. Definitions. Sec. 3202. National clearinghouse. Sec. 3203. Regulations. TITLE IV—Safe and Healthy Students PART A—Grants to States and Local Educational Agencies Sec. 4101. Purpose. Sec. 4102. Definitions. Sec. 4103. Formula grants to States. Sec. 4104. Subgrants to local educational agencies. Sec. 4105. Local educational agency authorized activities. Sec. 4106. Supplement, not supplant. Sec. 4107. Prohibitions. Sec. 4108. Authorization of appropriations. PART B—21st century community learning centers Sec. 4201. Purpose; definitions. Sec. 4202. Allotments to States. Sec. 4203. State application. Sec. 4204. Local competitive subgrant program. Sec. 4205. Local activities. Sec. 4206. Authorization of appropriations. PART C—Elementary school and secondary school counseling programs Sec. 4301. Elementary school and secondary school counseling programs. PART D—Physical education program Sec. 4401. Purpose. Sec. 4402. Program authorized. Sec. 4403. Applications. Sec. 4404. Requirements. Sec. 4405. Administrative provisions. Sec. 4406. Supplement, not supplant. Sec. 4407. Authorization of appropriations. PART E—Family Engagement in Education Programs Sec. 4501. Purposes. Sec. 4502. Grants authorized. Sec. 4503. Applications. Sec. 4504. Uses of funds. Sec. 4505. Family engagement in Indian schools. Sec. 4506. Authorization of appropriations. TITLE V—Empowering Parents and Expanding Opportunity Through Innovation PART A—Public Charter Schools Sec. 5101. Purpose. Sec. 5102. Program authorized. Sec. 5103. Grants to support high-quality charter schools. Sec. 5104. Facilities financing assistance. Sec. 5105. National activities. Sec. 5106. Federal formula allocation during first year and for successive enrollment expansions. Sec. 5107. Solicitation of input from charter school operators. Sec. 5108. Records transfer. Sec. 5109. Paperwork reduction. Sec. 5110. Definitions. Sec. 5111. Authorization of appropriations. PART B—Magnet Schools Assistance Sec. 5201. Findings and purpose. Sec. 5202. Definition. Sec. 5203. Program authorized. Sec. 5204. Eligibility. Sec. 5205. Applications and requirements. Sec. 5206. Priority. Sec. 5207. Use of funds. Sec. 5208. Limitations. Sec. 5209. Authorization of appropriations; reservation. PART C—Supporting high-ability learners and learning Sec. 5301. Short title. Sec. 5302. Purpose. Sec. 5303. Rule of construction. Sec. 5304. Authorized programs. Sec. 5305. Program priorities. Sec. 5306. General provisions. Sec. 5307. Authorization of appropriations. PART D—Education Innovation and research Sec. 5401. Grants for education innovation and research. PART E—Accelerated learning Sec. 5501. Short title. Sec. 5502. Purposes. Sec. 5503. Funding distribution rule. Sec. 5504. Accelerated learning examination fee program. Sec. 5505. Accelerated learning incentive program grants. Sec. 5506. Supplement, not supplant. Sec. 5507. Definitions. Sec. 5508. Authorization of appropriations. PART F—Ready-to-Learn Television Sec. 5601. Ready-To-Learn. PART G—Innovative technology expands children's horizons (I–TECH) Sec. 5701. Purposes. Sec. 5702. Definitions. Sec. 5702A. Restriction. Sec. 5703. Technology grants program authorized. Sec. 5704. State applications. Sec. 5705. State use of grant funds. Sec. 5706. Local subgrants. Sec. 5707. Reporting. Sec. 5708. Authorization. PART H—Literacy and Arts Education Sec. 5801. Literacy and arts education. PART I—Early learning alignment and improvement grants Sec. 5901. Purposes; definitions. Sec. 5902. Early learning alignment and improvement grants. Sec. 5903. Authorization of appropriations. PART J—Innovation schools demonstration authority Sec. 5910. Innovation schools. PART K—Full-service community schools Sec. 5911. Short title. Sec. 5912. Purposes. Sec. 5913. Definition of full-service community school. Sec. 5914. Local programs. Sec. 5915. State programs. Sec. 5916. Advisory committee. Sec. 5917. General provisions. Sec. 5918. Authorization of appropriations. PART L—Promise neighborhoods Sec. 5910. Short title. Sec. 5911. Purpose. Sec. 5912. Pipeline services defined. Sec. 5913. Program authorized. Sec. 5914. Eligible entities. Sec. 5915. Application requirements. Sec. 5916. Use of funds. Sec. 5917. Report and publicly available data. Sec. 5918. Performance accountability and evaluation. Sec. 5919. National activities. Sec. 5920. Authorization of appropriations. TITLE VI—Flexibility and Accountability Sec. 6001. Purposes. PART A—Improving Academic achievement SUBPART 1—Funding Transferability for State and Local Educational Agencies Sec. 6111. Short title. Sec. 6112. Purpose. Sec. 6113. Transferability of funds. SUBPART 2—Weighted student funding flexibility pilot program Sec. 6121. Weighted student funding flexibility pilot program. PART B—Rural Education Initiative Sec. 6201. Short title. Sec. 6202. Purpose. SUBPART 1—Small, Rural School Achievement Program Sec. 6211. Use of applicable funding. Sec. 6212. Grant program authorized. Sec. 6213. Academic achievement assessments. SUBPART 2—Rural and Low-Income School Program Sec. 6221. Program authorized. Sec. 6222. Uses of funds. Sec. 6223. Applications. Sec. 6224. Accountability. Sec. 6225. Choice of participation. SUBPART 3—General Provisions Sec. 6231. Annual average daily attendance determination. Sec. 6232. Supplement, not supplant. Sec. 6233. Rule of construction. Sec. 6234. Authorization of appropriations. PART C—General Provisions Sec. 6301. Prohibition against Federal mandates, direction, or control. Sec. 6302. Rule of construction on equalized spending. TITLE VII—Indian, Native Hawaiian, and Alaska Native Education PART A—Indian Education Sec. 7101. Statement of policy. Sec. 7102. Purpose. SUBPART 1—Formula Grants to Local Educational Agencies Sec. 7111. Purpose. Sec. 7112. Grants to local educational agencies and tribes. Sec. 7113. Amount of grants. Sec. 7114. Applications. Sec. 7115. Authorized services and activities. Sec. 7116. Integration of services authorized. Sec. 7117. Student eligibility forms. Sec. 7118. Payments. Sec. 7119. State educational agency review. SUBPART 2—Special Programs and Projects to Improve Educational Opportunities for Indian Children Sec. 7121. Improvement of educational opportunities for Indian children and youth. Sec. 7122. Professional development for teachers and education professionals. SUBPART 3—National Activities Sec. 7131. National research activities. Sec. 7135. Grants to tribes for education administrative planning, development, and coordination. SUBPART 4—Federal Administration Sec. 7141. National Advisory Council on Indian Education. Sec. 7142. Peer review. Sec. 7143. Preference for Indian applicants. Sec. 7144. Minimum grant criteria. SUBPART 5—Definitions; Authorizations of Appropriations Sec. 7151. Definitions. Sec. 7152. Authorizations of appropriations. PART B—Native Hawaiian Education Sec. 7201. Short title. Sec. 7202. Findings. Sec. 7203. Purposes. Sec. 7204. Native Hawaiian Education Council. Sec. 7205. Program authorized. Sec. 7206. Administrative provisions. Sec. 7207. Definitions. PART C—Alaska Native Education Sec. 7301. Short title. Sec. 7302. Findings. Sec. 7303. Purposes. Sec. 7304. Program authorized. Sec. 7305. Funds for administrative purposes. Sec. 7306. Definitions. PART D—Native American and Alaska Native language immersion schools and programs Sec. 7401. Native American and Alaska Native language immersion schools and programs. TITLE VIII—Impact aid Sec. 8001. Purpose. Sec. 8002. Payments relating to Federal acquisition of real property. Sec. 8003. Payments for eligible federally connected children. Sec. 8004. Policies and procedures relating to children residing on Indian lands. Sec. 8005. Application for payments under sections 8002 and 8003. Sec. 8007. Construction. Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid. Sec. 8010. Federal administration. Sec. 8011. Administrative hearings and judicial review. Sec. 8012. Forgiveness of overpayments. Sec. 8013. Definitions. Sec. 8014. Authorization of appropriations. TITLE IX—General Provisions PART A—Definitions Sec. 9101. Definitions. Sec. 9102. Applicability of title. Sec. 9103. Applicability to Bureau of Indian Education operated schools. PART B—Flexibility in the Use of Administrative and Other Funds Sec. 9201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9202. Single local educational agency States. Sec. 9203. Consolidation of funds for local administration. Sec. 9204. Consolidated set-aside for Department of the Interior funds. PART C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 9301. Purpose. Sec. 9302. Optional consolidated State plans or applications. Sec. 9303. Consolidated reporting. Sec. 9304. General applicability of State educational agency assurances. Sec. 9305. Consolidated local plans or applications. Sec. 9306. Other general assurances. PART D—Waivers Sec. 9401. Waivers of statutory and regulatory requirements. PART E—Approval and Disapproval of State Plans and Local Applications Sec. 9451. Approval and disapproval of State plans. Sec. 9452. Approval and disapproval of local educational agency applications. PART F—Uniform Provisions SUBPART 1—Private Schools Sec. 9501. Participation by private school children and teachers. Sec. 9502. Standards for by-pass. Sec. 9503. Complaint process for participation of private school children. Sec. 9504. By-pass determination process. Sec. 9505. Prohibition against funds for religious worship or instruction. Sec. 9506. Private, religious, and home schools. SUBPART 2—Other Provisions Sec. 9521. Maintenance of effort. Sec. 9522. Prohibition regarding State aid. Sec. 9523. Privacy of assessment results. Sec. 9524. School prayer. Sec. 9525. Equal access to public school facilities. Sec. 9526. General prohibitions. Sec. 9527. Prohibitions on Federal Government and use of Federal funds. Sec. 9528. Armed Forces recruiter access to students and student recruiting information. Sec. 9529. Prohibition on federally sponsored testing. Sec. 9530. Limitations on national testing or certification for teachers. Sec. 9531. Prohibition on nationwide database. Sec. 9532. Unsafe school choice option. Sec. 9533. Prohibition on discrimination. Sec. 9534. Civil rights. Sec. 9535. Rulemaking. Sec. 9536. Severability. Sec. 9537. Transfer of school disciplinary records. Sec. 9538. Consultation with Indian tribes and tribal organizations. Sec. 9539. Prohibition on aiding and abetting sexual abuse. Sec. 9539A. Application for competitive grants from the Bureau of Indian Education. Sec. 9539B. Outreach and technical assistance for rural local educational agencies. Sec. 9539C. Rule of construction regarding travel to and from school. Sec. 9540. Consultation with the Governor. Sec. 9540A. Local governance. SUBPART 3—Teacher Liability Protection Sec. 9541. Short title. Sec. 9542. Purpose. Sec. 9543. Definitions. Sec. 9544. Applicability. Sec. 9545. Preemption and election of State nonapplicability. Sec. 9546. Limitation on liability for teachers. Sec. 9547. Allocation of responsibility for noneconomic loss. Sec. 9548. Effective date. SUBPART 4—Internet Safety Sec. 9551. Internet safety. SUBPART 5—Gun Possession Sec. 9561. Gun-free requirements. SUBPART 6—Environmental Tobacco Smoke Sec. 9571. Short title. Sec. 9572. Definitions. Sec. 9573. Nonsmoking policy for children’s services. Sec. 9574. Preemption. PART G—Evaluations Sec. 9601. Evaluations. . I Improving basic programs operated by State and local educational agencies 1001. Statement of purpose Section 1001 ( 20 U.S.C. 6301 ) is amended to read as follows: 1001. Statement of purpose The purpose of this title is to ensure that all children have a fair, equitable, and significant opportunity to receive a high-quality education that prepares them for postsecondary education or the workforce, without the need for postsecondary remediation, and to close educational achievement gaps. . 1002. Authorization of appropriations Section 1002 ( 20 U.S.C. 6302 ) is amended to read as follows: 1002. Authorization of appropriations (a) Local educational agency grants For the purpose of carrying out part A, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (b) State assessments For the purpose of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (c) Education of migratory children For the purpose of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (d) Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk For the purpose of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (e) Federal activities For the purpose of carrying out evaluation activities related to title I under section 9601, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (f) School intervention and support For the purpose of carrying out section 1114, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. . 1003. School intervention and support and State administration The Act ( 20 U.S.C. 6301 et seq. ) is amended— (1) by striking section 1003; (2) by redesignating section 1004 as section 1003; and (3) in section 1003, as redesignated by paragraph (2), by adding at the end the following: (c) Technical assistance and support (1) In general Each State may reserve not more than 4 percent of the amount the State receives under subpart 2 of part A for a fiscal year to carry out paragraph (2) and to carry out the State educational agency’s responsibilities under section 1114(a), including carrying out the State educational agency’s statewide system of technical assistance and support for local educational agencies. (2) Uses Of the amount reserved under paragraph (1) for any fiscal year, the State educational agency— (A) shall use not less than 95 percent of such amount by allocating such sums directly to local educational agencies for activities required under section 1114; or (B) may, with the approval of the local educational agency, directly provide for such activities or arrange for their provision through other entities such as school support teams, educational service agencies, or other nonprofit or for-profit organizations that use evidence-based strategies to improve student achievement, teaching, and schools. (3) Priority The State educational agency, in allocating funds to local educational agencies under this subsection, shall give priority to local educational agencies that— (A) serve the lowest-performing elementary schools and secondary schools, as identified by the State under section 1114; (B) demonstrate the greatest need for such funds, as determined by the State; and (C) demonstrate the strongest commitment to using evidence-based interventions to enable the lowest-performing schools to improve student achievement and student outcomes. (4) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out this subsection for a fiscal year is greater than the amount needed to provide the assistance described in this subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (A) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (B) section 1126(c). (5) Special rule Notwithstanding any other provision of this subsection, the amount of funds reserved by the State educational agency under this subsection for any fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (6) Reporting Each State educational agency shall make publicly available a list of those schools that have received funds or services pursuant to this subsection and the percentage of students from each such school from families with incomes below the poverty line. . 1004. Basic program requirements Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. ) is amended— (1) by striking sections 1111 through 1117 and inserting the following: 1111. State plans (a) Plans required (1) In general For any State desiring to receive a grant under this part, the State educational agency shall submit to the Secretary a plan, developed by the State educational agency with timely and meaningful consultation with the Governor, representatives of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, public charter school representatives (if applicable), specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators, other staff, and parents, that— (A) is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the National Assessment of Educational Progress Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act; and (B) describes how the State will implement evidence-based strategies for improving student achievement under this title and disseminate that information to local educational agencies. (2) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 9302. (3) Peer review and secretarial approval (A) In general The Secretary shall— (i) establish a peer-review process to assist in the review of State plans; (ii) establish multidisciplinary peer-review teams and appoint members of such teams that— (I) are representative of teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and individuals and researchers with practical experience in implementing academic standards, assessments, or accountability systems, and meeting the needs of disadvantaged students, children with disabilities, students who are English learners, the needs of low-performing schools, and other educational needs of students; (II) include a balanced representation of individuals who have practical experience in the classroom, school administration, or State or local government, such as direct employees of a school, local educational agency, or State educational agency within the preceding 5 years; and (III) represent a regionally diverse cross-section of States; (iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who will review State plans under this section; (iv) ensure that the peer-review teams are comprised of varied individuals so that the same peer reviewers are not reviewing all of the State plans; and (v) deem a State plan as approved within 90 days of its submission unless the Secretary presents substantial evidence that clearly demonstrates that such State plan does not meet the requirements of this section. (B) Purpose of peer review The peer-review process shall be designed to— (i) maximize collaboration with each State; (ii) promote effective implementation of the challenging State academic standards through State and local innovation; and (iii) provide publicly available, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans. (C) Standard and nature of review Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan. (D) Rule of construction Nothing in this paragraph shall be construed as prohibiting the Secretary from appointing an individual to serve as a peer reviewer on more than one peer-review team under subparagraph (A) or to review more than one State plan. (4) State plan determination, demonstration, and revision If the Secretary determines that a State plan does not meet the requirements of this subsection or subsection (b) or (c), the Secretary shall, prior to declining to approve the State plan— (A) immediately notify the State of such determination; (B) provide a detailed description of the specific requirements of this subsection or subsection (b) or (c) of the State plan that the Secretary determines fails to meet such requirements; (C) provide all peer-review comments, suggestions, recommendations, or concerns in writing to the State; (D) offer the State an opportunity to revise and resubmit its plan within 60 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of this part; (E) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of this subsection or subsection (b) or (c); and (F) conduct a public hearing within 30 days of such resubmission, with public notice provided not less than 15 days before such hearing, unless the State declines the opportunity for such public hearing. (5) State plan disapproval The Secretary shall have the authority to disapprove a State plan if the State has been notified and offered an opportunity to revise and submit with technical assistance under paragraph (4), and— (A) the State does not revise and resubmit its plan; or (B) the State revises and resubmits a plan that the Secretary determines does not meet the requirements of this part after a hearing conducted under paragraph (4)(F), if applicable. (6) Limitations (A) In general The Secretary shall not have the authority to require a State, as a condition of approval of the State plan or revisions or amendments to the State plan, to— (i) include in, or delete from, such plan 1 or more specific elements of the challenging State academic standards; (ii) use specific academic assessment instruments or items; (iii) set specific State-designed goals or specific timelines for such goals for all students or each of the categories of students, as defined in subsection (b)(3)(A); (iv) assign any specific weight or specific significance to any measures or indicators of student academic achievement or growth within State-designed accountability systems; (v) include in, or delete from, such a plan any criterion that specifies, defines, or prescribes— (I) the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards; (II) the specific types of academic assessments or assessment items that States and local educational agencies use to meet the requirements of this part; (III) any requirement that States shall measure student growth, the specific metrics used to measure student academic growth if a State chooses to measure student growth, or the specific indicators or methods to measure student readiness to enter postsecondary education or the workforce; (IV) any specific benchmarks, targets, goals, or metrics to measure nonacademic measures or indicators; (V) the specific weight or specific significance of any measure or indicator of student academic achievement within State-designed accountability systems; (VI) the specific goals States establish for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of subsection (b)(3)(B)(i); (VII) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or (VIII) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or (vi) require data collection beyond data derived from existing Federal, State, and local reporting requirements and data sources. (B) Rule of construction Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under Federal law. (7) Public review All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public through the website of the Department, including— (A) plans submitted or resubmitted by a State; (B) peer-review comments; (C) State plan determinations by the Secretary, including approvals or disapprovals; and (D) notices and transcripts of public hearings under this section. (8) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part or 7 years, whichever is shorter; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (B) Additional information (i) In general If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards, new academic assessments, or changes to its accountability system under subsection (b)(3), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan. (ii) Review of revised plans The Secretary shall review the information submitted under clause (i) and approve or disapprove changes to the State plan within 90 days in accordance with paragraphs (4) through (6) without undertaking the peer-review process under paragraph (3). (iii) Special rule for standards If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply. (C) Renewal A State educational agency shall submit a revised plan every 7 years subject to the peer-review process under paragraph (3). (D) Limitation The Secretary shall not have the authority to place any new conditions, requirements, or criteria for approval of a plan submitted for renewal under subparagraph (C) that are not otherwise authorized under this part. (9) Failure to meet requirements If a State fails to meet any of the requirements of this section, then the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (10) Public comment Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in a computer friendly and easily accessible format, prior to submission to the Secretary for approval under this subsection. The State shall provide an assurance that public comments were taken into account in the development of the State plan. (b) Challenging State academic standards, academic assessments, and accountability systems (1) Challenging state academic standards (A) In general Each State shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as challenging State academic standards ), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary. (B) Same standards Except as provided in subparagraph (E), the standards required by subparagraph (A) shall be the same standards that the State applies to all public schools and public school students in the State. (C) Subjects The State shall have such standards in mathematics, reading or language arts, and science, and any other subjects as determined by the State, which shall include the same knowledge, skills, and levels of achievement expected of all public school students in the State. (D) Alignment Each State shall demonstrate that the challenging State academic standards are aligned with— (i) entrance requirements, without the need for academic remediation, for the system of public higher education in the State; (ii) relevant State career and technical education standards; and (iii) relevant State early learning guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T) ). (E) Alternate academic achievement standards for students with the most significant cognitive disabilities (i) In general The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards— (I) are aligned with the challenging State academic content standards under subparagraph (A); (II) promote access to the general curriculum, consistent with the purposes of the Individuals with Disabilities Education Act, as stated in section 601(d) of such Act; (III) reflect professional judgment of the highest achievement standards attainable by those students; (IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act for each such student as the academic achievement standards that will be used for the student; and (V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track for further education or employment. (ii) Prohibition on any other alternate or modified academic achievement standards A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). (F) English language proficiency standards Each State plan shall demonstrate that the State has adopted English language proficiency standards that are aligned with the challenging State academic standards under subparagraph (A). Such standards shall— (i) ensure proficiency in each of the domains of speaking, listening, reading, and writing; (ii) address the different proficiency levels of children who are English learners; and (iii) be aligned with the challenging State academic standards in reading or language arts, so that achieving proficiency in the State’s English language proficiency standards indicates a sufficient knowledge of English to measure validly and reliably the student’s achievement on the State’s reading or language arts standards. (G) Prohibitions (i) Standards review or approval A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval. (ii) Federal control The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State. (H) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standard adopted under this part before or after the date of enactment of the Every Child Achieves Act of 2015 . (2) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality statewide academic assessments that— (i) includes, at a minimum, academic statewide assessments in mathematics, reading or language arts, and science; and (ii) meets the requirements of subparagraph (B). (B) Requirements The assessments under subparagraph (A) shall— (i) except as provided in subparagraph (D), be— (I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and (II) administered to all public elementary school and secondary school students in the State; (ii) be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level; (iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; (iv) be of adequate technical quality for each purpose required under this Act and consistent with the requirements of this section, the evidence of which is made public, including on the website of the State educational agency; (v) (I) measure the annual academic achievement of all students against the challenging State academic standards in, at a minimum, mathematics and reading or language arts, and be administered— (aa) in each of grades 3 through 8; and (bb) at least once in grades 9 through 12; and (II) measure the academic achievement of all students against the challenging State academic standards in science, and be administered not less than one time, during— (aa) grades 3 through 5; (bb) grades 6 through 9; and (cc) grades 10 through 12; (vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks; (vii) provide for— (I) the participation in such assessments of all students; (II) the appropriate accommodations, such as interoperability with and ability to use assistive technology, for children with disabilities, as defined in section 602(3) of the Individuals with Disabilities Education Act, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Education Act, necessary to measure the academic achievement of such children relative to the challenging State academic standards; and (III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under paragraph (1)(F); (viii) at the State’s choosing— (I) be administered through a single summative assessment; or (II) be administered through multiple statewide assessments during the course of the year if the State can demonstrate that the results of these multiple assessments, taken in their totality, provide a summative score that provides valid and reliable information on individual student achievement or growth; (ix) notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; (x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and include information regarding achievement on academic assessments aligned with challenging State academic achievement standards, and that are provided to parents, teachers, principals, and other school leaders as soon as is practicable after the assessment is given, in an understandable and uniform format, and, to the extent practicable, in a language that the parents can understand; (xi) enable results to be disaggregated within each State, local educational agency, and school, by— (I) each major racial and ethnic group; (II) economically disadvantaged students as compared to students who are not economically disadvantaged; (III) children with disabilities as compared to children without disabilities; (IV) English proficiency status; (V) gender; and (VI) migrant status; (xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and (xiii) be developed, to the extent practicable, using the principles of universal design for learning. (C) Exception to disaggregation Notwithstanding subparagraph (B)(xi), the disaggregated results of assessments shall not be required in the case of a local educational agency or school if— (i) the number of students in a category described under subparagraph (B)(xi) is insufficient to yield statistically reliable information; or (ii) the results would reveal personally identifiable information about an individual student. (D) Alternate assessments for students with the most significant cognitive disabilities (i) Alternate assessments aligned with alternate academic achievement standards A State may provide for alternate assessments aligned with the challenging State academic content standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State— (I) ensures that for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject; (II) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply in determining, individually for each subject, when a child’s significant cognitive disability justifies assessment based on alternate academic achievement standards; (III) ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, parents are involved in the decision to use the alternate assessment for their child; (IV) ensures that, consistent with the requirements of the Individuals with Disabilities Education Act, students with the most significant cognitive disabilities are involved in and make progress in the general education curriculum; (V) describes in the State plan the appropriate accommodations provided to ensure access to the alternate assessment; (VI) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments; (VII) ensures that general and special education teachers and other appropriate staff know how to administer assessments, including making appropriate use of accommodations, to children with disabilities; (VIII) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities participating in academic instruction and assessments and increase the number of students with significant cognitive disabilities who are tested against challenging State academic achievement standards; and (IX) ensures that students who take alternate assessments based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular high school diploma. (ii) Students with the most significant cognitive disabilities In determining the achievement of students in the State accountability system, a State educational agency shall include, for all schools in the State, the performance of the State’s students with the most significant cognitive disabilities on alternate assessments as described in this subparagraph in the subjects included in the State’s accountability system, consistent with the 1 percent limitation of clause (i)(I). (E) State authority If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by— (i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or (ii) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which— (I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and (II) are applicable to all students served by each such local educational agency. (F) Language assessments Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed, and such State shall make every effort to develop such assessments as necessary. (G) Assessments of english language proficiency Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency, which is valid, reliable, and consistent with relevant nationally recognized professional and technical testing standards measuring students’ speaking, listening, reading, and writing skills in English, of all children who are English learners in the schools served by the State educational agency. (H) Deferral A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000. (I) Rule of construction regarding use of assessments for student promotion or graduation Nothing in this paragraph shall be construed to prescribe or prohibit the use of the academic assessments described in this part for student promotion or graduation purposes. (J) Rule of construction regarding assessments (i) In general Except as provided in clause (ii), nothing in this paragraph shall be construed to prohibit a State from developing and administering computer adaptive assessments as the assessments described in this paragraph, as long as the computer adaptive assessments— (I) meet the requirements of this paragraph; and (II) assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing above or below the student’s grade level. (ii) Applicability to alternate assessments for students with the most significant cognitive disabilities In developing and administering computer adaptive assessments as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments— (I) meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and (II) assess the student’s academic achievement in order to measure, in the subject being assessed, whether the student is performing at the student’s grade level. (K) Rule of construction on parent and guardian rights Nothing in this part shall be construed as preempting a State or local law regarding the decision of a parent or guardian to not have the parent or guardian's child participate in the statewide academic assessments under this paragraph. (L) Limitation on assessment time (i) In General As a condition of receiving an allocation under this part for any fiscal year, each State shall— (I) set a limit on the aggregate amount of time devoted to the administration of assessments (including assessments adopted pursuant to this subsection, other assessments required by the State, and assessments required districtwide by the local educational agency) for each grade, expressed as a percentage of annual instructional hours; and (II) ensure that each local educational agency in the State will notify the parents of each student attending any school in the local educational agency, on an annual basis, whenever the limitation described in subclause (I) is exceeded. (ii) Children with disabilities and English learners Nothing in clause (i) shall be construed to supersede the requirements of Federal law relating to assessments that apply specifically to children with disabilities or English learners. (3) State accountability system (A) Category of students In this paragraph, the term category of students means— (i) economically disadvantaged students; (ii) students from major racial and ethnic groups; (iii) children with disabilities; and (iv) English learner students. (B) Description of system Each State plan shall describe a single, statewide State accountability system that will be based on the challenging State academic standards adopted by the State in mathematics and reading or language arts under paragraph (1)(C) to ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation and at a minimum complies with the following: (i) Establishes measurable State-designed goals for all students and each of the categories of students in the State that take into account the progress necessary for all students and each of the categories of students to graduate from high school prepared for postsecondary education or the workforce without the need for postsecondary remediation, for, at a minimum each of the following: (I) Academic achievement, which may include student growth, on the State assessments under paragraph (2)(B)(v)(I). (II) High school graduation rates, including— (aa) the 4-year adjusted cohort graduation rate; and (bb) at the State’s discretion, the extended-year adjusted cohort graduation rate. (ii) Annually measures and reports on the following indicators: (I) The academic achievement of all public school students in all public schools and local educational agencies in the State towards meeting the goals described in clause (i) and the challenging State academic standards for all students and for each of the categories of students using student performance on State assessments required under paragraph (2)(B)(v)(I), which may include measures of student academic growth to such standards. (II) The academic success of all public school students in all public schools and local educational agencies in the State, that is, with respect to— (aa) elementary schools and secondary schools that are not high schools, an academic indicator, as determined by the State, that is the same statewide for all public elementary school students and all students at such secondary schools, and each category of students; and (bb) high schools, the high school graduation rates of all public high school students in all public high schools in the State toward meeting the goals described in clause (i), for all students and for each of the categories of students, including the 4-year adjusted cohort graduation rate and at the State’s discretion, the extended-year adjusted cohort graduation rate. (III) English language proficiency of all English learners in all public schools and local educational agencies, which may include measures of student growth. (IV) Not less than one other valid and reliable indicator of school quality, student success, or student supports, as determined appropriate by the State, that will be applied to all local educational agencies and schools consistently throughout the State for all students and for each of the categories of students, which may include measures of— (aa) student readiness to enter postsecondary education or the workforce without the need for postsecondary remediation, which may include— (AA) measures that integrate preparation for postsecondary education and the workforce, including performance in coursework sequences that integrate rigorous academics, work-based learning, and career and technical education; (BB) measures of a high-quality and accelerated academic program as determined appropriate by the State, which may include the percentage of students who participate in a State-approved career and technical program of study as described in section 122(c)(1)(A) of the Carl D. Perkins Career and Technical Education Act of 2006 and measures of technical skill attainment and placement described in section 113(b) of such Act and reported by the State in a manner consistent with section 113(c) of such Act, or other substantially similar measures; (CC) student performance on assessments aligned with the expectations for first-year postsecondary education success; (DD) student performance on admissions tests for postsecondary education; (EE) student performance on assessments of career readiness and acquisition of industry-recognized credentials that meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); (FF) student enrollment rates in postsecondary education; (GG) measures of student remediation in postsecondary education; and (HH) measures of student credit accumulation in postsecondary education; (bb) student engagement, such as attendance rates and chronic absenteeism (including both excused and unexcused absences); (cc) educator engagement, such as educator satisfaction (including working conditions within the school), teacher quality and effectiveness, and teacher absenteeism; (dd) results from student, parent, and educator surveys; (ee) school climate and safety, such as incidents of school violence, bullying, and harassment, and disciplinary rates, including rates of suspension, expulsion, referrals to law enforcement, school-related arrests, disciplinary transfers (including placements in alternative schools), and student detentions; (ff) student access to or success in advanced coursework or educational programs or opportunities, which may include participation and performance in Advanced Placement, International Baccalaureate, dual enrollment, and early college high school programs; and (gg) any other State-determined measure of school quality or student success. (iii) Establishes a system of annually identifying and meaningfully differentiating among all public schools in the State, which shall— (I) be based on all indicators in the State’s accountability system under clause (ii) for all students and for each of the categories of students; and (II) use the indicators described in subclauses (I) and (II) of clause (ii) as substantial factors in the annual identification of schools, and the weight of such factors shall be determined by the State. (iv) For public schools receiving assistance under this part, meets the requirements of section 1114. (v) Provides a clear and understandable explanation of the method of identifying and meaningfully differentiating schools under clause (iii). (vi) Measures the annual progress of not less than 95 percent of all students, and students in each of the categories of students, who are enrolled in the school and are required to take the assessments under paragraph (2) and provides a clear and understandable explanation of how the State will factor this requirement into the State-designed accountability system determinations. (4) Exception for english learners A State may choose to— (A) exclude a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months from one administration of the reading or language arts assessment required under paragraph (2); (B) exclude the results of a recently arrived English learner who has attended school in one of the 50 States in the United States or in the District of Columbia for less than 12 months on the assessments under paragraph (2)(B)(v)(I), except for the results on the English language proficiency assessments required under paragraph (2)(G), for the first year of the English learner’s enrollment in a school in the United States for the purposes of the State-determined accountability system under this subsection; and (C) include the results on the assessments under paragraph (2)(B)(v)(I), except for results on the English language proficiency assessments required under paragraph (2)(G), of former English learners for not more than 4 years after the student is no longer identified as an English learner within the English learner category of the categories of students, as defined in paragraph (3)(A), for the purposes of the State-determined accountability system. (5) Accountability for charter schools The accountability provisions under this title shall be overseen for charter schools in accordance with State charter school law. (6) Prohibition on Federal interference with State and local decisions Nothing in this subsection shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes— (A) the standards or measures that States or local educational agencies use to establish, implement, or improve challenging State academic standards, including the content of, or achievement levels within, such standards; (B) the specific types of academic assessments or assessment items that States or local educational agencies use to meet the requirements of paragraph (2)(B) or otherwise use to measure student academic achievement or student growth; (C) the specific goals that States establish within State-designed accountability systems for all students and for each of the categories of students, as defined in paragraph (3)(A), for student academic achievement or high school graduation rates, as described in subclauses (I) and (II) of paragraph (3)(B)(i); (D) any requirement that States shall measure student growth or the specific metrics used to measure student academic growth if a State chooses to measure student growth; (E) the specific indicator under paragraph (3)(B)(ii)(II)(aa), or any indicator under paragraph (3)(B)(ii)(IV), that a State must use within the State-designed accountability system; (F) setting specific benchmarks, targets, or goals, for any other measures or indicators established by a State under subclauses (III) and (IV) of paragraph (3)(B)(ii), including progress or growth on such measures or indicators; (G) the specific weight or specific significance of any measures or indicators used to measure, identify, or differentiate schools in the State-determined accountability system, as described in clauses (ii) and (iii) of paragraph (3)(B); (H) the terms meaningfully or substantially as used in this part; (I) the specific methods used by States and local educational agencies to identify and meaningfully differentiate among public schools; (J) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; or (K) indicators or measures of teacher, principal, or other school leader effectiveness or quality. (c) Other plan provisions (1) Descriptions Each State plan shall describe— (A) with respect to any accountability provisions under this part that require disaggregation of information by each of the categories of students, as defined in subsection (b)(3)(A)— (i) the minimum number of students that the State determines are necessary to be included in each such category of students to carry out such requirements and how that number is statistically sound; (ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when setting the minimum number; and (iii) how the State ensures that such minimum number does not reveal personally identifiable information about students; (B) the State educational agency’s system to monitor and evaluate the intervention and support strategies implemented by local educational agencies in schools identified as in need of intervention and support under section 1114, including the lowest-performing schools and schools identified for other reasons, including schools with categories of students, as defined in subsection (b)(3)(A), not meeting the goals described in subsection (b)(3)(B)(i), and the steps the State will take to further assist local educational agencies, if such strategies are not effective; (C) in the case of a State that proposes to use funds under this part to offer early childhood education programs, how the State provides assistance and support to local educational agencies and individual elementary schools that are creating, expanding, or improving such programs, such as through plans for engaging and supporting principals and other school leaders responsible for improving early childhood alignment with their elementary school, supporting teachers in understanding the transition between early learning to kindergarten, and increasing parent and community engagement; (D) in the case of a State that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the State educational agency will assist local educational agencies in the development, implementation, and coordination of such activities and services with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services; (E) how the State educational agency will provide support to local educational agencies for the education of homeless children and youths, and how the State will comply with the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act; (F) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, and inexperienced teachers, principals, or other school leaders, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description; (G) how the State will make public the methods or criteria the State or its local educational agencies are using to measure teacher, principal, and other school leader effectiveness for the purpose of meeting the requirements described in subparagraph (F); however, nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system; (H) how the State educational agency will protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, or any physical restraint or seclusion imposed solely for purposes of discipline or convenience, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of seclusion and restraint or disproportionality in rates of seclusion and restraint; (I) how the State educational agency will address school discipline issues, which may include how such agency will identify and support, including through professional development, training, and technical assistance, local educational agencies and schools that have high levels of exclusionary discipline or disproportionality in rates of exclusionary discipline; (J) how the State educational agency will address school climate issues, which may include providing technical assistance on effective strategies to reduce the incidence of school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism (including both excused and unexcused absences); (K) how the State determines, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, the timelines and annual goals for progress necessary to move English learners from the lowest levels of English proficiency to the State-defined proficient level in a State-determined number of years, including an assurance that such goals will be based on students’ initial language proficiency when first identified as an English learner and may take into account the amount of time that an individual child has been enrolled in a language program and grade level; (L) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— (i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; (ii) when a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment; (iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and (iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act; (M) how the State will ensure the unique needs of students at all levels of schooling are met, particularly students in the middle grades and high school, including how the State will work with local educational agencies to— (i) assist in the identification of middle grades and high school students who are at-risk of dropping out, such as through the continuous use of student data related to measures such as attendance, student suspensions, course performance, and, postsecondary credit accumulation that results in actionable steps to inform and differentiate instruction and support; (ii) ensure effective student transitions from elementary school to middle grades and middle grades to high school, such as by aligning curriculum and supports or implementing personal academic plans to enable such students to stay on the path to graduation; (iii) ensure effective student transitions from high school to postsecondary education, such as through the establishment of partnerships between local educational agencies and institutions of higher education and providing students with choices for pathways to postsecondary education, which may include the integration of rigorous academics, career and technical education, and work-based learning; (iv) provide professional development to teachers, principals, other school leaders, and other school personnel in addressing the academic and developmental needs of such students; and (v) implement any other evidence-based strategies or activities that the State determines appropriate for addressing the unique needs of such students; (N) how the State educational agency will provide support to local educational agencies for the education of expectant and parenting students; (O) how the State educational agency will demonstrate a coordinated plan to seamlessly transition students from secondary school into postsecondary education or careers without remediation, including a description of the specific transition activities that the State educational agency will carry out, such as providing students with access to early college high school or dual or concurrent enrollment opportunities; (P) if applicable, whether the State conducts periodic assessments of the condition of elementary school and secondary school facilities in the State, which may include an assessment of the age of the facility and the state of repair of the facility; (Q) if applicable, how the State educational agency will provide support to local educational agencies for the education of children facing substance abuse in the home, which may include how such agency will provide professional development, training, and technical assistance to local educational agencies, elementary schools, and secondary schools in communities with high rates of substance abuse; and (R) any other information on how the State proposes to use funds under this part to meet the purposes of this part, and that the State determines appropriate to provide, which may include how the State educational agency will— (i) assist local educational agencies in identifying and serving gifted and talented students; (ii) assist local educational agencies in developing effective school library programs to provide students an opportunity to develop digital literacy skills and to help ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation; (iii) encourage the offering of a variety of well-rounded education experiences to students; and (iv) use funds under this part to support efforts to expand and replicate successful practices from high-performing charter schools, magnet schools, and traditional public schools. (2) Assurances Each State plan shall provide an assurance that— (A) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section; (B) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; (C) the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (D) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; (E) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1115; (F) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; (G) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations, such as educational service agencies, or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools; (H) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process; (I) the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; (J) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; (K) the State educational agency has involved the committee of practitioners established under section 1503(b) in developing the plan and monitoring its implementation; (L) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Child Achieves Act of 2015 ; (M) the State educational agency will assess the system for collecting data from local educational agencies, and the technical assistance provided to local educational agencies on data collection, and will evaluate the need to upgrade or change the system and to provide additional support to help minimize the burden on local educational agencies related to reporting data required for the annual State report card described in subsection (d)(1) and annual local educational agency report cards described in subsection (d)(2); and (N) the State educational agency will provide the information described in clauses (ii), (iii), and (iv) of subsection (d)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency, and students with or without disabilities, which— (i) may be accomplished by including such information on the annual State report card described subsection (d)(1)(C)); and (ii) shall be presented in a manner that— (I) is first anonymized and does not reveal personally identifiable information about an individual student; (II) does not include a number of students in any category of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and (III) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (3) Rules of construction Nothing in paragraph (2)(N) shall be construed to— (A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered categories of students under subsection (b)(3)(A) for the purposes of the State accountability system under subsection (b)(3); or (B) to prohibit States from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N). (4) Technical assistance Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency in order to meet the requirements of paragraph (2)(N). (d) Reports (1) Annual state report card (A) In general A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph. (B) Implementation (i) In general The State report card required under this paragraph shall be— (I) concise; (II) presented in an understandable and uniform format and, to the extent practicable, in a language that parents can understand; and (III) widely accessible to the public, which shall include making the State report card, along with all local educational agency and school report cards required under paragraph (2), and the annual report to the Secretary under paragraph (5), available on a single webpage of the State educational agency’s website. (ii) Ensuring privacy No State report card required under this paragraph shall include any personally identifiable information about any student. Each such report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (C) Minimum requirements Each State report card required under this subsection shall include the following information: (i) A clear and concise description of the State’s accountability system under subsection (b)(3), including the goals for all students and for each of the categories of students, as defined in subsection (b)(3)(A), the indicators used in the accountability system to evaluate school performance described in subsection (b)(3)(B), and the weights of the indicators used in the accountability system to evaluate school performance. (ii) For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), homeless status, and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student, information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1). (iii) For all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed. (iv) For all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), and for purposes of subclause (II), homeless status and status as a child in foster care, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student— (I) information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; and (II) high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates. (v) Information on indicators or measures of school quality, climate and safety, and discipline, including the rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), and incidences of violence, including bullying and harassment, that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey. (vi) The minimum number of students that the State determines are necessary to be included in each of the categories of students, as defined in subsection (b)(3)(A), for use in the accountability system under subsection (b)(3). (vii) The professional qualifications of teachers, principals, and other school leaders in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools which, for the purpose of this clause, means schools in each quartile based on school poverty level, and high–minority and low–minority schools in the State) on the number, percentage, and distribution of— (I) inexperienced teachers, principals, and other school leaders; (II) teachers teaching with emergency or provisional credentials; (III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed; (IV) teachers, principals, and other school leaders who are ineffective, as determined by the State, using the methods or criteria under subsection (c)(1)(G); and (V) the annual retention rates of effective and ineffective teachers, principals, and other school leaders, as determined by the State, using the methods or criteria under subsection (c)(1)(G). (viii) Information on the performance of local educational agencies and schools in the State, including the number and names of each school identified for intervention and support under section 1114. (ix) For a State that implements a teacher, principal, and other school leader evaluation system consistent with title II, the evaluation results of teachers, principals, and other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders. (x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year. (xi) The number and percentages of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject. (xii) Information on the acquisition of English language proficiency by students who are English learners. (xiii) Information on, including information that the State educational agency and each local educational agency in the State reported to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department that is the most recent to the date of the determination in the same manner that such information is presented on such survey on— (I) the number and percentage of— (aa) students enrolled in gifted and talented programs; (bb) students enrolled in rigorous coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment and early college high schools; and (cc) children enrolled in preschool programs; (II) the average class size, by grade; and (III) any other indicators determined by the State. (xiv) The number and percentage of students attaining career and technical proficiencies, as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 and reported by States only in a manner consistent with section 113(c) of that Act. (xv) Results on the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 for the State, compared to the national average. (xvi) Information on the percentage of students, including for each of the categories of students, as defined in subsection (b)(3)(A), who did not meet the State goals established under subsection (b)(3)(B). (xvii) Information regarding the number of military-connected students (which, for purposes of this clause, shall mean students with parents who serve in the uniformed services, including the National Guard and Reserves), and information regarding the academic achievement of such students, except that such information shall not be used for school or local educational agency accountability purposes under sections 1111(b)(3) and 1114. (xviii) In the case of each coeducational school in the State that receives assistance under this part— (I) a listing of the school’s interscholastic sports teams that participated in athletic competition; (II) for each such team— (aa) the total number of male and female participants, disaggregated by gender and race; (bb) the season in which the team competed, whether the team participated in postseason competition, and the total number of competitive events scheduled; (cc) the total expenditures from all sources, including expenditures for travel, uniforms, facilities, and publicity for competitions; and (dd) the total number of coaches, trainers, and medical personnel, and for each such individual an identification of such individual's employment status, and duties other than providing coaching, training, or medical services; and (III) the average annual salary of the head coaches of boys' interscholastic sports teams, across all offered sports, and the average annual salary of the head coaches of girls' interscholastic sports teams, across all offered sports. (xix) for each high school in the State, and beginning with the report card released in 2017, the cohort rate (in the aggregate, and disaggregated for each category of students defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) at which students who graduate from the high school enroll, for the first academic year that begins after the students' graduation— (I) in programs of public postsecondary education in the State; and (II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State; (xx) if available and to the extent practicable, for each high school in the State and beginning with the report card released in 2018, the remediation rate (in the aggregate, and disaggregated for each category of students defined in subsection (b)(3)(A), except that such disaggregation shall not be required in a case in which the number of students is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student) for students who graduate from the high school at— (I) programs of postsecondary education in the State; and (II) programs of postsecondary education outside the State; (xxi) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools. (D) Rule of construction (i) In general Nothing in clause (v) or (xiii) of subparagraph (C) shall be construed as requiring a State to report any data that are not otherwise required or voluntarily submitted to the Civil Rights Data Collection biennial survey required by the Office for Civil Rights of the Department. (ii) Continuation of submission to department of information If, at any time after the date of enactment of the Every Child Achieves Act of 2015, the Civil Rights Data Collection biennial survey is no longer conducted by the Office for Civil Rights of the Department, a State educational agency shall still include the information under clauses (v) and (xiii) of subparagraph (C) in the State report card under this paragraph in the same manner that such information is presented on such survey. (2) Annual local educational agency report cards (A) In general (i) Preparation and dissemination A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes— (I) information on such agency as a whole; and (II) for each school served by the agency, a school report card that meets the requirements of this paragraph. (ii) No personally identifiable information No local educational agency report card required under this paragraph shall include any personally identifiable information about any student. (iii) Consistent with FERPA Each local educational agency report card shall be consistent with the privacy protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (B) Implementation Each local educational agency report card shall be— (i) concise; (ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and (iii) accessible to the public, which shall include— (I) placing such report card on the website of the local educational agency and on the website of each school served by the agency; and (II) in any case in which a local educational agency or school does not operate a website, providing the information to the public in another manner determined by the local educational agency. (C) Minimum requirements Each local educational agency report card required under this paragraph shall include— (i) the information described in paragraph (1)(C), disaggregated in the same manner as under paragraph (1)(C), except for clause (xv) of such paragraph, as applied to the local educational agency, and each school served by the local educational agency, including— (I) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; and (II) in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; (ii) any information required by the State under paragraph (1)(C)(xviii); and (iii) any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card. (D) Public dissemination (i) In general Except as provided in clause (ii), a local educational agency shall— (I) publicly disseminate the information described in this paragraph to all schools in the school district served by the local educational agency and to all parents of students attending such schools; and (II) make the information widely available through public means, including through electronic means, including posting in an easily accessible manner on the local educational agency’s website, except in the case in which an agency does not operate a website, such agency shall determine how to make the information available, such as through distribution to the media, and distribution through public agencies. (ii) Exception If a local educational agency issues a report card for all students, the local educational agency may include the information described in this paragraph as part of such report. (3) Preexisting report cards A State educational agency or local educational agency that was providing public report cards on the performance of students, schools, local educational agencies, or the State prior to the date of enactment of the Every Child Achieves Act of 2015 , may use such report cards for the purpose of disseminating information under this subsection if the report card is modified, as may be needed, to contain the information required by this subsection. (4) Cost reduction Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. (5) Annual state report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on student achievement on the academic assessments described in subsection (b)(2) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A), including— (i) the percentage of students who achieved at each level of achievement the State has set in subsection (b)(1); (ii) the percentage of students who did not meet the State goals set in subsection (b)(3)(B); and (iii) if applicable, the percentage of students making at least one year of academic growth over the school year, as determined by the State; (B) the percentage of students assessed and not assessed on the academic assessments described in subsection (b)(2) for all students and disaggregated by each category of students described in subsection (b)(2)(B)(xi); (C) for all students and disaggregated by each of the categories of students, as defined in subsection (b)(3)(A)— (i) information on the performance on the other academic indicator under subsection (b)(3)(B)(ii)(II)(aa) used by the State in the State accountability system; (ii) high school graduation rates, including 4-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates; and (iii) information on each State-determined indicator of school quality, success, or student support under subsection (b)(3)(B)(ii)(IV) selected by the State in the State accountability system; (D) information on the acquisition of English language proficiency by students who are English learners; (E) the per-pupil expenditures of Federal, State, and local funds, including actual staff personnel expenditures and actual nonpersonnel expenditures, disaggregated by source of funds for each school served by the agency for the preceding fiscal year; (F) the number and percentage of students with the most significant cognitive disabilities that take an alternate assessment under subsection (b)(2)(D), by grade and subject; (G) the number and names of the schools identified as in need of intervention and support under section 1114, and the school intervention and support strategies developed and implemented by the local educational agency under section 1114(b) to address the needs of students in each school; (H) the number of students and schools that participated in public school choice under section 1114(b)(4); (I) information on the quality and effectiveness of teachers for each quartile of schools based on the school’s poverty level and high–minority and low–minority schools in the local educational agencies in the State, including the number, percentage, and distribution of— (i) inexperienced teachers; (ii) teachers who are not teaching in the subject or field for which the teacher is certified or licensed; and (iii) teachers who are not effective, as determined by the State if the State has a statewide teacher, principal, or other school leader evaluation system; and (J) if the State has a statewide teacher, principal, or other school leader evaluation system, information on the results of such teacher, principal, or other school leader evaluation systems that does not reveal personally identifiable information. (6) Presentation of data (A) In general A State educational agency or local educational agency shall only include in its annual report card described under paragraphs (1) and (2) data that are sufficient to yield statistically reliable information, and that do not reveal personally identifiable information about an individual student, teacher, principal, or other school leader. (B) Student privacy In carrying out this subsection, student education records shall not be released without written consent consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (7) Report to congress The Secretary shall transmit annually to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that provides national- and State-level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only. (8) Secretary’s report card (A) In general Not later than July 1, 2017, and annually thereafter, the Secretary, acting through the Director of the Institute of Education Sciences, shall transmit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a national report card on the status of elementary and secondary education in the United States. Such report shall— (i) analyze existing data from State reports required under this Act, the Individuals with Disabilities Education Act, and the Carl D. Perkins Career and Technical Education Act of 2006, and summarize major findings from such reports; (ii) analyze data from the National Assessment of Educational Progress and comparable international assessments; (iii) identify trends in student achievement and high school graduation rates (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates), by analyzing and reporting on the status and performance of students, disaggregated by achievement level and by each of the categories of students, as defined in subsection (b)(3)(A), and by students in rural schools; (iv) analyze data on Federal, State, and local expenditures on education, including per-pupil spending, teacher salaries, school-level spending, and other financial data publicly available, and report on current trends and major findings; and (v) analyze information on the teaching, principal, and other school leader professions, including education and training, retention and mobility, and effectiveness in improving student achievement. (B) Special rule The information used to prepare the report described in subparagraph (A) shall be derived from existing State and local reporting requirements and data sources. Nothing in this paragraph shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized by any other Federal law. (C) Public recognition The Secretary may identify and publicly recognize States, local educational agencies, schools, programs, and individuals for exemplary performance. (e) Voluntary partnerships (1) In general Nothing in this section shall be construed to prohibit a State from entering into a voluntary partnership with another State to develop and implement the academic assessments, challenging State academic standards, and accountability systems required under this section. (2) Prohibition The Secretary shall be prohibited from requiring or coercing a State to enter into a voluntary partnership described in paragraph (1), including— (A) as a condition of approval of a State plan under this section; (B) as a condition of an award of Federal funds under any grant, contract, or cooperative agreement; (C) as a condition of approval of a waiver under section 9401; or (D) by providing any priority, preference, or special consideration during the application process under any grant, contract, or cooperative agreement. (f) Special rule with respect to bureau-funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education of the Department of the Interior that receives funds under this part, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment in consultation with, and with the approval of, the Secretary of the Interior and consistent with assessments adopted by other schools in the same State or region, that meets the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment meets the requirements of this section. 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that— (A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, public charter school representatives (if applicable), specialized instructional support personnel, paraprofessionals (including organizations representing such individuals), administrators (including administrators of programs described in other parts of this title), and other appropriate school personnel, and with parents of children in schools served under this part; (B) satisfies the requirements of this section; and (C) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Carl D. Perkins Career and Technical Education Act of 2006, the Workforce Innovation and Opportunity Act, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Education Sciences Reform Act of 2002, the Education Technical Assistance Act, the National Assessment of Educational Progress Authorization Act, the McKinney-Vento Homeless Assistance Act, and the Adult Education and Family Literacy Act. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 9305. (3) State review and approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (B) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan meets the requirements of this part and enables children served under this part to meet the challenging State academic standards described in section 1111(b)(1). (4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Child Achieves Act of 2015 and shall remain in effect for the duration of the agency’s participation under this part. (5) Review Each local educational agency shall periodically review and, as necessary, revise its plan to reflect changes in the local educational agency’s strategies and programs under this part. (6) Renewal A local educational agency that desires to continue participating in a program under this part shall submit a renewed plan on a periodic basis, as determined by the State. (b) Plan provisions To ensure that all children receive a high-quality education that prepares them for postsecondary education or the workforce without the need for postsecondary remediation, and to close the achievement gap between children meeting the challenging State academic standards and those who are not, each local educational agency plan shall describe— (1) how the local educational agency will work with each of the schools served by the agency so that students meet the challenging State academic standards by— (A) developing and implementing a comprehensive program of instruction to meet the academic needs of all students; (B) identifying quickly and effectively students who may be at risk for academic failure; (C) providing additional educational assistance to individual students determined as needing help in meeting the challenging State academic standards; (D) identifying significant gaps in student academic achievement and graduation rates between each of the categories of students, as defined in section 1111(b)(3)(A), and developing strategies to reduce such gaps in achievement and graduation rates; and (E) identifying and implementing evidence-based methods and instructional strategies intended to strengthen the academic program of the school and improve school climate; (2) how the local educational agency will monitor and evaluate the effectiveness of school programs in improving student academic achievement and academic growth, if applicable, especially for students not meeting the challenging State academic standards; (3) how the local educational agency will— (A) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including alternative certification requirements; and (B) identify and address, as required under State plans as described in section 1111(c)(1)(F), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, and out-of-field teachers; (4) the actions the local educational agency will take to assist schools identified as in need of intervention and support under section 1114, including the lowest-performing schools in the local educational agency, and schools identified for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B), to improve student academic achievement, the funds used to conduct such actions, and how such agency will monitor such actions; (5) the poverty criteria that will be used to select school attendance areas under section 1113; (6) the programs to be conducted by such agency’s schools under section 1113 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (7) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(a)(4)(A)(i); (8) the strategy the local educational agency will use to implement effective parent and family engagement under section 1115; (9) if applicable, how the local educational agency will coordinate and integrate services provided under this part with preschool educational services at the local educational agency or individual school level, such as Head Start programs, the literacy program under part D of title II, State-funded preschool programs, and other community-based early childhood education programs, including plans for the transition of participants in such programs to local elementary school programs; (10) how the local educational agency will coordinate programs and integrate services under this part with other Federal, State, tribal, and local services and programs, including programs supported under this Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, the Head Start Act, the Child Care and Development Block Grant Act of 1990, the Workforce Innovation and Opportunity Act, the McKinney-Vento Homeless Assistance Act, and the Education Sciences Reform Act of 2002, violence prevention programs, nutrition programs, and housing programs; (11) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1113, will identify the eligible children most in need of services under this part; (12) in the case of a local educational agency that proposes to use funds under this part to support a multi-tiered system of supports, positive behavioral interventions and supports, or early intervening services, how the local educational agency will provide such activities and services and coordinate them with similar activities and services carried out under the Individuals with Disabilities Education Act in schools served by the local educational agency, including by providing technical assistance, training, and evaluation of the activities and services; (13) how the local educational agency will provide opportunities for the enrollment, attendance, and success of homeless children and youths consistent with the requirements of the McKinney-Vento Homeless Assistance Act and the services the local educational agency will provide homeless children and youths; (14) how the local educational agency will implement strategies to facilitate effective transitions for students from middle school to high school and from high school to postsecondary education, including— (A) if applicable, through coordination with institutions of higher education, employers, and other local partners to seamlessly transition students from high school into postsecondary education or careers without remediation; and (B) a description of the specific transition activities the local educational agency will take, such as providing students with access to early college high school or dual or concurrent enrollment opportunities that enable students during high school to earn postsecondary credit or an industry-recognized credential that meets any quality standards required by the State or utilizing comprehensive career counseling to identify student interests and skills; (15) how the local educational agency will address school discipline issues, which may include identifying and supporting schools with significant discipline disparities, or high rates of discipline, disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A), including by providing technical assistance on effective strategies to reduce such disparities and high rates; (16) how the local educational agency will address school climate issues, which may include identifying and improving performance on school climate indicators related to student achievement and providing technical assistance to schools; (17) how the local educational agency will provide opportunities for the enrollment, attendance, and success of expectant and parenting students and the services the local educational agency will provide expectant and parenting students; (18) if determined appropriate by the local educational agency, how such agency will support programs that promote integrated academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities; and (19) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will— (A) assist schools in identifying and serving gifted and talented students; (B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and to help ensure that all students graduate from high school prepared for postsecondary education or the workforce without the need for remediation; and (C) encourage the offering of a variety of well-rounded education experiences to students. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1116, and timely and meaningful consultation with private school officials regarding such services; (3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act; (4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program; (5) collaborate with the State or local child welfare agency and, by not later than 1 year after the date of enactment of the Every Child Achieves Act of 2015 , develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall— (A) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act ( 42 U.S.C. 675(4)(A) ); and (B) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if— (i) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation; (ii) the local educational agency agrees to pay for the cost of such transportation; or (iii) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and (6) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency. (d) Parents right-to-know (1) Information for parents (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy, procedure, or parental right regarding student participation in any mandated assessments for that school year, in addition to information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following: (i) Whether the teacher has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction. (ii) Whether the teacher is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived. (iii) The field of discipline of the certification of the teacher. (iv) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student— (i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and (ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. (2) Testing transparency (A) In General Subject to subparagraph (B), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with section 1111, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including— (i) the subject matter assessed; (ii) the purpose for which the assessment is designed and used; (iii) the source of the requirement for the assessment; and (iv) where such information is available— (I) the amount of time students will spend taking the assessment, and the schedule and calendar for the assessment; and (II) the time and format for disseminating results. (B) Local educational agency that does not operate a website In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents. (3) Language instruction (A) Notice Each local educational agency using funds under this part or title III to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform a parent or parents of a child who is an English learner identified for participation or participating in such a program, of— (i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (iii) the methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for children who are English learners, and the expected rate of graduation from high school (including 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools; (vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act; and (viii) information pertaining to parental rights that includes written guidance— (I) detailing the right that parents have to have their child immediately removed from such program upon their request; (II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (III) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). (C) Parental participation Each local educational agency receiving funds under this part and title III shall implement an effective means of outreach to parents of children who are English learners to inform the parents how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the challenging State academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part and title III. (D) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. (3) Notice and format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs (a) Eligible school attendance areas (1) Determination (A) In general A local educational agency shall use funds received under this part only in eligible school attendance areas. (B) Eligible school attendance areas In this part— (i) the term school attendance area means, in relation to a particular school, the geographical area in which the children who are normally served by that school reside; and (ii) the term eligible school attendance area means a school attendance area in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole. (C) Ranking order (i) In general Except as provided in clause (ii), if funds allocated in accordance with paragraph (3) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (I) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent, or exceeds 50 percent in the case of the high schools served by such agency, from highest to lowest according to the percentage of children from low-income families; and (II) serve such eligible school attendance areas in rank order. (ii) Rule of construction Nothing in this subparagraph shall be construed as requiring a local educational agency to reduce, in order to comply with clause (i), the amount of funding provided under this part to elementary schools and middle schools from the amount of funding provided under this part to such schools for the fiscal year preceding the date of enactment of the Every Child Achieves Act of 2015 in order to provide funding under this part to high schools pursuant to clause (i). (D) Remaining funds If funds remain after serving all eligible school attendance areas under subparagraph (C), a local educational agency shall— (i) annually rank such agency’s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. (E) Measures (i) In general Except as provided in clause (ii), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act, the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid program established under title XIX of the Social Security Act, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (I) to identify eligible school attendance areas; (II) to determine the ranking of each area; and (III) to determine allocations under paragraph (3). (ii) Secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— (I) the calculation described under clause (i); or (II) an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under clause (i) that feed into the secondary school to the number of students enrolled in such school. (F) Exception This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. (G) Waiver for desegregation plans The Secretary may approve a local educational agency’s written request for a waiver of the requirements of this paragraph and paragraph (3) and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— (i) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school’s total enrollment; and (ii) the Secretary determines, on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. (2) Local educational agency discretion (A) In general Notwithstanding paragraph (1)(B), a local educational agency may— (i) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; (ii) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; (iii) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and (iv) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— (I) the school meets the comparability requirements of section 1117(c); (II) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of this section; and (III) the funds expended from such other sources equal or exceed the amount that would be provided under this part. (B) Special rule Notwithstanding subparagraph (A)(iv), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). (3) Allocations (A) In general A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under paragraphs (1) and (2) in rank order, on the basis of the total number of children from low-income families in each area or school. (B) Special rule (i) In general Except as provided in clause (ii), the per-pupil amount of funds allocated to each school attendance area or school under subparagraph (A) shall be at least 125 percent of the per-pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this clause shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. (ii) Exception A local educational agency may reduce the amount of funds allocated under clause (i) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of this section. (4) Reservation of funds (A) In general A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. (B) Homeless children and youth Funds reserved under subparagraph (A)(i) may be— (i) determined based on a needs assessment of homeless children and youths in the local educational agency, as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act; and (ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— (I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act; and (II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act. (5) Early childhood education A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children. (b) Schoolwide programs and targeted assistance schools (1) In general For each school that will receive funds under this part, the local educational agency shall determine whether the school shall operate a schoolwide program consistent with subsection (c) or a targeted assistance school program consistent with subsection (d). (2) Needs assessment The determination under paragraph (1) shall be— (A) based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards under section 1111(b)(1), particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and (B) conducted with the participation of individuals who would carry out the schoolwide plan, including those individuals under subsection (c)(2)(B). (3) Coordination The needs assessment under paragraph (2) may be undertaken as part of other related needs assessments under this Act. (c) Schoolwide programs (1) In general (A) Eligibility A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Exception A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if— (i) the local educational agency in which the school is located allows such school to do so; and (ii) the results of the comprehensive needs assessment conducted under subsection (b)(2) determine a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors. (2) Schoolwide program plan An eligible school operating a schoolwide program shall develop a comprehensive plan, in consultation with the local educational agency, tribes and tribal organizations present in the community, and other individuals as determined by the school, that— (A) is developed during a 1-year period, unless— (i) the local educational agency determines in consultation with the school that less time is needed to develop and implement the schoolwide program; or (ii) the school is operating a schoolwide program on the day before the date of enactment of the Every Child Achieves Act of 2015 , in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section; (B) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, and administrators (including administrators of programs described in other parts of this title), and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, and students; (C) remains in effect for the duration of the school’s participation under this part, except that the plan and the implementation of, and results achieved by, the schoolwide program shall be regularly monitored and revised as necessary to ensure that students are meeting the challenging State academic standards; (D) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; (E) if appropriate and applicable, developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and interventions and supports for schools identified as in need of intervention and support under section 1114; and (F) includes a description of— (i) the results of the comprehensive needs assessments of the entire school required under subsection (b)(2); (ii) the strategies that the school will be implementing to address school needs, including a description of how such strategies will— (I) provide opportunities for all children, including each of the categories of students, as defined in section 1111(b)(3)(A), to meet the challenging State academic standards under section 1111(b)(1); (II) use evidence-based methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum; (III) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, which may include— (aa) counseling, school-based mental health programs, specialized instructional support services, and mentoring services; (bb) preparation for and awareness of opportunities for postsecondary education and the workforce, including career and technical education programs, which may include broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment and early college high schools; (cc) implementation of a schoolwide multi-tiered system of supports, including positive behavioral interventions and supports and early intervening services, including through coordination with such activities and services carried out under the Individuals with Disabilities Education Act; (dd) implementation of supports for teachers and other school personnel, which may include professional development and other activities to improve instruction, activities to recruit and retain effective teachers, particularly in high-need schools, and using data from academic assessments under section 1111(b)(2) and other formative and summative assessments to improve instruction; (ee) programs, activities, and courses in the core academic subjects to assist children in meeting the challenging State academic standards; and (ff) other strategies to improve student’s academic and nonacademic skills essential for success; and (IV) be monitored and improved over time based on student needs, including increased supports for those students who are lowest-achieving; (iii) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program; and (iv) if appropriate, how funds will be used to establish or enhance early childhood education programs for children who are aged 5 or younger, including how programs will help transition such children to local elementary school programs. (3) Identification of students not required (A) In general No school participating in a schoolwide program shall be required to identify— (i) particular children under this part as eligible to participate in a schoolwide program; or (ii) individual services as supplementary. (B) Supplemental funds In accordance with the method of determination described in section 1117, a school participating in a schoolwide program shall use funds available to carry out this paragraph only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and children who are English learners. (4) Exemption from statutory and regulatory requirements (A) Exemption The Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act, except as provided in section 613(a)(2)(D) of such Act), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1117), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (C) Records A school that chooses to consolidate and use funds from different Federal programs under this paragraph shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. (5) Preschool programs A school that operates a schoolwide program under this subsection may use funds made available under this part to establish, expand, or enhance preschool programs for children aged 5 or younger. (d) Targeted assistance school programs (1) In general Each school selected to receive funds under subsection (a)(3) for which the local educational agency serving such school, based on the results of the comprehensive needs assessment conducted under subsection (b)(2), determines that the school will operate a targeted assistance school program, may use funds received under this part only for programs that provide services to eligible children under paragraph (3)(A)(ii) who are identified as having the greatest need for special assistance. (2) Targeted assistance school program Each school operating a targeted assistance school program shall develop a plan, in consultation with the local educational agency and other individuals as determined by the school, that includes— (A) a description of the results of the comprehensive needs assessments of the entire school required under subsection (b)(2); (B) a description of the process for determining which students will be served and the students to be served; (C) a description of how the activities supported under this part will be coordinated with and incorporated into the regular education program of the school; (D) a description of how the program will serve participating students identified under paragraph (3)(A)(ii), including by— (i) using resources under this part, such as support for programs, activities, and courses in core academic subjects to help participating children meet the challenging State academic standards; (ii) using methods and instructional strategies that are evidence-based to strengthen the core academic program of the school and that may include— (I) expanded learning time, before- and after-school programs, and summer programs and opportunities; or (II) a multi-tiered system of supports, positive behavioral interventions and supports, and early intervening services; (iii) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under part D of title II, or State-run preschool programs to elementary school programs; (iv) supporting effective teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with participating children in programs under this subsection or in the regular education program with resources provided under this part, and, to the extent practicable, from other sources, through professional development; (v) implementing strategies to increase parental involvement of parents of participating children in accordance with section 1115; and (vi) if applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education, and intervention and supports in schools identified as in need of intervention and support under section 1114; and (E) assurances that the school will— (i) help provide an accelerated, high-quality curriculum; (ii) minimize removing children from the regular classroom during regular school hours for instruction provided under this part; and (iii) on an ongoing basis, review the progress of participating children and revise the plan under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards. (3) Eligible children (A) Eligible population (i) In general The eligible population for services under this subsection shall be— (I) children not older than age 21 who are entitled to a free public education through grade 12; and (II) children who are not yet at a grade level at which the local educational agency provides a free public education. (ii) Eligible children from eligible population From the population described in clause (i), eligible children are children identified by the school as failing, or most at risk of failing, to meet the challenging State academic standards on the basis of multiple, educationally related, objective criteria established by the local educational agency and supplemented by the school, except that children from preschool through grade 2 shall be selected solely on the basis of criteria, including objective criteria, established by the local educational agency and supplemented by the school. (B) Children included (i) In general Children who are economically disadvantaged, children with disabilities, migrant children, or children who are English learners, are eligible for services under this subsection on the same basis as other children selected to receive services under this subsection. (ii) Head start and preschool children A child who, at any time in the 2 years preceding the year for which the determination is made, participated in a Head Start program, the literacy program under part D of title II, or in preschool services under this title, is eligible for services under this subsection. (iii) Migrant children A child who, at any time in the 2 years preceding the year for which the determination is made, received services under part C is eligible for services under this subsection. (iv) Neglected or delinquent children A child in a local institution for neglected or delinquent children and youth or attending a community day program for such children is eligible for services under this subsection. (v) Homeless children A child who is homeless and attending any school served by the local educational agency is eligible for services under this subsection. (C) Special rule Funds received under this subsection may not be used to provide services that are otherwise required by law to be made available to children described in subparagraph (B) but may be used to coordinate or supplement such services. (4) Integration of professional development To promote the integration of staff supported with funds under this subsection into the regular school program and overall school planning and improvement efforts, public school personnel who are paid with funds received under this subsection may— (A) participate in general professional development and school planning activities; and (B) assume limited duties that are assigned to similar personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children, so long as the amount of time spent on such duties is the same proportion of total work time as prevails with respect to similar personnel at the same school. (5) Special rules (A) Simultaneous service Nothing in this subsection shall be construed to prohibit a school from serving students under this subsection simultaneously with students with similar educational needs, in the same educational settings where appropriate. (B) Comprehensive services If health, nutrition, and other social services are not otherwise available to eligible children in a school operating a targeted assistance school program and such school, if appropriate, has established a collaborative partnership with local service providers and funds are not reasonably available from other public or private sources to provide such services, then a portion of the funds provided under this subsection may be used to provide such services, including through— (i) the provision of basic medical equipment and services, such as eyeglasses and hearing aids; (ii) compensation of a coordinator; (iii) family support and engagement services; (iv) health care services and integrated student supports to address the physical, mental, and emotional well-being of children; and (v) professional development necessary to assist teachers, specialized instructional support personnel, other staff, and parents in identifying and meeting the comprehensive needs of eligible children. (e) Use for dual or concurrent enrollment programs (1) In general A local educational agency carrying out a schoolwide program or a targeted assistance school program under subsection (c) or (d) in a high school may use funds received under this part— (A) to carry out— (i) dual or concurrent enrollment programs for high school students, through which the students are enrolled in the high school and in postsecondary courses at an institution of higher education; or (ii) programs that allow a student to continue in a dual or concurrent enrollment program at a high school for the school year following the student's completion of grade 12; or (B) to provide training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher education where appropriate, for the purpose of integrating rigorous academics in dual or concurrent enrollment programs. (2) Flexibility of funds A local educational agency using funds received under this part for a dual or concurrent program described in clause (i) or (ii) of paragraph (1)(A) may use such funds for any of the costs associated with such program, including the costs of— (A) tuition and fees, books, and required instructional materials for such program; and (B) transportation to and from such program. (3) Rule of construction Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with State law. (f) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment under subsection (b)(2) or a plan under subsection (c) or (d) for review or approval by the Secretary. 1114. School identification, interventions, and supports (a) State review and responsibilities (1) In general Each State educational agency receiving funds under this part shall use the system designed by the State under section 1111(b)(3) to annually— (A) identify the public schools that receive funds under this part and are in need of intervention and support using the method established by the State in section 1111(b)(3)(B)(iii); (B) require for inclusion— (i) on each local educational agency report card required under section 1111(d), the names of schools served by the agency identified under subparagraph (A); and (ii) on each school report card required under section 1111(d), whether the school was identified under subparagraph (A); (C) ensure that all public schools that receive funds under this part and are identified as in need of intervention and support under subparagraph (A), implement an evidence-based intervention or support strategy designed by the State or local educational agency described in subparagraph (A) or (B) of subsection (b)(3); (D) prioritize intervention and supports in the identified schools most in need of intervention and support, as determined by the State, using the results of the accountability system under 1111(b)(3)(B)(iii); and (E) monitor and evaluate the implementation of school intervention and support strategies by local educational agencies, including in the lowest-performing elementary schools and secondary schools in the State, and use the results of the evaluation to take appropriate steps to change or improve interventions or support strategies as necessary. (2) State educational agency discretion Notwithstanding paragraph (1)(A), a State educational agency may— (A) identify any middle school or high school as in need of intervention and support if at least 40 percent of the children served by such school are from low-income families (as measured under section 1113(a)(1)(E)(ii)); and (B) use funds provided under subsection (c) to assist such school consistent with such subsection. (3) State educational agency responsibilities The State educational agency shall— (A) make technical assistance available to local educational agencies that serve schools identified as in need of intervention and support under paragraph (1)(A); (B) if the State educational agency determines that a local educational agency failed to carry out its responsibilities under this section, take such actions as the State educational agency determines to be appropriate and in compliance with State law to assist the local educational agency and ensure that such local educational agency is carrying out its responsibilities; (C) inform local educational agencies of schools identified as in need of intervention and support under paragraph (1)(A) in a timely and easily accessible manner that is before the beginning of the school year; and (D) publicize and disseminate to the public, including teachers, principals and other school leaders, and parents, the results of the State review under paragraph (1). (b) Local educational agency review and responsibilities (1) In general Each local educational agency with a school identified as in need of intervention and support under subsection (a)(1)(A) shall, in consultation with teachers, principals and other school leaders, school personnel, parents, and community members— (A) conduct a review of such school, including by examining the indicators and measures included in the State-determined accountability system described in section 1111(b)(3)(B) to determine the factors that led to such identification; (B) conduct a review of the agency's policies, procedures, personnel decisions, and budgetary decisions, including the measures on the local educational agency and school report cards under section 1111(d) that impact the school and could have contributed to the identification of the school; (C) develop and implement appropriate intervention and support strategies, as described in paragraph (3), that are proportional to the identified needs of the school, for assisting the identified school; (D) develop a rigorous comprehensive plan that will be publicly available and provided to parents, for ensuring the successful implementation of the intervention and support strategies described in paragraph (3) in identified schools, which may include— (i) technical assistance that will be provided to the school; (ii) improved delivery of services to be provided by the local educational agency; (iii) increased support for stronger curriculum, program of instruction, wraparound services, or other resources provided to students in the school; (iv) any changes to personnel necessary to improve educational opportunities for children in the school; (v) redesigning how time for student learning or teacher collaboration is used within the school; (vi) using data to inform instruction for continuous improvement; (vii) providing increased coaching or support for principals and other school leaders to have the knowledge and skills to lead and implement efforts to improve schools and to support teachers to improve instruction; (viii) improving school climate and safety; (ix) providing ongoing mechanisms for family and community engagement to improve student learning; and (x) establishing partnerships with entities, including private entities with a demonstrated record of improving student achievement, that will assist the local educational agency in fulfilling its responsibilities under this section; and (E) collect and use data on an ongoing basis to monitor the results of the intervention and support strategies and adjust such strategies as necessary during implementation in order to improve student academic achievement. (2) Notice to parents A local educational agency shall promptly provide to a parent or parents of each student enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) in an easily accessible and understandable form and, to the extent practicable, in a language that parents can understand— (A) an explanation of what the identification means, and how the school compares in terms of academic achievement and other measures in the State accountability system under section 1111(b)(3)(B) to other schools served by the local educational agency and the State educational agency involved; (B) the reasons for the identification; (C) an explanation of what the local educational agency or State educational agency is doing to help the school address student academic achievement and other measures, including a description of the intervention and support strategies developed under paragraph (1)(C) that will be implemented in the school; (D) an explanation of how the parents can become involved in addressing academic achievement and other measures that caused the school to be identified; and (E) an explanation of the parents’ option to transfer their child to another public school under paragraph (4), if applicable. (3) School intervention and support strategies (A) In general Consistent with subsection (a)(1) and paragraph (1), a local educational agency shall develop and implement evidence-based intervention and support strategies for an identified school that the local educational agency determines appropriate to address the needs of students in such identified school, which shall— (i) be designed to address the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1); (ii) be implemented, at a minimum, in a manner that is proportional to the specific reasons for identification, as described in subparagraphs (A) and (B) of paragraph (1); and (iii) distinguish between the lowest-performing schools and other schools identified as in need of intervention and support for other reasons, including schools with categories of students, as defined in section 1111(b)(3)(A), not meeting the goals described in section 1111(b)(3)(B)(i), as determined by the review in subparagraphs (A) and (B) of paragraph (1). (B) State determined strategies Consistent with State law, a State educational agency may establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified as in need of intervention and support under subsection (a)(1)(A), in addition to the assistance strategies developed by a local educational agency under subparagraph (A). (4) Public school choice (A) In general A local educational agency may provide all students enrolled in a school identified as in need of intervention and support under subsection (a)(1)(A) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. (B) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (C) Treatment Students who use the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the students transfer in the same manner as all other children at the public school. (D) Special rule A local educational agency shall permit a child who transfers to another public school under this paragraph to remain in that school until the child has completed the highest grade in that school. (E) Funding for transportation A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer. (5) Prohibitions on federal interference with state and local decisions Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes— (A) any school intervention or support strategy that States or local educational agencies shall use to assist schools identified as in need of intervention and support under this section; or (B) the weight of any indicator or measure that a State shall use to identify schools under subsection (a). (c) Funds for local school interventions and supports (1) In general (A) Grants authorized From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall award grants to States and the Bureau of Indian Education of the Department of the Interior, through an allotment as determined under subparagraph (B), to carry out the activities described in this subsection. (B) Allotments From the total amount appropriated under section 1002(f) for a fiscal year, the Secretary shall allot to each State, the Bureau of Indian Education of the Department of the Interior, and each outlying area for such fiscal year with an approved application, an amount that bears the same relationship to such total amount as the amount such State, the Bureau of Indian Education of the Department of the Interior, or such outlying area received under parts A, C, and D of this title for the most recent preceding fiscal year for which the data are available bears to the amount received by all such States, the Bureau of Indian Education of the Department of the Interior, and all such outlying areas under parts A, C, and D of this title for such most recent preceding fiscal year. (2) State application A State (including, for the purpose of this paragraph, the Bureau of Indian Education) that desires to receive school intervention and support funds under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include a description of— (A) the process and the criteria that the State will use to award subgrants under paragraph (4)(A), including how the subgrants will serve schools identified by the State as the lowest-performing schools under subsection (a)(1); (B) the process and the criteria the State will use to determine whether the local educational agency’s proposal for serving each identified school meets the requirements of paragraph (6) and other provisions of this section; (C) how the State will ensure that local educational agencies conduct a comprehensive review of each identified school as required under subsection (b) to identify evidence-based school intervention and support strategies that are likely to be successful in each particular school; (D) how the State will ensure geographic diversity in making subgrants; (E) how the State will set priorities in awarding subgrants to local educational agencies, including how the State will prioritize local educational agencies serving elementary schools and secondary schools identified as the lowest-performing schools under subsection (a)(1) that will use subgrants to serve such schools; (F) how the State will monitor and evaluate the implementation of evidence-based school intervention and support strategies supported by funds under this subsection; and (G) how the State will reduce barriers for schools in the implementation of school intervention and support strategies, including by providing operational flexibility that would enable complete implementation of the selected school intervention and support strategy. (3) State administration; technical assistance; exception (A) In general A State that receives an allotment under this subsection may reserve not more than a total of 5 percent of such allotment for the administration of this subsection to carry out its responsibilities under subsection (a)(3) to support school and local educational agency interventions and supports, which may include activities aimed at building State capacity to support and monitor the local educational agency and school intervention and supports. (B) Exception Notwithstanding subparagraph (A), a State educational agency may reserve from the amount allotted under this subsection additional funds to meet its responsibilities under subsection (a)(3)(B) if a local educational agency fails to carry out its responsibilities under subsection (b), but shall not reserve more than necessary to meet such State responsibilities. (4) Subgrants to local educational agencies (A) In general From the amounts awarded to a State under this subsection, the State educational agency shall allocate not less than 95 percent to make subgrants to local educational agencies, on a competitive basis, to serve schools identified as in need of intervention and support under subsection (a)(1)(A). (B) Duration The State educational agency shall award subgrants under this paragraph for a period of not more than 5 years, which period may include a planning year. (C) Criteria Subgrants awarded under this section shall be of sufficient size to enable a local educational agency to effectively implement the selected intervention and support strategy. (D) Rule of construction Nothing in this subsection shall be construed as prohibiting a State from allocating subgrants under this subsection to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools identified as in need of intervention and support under this section, if such entities are legally constituted or recognized as local educational agencies in the State. (5) Application In order to receive a subgrant under this subsection, a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum— (A) a description of the process the local educational agency has used for selecting an appropriate evidence-based school intervention and support strategy for each school to be served, including how the local educational agency has analyzed the needs of each such school in accordance with subsection (b)(1) and meaningfully consulted with teachers, principals, and other school leaders in selecting such intervention and support strategy; (B) the specific evidence-based school interventions and supports to be used in each school to be served, how these interventions and supports will address the needs identified in the review under subsection (b)(1), and the timeline for implementing such school interventions and supports in each school to be served; (C) a detailed budget covering the grant period, including planned expenditures at the school level for activities supporting full and effective implementation of the selected school intervention and support strategy; (D) a description of how the local educational agency will— (i) design and implement the selected school intervention and support strategy, in accordance with the requirements of subsection (b)(1)(C), including the use of appropriate measures to monitor the effectiveness of implementation; (ii) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner; (iii) align other Federal, State, and local resources with the intervention and support strategy to reduce duplication, increase efficiency, and assist identified schools in complying with reporting requirements of Federal and State programs; (iv) modify practices and policies, if necessary, to provide operational flexibility that enables full and effective implementation of the selected school intervention and support strategy; (v) collect and use data on an ongoing basis to adjust the intervention and support strategy during implementation, and, if necessary, modify or implement a different strategy if implementation is not effective, in order to improve student academic achievement; (vi) ensure that the implementation of the intervention and support strategy meets the needs of each of the categories of students, as defined in section 1111(b)(3)(A); (vii) provide information to parents, guardians, teachers, and other stakeholders about the effectiveness of implementation, to the extent practicable, in a language that the parents can understand; and (viii) sustain successful reforms and practices after the funding period ends; (E) a description of the technical assistance and other support that the local educational agency will provide to ensure effective implementation of school intervention and support strategies in identified schools, in accordance with subsection (b)(1)(D), such as ensuring that identified schools have access to resources like facilities, professional development, and technology and adopting human resource policies that prioritize recruitment, retention, and placement of effective staff in identified schools; and (F) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this subsection. (6) Local activities A local educational agency that receives a subgrant under this subsection— (A) shall use the subgrant funds to implement evidence-based school intervention and support strategies consistent with subsection (a)(1)(A); and (B) may use the subgrant funds to carry out, at the local educational agency level, activities that directly support the implementation of the intervention and support strategies such as— (i) assistance in data collection and analysis; (ii) recruiting and retaining staff; (iii) high-quality, evidence-based professional development; (iv) coordination of services to address students’ non-academic needs; and (v) progress monitoring. (7) Reporting A State that receives funds under this subsection shall report to the Secretary a list of all the local educational agencies that received a subgrant under this subsection and for each local educational agency that received a subgrant, a list of all the schools that were served, the amount of funds each school received, and the intervention and support strategies implemented in each school. (8) Supplement not supplant A local educational agency or State shall use Federal funds received under this subsection only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs funded under this subsection. (d) Rule of construction Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. ; (2) by striking section 1119; and (3) by redesignating sections 1118, 1120, 1120A, and 1120B as sections 1115, 1116, 1117, and 1118, respectively. 1005. Parent and family engagement Section 1115, as redesignated by section 1004(3), is amended— (1) in the section heading, by striking Parental involvement and inserting Parent and family engagement ; (2) in subsection (a)— (A) in paragraph (1)— (i) by inserting conducts outreach to all parents and family members and after only if such agency ; and (ii) by inserting and family members after and procedures for the involvement of parents ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting and family members after , and distribute to, parents ; (II) by striking written parent involvement policy and inserting written parent and family engagement policy ; and (III) by striking expectations for parent involvement and inserting expectations and objectives for meaningful parent and family involvement ; and (ii) by striking subparagraphs (A) through (F) and inserting the following: (A) involve parents and family members in jointly developing the local educational agency plan under section 1112 and the process of school review and intervention and support under section 1114; (B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education; (C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs; (D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying— (i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, are English learners, have limited literacy, or are of any racial or ethnic minority background); (ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and (iii) strategies to support successful school and family interactions; (E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and (F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy. ; and (C) in paragraph (3)— (A) In general Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency's allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving more than the 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section. ; (i) in subparagraph (B), by striking (B) Parental input .—Parents of children and inserting (B) Parent and family member input .—Parents and family members of children ; (ii) in subparagraph (C)— (I) by striking 95 percent and inserting 85 percent ; and (II) by inserting , with priority given to high-need schools after schools served under this part ; and (iii) by adding at the end the following: (D) Use of funds Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following: (i) Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members. (ii) Supporting home visitation programs. (iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members. (iv) Collaborating or providing subgrants to schools to enable such schools to collaborate with community-based or other organizations or employers with a demonstrated record of success in improving and increasing parent and family engagement. (v) Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy, which may include financial literacy activities and adult education and literacy activities, as defined in section 203 of the Adult Education and Family Literacy Act. ; (3) in subsection (b)— (A) in the subsection heading, by striking Parental involvement policy and inserting Parental and family engagement policy ; (B) in paragraph (1)— (i) by inserting and family members after distribute to, parents ; and (ii) by striking written parental involvement policy and inserting written parent and family engagement policy ; (C) in paragraph (2)— (i) by striking parental involvement policy and inserting parent and family engagement policy ; and (ii) by inserting and family members after that applies to all parents ; and (D) in paragraph (3)— (i) by striking school district-level parental involvement policy and inserting district-level parent and family engagement policy ; and (ii) by inserting and family members in all schools served by the local educational agency after policy that applies to all parents ; (4) in subsection (c)— (A) in paragraph (3), by striking parental involvement policy and inserting parent and family engagement policy ; (B) in paragraph (4)(B), by striking the proficiency levels students are expected to meet and inserting the achievement levels of the challenging State academic standards ; and (C) in paragraph (5), by striking section 1114(b)(2) and inserting section 1113(c)(2) ; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking parental involvement policy and inserting parent and family engagement policy ; (B) in paragraph (1)— (i) by striking the State’s student academic achievement standards and inserting the challenging State academic standards ; and (ii) by striking , such as monitoring attendance, homework completion, and television watching ; and (C) in paragraph (2)— (i) in subparagraph (B), by striking and after the semicolon; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) ensuring regular two-way, meaningful communication between family members and school staff, to the extent practicable, in a language that family members can understand and access. ; (6) in subsection (e)— (A) in paragraph (1), by striking the State’s academic content standards and State student academic achievement standards and inserting the challenging State academic standards ; (B) in paragraph (2), by striking technology and inserting technology (including education about the harms of copyright piracy) ; (C) in paragraph (3), by striking pupil services personnel, principals and inserting specialized instructional support personnel, principals, and other school leaders ; and (D) in paragraph (4), by striking Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and inserting other relevant Federal, State, and local laws, ; (7) by striking subsection (f) and inserting the following: (f) Accessibility In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the full and informed participation of parents and family members (including parents and family members who are English learners, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand. ; and (8) in subsection (h), by striking parental involvement policies and inserting parent and family engagement policies . 1006. Participation of children enrolled in private schools Section 1116, as redesignated by section 1004(3), is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking section 1115(b) and inserting section 1113(d)(3) ; and (ii) by striking sections 1118 and 1119 and inserting section 1115 ; and (B) by striking paragraph (4) and inserting the following: (4) Expenditures (A) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools. (B) Term of determination The local educational agency may determine the equitable share each year or every 2 years. (C) Method of determination The proportional share of funds shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency. ; and (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (E)— (I) by striking and before the proportion of funds ; and (II) by inserting , and how that proportion of funds is determined after such services ; (ii) in subparagraph (F), by striking section 1113(c)(1) and inserting section 1113(a)(3) ; (iii) in subparagraph (G), by striking and after the semicolon; (iv) in subparagraph (H), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (I) whether the agency shall provide services directly or assign responsibility for the provision of services to a separate government agency, consortium, or entity, or to a third-party contractor. ; and (B) in paragraph (5)(A)— (i) by striking or before did not give due consideration ; and (ii) by inserting , or did not make a decision that treats the private school students equitably as required by this section before the period at the end. 1007. Supplement, not supplant Section 1117, as redesignated by section 1004(3), is amended by striking subsection (b) and inserting the following: (b) Federal funds To supplement, not supplant, non-Federal funds (1) In general A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of students participating in programs assisted under this part, and not to supplant such funds. (2) Compliance To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part. (3) Special rule No local educational agency shall be required to— (A) identify that an individual cost or service supported under this part is supplemental; and (B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1). (4) Prohibition Nothing in this section shall be construed to authorize or permit the Secretary to establish any criterion that specifies, defines, or prescribes the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part. (5) Timeline A local educational agency— (A) shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Child Achieves Act of 2015 ; and (B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Child Achieves Act of 2015 . . 1008. Coordination requirements Section 1118, as redesignated by section 1004(3), is amended— (1) in subsection (a), by striking early childhood development programs such as the Early Reading First program and inserting , early childhood education programs, including by developing agreements with such Head Start agencies and other entities to carry out such activities ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking early childhood development programs, such as the Early Reading First program, and inserting early childhood education programs ; (B) in paragraph (1), by striking early childhood development program such as the Early Reading First program and inserting early childhood education program ; (C) in paragraph (2), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs ; (D) in paragraph (3), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs ; (E) in paragraph (4)— (i) by striking Early Reading First program staff, ; and (ii) by striking early childhood development program and inserting early childhood education program ; (F) in paragraph (5), by striking and entities carrying out Early Reading First programs . 1009. Grants for the outlying areas and the Secretary of the Interior Section 1121 ( 20 U.S.C. 6331 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking and 1125A(f) ; and (2) in subsection (b)(3)(C)(ii), by striking challenging State academic content standards and inserting challenging State academic standards . 1010. Allocations to States Section 1122 ( 20 U.S.C. 6332 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Allocation formula (1) Initial allocation For each of fiscal years 2016 through 2021 (referred to in this subsection as the current fiscal year ), the Secretary shall allocate $17,000,000,000 of the amount appropriated under section 1002(a) to carry out this part (or, if the total amount appropriated for this part is equal to or less than $17,000,000,000, all of such amount) in accordance with the following: (A) An amount equal to the amount made available to carry out section 1124 for fiscal year 2015 shall be allocated in accordance with section 1124. (B) An amount equal to the amount made available to carry out section 1124A for fiscal year 2015 shall be allocated in accordance with section 1124A. (C) An amount equal to 100 percent of the amount, if any, by which the amount made available under this paragraph for the current fiscal year for which the determination is made exceeds the amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be allocated in accordance with section 1125 and 1125A. (2) Allocations in excess of $17,000,000,000 For each of the current fiscal years for which the amounts appropriated under section 1002(a) to carry out this part exceed $17,000,000,000, an amount equal to such excess amount shall be allocated in accordance with section 1123. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking under this subpart and inserting under subsection (a)(1) for sections 1124, 1124A, 1125, and 1125A ; and (ii) by striking and 1125 and inserting 1125, and 1125A ; and (B) in paragraph (2)— (i) by inserting under subsection (a)(1) after become available ; and (ii) by striking and 1125 and inserting 1125, and 1125A ; (3) in subsection (c)(1), by inserting and to the extent amounts under subsection (a)(1) are available after For each fiscal year ; and (4) in subsection (d)(1), by striking under this subpart and inserting under subsection (a)(1) for sections 1124, 1124A, 1125, and 1125A . 1011. Equity grants Subpart 2 of part A of title I ( 20 U.S.C. 6331 et seq. ) is amended by inserting after section 1122 the following: 1123. Equity grants (a) Authorization From funds appropriated under section 1002(a) for a fiscal year and available for allocation pursuant to section 1122(a)(2), the Secretary is authorized to make grants to States, from allotments under subsection (b), to carry out the programs and activities of this part. (b) Distribution based upon concentrations of poverty (1) In general (A) In general Except as provided in subparagraphs (B) and (C), funds appropriated pursuant to subsection (a) for a fiscal year shall be allotted to each State based upon the number of children counted under section 1124(c) in such State multiplied by the product of— (i) 40 percent of the average per-pupil expenditure in the United States (other than the Commonwealth of Puerto Rico); multiplied by (ii) 1.30 minus such State's equity factor described in paragraph (2). (B) Puerto Rico For each fiscal year, the Secretary shall allot to the Commonwealth of Puerto Rico an amount of the funds appropriated under subsection (a) that bears the same relation to the total amount of funds appropriated under such subsection as the amount that the Commonwealth of Puerto Rico received under this subpart for fiscal year 2015 bears to the total amount received by all States for such fiscal year. (C) State minimum Notwithstanding any other provision of this section, except for subparagraph (B), from the total amount available for any fiscal year to carry out this section, each State shall be allotted at least the lesser of— (i) 0.35 percent of the total amount available to carry out this section for such fiscal year; or (ii) the average of— (I) 0.35 percent of such total amount for such fiscal year; and (II) 150 percent of the national average grant under this section per child described in section 1124(c), without application of a weighting factor, multiplied by the State's total number of children described in section 1124(c), without application of a weighting factor. (2) Equity factor (A) Determination (i) In general Except as provided in subparagraph (B), the Secretary shall determine the equity factor under this section for each State in accordance with clause (ii). (ii) Computation (I) In general For each State, the Secretary shall compute a weighted coefficient of variation for the per-pupil expenditures of local educational agencies in accordance with subclauses (II), (III), and (IV). (II) Variation In computing coefficients of variation, the Secretary shall weigh the variation between per-pupil expenditures in each local educational agency and the average per-pupil expenditures in the State according to the number of pupils served by the local educational agency. (III) Number of pupils In determining the number of pupils under this paragraph served by each local educational agency and in each State, the Secretary shall multiply the number of children counted under section 1124(c) by a factor of 1.4. (IV) Enrollment requirement In computing coefficients of variation, the Secretary shall include only those local educational agencies with an enrollment of more than 200 students. (B) Special rule The equity factor for a State that meets the disparity standard described in section 222.162 of title 34, Code of Federal Regulations (as such section was in effect on the day preceding the date of enactment of the No Child Left Behind Act of 2001) or a State with only one local educational agency shall be not greater than 0.10. (c) Use of funds; eligibility of local educational agencies All funds awarded to each State under this section shall be allocated to local educational agencies under the following provisions: (1) Distribution within local educational agencies Within local educational agencies, funds allocated under this section shall be distributed to schools on a basis consistent with section 1113, and may only be used to carry out activities under this part. (2) Eligibility for grant A local educational agency in a State is eligible to receive a grant under this section for any fiscal year if— (A) the number of children in the local educational agency counted under section 1124(c), before application of the weighted child count described in subsection (d), is at least 10; and (B) if the number of children counted for grants under section 1124(c), before application of the weighted child count described in subsection (d), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency. (d) Allocation of funds to eligible local educational agencies (1) In general Funds received by States under this section for a fiscal year shall be allocated within States to eligible local educational agencies on the basis of weighted child counts calculated in accordance with paragraph (2), (3), or (4), as appropriate for each State. (2) States with an equity factor less than .10 (A) In general In States with an equity factor less than .10, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C). (B) By percentage of children The amount referred to in subparagraph (A) is determined by adding— (i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (ii) the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 1.75; (iii) the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 2.5; (iv) the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 3.25; and (v) the number of such children who constitute more than 36.10 percent of such population, multiplied by 4.0. (C) By number of children The amount referred to in subparagraph (A) is determined by adding— (i) the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (ii) the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 1.5; (iii) the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 2.0; and (iv) (I) in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 2.0; or (II) in the case of a high poverty percentage local educational agency— (aa) the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 2.5; and (bb) the number of such children in excess of 26,412 in such population, multiplied by 3.0. (3) States with an equity factor greater than or equal to .10 and less than .20 (A) In general In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C). (B) By percentage of children The amount referred to in subparagraph (A) is determined by adding— (i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (ii) the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 1.5; (iii) the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 3.0; (iv) the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 4.5; and (v) the number of such children who constitute more than 36.10 percent of such population, multiplied by 6.0. (C) By number of children The amount referred to in subparagraph (A) is determined by adding— (i) the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (ii) the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 1.5; (iii) the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 2.25; and (iv) (I) in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 2.25; or (II) in the case of a high poverty percentage local educational agency— (aa) the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 3.375; and (bb) the number of such children in excess of 26,412 in such population, multiplied by 4.5. (4) States with an equity factor greater than or equal to .20 (A) In general In States with an equity factor greater than or equal to .20, the weighted child counts referred to in paragraph (1) for a fiscal year shall be the larger of the 2 amounts determined under subparagraphs (B) and (C). (B) By percentage of children The amount referred to in subparagraph (A) is determined by adding— (i) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 17.27 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (ii) the number of such children who constitute more than 17.27 percent, but not more than 23.48 percent, of such population, multiplied by 2.0; (iii) the number of such children who constitute more than 23.48 percent, but not more than 29.11 percent, of such population, multiplied by 4.0; (iv) the number of such children who constitute more than 29.11 percent, but not more than 36.10 percent, of such population, multiplied by 6.0; and (v) the number of such children who constitute more than 36.10 percent of such population, multiplied by 8.0. (C) By number of children The amount referred to in subparagraph (A) is determined by adding— (i) the number of children determined under section 1124(c) who constitute not more than 834, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (ii) the number of such children between 835 and 2,629, inclusive, in such population, multiplied by 2.0; (iii) the number of such children between 2,630 and 7,668, inclusive, in such population, multiplied by 3.0; and (iv) (I) in the case of an agency that is not a high poverty percentage local educational agency, the number of such children in excess of 7,668 in such population, multiplied by 3.0; or (II) in the case of a high poverty percentage local educational agency— (aa) the number of such children between 7,669 and 26,412, inclusive, in such population, multiplied by 4.5; and (bb) the number of such children in excess of 26,412 in such population, multiplied by 6.0. (e) Maintenance of effort (1) In general A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State's fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2). (2) Reduction in case of failure to meet (A) In general The Secretary shall reduce the amount of the allotment of funds under this section in any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. (B) Special rule No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) Waiver The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— (A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (B) a precipitous decline in the financial resources of the State. (f) Adjustments where necessitated by appropriations (1) In general If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2) and (3). (2) Additional funds If additional funds become available for making payments under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. (3) Hold harmless amounts Beginning with the second fiscal year for which amounts are appropriated to carry out this section, and if sufficient funds are available, the amount made available to each local educational agency under this section for a fiscal year shall be— (A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under section 1124(c) is equal to or more than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency; (B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is less than 30 percent and equal to or more than 15 percent; and (C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is less than 15 percent. (4) Applicability Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part. (g) Definitions In this section: (1) High poverty percentage local educational agency The term high poverty percentage local educational agency means a local educational agency for which the number of children determined under subsection (b) for a fiscal year is 20 percent or more of the total population aged 5 to 17, inclusive, of the local educational agency for such fiscal year. (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. . 1011A. Adequacy of funding rule Section 1125AA(b) ( 20 U.S.C. 6336(b) ) is amended by striking section 1122(a) and inserting section 1122(a)(1) . 1011B. Education finance incentive grant program In section 1125A ( 20 U.S.C. 6337 )— (1) in subsection (a), by striking under subsection (f) and inserting under section 1002(a) and made available under section 1122(a)(1) ; (2) in subsection (b), by striking pursuant to subsection (f) and inserting made available for this section under section 1122(a)(1) ; (3) in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in subsection (d)(1)(A)(ii), by striking clause “(i) and inserting clause (i) ; (5) by striking subsection (e) and inserting the following: (e) Maintenance of effort (1) In general A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State's fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2). (2) Reduction in case of failure to meet (A) In general The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. (B) Special rule No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) Waiver The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— (A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (B) a precipitous decline in the financial resources of the State. ; (6) by striking subsection (f); (7) by redesignating subsection (g) as subsection (f); and (8) in subsection (f), as redesignated by paragraph (7)— (A) in paragraph (1), by striking under this section and inserting to carry out this section ; and (B) in subsection (f)(3), in the matter preceding subparagraph (A), by striking shall be and inserting shall be— . 1011C. Special allocation procedures Section 1126 ( 20 U.S.C. 6338 ) is amended by striking sections 1124, 1124A, 1125, and 1125A each place the term appears and inserting sections 1123, 1124, 1124A, 1125, and 1125A . 1012. Academic assessments Part B of title I ( 20 U.S.C. 6361 et seq. ) is amended to read as follows: B Academic assessments 1201. Grants for state assessments and related activities From amounts made available in accordance with section 1204, the Secretary shall make grants to States to enable the States to carry out 1 or more of the following: (1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State. (2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following: (A) Expanding the range of appropriate accommodations available to children who are English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice. (B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b). (C) Developing or improving assessments of English language proficiency necessary to comply with section 1111(b)(2)(G). (D) Ensuring the continued validity and reliability of State assessments. (E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials. (F) Developing or improving the quality, validity, and reliability of assessments for children who are English learners, including alternative assessments aligned with the challenging State academic standards, testing accommodations for children who are English learners, and assessments of English language proficiency. (G) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments. (H) At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such assessments. (I) Developing or improving models to measure and assess student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2). 1202. Grants for enhanced assessment instruments (a) Grant program authorized From amounts made available in accordance with section 1204, the Secretary shall award, on a competitive basis, grants to State educational agencies that have submitted applications at such time, in such manner, and containing such information as the Secretary may reasonably require, which demonstrate, to the satisfaction of the Secretary, that the requirements of this section will be met, for one of more of the following: (1) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2). (2) Developing or improving assessments for students who are children with disabilities, including using the principles of universal design for learning, which may include developing assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D). (3) Measuring student progress or academic growth over time, including by using multiple measures, or developing or improving models to measure and assess growth on State assessments under section 1111(b)(2). (4) Evaluating student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments that emphasize the mastery of standards and aligned competencies in a competency-based education model, technology-based academic assessments, computer adaptive assessments, and portfolios, projects, or extended performance task assessments. (5) Designing the report cards and reports under section 1111(d) in an easily accessible, user-friendly manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation— (A) does not reveal personally identifiable information about an individual student; and (B) is derived from existing State and local reporting requirements and data sources. (b) Rule of construction Nothing in paragraph (5) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary not otherwise explicitly authorized under this Act. (c) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing its activities under the grant and the result of such activities. (d) Prohibition No funds provided under this section to the Secretary shall be used to mandate, direct, control, incentivize, or make financial awards conditioned upon a State (or a consortium of States) developing any assessment common to a number of States, including testing activities prohibited under section 9529. 1203. Audits of assessment systems (a) In general From the amount reserved under section 1204(b)(1)(C) for a fiscal year, the Secretary shall make grants to States to enable the States to— (1) in the case of a grant awarded under this section to a State for the first time— (A) carry out audits of State assessment systems and ensure that local educational agencies carry out audits of local assessments under subsection (e)(1); (B) prepare and carry out the State plan under subsection (e)(6); and (C) award subgrants under subsection (f); and (2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— (A) carry out the State plan under subsection (e)(6); and (B) award subgrants under subsection (f). (b) Minimum amount Each State with an approved application shall receive a grant amount of not less than $1,500,000 per fiscal year. (c) Reallocation If a State chooses not to apply to receive a grant under this subsection, or if such State’s application under subsection (d) is disapproved by the Secretary, the Secretary shall reallocate such grant amount to other States with approved applications. (d) Application A State desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Audits of state assessment systems and local assessments (1) Audit requirements Not later than 1 year after a State receives a grant under this section for the first time, the State shall— (A) conduct an audit of the State assessment system; (B) ensure that each local educational agency under the State’s jurisdiction and receiving funds under this Act— (i) conducts an audit of each local assessment administered by the local educational agency; and (ii) submits the results of such audit to the State; and (C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is— (i) publicly available, such as a widely accessible online platform; and (ii) with appropriate accessibility provisions for individuals with disabilities and English learners. (2) Resources for local educational agencies In carrying out paragraph (1)(B), each State shall develop and provide local educational agencies with resources, such as guidelines and protocols, to assist the agencies in conducting and reporting the results of the audit required under such paragraph. (3) State assessment system description An audit of a State assessment system conducted under paragraph (1) shall include a description of each State assessment carried out in the State, including— (A) the grade and subject matter assessed; (B) whether the assessment is required under section 1111(b)(2) or allowed under section 1111(b)(2)(D); (C) the annual cost to the State educational agency involved in developing, purchasing, administering, and scoring the assessment; (D) the purpose for which the assessment was designed and the purpose for which the assessment is used, including assessments designed to contribute to systems of improvement of teaching and learning; (E) the time for disseminating assessment results; (F) a description of how the assessment is aligned with the challenging State academic standards under section 1111(b)(1); (G) a description of any State law or regulation that established the requirement for the assessment; (H) the schedule and calendar for all State assessments given; and (I) a description of the State’s policies for inclusion of English learners and children with disabilities participating in assessments, including developing and promoting the use of appropriate accommodations. (4) Local assessment description An audit of a local assessment conducted under paragraph (1) shall include a description of the local assessment carried out by the local educational agency, including— (A) the descriptions listed in subparagraphs (A), (D), and (E) of paragraph (3); (B) the annual cost to the local educational agency of developing, purchasing, administering, and scoring the assessment; (C) the extent to which the assessment is aligned to the challenging State academic standards under section 1111(b)(1); (D) a description of any State or local law or regulation that establishes the requirement for the assessment; and (E) in the case of a summative assessment that is used for accountability purposes, whether the assessment is valid and reliable and consistent with nationally recognized professional and technical standards. (5) Stakeholder feedback Each audit of a State assessment system or local assessment system conducted under subparagraph (A) or (B) of paragraph (1) shall include feedback on such system from education stakeholders, which shall cover information such as— (A) how educators, school leaders, and administrators use assessment data to improve and differentiate instruction; (B) the timing of release of assessment data; (C) the extent to which assessment data is presented in an accessible and understandable format for educators, school leaders, parents, students (if appropriate), and the community; (D) the opportunities, resources, and training educators and administrators are given to review assessment results and make effective use of assessment data; (E) the distribution of technological resources and personnel necessary to administer assessments; (F) the amount of time educators spend on assessment preparation; (G) the assessments that administrators, educators, parents, and students, if appropriate, do and do not find useful; (H) the amount of time students spend taking the assessments; and (I) other information as appropriate. (6) State plan on audit findings (A) Preparing the state plan Not later than 6 months after a State conducts an audit under paragraph (1) and based on the results of such audit, the State shall, in coordination with the local educational agencies under the jurisdiction of the State, prepare and submit to the Secretary a plan to improve and streamline State assessment systems and local assessment systems, including through activities such as— (i) developing and maintaining lists of State and local assessments that— (I) align to the State’s content standards under section 1111(b)(1); (II) are valid, reliable, and remain consistent with nationally recognized professional and technical standards; and (III) contribute to systems of continuous improvement for teaching and learning; (ii) eliminating any assessments that are not required under section 1111(b)(2) (such as buying out the remainder of procurement contracts with assessment developers) that do not meet the contributing factors of high-quality assessments listed under subclauses (I) through (III) of clause (i); (iii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; (iv) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implementing a regular process of review and evaluation of assessment use in local educational agencies; (v) disseminating the assessment data in an accessible and understandable format for educators, parents, and families; and (vi) decreasing time between administering such State assessments and releasing assessment data. (B) Carry out the state plan A State shall carry out a State plan as soon as practicable after the State prepares such State plan under subparagraph (A) and during each grant period of a grant described in subsection (a)(2) that is awarded to the State. (f) Subgrants to local educational agencies (1) In general From the amount awarded to a State under this section, the State shall reserve not less than 20 percent of funds to make subgrants to local educational agencies in the State, or consortia of such local educational agencies, based on demonstrated need in the agency’s or consortium’s application to improve assessment quality, use, and alignment with the challenging State academic standards under section 1111(b)(1). (2) Local educational agency application Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined by the State. The application shall include a description of the agency’s or consortium’s needs to improve assessment quality, use, and alignment (as described in paragraph (1)). (3) Use of funds A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to— (A) conduct an audit of local assessments under subsection (e)(1)(B); (B) eliminate any assessments identified for elimination by such audit, such as by buying out the remainder of procurement contracts with assessment developers; (C) disseminate the best practices described in subsection (e)(6)(A)(ii); (D) improve the capacity of school leaders and educators to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities or English learners; (E) improve assessment delivery systems and schedules, including by increasing access to technology and exam proctors, where appropriate; (F) hire instructional coaches, or promote educators who may receive increased compensation to serve as instructional coaches, to support educators to develop classroom-based assessments, interpret assessment data, and design instruction; and (G) provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments. (g) Definitions In this section: (1) Local assessment The term local assessment means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required by section 1111(b)(2). (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 1204. Funding (a) National assessment of educational progress For the purpose of administering the State assessments under the National Assessment of Educational Progress, there are authorized to be appropriated such sums as may be necessary for fiscal years 2016 through 2021. (b) Allotment of appropriated funds (1) In general From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(H), the Secretary shall— (A) reserve ½ of 1 percent for the Bureau of Indian Education; (B) reserve ½ of 1 percent for the outlying areas; (C) reserve not more than 20 percent to carry out section 1203; and (D) from the remainder, allocate to each State for section 1201 an amount equal to— (i) $3,000,000; and (ii) with respect to any amounts remaining after the allocation is made under clause (i), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Amounts above trigger amount Any amounts made available for a fiscal year under subsection 1002(b) that are more than the amount described in section 1111(b)(2)(H) shall be made available as follows: (A) (i) To award funds under section 1202 to States selected for such grants, according to the quality, needs, and scope of the State application under that section. (ii) In determining the grant amount under clause (i), the Secretary shall ensure that a State’s grant includes an amount that bears the same relationship to the total funds available under this paragraph for the fiscal year as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (c) State defined In this section, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 1205. Innovative assessment and accountability demonstration authority (a) Innovative assessment system defined The term innovative assessment system means a system of assessments that may include— (1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and (2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs. (b) Demonstration authority (1) In general The Secretary may provide a State educational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to establish an innovative assessment system. (2) Demonstration period In accordance with the requirements described in subsection (c), each State educational agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which it desires to exercise the demonstration authority, except that such period shall not exceed 5 years. (3) Initial demonstration authority; progress report; expansion (A) Initial period During the first 3 years of the demonstration authority under this section, the Secretary shall provide State educational agencies, or consortia of State educational agencies, subject to meeting the application requirements in subsection (c), with the authority described in paragraph (1). (B) Limitation During the first 3 years of the demonstration authority under this section, the total number of participating State educational agencies, including those participating in consortia, may not exceed 7, and not more than 4 State educational agencies may participate in a single consortium. (C) Progress report (i) In general Not later than 90 days after the end of the first 3 years of the initial demonstration period described in subparagraph (A), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the initial progress of the approved innovative assessment systems prior to providing additional State educational agencies with the demonstration authority described in paragraph (1). (ii) Criteria The progress report under clause (i) shall draw upon the annual information submitted by participating States described in subsection (c)(2)(I) and examine the extent to which— (I) the innovative assessment systems have demonstrated progress for all students, including at-risk students, in relation to such measures as— (aa) student achievement and academic outcomes; (bb) graduation rates for high schools; (cc) retention rates of students in school; and (dd) rates of remediation for students; (II) the innovative assessment systems have facilitated progress in relation to at least one other valid and reliable indicator of quality, success, or student support, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV); (III) the State educational agencies have solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; (IV) teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment systems; (V) the innovative assessment systems have been developed in accordance with the requirements of subsection (c), including substantial evidence that such systems meet such requirements; and (VI) each State participating in the demonstration authority has demonstrated that the same system of assessments was used to measure the achievement of all students that participated in the demonstration authority, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system. (iii) Use of report Upon completion of the progress report, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used— (I) to support participating State educational agencies through technical assistance; and (II) to inform the peer review process described in subsection (d) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subparagraph (D). (iv) Publicly available The Secretary shall make the progress report under this subparagraph and the response described in clause (iii) publicly available on the website of the Department. (v) Prohibition Nothing in this subparagraph shall be construed to authorize the Secretary to require participating States to submit any additional information for the purposes of the progress report beyond what the State has already provided in the annual report described in subsection (c)(2)(I). (D) Expansion of the demonstration authority Upon completion and publication of the report described in subparagraph (C)(iv), additional State educational agencies or consortia of State educational agencies may apply for the demonstration authority described in this section without regard to the limitations described in subparagraph (B). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same requirements of this section. (c) Application Consistent with the process described in subsection (d), a State educational agency, or consortium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include a description of the innovative assessment system, what experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State proposes to exercise this authority. In addition, the application shall include the following: (1) A demonstration that the innovative assessment system will— (A) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section; (B) be aligned to the standards under section 1111(b)(1) and address the depth and breadth of the challenging State academic standards under such section; (C) express student results or student competencies in terms consistent with the State aligned academic achievement standards; (D) be able to generate comparable, valid, and reliable results for all students and for each category of students described in section 1111(b)(2)(B)(xi), compared to the results for such students on the State assessments under section 1111(b)(2); (E) be developed in collaboration with stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children, educators, including teachers, principals, and other school leaders, local educational agencies, parents, and civil rights organizations in the State; (F) be accessible to all students, such as by incorporating the principles of universal design for learning; (G) provide educators, students, and parents with timely data, disaggregated by each category of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports; (H) be able to identify which students are not making progress toward the State’s academic achievement standards so that educators can provide instructional support and targeted intervention to all students to ensure every student is making progress; (I) measure the annual progress of not less than 95 percent of all students and students in each of the categories of students, as defined in section 1111(b)(3)(A), who are enrolled in each school that is participating in the innovative assessment system and are required to take assessments; (J) generate an annual, summative achievement determination based on annual data for each individual student based on the challenging State academic standards under section 1111(b)(1) and be able to validly and reliably aggregate data from the innovative assessment system for purposes of accountability, consistent with the requirements of section 1111(b)(3), and reporting, consistent with the requirements of section 1111(d); and (K) continue use of the high-quality statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration. (2) A description of how the State educational agency will— (A) identify the distinct purposes for each assessment that is part of the innovative assessment system; (B) provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection; (C) inform parents of students in participating local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented; (D) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability; (E) acclimate students to the innovative assessment system; (F) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D); (G) if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide or with additional local educational agencies in the State’s proposed period of demonstration authority and 2-year extension period, if applicable, including the timeline that explains the process for scaling to statewide implementation by either the end of the State’s proposed period of demonstration authority or the 2-year extension period; (H) gather data, solicit regular feedback from educators and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and (I) report data from the innovative assessment system annually to the Secretary, including— (i) demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State’s demonstration or 2-year extension period, including a description of how— (I) the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies throughout the demonstration period; and (II) by the end of the demonstration authority, the participating local educational agencies, as a group, will be demographically similar to the State as a whole; (ii) performance of all participating students and for each category of students, as defined in section 1111(b)(3)(A), on the innovative assessment, consistent with the requirements in section 1111(d); (iii) performance of all participating students in relation to at least one other valid and reliable indicator of quality, success, or student supports, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV); (iv) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and (v) if such system is not statewide, a description of the State’s progress in scaling up the innovative assessment system to additional local educational agencies during the State’s period of demonstration authority, as described in subparagraph (G). (3) A description of the State educational agency’s plan to— (A) ensure that all students and each of the categories of students, as defined in section 1111(b)(3)(A)— (i) are held to the same high standard as other students in the State; and (ii) receive the instructional support needed to meet challenging State academic standards; (B) ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and (C) hold all participating schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State’s expectations for student achievement. (4) If the innovative assessment system will initially be administered in a subset of local educational agencies— (A) a description of the local educational agencies within the State educational agency that will participate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration period; (B) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; and (C) a description of how the State will— (i) ensure that the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies throughout the demonstration authority; and (ii) ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of the State’s period of demonstration authority. (d) Peer review The Secretary shall— (1) implement a peer review process to inform— (A) the awarding of the demonstration authority under this section and the approval to operate the system for the purposes of paragraphs (2) and (3) of section 1111(b), as described in subsection (h) of this section; and (B) determinations about whether the innovative assessment system— (i) is comparable to the State assessments under section 1111(b)(2)(B)(v)(I), valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and (ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(b)(3)(B)(i) for all students; (2) ensure that the peer review team is comprised of practitioners and experts who are knowledgeable about the innovative assessment being proposed for all students, including— (A) individuals with past experience developing systems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and (B) individuals with experience implementing innovative State assessment and accountability systems; (3) make publicly available the applications submitted under subsection (c) and the peer review comments and recommendations regarding such applications; (4) make a determination and inform the State regarding approval or disapproval of the application not later than 90 days after receipt of the complete application; (5) offer a State the opportunity to revise and resubmit its application within 60 days of a disapproval determination under paragraph (4) to allow the State to submit additional evidence that the State’s application meets the requirements of subjection (c); and (6) make a determination regarding application approval or disapproval of a resubmitted application under paragraph (5) not later than 45 days after receipt of the resubmitted application. (e) Extension The Secretary may extend an authorization of demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency’s innovative assessment system is continuing to meet the requirements of subsection (c), including— (1) demonstrating capacity to transition to statewide use by the end of a 2-year extension period; and (2) demonstrating that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of a 2-year extension period. (f) Use of innovative assessment system A State may, during its approved demonstration period or 2-year extension period, include results from the innovative assessment systems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, those from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements in subsection (c). The State shall continue to meet all other requirements of section 1111(b)(3). (g) Authority withdrawn The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and any participating local educational agency or the State as a whole shall return to the statewide assessment system under section 1111(b)(2) if, at any point during a State’s approved period of demonstration or 2-year extension period, the State educational agency cannot present to the Secretary a body of substantial evidence that the innovative assessment system developed under this section— (1) meets requirements of subsection (c); (2) includes all students attending schools participating in the demonstration authority, including each of the categories of students, as defined in section 1111(b)(3)(A), in the innovative assessment system demonstration; (3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(b)(3)(B)(i) for all students, which are comparable to determinations under section 1111(b)(3)(B)(iii) across the State in which the local educational agencies are located; (4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the State’s approved demonstration period and 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and (5) is comparable to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality. (h) Transition (1) In general If, after a State’s approved demonstration and extension period, the State educational agency has met all the requirements of this section, including having scaled the system up to statewide use, and demonstrated that such system is of high quality, the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of paragraphs (2) and (3) of section 1111(b). Such system shall be deemed of high quality if the Secretary, through the peer review process described in subsection (d), determines that the system has— (A) met all of the requirements of this section; (B) demonstrated progress for all students, including each of the categories of students defined in section 1111(b)(3)(A), in relation to such measures as— (i) increasing student achievement and academic outcomes; (ii) increasing the 4-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate for high schools; (iii) increasing retention rates of students in school; and (iv) increasing rates of remediation at institutions of higher education for participating students; (C) demonstrated progress in relation to at least one other valid and reliable indicator of quality, success, or student supports, such as those reported annually by the State in accordance with section 1111(b)(3)(B)(ii)(IV); (D) provided coherent and timely information about student attainment of the State’s challenging academic standards, including objective measurement of academic achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards; (E) solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and (F) demonstrated that the same system of assessments was used to measure the achievement of all students, and at least 95 percent of such students overall and in each of the categories of students, as defined in section 1111(b)(3)(A), were assessed under the innovative assessment system. (2) Baseline For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year of implementation of the innovative assessment system for each local educational agency. (3) Waiver authority If, at the conclusion of the State’s approved demonstration and extension period, the State has met all of the requirements of this section, except transition to full statewide use for States that will initially administer an innovative assessment system in a subset of local educational agencies, and continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use in a reasonable period of time, the State may request, and the Secretary shall review such request, a delay of the withdrawal of authority under subsection (g) for the purpose of providing the State time necessary to implement the innovative assessment system statewide. (i) Available funds A State may use funds available under section 1201 to carry out this section. (j) Rule of construction A consortium of States may apply to participate in the program of demonstration authority under this section and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority. (k) Dissemination of best practices (1) In general Following the publication of the progress report described in subsection (b)(3)(C), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including— (A) the development of summative assessments that meet the requirements of section 1111(b)(2)(B), are comparable with statewide assessments, and include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging academic standards; (B) the development of effective supports for local educational agencies and school staff to implement innovative assessment systems; (C) the development of effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development; (D) the development of effective supports for all students, particularly each of the categories of students, as defined in section 1111(b)(3)(A), participating in the innovative assessment systems; and (E) the development of standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across local educational agencies and the State. (2) Publication The Secretary shall make the information described in paragraph (1) available to the public on the website of the Department and shall publish an update to the information not less often than once every 3 years. . 1013. Education of migratory children Part C of title I ( 20 U.S.C. 6391 et seq. ) is amended— (1) in section 1301— (A) in paragraph (2), by striking State academic content and student academic achievement standards and inserting challenging State academic standards ; (B) in paragraph (4), by striking State academic content and student academic achievement standards and inserting State academic standards ; and (C) in paragraph (5), by inserting without the need for postsecondary remediation after employment ; (2) in section 1303— (A) by striking subsection (a) and inserting the following: (a) State allocations (1) Base amount (A) In general Except as provided in subsection (b) and subparagraph (B), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2016 and succeeding fiscal years, an amount equal to— (i) the amount that such State received under this part for fiscal year 2002; plus (ii) the amount allocated to the State under paragraph (2). (B) Nonparticipating states In the case of a State (other than the Commonwealth of Puerto Rico) that did not receive any funds for fiscal year 2002 under this part, the State shall receive, for fiscal year 2016 and succeeding fiscal years, an amount equal to— (i) the amount that such State would have received under this part for fiscal year 2002 if its application under section 1304 for the year had been approved; plus (ii) the amount allocated to the State under paragraph (2). (2) Allocation of additional amount For fiscal year 2016 and succeeding fiscal years, the amount (if any) by which the funds appropriated to carry out this part for the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto Rico) so that the State receives an amount equal to— (A) the sum of— (i) the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and (ii) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during such year; multiplied by (B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph may not be less than 32 percent, or more than 48 percent, of the average per-pupil expenditure in the United States. ; (B) in subsection (b), by striking paragraph (2) and inserting the following: (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85.0 percent. ; (C) in subsection (c)— (i) in paragraph (1)— (I) by striking (A) If, after and inserting the following: (A) In general If, after ; and (II) in subparagraph (B)— (aa) by striking If additional and inserting Reallocation.— If additional ; and (bb) by moving the margins of such subparagraph 2 ems to the right; and (ii) in paragraph (2)— (I) by striking (A) The Secretary and inserting the following: (A) Further reductions The Secretary ; and (II) in subparagraph (B)— (aa) by striking The Secretary and inserting Reallocation.— The Secretary ; and (bb) by moving the margins of such subparagraph 2 ems to the right; and (D) in subsection (d)(3)(B), by striking welfare or educational attainment and inserting academic achievement ; and (E) in subsection (e)— (i) in the matter preceding paragraph (1), by striking estimated and inserting identified ; and (ii) by striking the Secretary shall and all that follows through the period at the end and inserting the Secretary shall use such information as the Secretary finds most accurately reflects the actual number of migratory children. ; (3) in section 1304— (A) in subsection (b)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A)— (aa) by striking special educational needs and inserting unique educational needs ; and (bb) by inserting and out-of-school migratory children after including preschool migratory children ; (II) in subparagraph (B), by striking part A or B of title III and inserting part A of title III ; and (III) by striking subparagraph (D) and inserting the following: (D) measurable program objectives and outcomes; ; (ii) in paragraph (2), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; (iii) in paragraph (3), by striking , consistent with procedures the Secretary may require, ; (iv) in paragraph (5), by inserting and after the semicolon; (v) by striking paragraph (6); and (vi) by redesignating paragraph (7) as paragraph (6); (B) in subsection (c)— (i) in the matter preceding paragraph (1), by striking , satisfactory to the Secretary, ; (ii) in paragraph (2), by striking in a manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of section 1120A, and part I and inserting in a manner consistent with the objectives of section 1113(c), paragraphs (3) and (4) of section 1113(d), subsections (b) and (c) of section 1117, and part E ; (iii) in paragraph (3)— (I) in the matter before subparagraph (A), by striking parent advisory councils and inserting parents of migratory children, including parent advisory councils ; and (II) by striking section 1118 and inserting section 1115 ; (iv) in paragraph (4), by inserting and out-of-school migratory children after addressing the unmet educational needs of preschool migratory children ; (v) in paragraph (6)— (I) by striking to the extent feasible, ; (II) by striking subparagraph (C) and inserting the following: (C) evidence-based family literacy programs; ; and (III) in subparagraph (E), by inserting , without the need for postsecondary remediation after employment ; and (vi) in paragraph (7), by striking paragraphs (1)(A) and (2)(B)(i) of section 1303(a), through such procedures as the Secretary may require and inserting section 1303(a)(2)(A) ; (C) by striking subsection (d) and inserting the following: (d) Priority for services In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who— (1) are failing, or most at risk of failing, to meet the challenging State academic standards; or (2) have dropped out of school. ; and (D) in subsection (e)(3), by striking secondary school students and inserting students ; (4) in section 1305(b), by inserting , to the extent practicable, after may ; (5) in section 1306— (A) in subsection (a)(1)— (i) by striking special both places the term appears and inserting unique ; (ii) in subparagraph (C), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and (iii) in subparagraph (F), by striking or B ; and (B) in subsection (b)(4)— (i) by striking special and inserting unique ; and (ii) by striking section 1114 each place the term appears and inserting section 1113(c) ; (6) in section 1307— (A) in the matter preceding paragraph (1), by striking nonprofit ; and (B) in paragraph (3), by striking welfare or educational attainment and inserting educational achievement ; (7) in section 1308— (A) in subsection (a)(1), by inserting through after including ; and (B) in subsection (b)— (i) in paragraph (1), by striking developing effective methods for ; (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) in the matter preceding clause (i), in the first sentence— (AA) by striking ensure the linkage of migrant student and inserting maintain ; (BB) by striking systems and inserting system ; (CC) by inserting within and before among the States ; and (DD) by striking all migratory students and inserting all migratory children eligible under this part ; (bb) in the matter preceding clause (i), by striking The Secretary shall ensure and all that follows through maintain. ; (cc) in the matter preceding clause (i), by striking Such elements and inserting Such information ; and (dd) in clause (ii), by striking required ; (II) by redesignating subparagraph (B) as subparagraph (C); (III) by inserting after subparagraph (A) the following: (B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— (i) the effectiveness of the system described in subparagraph (A); and (ii) the ongoing improvement of such system. ; and (IV) in subparagraph (C), as redesignated by subclause (II)— (aa) by striking the proposed data elements and inserting any new proposed data elements ; and (bb) by striking Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001. ; and (iii) by striking paragraph (4); and (8) in section 1309— (A) in paragraph (1)(B), by striking nonprofit ; and (B) by striking paragraph (2) and inserting the following: (2) Migratory agricultural worker The term migratory agricultural worker means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought new employment and has a recent history of moves for agricultural employment. (3) Migratory child The term migratory child means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (4) Migratory fisher The term migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought new employment and has a recent history of moves for fishing work. (5) Qualifying move The term qualifying move means a move due to economic necessity— (A) from one residence to another residence; and (B) from one school district to another school district, except— (i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; (ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence to engage in a fishing activity; or (iii) in a case in which another exception applies, as defined by the Secretary. . 1014. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Part D of title I ( 20 U.S.C. 6421 et seq. ) is amended— (1) in section 1401(a)— (A) in paragraph (1)— (i) by inserting , tribal, after youth in local ; and (ii) by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and (B) in paragraph (3), by inserting and the involvement of their families and communities after to ensure their continued education ; (2) in section 1412(b), by striking paragraph (2) and inserting the following: (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. ; (3) in section 1414— (A) in subsection (a)— (i) in paragraph (1)(B), by striking from correctional facilities to locally operated programs and inserting between correctional facilities and locally operated programs ; and (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) by striking the program goals, objectives, and performance measures established by the State and inserting the program objectives and outcomes established by the State ; and (bb) by striking vocational and inserting career ; (II) in subparagraph (B), by striking and after the semicolon; (III) in subparagraph (C)— (aa) in clause (i), by inserting and after the semicolon; (bb) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (cc) by striking clause (iv); and (IV) by adding at the end the following: (D) provide assurances that the State educational agency has established— (i) procedures to ensure the prompt re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and (ii) opportunities for such students to participate in higher education or career pathways. ; and (B) in subsection (c)— (i) in paragraph (1)— (I) by inserting and respond to after to assess ; and (II) by inserting and, to the extent practicable, provide for an assessment upon entry into a correctional facility after to be served under this subpart ; (ii) in paragraph (6)— (I) by striking carry out the evaluation requirements of section 9601 and how and inserting use ; (II) by inserting under section 9601 after recent evaluation ; and (III) by striking will be used ; (iii) in paragraph (8)— (I) by striking vocational and inserting career ; and (II) by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act ; (iv) in paragraph (9)— (I) by inserting and following after youth prior to ; and (II) by inserting and, to the extent practicable, to ensure that transition plans are in place after the local educational agency or alternative education program ; (v) in paragraph (11), by striking transition of children and youth from such facility or institution to and inserting transition of such children and youth between such facility or institution and ; (vi) in paragraph (16), by inserting and obtain a high school diploma after to encourage the children and youth to reenter school ; (vii) in paragraph (17), by inserting certified or licensed after provides an assurance that ; (viii) in paragraph (18), by striking and after the semicolon; (ix) in paragraph (19), by striking the period at the end and inserting ; and ; and (x) by adding at the end the following: (20) describes how the State agency will, to the extent feasible, identify youth who have come in contact with both the child welfare system and juvenile justice system and improve practices and expand the evidence-based intervention services to reduce school suspensions, expulsions, and referrals to law enforcement. ; (4) in section 1415— (A) in subsection (a)— (i) in paragraph (1)(B)— (I) by inserting , without the need for remediation, after transition ; and (II) by striking vocational or technical training and inserting career and technical education ; and (ii) in paragraph (2)— (I) by striking subparagraph (A), and inserting the following: (A) may include— (i) the acquisition of equipment; (ii) pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; and (iii) providing targeted, evidence-based services for youth who have come in contact with both the child welfare system and juvenile justice system; ; (II) in subparagraph (B)— (aa) in clause (i), by striking content standards and student academic achievement ; and (bb) in clause (iii)— (AA) by striking challenging State academic achievement standards and inserting challenging State academic standards ; and (BB) by inserting and after the semicolon; (III) in subparagraph (C)— (aa) by striking section 1120A and inserting section 1117 ; and (bb) by striking ; and and inserting a period; and (IV) by striking subparagraph (D); and (B) in subsection (b), by striking section 1120A and inserting section 1117 ; (5) in section 1416— (A) in paragraph (3)— (i) by striking challenging State academic content standards and student academic achievement standards and inserting challenging State academic standards ; and (ii) by striking complete secondary school, attain a secondary diploma and inserting attain a high school diploma ; (B) in paragraph (4)— (i) by striking pupil and inserting specialized instructional support ; and (ii) by inserting and, to the extent practicable, the development and implementation of transition plans after children and youth described in paragraph (1) ; and (C) in paragraph (6), by striking student progress and inserting and improve student achievement ; (6) in section 1418(a)— (A) by striking paragraph (1) and inserting the following: (1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or ; and (B) in paragraph (2)— (i) by striking vocational each place the term appears and inserting career ; and (ii) in the matter preceding subparagraph (A)— (I) by striking secondary and inserting high ; and (II) by inserting , without the need for remediation, after reentry ; (7) in section 1419, by striking for a fiscal year and all that follows through to provide and inserting for a fiscal year to provide ; (8) in section 1421— (A) in paragraph (1), by inserting , without the need for remediation, after youth ; and (B) in paragraph (3), by inserting , including schools operated or funded by the Bureau of Indian Education, after local schools ; (9) in section 1422(d)— (A) by inserting , which may include the nonacademic needs, after to meet the transitional and academic needs ; and (B) by striking impact on meeting the transitional and inserting impact on meeting such transitional ; (10) in section 1423— (A) in paragraph (2)(B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes after the juvenile justice system ; (B) by striking paragraph (4) and inserting the following: (4) a description of the activities that the local educational agency will carry out to facilitate the successful transition of children and youth in locally operated institutions for neglected and delinquent children and other correctional institutions into schools served by the local educational agency or, as appropriate, into career and technical education and postsecondary education programs; ; (C) in paragraph (8), by inserting and family members after will involve parents ; (D) in paragraph (9)— (i) by striking vocational and inserting career ; and (ii) by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act ; (E) by striking paragraph (11) and inserting the following: (11) as appropriate, a description of how the local educational agency and schools will address the educational needs of children and youth who return from institutions for neglected and delinquent children and youth or from correctional institutions and attend regular or alternative schools; ; and (F) in paragraph (12), by striking participating schools and inserting the local educational agency ; (11) in section 1424— (A) in paragraph (2), by striking , including and all that follows through gang members ; (B) in paragraph (4)— (i) by striking vocational and inserting career ; and (ii) by striking and after the semicolon; and (C) in paragraph (5), by striking the period at the end and inserting a semicolon; and (D) by inserting the following after paragraph (5): (6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and (7) pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal government. ; (12) in section 1425— (A) in paragraph (4)— (i) by inserting and obtain a high school diploma after reenter school ; and (ii) by striking or seek a secondary school diploma or its recognized equivalent ; (B) in paragraph (6), by striking high academic achievement standards and inserting the challenging State academic standards ; (C) in paragraph (9)— (i) by striking vocational and inserting career ; and (ii) by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act ; (D) in paragraph (10), by striking and after the semicolon; (E) in paragraph (11), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (12) to the extent practicable, develop an initial educational services and transition plan for each child or youth served under this subpart upon entry into the correctional facility, in partnership with the child’s or youth’s family members and the local educational agency that most recently provided services to the child or youth (if applicable), consistent with section 1414(a)(1); and (13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. ; (13) in section 1426(2), by striking secondary and inserting high ; (14) in section 1431(a)— (A) by striking secondary each place the term appears and inserting high ; (B) in paragraph (1), by inserting and to graduate from high school in the standard number of years after educational achievement ; and (C) in paragraph (3), by inserting or school operated or funded by the Bureau of Indian Education after local educational agency ; and (15) in section 1432(2)— (A) by striking has limited English proficiency and inserting is an English learner ; and (B) by striking or has a high absenteeism rate at school. and inserting has a high absenteeism rate at school, or has other life conditions that make the individual at high risk for dependency or delinquency adjudication. . 1015. General provisions Title I ( 20 U.S.C. 6301 et seq. ) is amended— (1) by striking parts E, F, G, and H; (2) by redesignating part I as part E; (3) by striking sections 1907 and 1908; (4) by redesignating sections 1901, 1902, 1903, 1905, and 1906 as sections 1501, 1502, 1503, 1504, and 1505, respectively; (5) in section 1501, as redesignated by paragraph (4)— (A) in subsection (a), by inserting , in accordance with subsections (b) through (d), after may issue ; (B) in subsection (b)— (i) in paragraph (1), by inserting principals, other school leaders (including charter school leaders), after teachers, ; (ii) in paragraph (2), by adding at the end the following: All information from such regional meetings and electronic exchanges shall be made public in an easily accessible manner to interested parties. ; (iii) in paragraph (3)(A), by striking standards and assessments and inserting standards, assessments, the State accountability system under section 1111(b)(3), school intervention and support under section 1114, and the requirement that funds be supplemented and not supplanted under section 1117; ; (iv) by striking paragraph (4) and inserting the following: (4) Process Such process shall not be subject to the Federal Advisory Committee Act, but shall, unless otherwise provided as described in subsection (c), follow the provisions of the Negotiated Rulemaking Act of 1990 ( 5 U.S.C. 561 et seq. ). ; and (v) by striking paragraph (5) and inserting the following: (5) Emergency situation In an emergency situation in which regulations to carry out this title must be issued within a very limited time to assist State educational agencies and local educational agencies with the operation of a program under this title, the Secretary may issue a proposed regulation without following such process but shall— (A) designate the proposed regulation as an emergency with an explanation of the emergency in a notice provided to Congress; (B) publish the duration of the comment and review period in such notice and in the Federal Register; and (C) conduct regional meetings to review such proposed regulation before issuing any final regulation. ; (C) by redesignating subsection (c) as subsection (d); (D) by inserting after subsection (b) the following: (c) Alternative process if failure To reach consensus If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under paragraph (3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner: (1) Notice to congress Not less than 30 days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— (A) a copy of the regulation to be proposed; (B) a justification of the need to issue a regulation; (C) the anticipated burden, including the time, cost, and paperwork burden, the regulations will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (E) any regulations that will be repealed when the new regulations are issued; and (F) an opportunity to comment on the information in subparagraphs (A) through (E). (2) Comment period for congress The Secretary shall provide Congress with a 15-day period, beginning after the date on which the Secretary provided the notice of any proposed rulemaking to Congress under paragraph (1), to make comments on the proposed rule. After addressing all comments received from Congress during such period, the Secretary may proceed with the rulemaking process under section 553 of title 5, United States Code, as modified by this section. (3) Public comment and review period The public comment and review period for any proposed regulation shall be not less than 90 days unless an emergency requires a shorter period, in which case the Secretary shall comply with the process outlined in subsection (b)(5). (4) Assessment No regulation shall be made final after the comment and review period described in paragraph (3) until the Secretary has published in the Federal Register— (A) an assessment of the proposed regulation that— (i) includes a representative sampling of local educational agencies based on enrollment, geographic diversity (including suburban, urban, and rural local educational agencies), and other factors impacted by the proposed regulation; (ii) addresses the burden, including the time, cost, and paperwork burden, that the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (iii) addresses the benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and (iv) thoroughly addresses, based on the comments received during the comment and review period under paragraph (3), whether the rule is financially and operationally viable at the local level; and (B) an explanation of how the entities described in subparagraph (A)(ii) may cover the cost of the burden assessed under such subparagraph. ; and (E) by inserting after subsection (d), as redesignated by subparagraph (C), the following: (e) Rule of construction Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) or chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act ). ; (6) in section 1502(a), as redesignated by paragraph (4)— (A) by striking section 1901 and inserting section 1501 ; and (B) by striking or provides a written and all that follows through the period at the end and inserting or, where negotiated rulemaking is not pursued, shall conform to section 1501(c). ; and (7) in section 1503, as redesignated by paragraph (4)— (A) in subsection (a)(2), by striking student academic achievement and inserting academic ; and (B) in subsection (b)(2)— (i) in subparagraph (C), by striking , including vocational educators ; (ii) in subparagraph (F), by striking and after the semicolon; and (iii) by striking subparagraph (G) and inserting the following: (G) specialized instructional support personnel; (H) representatives of charter schools, as appropriate; and (I) paraprofessionals. . 1016. Report on subgroup sample size (a) Report Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences shall publish a report on best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of the categories of students, as defined in section 1111(b)(3)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3)(A) ) (as amended by this Act), for the purposes of inclusion as categories of students in an accountability system described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ) (as amended by this Act) and how such minimum number that is determined will not reveal personally identifiable information about students. (b) Public dissemination The Director of the Institute of Education Sciences shall work with the Department of Education’s existing technical assistance providers and dissemination networks to ensure that the report described under subsection (a) is widely disseminated— (1) to the public, State educational agencies, local educational agencies, and schools; and (2) through electronic transfer and other means, such as posting the report on the website of the Institute of Education Sciences or in another relevant place. 1017. Report on implementation of educational stability of children in foster care Not later than 2 years after the date of enactment of this Act, the Secretary of Education and the Secretary of Health and Human Services shall submit to the appropriate committees of Congress a report on the implementation of section 1111(c)(1)(L) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(1)(L) ), including the progress made and the remaining barriers relating to such implementation. 1018. Student privacy policy committee (a) Establishment of a Committee on Student Privacy Policy Not later than 60 days after the date of enactment of this Act, there is established a committee to be known as the Student Privacy Policy Committee (referred to in this section as the Committee ). (b) Membership (1) Composition The Committee shall be composed of— (A) 3 individuals appointed by the Secretary of Education; (B) not less than 8 and not more than 13 individuals appointed by the Comptroller General of the United States, representing— (i) experts in education data and student privacy; (ii) educators and parents; (iii) State and local government officials responsible for managing student information; (iv) education technology leaders in the State or a local educational agency; (v) experts with practical experience dealing with data privacy management at the State or local level; (vi) experts with a background in academia or research in data privacy and education data; and (vii) education technology providers and education data storage providers; and (C) 4 members appointed by— (i) the majority leader of the Senate; (ii) the minority leader of the Senate; (iii) the Speaker of the House of Representatives; and (iv) the minority leader of the House of Representatives. (D) Chairperson The Committee shall select a Chairperson from among its members. (E) Vacancies Any vacancy in the Committee shall not affect the powers of the Committee and shall be filled in the same manner as an initial appointment described in subparagraphs (A) through (C). (c) Meetings The Committee shall hold, at the call of the Chairperson, not less than 5 meetings before completing the study required under subsection (e) and the report required under subsection (f). (d) Personnel Matters (1) Compensation of Members Each member of the Committee shall serve without compensation in addition to any such compensation received for the member's service as an officer or employee of the United States, if applicable. (2) Travel Expenses The members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (e) Duties of the Committee (1) Study The Committee shall conduct a study on the effectiveness of Federal laws and enforcement mechanisms of— (A) student privacy; and (B) parental rights to student information. (2) Recommendations Based on the findings of the study under paragraph (1), the Committee shall develop recommendations addressing issues of student privacy and parental rights and how to improve and enforce Federal laws regarding student privacy and parental rights, including recommendations that— (A) provide or update standard definitions, if needed, for relevant terms related to student privacy, including— (i) education record; (ii) personally identifiable information; (iii) aggregated, de-identified, or anonymized data; (iv) third-party; and (v) educational purpose; (B) identify— (i) which Federal laws should be updated; and (ii) the appropriate Federal enforcement authority to execute the laws identified in clause (i); (C) address the sharing of data in an increasingly technological world, including— (i) evaluations of protections in place for student data when it is used for research purposes; (ii) establishing best practices for any entity that is charged with handling, or that comes into contact with, student education records; (iii) ensuring that identifiable data cannot be used to target students for advertising or marketing purposes; and (iv) establishing best practices for data deletion and minimization; (D) discuss transparency and parental access to personal student information by establishing best practices for— (i) ensuring parental knowledge of any entity that stores or accesses their student's information; (ii) parents to amend, delete, or modify their student's information; and (iii) a central designee in a State or a political subdivision of a State who can oversee transparency and serve as a point of contact for interested parties; (E) establish best practices for the local entities who handle student privacy, which may include professional development for those who come into contact with identifiable data; and (F) discuss how to improve coordination between Federal and State laws. (f) Report Not later than 270 days after the date of enactment of this Act, the Committee shall prepare and submit a report to the Secretary of Education and to Congress containing the findings of the study under subsection (e)(1) and the recommendations developed under subsection (e)(2). 1019. Report on student home access to digital learning resources (a) In general Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education Sciences, in consultation with relevant Federal agencies, shall complete a national study on the educational trends and behaviors associated with access to digital learning resources outside of the classroom, which shall include analysis of extant data and new surveys about students and teachers that provide— (1) a description of the various locations from which students access the Internet and digital learning resources outside of the classroom, including through an after-school or summer program, a library, and at home; (2) a description of the various devices and technology through which students access the Internet and digital learning resources outside of the classroom, including through a computer or mobile device; (3) data associated with the number of students who lack home Internet access, disaggregated by— (A) each of the categories of students, as defined in section 1111(b)(3)(A) of the Elementary and Secondary Education Act of 1965; (B) homeless students and children or youth in foster care; and (C) students in geographically diverse areas, including urban, suburban, and rural areas; (4) data associated with the barriers to students acquiring home Internet access; (5) data associated with the proportion of educators who assign homework or implement innovative learning models that require or are substantially augmented by a student having home Internet access and the frequency of the need for such access; (6) a description of the learning behaviors associated with students who lack home Internet access, including— (A) student participation in the classroom, including the ability to complete homework and participate in innovative learning models; (B) student engagement, through such measures as attendance rates and chronic absenteeism; and (C) a student’s ability to apply for employment, postsecondary education, and financial aid programs; (7) an analysis of the how a student’s lack of home Internet access impacts the instructional practice of educators, including— (A) the extent to which educators alter instructional methods, resources, homework assignments, and curriculum in order to accommodate differing levels of home Internet access; and (B) strategies employed by educators, school leaders, and administrators to address the differing levels of home Internet access among students; and (8) a description of the ways in which State educational agencies, local educational agencies, schools, and other entities, including through partnerships, have developed effective means to provide students with Internet access outside of the school day. (b) Public dissemination The Director of the Institute of Education Sciences shall widely disseminate the findings of the study under this section— (1) in a timely fashion; (2) in a form that is understandable, easily accessible, and publicly available and usable, or adaptable for use in, the improvement of educational practice; (3) through electronic transfer and other means, such as posting, as available, to the website of the Institute of Education Sciences, or the Department of Education; and (4) to all State educational agencies and other recipients of funds under part D of title IV of the Elementary and Secondary Education Act of 1965. (c) Definition of digital learning In this section, the term digital learning — (1) has the meaning given the term in section 5702 of the Elementary and Secondary Education Act of 1965; and (2) includes an educational practice that effectively uses technology to strengthen a student’s learning experience within and outside of the classroom and at home, which may include the use of digital learning content, video, software, and other resources that may be developed, as the Secretary of Education may determine. II High-quality teachers, principals, and other school leaders 2001. Transfer of certain provisions The Act ( 20 U.S.C. 6301 et seq. ) is amended— (1) by redesignating subpart 5 of part C of title II ( 20 U.S.C. 6731 et seq. ) as subpart 3 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to the end of part F of title IX; (2) by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively; (3) in section 9546(b), as redesignated by paragraph (2), by striking the matter following paragraph (2) and inserting the following: (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. ; (4) by redesignating subpart 4 of part D of title II as subpart 4 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to follow subpart 3 of part F of title IX, as redesignated and moved by paragraph (1); (5) by redesignating section 2441 as section 9551; and (6) by striking the subpart heading of subpart 4 of part F of title IX, as redesignated by paragraph (4), and inserting the following: 4 Internet safety . 2002. Preparing, training, and recruiting high-quality teachers, principals, and other school leaders The Act ( 20 U.S.C. 6301 et seq. ) is amended by striking title II (as amended by section 2001) and inserting the following: II Preparing, training, and recruiting high-quality teachers, principals, and other school leaders 2001. Purpose The purpose of this title is to improve student academic achievement by— (1) increasing the ability of local educational agencies, schools, teachers, principals, and other school leaders to provide a well-rounded and complete education for all students; (2) improving the quality and effectiveness of teachers, principals, and other school leaders; (3) increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and (4) ensuring that low-income and minority students are served by effective teachers, principals, and other school leaders and have access to a high-quality instructional program. 2002. Definitions In this title: (1) School leader residency program The term school leader residency program means a school-based principal, school leader, or principal and school leader preparation program in which a prospective principal or school leader— (A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and (B) during that academic year— (i) participates in evidence-based coursework that is integrated with the clinical residency experience; and (ii) receives ongoing support from a mentor principal or school leader who is effective. (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) Teacher residency program The term teacher residency program means a school-based teacher preparation program in which a prospective teacher— (A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A (if applicable), who is the teacher of record for the classroom; (B) receives concurrent instruction during the year described in subparagraph (A)— (i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and (ii) in the teaching of the content area in which the teacher will become certified or licensed; and (C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment. 2003. Authorization of appropriations (a) Grants to States and local educational agencies For the purposes of carrying out part A (other than section 2105), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (b) National activities For the purposes of carrying out activities authorized under section 2105, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (c) Teacher and school leader incentive program For the purposes of carrying out part B, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (d) American history and civics education For the purposes of carrying out part C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (e) Literacy education for all, results for the nation For the purposes of carrying out part D, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. (f) STEM instruction and student achievement For the purposes of carrying out part E, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2016 through 2021. A Fund for the improvement of teaching and learning 2101. Formula grants to States (a) Reservation of funds From the total amount appropriated under section 2003(a) for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and (2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) Hold harmless (A) Fiscal years 2016 through 2021 For each of fiscal years 2016 through 2021, subject to paragraph (2) and subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under— (i) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and (ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554 ). (B) Ratable reduction If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. (C) Percentage reduction For each of fiscal years 2016 through 2021, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2015. (2) Allotment of additional funds (A) In General Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of— (i) an amount that bears the same relationship to 20 percent of the excess amount as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) an amount that bears the same relationship to 80 percent of the excess amount as the number of individuals age 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year. (3) Fiscal year 2022 and succeeding fiscal years For fiscal year 2022 and each of the succeeding fiscal years, the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection (a) to each State in accordance with paragraph (2). (4) Reallotment If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. (c) State use of funds (1) In general Except as provided for under paragraph (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part. (3) Principals and other school leaders Notwithstanding paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph (1) for activities for principals and other school leaders described in paragraph (4), if such reservation would not result in a lower allocation to local educational agencies under section 2102, as compared to such allocation for the preceding fiscal year. (4) State activities (A) In general The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education. (B) Types of State activities The activities described in this subparagraph are the following: (i) Reforming teacher, principal, and other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that— (I) teachers have the necessary subject-matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards described in section 1111(b)(1); (II) principals and other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and (III) teacher certification or licensing requirements are aligned with such challenging State academic standards. (ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, and other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders, such as by— (I) developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; (II) developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and (III) developing a system for auditing the quality of evaluation and support systems. (iii) Improving equitable access to effective teachers, principals, and other school leaders. (iv) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State demonstrates a shortage of educators), principals, and other school leaders, for— (I) individuals with a baccalaureate or master’s degree, or other advanced degree; (II) mid-career professionals from other occupations; (III) paraprofessionals; (IV) former military personnel; and (V) recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become highly effective teachers, principals, or other school leaders. (v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, and other school leaders who are effective in improving student academic achievement, including highly effective teachers from underrepresented minority groups and teachers with disabilities, such as through— (I) opportunities for a cadre of effective teachers to lead evidence-based professional development for their peers; (II) career opportunities for teachers to grow as leaders, including hybrid roles that allow teachers to voluntarily serve as mentors or academic coaches while remaining in the classroom; and (III) providing training and support for teacher leaders and school leaders who are recruited as part of instructional leadership teams. (vi) Fulfilling the State educational agency’s responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (vii) Developing, or assisting local educational agencies in developing— (I) teacher advancement initiatives that promote professional growth and emphasize multiple career paths, such as school leadership, mentoring, involvement with school intervention and support, and instructional coaching; (II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and (III) new teacher, principal, and other school leader induction and mentoring programs that are evidence-based and designed to— (aa) improve classroom instruction and student learning and achievement; (bb) increase the retention of effective teachers, principals, and other school leaders; (cc) improve school leadership to improve classroom instruction and student learning and achievement; and (dd) provide opportunities for teachers, principals, and other school leaders who are experienced, are effective, and have demonstrated an ability to work with adult learners to be mentors. (viii) Providing assistance to local educational agencies for— (I) the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards described in section 1111(b)(1); and (II) the development and support of other school leadership programs to develop educational leaders. (ix) Supporting efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction, which may include blended learning projects that include an element of online learning, combined with supervised learning time and student-led learning, in which the elements are connected to provide an integrated learning experience. (x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part. (xi) Supporting teacher, principal, and other school leader residency programs. (xii) Reforming or improving teacher, principal, and other school leader preparation programs. (xiii) Supporting the instructional services provided by effective school library programs. (xiv) Supporting the instructional services provided by athletic administrators, such as through professional development or relevant State certification or licensure for such administrators. (xv) Developing, or assisting local educational agencies in developing, strategies that provide teachers, principals, and other school leaders with the skills, credentials, or certifications needed to educate all students in postsecondary education coursework through early college high school or dual or concurrent enrollment courses or programs. (xvi) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse. (xvii) Supporting principals, other school leaders, teachers, teacher leaders, paraprofessionals, early childhood education program directors, and other early childhood education program providers to participate in efforts to align and promote quality early learning experiences from prekindergarten through grade 3. (xviii) Developing and providing professional development and instructional materials for science, technology, engineering, and mathematics subjects, including computer science. (xix) Supporting the efforts and professional development of teachers, principals, and other school leaders to integrate academic and career and technical education content into instructional practices, which may include— (I) integrating career and technical education with advanced coursework, such as by allowing the acquisition of postsecondary credits, recognized postsecondary credentials, and industry-based credentials, by students while in high school; or (II) coordinating activities with employers and entities carrying out initiatives under other workforce development programs to identify State and regional workforce needs, such as through the development of State and local plans under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq); (xx) Supporting other activities identified by the State that are evidence-based and that meet the purpose of this title. (xxi) Enabling States, as a consortium, to voluntarily develop a process that allows teachers who are licensed or certified in a participating State to teach in other participating States without completing additional licensure or certification requirements, except that nothing in this clause shall be construed to allow the Secretary to exercise any direction, supervision, or control over State teacher licensing or certification requirements. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents Each plan described under paragraph (1) shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). (B) A description of the State’s system of certification, licensing, and professional growth and improvement, such as clinical experience for prospective educators, support for new educators, professional development, professional growth and leadership opportunities, and compensation systems for teachers, principals, and other educators. (C) A description of how activities under this part are aligned with challenging State academic standards and State assessments under section 1111, which may include, as appropriate, relevant State early learning and developmental guidelines, as required under section 658E(c)(2)(T) of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858c(c)(2)(T) ). (D) A description of how the activities using funds under this part are expected to improve student achievement. (E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, principals, and other school leaders, a description of how such funds will be used to meet the State’s commitment described in section 1111(c)(1)(F) to ensure equitable access to effective teachers, principals, and school leaders. (F) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. (G) An assurance that the State educational agency will work in consultation with the entity responsible for teacher and principal professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession. (H) A description of how the State educational agency will improve the skills of teachers, principals, and other school leaders in order to enable them to identify students with specific learning needs, particularly students with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students. (I) A description of how the State will use data and ongoing consultation with and input from teachers and teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, to continually update and improve the activities supported under this part. (J) A description of actions the State may take to improve preparation programs and strengthen support for principals and other school leaders based on the needs of the State, as identified by the State educational agency. (3) Consultation In developing the State plan under this subsection, a State shall— (A) involve teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; (B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State's activities to meet the purpose of this title; and (C) coordinate the State's activities under this part with other related strategies, programs, and activities being conducted in the State. (e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following: (1) The development, improvement, or implementation of elements of any teacher, principal, or school leader evaluation systems. (2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. (3) Any teacher, principal, or other school leader professional standards, certification, or licensing. 2102. Subgrants to local educational agencies (a) Allocation of funds to local educational agencies (1) In general From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. (3) Administrative costs Of the amounts allocated to a local educational agency under paragraph (2), the local educational agency may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. (4) Rule of construction Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a school locale code of 41, 42, or 43, or such local educational agencies designated with a school locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall conduct a needs assessment described in paragraph (2) and submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency shall periodically conduct a comprehensive needs assessment of the local educational agency and of all schools served by the local educational agency. (B) Requirements The needs assessment under subparagraph (A) shall be designed to determine the schools with the most acute staffing needs related to— (i) increasing the number of teachers, principals, and other school leaders who are effective in improving student academic achievement; (ii) ensuring that low-income and minority students are not disproportionately served by ineffective teachers, principals, and other school leaders; (iii) ensuring that low-income and minority students have access to— (I) a high-quality instructional program (such as opportunities for high-quality postsecondary education coursework through an early college high school or a dual or concurrent enrollment program); and (II) class sizes that are appropriate and evidence-based; (iv) hiring, retention, and advancement and leadership opportunities for effective teachers, principals, and other school leaders; (v) supporting and developing all educators, including preschool, kindergarten, elementary, middle, or high school teachers (including special education and career and technical education teachers), principals, other school leaders, early childhood directors, specialized instructional support personnel, paraprofessionals, or other staff members who provide or directly support instruction; (vi) understanding and using data and assessments to improve student learning and classroom practice; (vii) improving student behavior, including the response of teachers, principals, and other school leaders to student behavior, in the classroom and school, including the identification of early and appropriate interventions, which may include positive behavioral interventions and supports; (viii) teaching students who are English learners, children who are in early childhood education programs, children with disabilities, American Indian children, Alaskan Native children, and gifted and talented students; (ix) ensuring that funds are used to support schools served by the local educational agency that are identified under section 1114(a)(1)(A) and schools with high percentages or numbers of children counted under section 1124(c); (x) improving the academic and non-academic skills of all students that are essential for learning readiness and academic success; and (xi) any other evidence-based factors that the local educational agency determines are appropriate to meet the needs of schools within the jurisdiction of the local educational agency and meet the purpose of this title. (3) Consultation (A) In general In conducting a needs assessment described in paragraph (2), a local educational agency shall— (i) involve teachers, teacher organizations, principals, and other school leaders, specialized instructional support personnel, parents, community partners, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; and (ii) take into account the activities that need to be conducted in order to give teachers, principals, and other school leaders the skills to provide students with the opportunity to meet challenging State academic standards described in section 1111(b)(1). (B) Continued consultation A local educational agency receiving a subgrant under this section shall consult with such individuals and organizations described in subparagraph (A) on an ongoing basis in order to— (i) seek advice regarding how best to improve the local educational agency’s activities to meet the purpose of this title; and (ii) coordinate the local educational agency’s activities under this part with other related strategies, programs, and activities being conducted in the community. (4) Contents of application Each application submitted under paragraph (1) shall be based on the results of the needs assessment required under paragraph (2) and shall include the following: (A) A description of the results of the comprehensive needs assessment carried out under paragraph (2). (B) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with the challenging State academic standards described in section 1111(b)(1). (C) A description of how such activities will comply with the principles of effectiveness described in section 2103(c). (D) A description of the activities, including professional development, that will be made available to meet needs identified by the needs assessment described in paragraph (2). (E) A description of the local educational agency’s systems of hiring and professional growth and improvement, such as induction for teachers, principals, and other school leaders. (F) A description of how the local educational agency will support efforts to train teachers, principals, and other school leaders to effectively integrate technology into curricula and instruction. (G) A description of how the local educational agency will prioritize funds to schools served by the agency that are identified under section 1114(a)(1)(A) and have the highest percentage or number of children counted under section 1124(c). (H) Where a local educational agency has a significant number of schools identified under section 1114(a)(1)(A), as determined by the State, a description of how the local educational agency will seek the input of the State educational agency in planning and implementing activities under this part. (I) A description of how the local educational agency will increase and improve opportunities for meaningful teacher leadership and for building the capacity of teachers. (J) An assurance that the local educational agency will comply with section 9501 (regarding participation by private school children and teachers). (K) An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs. 2103. Local use of funds (a) In general A local educational agency that receives a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive, evidence-based programs and activities described in subsection (b), which may be carried out through a grant or contract with a for-profit or nonprofit entity, in partnership with an institution of higher education, or in partnership with an Indian tribe or tribal organization (as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )). (b) Types of activities The activities described in this subsection— (1) shall meet the needs identified in the needs assessment described in section 2102(b)(2); (2) shall be in accordance with the purpose of this title, evidence-based, and consistent with the principles of effectiveness described in subsection (c); (3) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and (4) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, and other school leaders that is based in part on evidence of student achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, and other schools leaders; (B) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers, principals, and other school leaders, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards described in section 1111(b)(1), to improve within-district equity in the distribution of teachers, principals, and school leaders consistent with the requirements of section 1111(c)(1)(F), such as initiatives that provide— (i) expert help in screening candidates and enabling early hiring; (ii) differential and incentive pay for teachers, principals, and other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; (iii) teacher, paraprofessional, principal, and other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths and pay differentiation; (iv) new teacher, principal, and other school leader induction and mentoring programs that are designed to— (I) improve classroom instruction and student learning and achievement; (II) increase the retention of effective teachers, principals, and other school leaders; (III) improve school leadership to improve classroom instruction and student learning and achievement; and (IV) provide opportunities for mentor teachers, principals, and other educators who are experienced, are effective, and have demonstrated an ability to work with adult learners; (v) the development and provision of training for school leaders, coaches, mentors and evaluators on how to accurately differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and (vi) a system for auditing the quality of evaluation and support systems; (C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with a record of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders; (D) reducing class size to an evidence-based level to improve student achievement through the recruiting and hiring of additional effective teachers; (E) providing high-quality, personalized professional development for teachers, instructional leadership teams, principals, and other school leaders, focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, and other school leaders to— (i) effectively integrate technology into curricula and instruction (including education about the harms of copyright piracy); (ii) use data from such technology to improve student achievement; (iii) effectively engage parents, families and community partners, and coordinate services between school and community; (iv) help all students develop the academic and nonacademic skills essential for learning readiness and academic success; and (v) develop policy with school, local educational agency, community, or State leaders; (F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, and students who are English learners, so that such children with disabilities and students who are English learners can meet the challenging State academic standards described in section 1111(b)(1); (G) providing programs and activities to increase— (i) the knowledge base of teachers, principals, and other school leaders on instruction in the early grades and on strategies to measure whether young children are progressing; and (ii) the ability of principals and other school leaders to support teachers, teacher leaders, early childhood educators, and other professionals to meet the needs of students through age 8, which may include providing joint professional learning and planning activities for school staff and educators in preschool programs that address the transition to elementary school; (H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers and school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate; (I) supporting teacher, principal, and school leader residency programs; (J) reforming or improving teacher, principal, and other school leader preparation programs; (K) carrying out in-service training for school personnel in— (i) the techniques and supports needed for early identification of children with trauma histories, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; and (iii) forming partnerships between school-based mental health programs and public or private mental health organizations; (L) providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as— (i) early entrance to kindergarten; (ii) enrichment, acceleration, and curriculum compacting activities; and (iii) dual or concurrent enrollment in secondary school and postsecondary education; (M) supporting the instructional services provided by effective school library programs; (N) providing general liability insurance coverage for teachers related to actions performed in the scope of their duties; (O) providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse; (P) developing and providing professional development and instructional materials for science, technology, engineering, and mathematics subjects, including computer science; (Q) providing training for teachers, principals, and other school leaders to address school climate issues such as school violence, bullying, harassment, drug and alcohol use and abuse, and rates of chronic absenteeism (including both excused and unexcused absences); (R) increasing time for common planning, within and across content areas and grade levels; (S) increasing opportunities for teacher-designed and implemented professional development activities, which may include opportunities for experiential learning through observation; (T) developing feedback mechanisms to improve school working conditions; (U) providing high-quality professional development for teachers, principals, and other school leaders on effective strategies to integrate rigorous academic content, career and technical education, and work-based learning, if appropriate, which may include providing common planning time, to help prepare students for postsecondary education and the workforce without the need for remediation; (V) providing educator training to increase students' entrepreneurship skills; and (W) regularly conducting, and publicly reporting the results of, an assessment and a plan to address such results, of educator support and working conditions that— (i) evaluates supports for teachers, leaders, and other school personnel, such as— (I) teacher and principal perceptions of availability of high-quality professional development and instructional materials; (II) timely availability of data on student academic achievement and growth; (III) the presence of high-quality instructional leadership; and (IV) opportunities for professional growth, such as career ladders and mentoring and induction programs; (ii) evaluates working conditions for teachers, leaders and other school personnel, such as— (I) school safety and climate; (II) availability and use of common planning time and opportunities to collaborate; and (III) community engagement; and (iii) is developed with teachers, leaders, other school personnel, parents, students, and the community; and (X) carrying out other evidence-based activities identified by the local educational agency that meet the purpose of this title. (c) Principles of effectiveness (1) In general For a program or activity supported with funds provided under this part to meet principles of effectiveness, such program or activity shall— (A) be based on an assessment of objective data regarding the need for programs and activities in the schools to be served to— (i) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement; (ii) ensure that low-income and minority students are served by effective teachers, principals, and other school leaders; and (iii) ensure that low-income and minority students have access to a high-quality instructional program; (B) be based on established and evidence-based criteria— (i) aimed at ensuring that all students receive a high-quality education taught by effective teachers and attend schools led by effective principals and other school leaders; and (ii) that result in improved student academic achievement in the school served by the program or activity; and (C) include meaningful and ongoing consultation with and input from teachers, teacher organizations, principals, other school leaders, specialized instructional support personnel, parents, community partners, and (where applicable) institutions of higher education, in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general A program or activity carried out under this section shall undergo a periodic evaluation to assess its progress toward achieving the goal of providing students with a high-quality education, taught by effective teachers, in schools led by effective principals and school leaders that results in improved student academic achievement. (B) Use of results The results of an evaluation described in subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the criteria described in paragraph (1)(B); and (ii) made available to the public upon request, with public notice of such availability provided. (3) Prohibition Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control the principles of effectiveness developed by local educational agencies under paragraph (1) or the specific programs or activities that will be implemented by a local educational agency. 2104. Reporting (a) State report Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides— (1) the number and percentage of teachers, principals, and other school leaders in the State and each local educational agency in the State who are licensed or certified, provided such information does not reveal personally identifiable information; (2) the first-time passing rate of teachers and principals in the State and each local educational agency in the State on teacher and principal licensure examinations, provided such information does not reveal personally identifiable information; (3) a description of how chosen professional development activities improved teacher and principal performance; and (4) if funds are used under this part to improve equitable access to teachers, principals, and other school leaders for low-income and minority students, a description of how funds have been used to improve such access. (b) Local educational agency report Each local educational agency receiving funds under this part shall submit to the State educational agency such information as the State requires, which shall include the information described in subsection (a) for the local educational agency. (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. (d) Limitation The reports and information provided under subsections (a) and (b) shall not reveal personally identifiable information about any individual. 2105. National activities of demonstrated effectiveness (a) In general From the funds appropriated under section 2003(b) to carry out this section, the Secretary— (1) shall reserve such funds as are necessary to carry out activities under subsection (b); (2) shall reserve not less than 40 percent of the funds appropriated under such section to carry out activities under subsection (c); and (3) shall reserve not less than 40 percent of such funds to carry out activities under subsection (d). (b) Technical assistance and national evaluation From the funds reserved by the Secretary under subsection (a)(1), the Secretary— (1) shall establish, in a manner consistent with section 203 of the Educational Technical Assistance Act of 2002, a comprehensive center on students at risk of not attaining full literacy skills due to a disability, which shall— (A) identify or develop free or low-cost evidence-based assessment tools for identifying students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading and writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning; (B) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students; (C) provide families of such students with information to assist such students; (D) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to— (i) understand early indicators of students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading and writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning; (ii) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and (iii) implement evidence-based instruction designed to meet the specific needs of such students; and (E) disseminate the products of the comprehensive center to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002; and (2) may— (A) provide technical assistance, which may be carried out directly or through grants or contracts, to States and local educational agencies carrying out activities under this part; and (B) carry out evaluations of activities by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences. (c) Programs of national significance (1) In general From the funds reserved by the Secretary under subsection (a)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (A) providing teachers, principals, and other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies; (B) providing evidence-based professional development activities that addresses literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve; (C) providing teachers, principals, and other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through dual or concurrent enrollment and early college high school settings across a local educational agency. (D) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or (E) providing teachers, principals, and other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential. (2) Program periods and diversity of projects (A) In general A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period. (C) Diversity of projects In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (D) Limitation The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition. (3) Cost-sharing (A) In general An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection. (B) Acceptable contributions An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. (C) Waivers The Secretary may waive or modify the requirement of subparagraph (A) in cases of demonstrated financial hardship. (4) Applications In order to receive a grant under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents. (5) Definition of eligible entity In this subsection, the term eligible entity means— (A) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation; (B) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, and other school leaders; or (C) a partnership consisting of— (i) 1 or more entities described in subparagraph (A) or (B); and (ii) a for-profit entity. (d) School leader recruitment and support programs (1) In general From the funds reserved by the Secretary under subsection (a)(3), the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals and other school leaders in high-need schools, which may include— (A) developing or implementing leadership training programs designed to prepare and support principals and other school leaders in high-need schools, including through new or alternative pathways and school leader residency programs; (B) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals and other school leaders to serve in high-need schools; (C) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools identified for intervention and support under section 1114(a)(1)(A), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning; (D) providing continuous professional development for principals and other school leaders in high-need schools; (E) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools, such as training and supporting principals to identify, develop, and maintain school leadership teams using various leadership models; and (F) other evidence-based programs or activities described in section 2101(c)(3) or section 2103(b)(4) focused on principals and other school leaders in high-need schools. (2) Program periods and diversity of projects (A) In general A grant awarded by the Secretary to an eligible entity under this subsection shall be for a period of not more than 5 years. (B) Renewal The Secretary may renew a grant awarded under this subsection for 1 additional 2-year period. (C) Diversity of projects In awarding grants under this subsection, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (D) Limitation The Secretary shall not award more than 1 grant under this subsection to an eligible entity during a grant competition. (3) Cost-sharing (A) In general An eligible entity that receives a grant under this subsection shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this subsection. (B) Acceptable contributions An eligible entity that receives a grant under this subsection may meet the requirement of subparagraph (A) by providing contributions in cash or in-kind, fairly evaluated, including plant, equipment, and services. (C) Waivers The Secretary may waive or modify the requirement of subparagraph (A) in cases of demonstrated financial hardship. (4) Applications An eligible entity that desires a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. (5) Priority In awarding grants under this subsection, the Secretary shall give priority to an eligible entity with a record of preparing or developing principals who— (A) have improved school-level student outcomes; (B) have become principals in high-need schools; and (C) remain principals in high-need schools for multiple years. (6) Definitions In this subsection— (A) the term eligible entity means— (i) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies; (ii) a State educational agency or a consortium of such agencies; (iii) a State educational agency in partnership with 1 or more local educational agencies or educational service agencies that serve a high-need school; or (iv) an entity described in clause (i), (ii), or (iii) in partnership with 1 or more nonprofit organizations or institutions of higher education; and (B) the term high-need school means— (i) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or (ii) a high school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line. 2106. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part. B Teacher and school leader incentive program 2201. Purposes; definitions (a) Purposes The purposes of this part are— (1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders (especially for teachers, principals, and other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and (2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, and other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. (b) Definitions In this part: (1) Eligible entity The term eligible entity means— (A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies; (B) a State educational agency or other State agency designated by the chief executive of a State to participate under this part; or (C) a partnership consisting of— (i) 1 or more agencies described in subparagraph (A) or (B); and (ii) at least 1 nonprofit or for-profit entity. (2) High-need school The term high-need school means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more. (3) Human capital management system The term human capital management system means a system— (A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and (B) that includes a performance-based compensation system. (4) Performance-based compensation system The term performance-based compensation system means a system of compensation for teachers, principals, and other school leaders that— (A) differentiates levels of compensation based in part on measurable increases in student academic achievement; and (B) may include— (i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, and other school leaders in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers, principals, and other school leaders as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and (II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills. 2202. Teacher and school leader incentive fund grants (a) Grants authorized From the amounts appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity. (b) Duration of grants (1) In general A grant awarded under this part shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this part for a period of up to 2 years if the grantee demonstrates to the Secretary that the grantee is effectively utilizing funds. Such renewal may include allowing the grantee to scale up or replicate the successful program. (3) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this part only twice, as of the date of enactment of the Every Child Achieves Act of 2015. (c) Applications An eligible entity desiring a grant under this part shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include— (1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant; (2) a description of the most pressing gaps or insufficiencies in student access to effective teachers and school leaders in high-need schools, including gaps or inequities in how effective teachers and school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems, and other school-level factors; (3) a description and evidence of the support and commitment from teachers, principals, and other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, and other school leaders), the community, and the local educational agency to the activities proposed under the grant; (4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, school leader, and student performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made; (5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (6) a description of the quality of teachers, principals, and other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the quality of teachers, principals, and other school leaders in a high-need school; (7) a description of how the eligible entity will use grant funds under this part in each year of the grant, including a timeline for implementation of such activities; (8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends; (9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant at the end of the grant period; (10) a description of— (A) the rationale for the project; (B) how the proposed activities are evidence-based; and (C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and (11) a description of how activities funded under this part will be evaluated, monitored, and publically reported. (d) Award basis (1) Priority In awarding a grant under this part, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers, principals, and other school leaders serving in high-need schools. (2) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this part, including the distribution of such grants between rural and urban areas. (e) Use of funds (1) In general An eligible entity that receives a grant under this part shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this part. (2) Authorized activities Grant funds under this part may be used for the following: (A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that— (i) reflects clear and fair measures of teacher, principal, and other school leader performance, based in part on demonstrated improvement in student academic achievement; and (ii) provides teachers, principals, and other school leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation system described in subparagraph (A) and to develop support for the evaluation system, including by training appropriate personnel in how to observe and evaluate teachers, principals, and other school leaders. (C) Providing principals and other school leaders with— (i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and (ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together. (D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to— (i) teachers who— (I) (aa) teach in high-need schools; or (bb) teach in high-need subjects; (II) raise student academic achievement; or (III) take on additional leadership responsibilities; or (ii) principals and other school leaders who serve in high-need schools and raise student academic achievement in the schools. (E) Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers and school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in— (i) attracting, hiring, and retaining effective educators; (ii) offering bonuses or higher salaries to effective teachers; or (iii) establishing or strengthening residency programs. (F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers and school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders. (f) Matching requirement Each eligible entity that receives a grant under this part shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in-kind) to carry out the activities supported by the grant. (g) Supplement, not supplant Grant funds provided under this part shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this part. 2203. Reports (a) Activities summary Each eligible entity receiving a grant under this part shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this part, including— (1) information on eligible entities that received grant funds under this part, including— (A) information provided by eligible entities to the Secretary in the applications submitted under section 2202(c); (B) the summaries received under subsection (a); and (C) grant award amounts; and (2) student academic achievement and, as applicable, growth data from the schools participating in the programs supported under the grant. (c) Evaluation and technical assistance (1) Reservation of funds Of the total amount reserved under section 2003(c) for this part for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this part. (2) Evaluation From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this part. (3) Contents The evaluation under paragraph (2) shall measure— (A) the effectiveness of the program in improving student academic achievement; (B) the satisfaction of the participating teachers, principals, and other school leaders; and (C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, and other school leaders, especially in high-need subject areas. . 2003. American history and civics education Title II ( 20 U.S.C. 6601 et seq. ), as amended by section 2002, is further amended by adding at the end the following: C American history and civics education 2301. Program authorized (a) In general From amounts appropriated to carry out this part, the Secretary is authorized to carry out an American history and civics education program to improve— (1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and (2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history. (b) Funding allotment From amounts made available under section 2305 for a fiscal year, the Secretary shall— (1) use not less than 85 percent for activities under section 2302; (2) use not less than 10 percent for activities under section 2303; and (3) use not more than 5 percent for activities under section 2304. 2302. Teaching of traditional American history (a) In general From the amounts reserved by the Secretary under section 2301(b)(1), the Secretary shall award grants, on a competitive basis, to local educational agencies— (1) to carry out activities to promote the teaching of traditional American history in elementary schools and secondary schools as a separate academic subject (not as a component of social studies); and (2) for the development, implementation, and strengthening of programs to teach traditional American history as a separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, including the implementation of activities— (A) to improve the quality of instruction; and (B) to provide professional development and teacher education activities with respect to American history. (b) Required partnership A local educational agency that receives a grant under subsection (a) shall carry out activities under the grant in partnership with 1 or more of the following: (1) An institution of higher education. (2) A nonprofit history or humanities organization. (3) A library or museum. (c) Application To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Grant terms Grants awarded under subsection (a) shall be for a term of not more than 5 years. 2303. Presidential and congressional academies for American history and civics (a) In general From the amounts reserved under section 2301(b)(2), the Secretary shall award not more than 12 grants, on a competitive basis, to— (1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the Presidential Academies ) in accordance with subsection (e); and (2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the Congressional Academies ) in accordance with subsection (f). (b) Application An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Eligible entity The term eligible entity under this section means— (1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or (2) a consortium of entities described in paragraph (1). (d) Grant terms Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years. (e) Presidential academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which— (A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics; (B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C) is conducted during the summer or other appropriate time; and (D) is of not less than 2 weeks and not more than 6 weeks in duration. (2) Selection of teachers Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1). (3) Teacher stipends Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute. (4) Priority In awarding grants under this subsection, the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks. (f) Congressional academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which— (A) broadens and deepens such students’ understanding of American history and civics; (B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C) is conducted during the summer or other appropriate time; and (D) is of not less than 2 weeks and not more than 6 weeks in duration. (2) Selection of students (A) In general Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1). (B) Eligible students A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student— (i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and (ii) will be a junior or senior in the academic year following attendance at the seminar or institute. (3) Student stipends Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute. (g) Matching funds (1) In general An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f). 2304. National activities (a) Purpose The purpose of this section is to promote new and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, and other school leaders, particularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations. (b) In general From the funds reserved by the Secretary under section 2301(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1) expanding, developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidenced-based approaches or professional development programs in American history, civics and government, and geography, which may include— (A) hands-on civic engagement activities for teachers and low-income students; and (B) programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights and that demonstrate scalability, accountability, and a focus on underserved populations; and (2) developing other innovative approaches that— (A) improve the quality of student achievement in, and teaching of, American history, civics and government, and geography, in elementary schools and secondary schools; and (B) demonstrate innovation, scalability, accountability, and a focus on underserved populations. (c) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period. (3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (d) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (e) Eligible entity In this section, the term eligible entity means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches for improving the quality of American history, geography, and civics learning and teaching. 2305. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 through 2021. . 2004. Literacy education Title II ( 20 U.S.C. 6601 et seq. ), as amended by sections 2001 through 2003, is further amended by adding at the end the following: D Literacy Education for All, Results for the Nation 2401. Purposes; definitions (a) Purposes The purposes of this part are— (1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and (2) for States to provide targeted subgrants to State-designated early childhood education programs and local educational agencies and their public or private partners to implement evidenced-based programs that ensure high-quality comprehensive literacy instruction for students most in need. (b) Definitions In this part: (1) Comprehensive literacy instruction The term comprehensive literacy instruction means instruction that— (A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas; (B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (E) uses differentiated instructional approaches, including individual and small group instruction and discussion; (F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (G) includes frequent practice of reading and writing strategies; (H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction; (I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (J) incorporates the principles of universal design for learning; (K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and (L) links literacy instruction to the challenging State academic standards under section 1111(b)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter. (2) Eligible entity The term eligible entity means an entity that serves a high percentage of high-need schools and consists of— (A) one or more local educational agencies that— (i) have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(2); or (iii) serve a significant number or percentage of schools that are identified under section 1114(a)(1)(A); (B) one or more State-designated early childhood education programs, which may include home-based literacy programs for preschool aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or (C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or a State-designated early childhood education program, which may include home-based literacy programs for preschool aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include State-designated early childhood education programs) that have a demonstrated record of effectiveness in— (i) improving literacy achievement of children, consistent with the purposes of their participation, from birth through grade 12; and (ii) providing professional development in comprehensive literacy instruction. (3) High-need school (A) In general The term high-need school means— (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. (B) Low-income family For purposes of subparagraph (A), the term low-income family means a family— (i) in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). 2402. Comprehensive literacy State development grants (a) Grants authorized From the amounts appropriated to carry out this part and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to— (1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of disadvantaged children; and (2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities. (b) Reservation From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall reserve— (1) not more than a total of 5 percent for national activities including a national evaluation, technical assistance and training, data collection, and reporting; (2) one-half of 1 percent for the Secretary of the Interior to carry out a program described in this part at schools operated or funded by the Bureau of Indian Education; and (3) one-half of 1 percent for the outlying areas to carry out a program under this part. (c) Duration of grants A grant awarded under this part shall be for a period of not more than 5 years. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that— (1) the State has made adequate progress; and (2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d). (d) State applications (1) In general A State educational agency desiring a grant under this part shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include, at a minimum, the following: (A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most pressing gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the categories of students, as defined in section 1111(b)(3)(A). (B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan. (C) An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (e). (D) An assurance that the State educational agency will use implementation grant funds described in subsection (e)(1) for comprehensive literacy instruction programs as follows: (i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (E) An assurance that the State educational agency will give priority in awarding a subgrant under section 2403 to an eligible entity that— (i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or (ii) is a local educational agency serving a high number or percentage of high-need schools. (e) State activities (1) In general A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process. (2) Reservation A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities: (A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs. (B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods. (C) Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (D) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement. (E) Administering and monitoring the implementation of subgrants by eligible entities. (3) Additional uses After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities: (A) Developing literacy coach training programs and training literacy coaches. (B) Administration and evaluation of activities carried out under this part. 2403. Subgrants to eligible entities in support of birth through kindergarten entry literacy (a) Subgrants (1) In general A State educational agency receiving a grant under this part shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) )), use a portion of the grant funds, in accordance with section 2402(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (b) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (5) such other information as the State educational agency may require. (c) Local uses of funds An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), to— (1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders; (2) train providers and personnel to develop and administer high-quality early childhood education literacy initiatives; and (3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant. 2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to eligible entities (1) Subgrants A State educational agency receiving a grant under this part shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2402(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided. (4) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other instructional leaders served by the school. (C) How the school will identify children in need of literacy interventions or other support services. (D) An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education and after-school programs and activities in the area served by the local educational agency. (b) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program staff. (3) Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives. (4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appropriate) in the literacy development of children served under this subsection. (5) Engaging families and encouraging family literacy experiences and practices to support literacy development. (c) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a comprehensive literacy instruction plan described in subsection (b)(1) for children in grades 6 through 12. (2) Training principals, specialized instruction support personnel, school librarians, and other school district personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12. (3) Assessing the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects. (4) Providing time for teachers to meet to plan evidence-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects. (5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy development of children served under this subsection. (d) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsection (b) or (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Recruiting, placing, training, and compensating literacy coaches. (2) Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (3) Training families and caregivers to support the improvement of adolescent literacy. (4) Providing for a multitier system of support. (5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction. 2405. National evaluation and information dissemination (a) National evaluation From funds reserved under section 2402(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this part. Such evaluation shall include evidence-based research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact. (b) Program improvement The Secretary shall— (1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences; and (3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. 2406. Supplement, not supplant Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds available to carry out activities described in this part. . 2005. Improving science, technology, engineering, and mathematics instruction and student achievement Title II ( 20 U.S.C. 6601 et seq. ), as amended by sections 2001 through 2004, is further amended by adding at the end the following: E Improving science, technology, engineering, and mathematics instruction and student achievement 2501. Purpose The purpose of this part is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by— (1) improving instruction in such subjects through grade 12; (2) improving student engagement in, and increasing student access to, such subjects, including for students from groups underrepresented in such subjects, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students; (3) improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; (4) increasing student access to high-quality informal and after-school programs that target the identified subjects and improving the coordination of such programs with classroom instruction in the identified subjects; and (5) closing student achievement gaps, and preparing more students to be college and career ready, in such subjects. 2502. Definitions In this part: (1) Eligible subgrantee The term eligible subgrantee means— (A) a high-need local educational agency; (B) an educational service agency serving more than 1 high-need local educational agency; (C) a consortium of high-need local educational agencies; or (D) an entity described in subparagraph (A) or (C) of paragraph (2) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this part in partnership with such entity. (2) Outside partner The term outside partner means an entity that has expertise and a demonstrated record of success in improving student learning and engagement in the identified subjects described in section 2504(b)(2), including any of the following: (A) A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center. (B) A business. (C) An institution of higher education. (D) An educational service agency. (3) STEM-focused specialty school The term STEM-focused specialty school means a school, or a dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, technology, engineering, and mathematics, which include authentic school-wide research. (4) STEM master teacher corps The term STEM master teacher corps means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by— (A) selecting candidates to be master teachers in the corps on the basis of— (i) content knowledge based on a screening examination; and (ii) pedagogical knowledge of and success in teaching; (B) offering such teachers opportunities to— (i) work with one another in scholarly communities; (ii) participate in and lead high-quality professional development; and (C) providing such teachers with additional appropriate and substantial compensation for the work described in subparagraph (B) and in the master teacher community. 2503. Grants; allotments (a) In general From amounts made available to carry out this part for a fiscal year, the Secretary shall award grants to State educational agencies, through allotments described in subsection (b), to enable State educational agencies to carry out the activities described in section 2505. (b) Distribution of Funds (1) In general Subject to paragraph (2), for each fiscal year, the Secretary shall allot to each State— (A) an amount that bears the same relationship to 35 percent of the amount available to carry out this part for such year, as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B) an amount that bears the same relationship to 65 percent of the amount available to carry out this part for such year as the number of individuals ages 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (2) Funding minimum No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. (c) Reallotment of unused funds If a State does not successfully apply for an allotment under this part, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. 2504. Applications (a) In General Each State desiring an allotment under section 2503(b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents At a minimum, an application submitted under subsection (a) shall include the following: (1) A description of the needs, including assets, identified by the State educational agency based on a State analysis, which shall include— (A) an analysis of science, technology, engineering, and mathematics education quality and outcomes in the State, which may include results from a pre-existing analysis; (B) labor market information regarding the industry and business workforce needs within the State; (C) information on student exposure to and retention in science, technology, engineering, and mathematics fields, including among low-income and underrepresented groups, which may include results from a pre-existing analysis; and (D) an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in the State. (2) An identification of the specific subjects that the State educational agency will address through the activities described in section 2505, consistent with the needs identified under paragraph (1) (referred to in this part as identified subjects ). (3) A description, in a manner that addresses any needs identified under paragraph (1), of— (A) how grant funds will be used by the State educational agency to improve instruction in the identified subjects; (B) the process that the State educational agency will use for awarding subgrants, including how relevant stakeholders will be involved; (C) how the State’s proposed project will ensure increased access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields (which may include female students, minority students, English learners, children with disabilities, and economically disadvantaged students) to high-quality courses in 1 or more of the identified subjects; and (D) how the State educational agency will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction. 2505. Authorized activities (a) Required activities Each State educational agency that receives an allotment under this part shall use the grant funds reserved under subsection (d)(2) to carry out each of the following activities: (1) Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses in the identified subjects. (2) Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects. (3) Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects. (b) Permissible activities Each State educational agency that receives an allotment under this part may use the grant funds reserved under subsection (d)(2) to carry out 1 or more of the following activities: (1) Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a careers in the science, technology, engineering, and mathematics fields. (2) Providing induction and mentoring services to new teachers in identified subjects. (3) Developing instructional supports for identified subjects, such as curricula and assessments, which shall be evidence-based and aligned with challenging State academic standards under section 1111(b)(1). (4) Supporting the development of a State-wide STEM master teacher corps. (c) Subgrants (1) In General Each State educational agency that receives a grant under this part shall use the amounts not reserved under subsection (d) to award subgrants, on a competitive basis, to eligible subgrantees to enable the eligible subgrantees to carry out the activities described in paragraph (4). (2) Minimum subgrant A State educational agency shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this part. (3) Subgrantee application (A) In general Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require. (B) Contents of subgrantee application At a minimum, the application described in subparagraph (A) shall include the following: (i) A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the State's identified subjects. (ii) A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools. (iii) A description of how the eligible subgrantee will use funds provided under this subsection for services and activities to increase access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields, which may include female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses in 1 or more of the State's identified subjects. Such activities and services may include after-school activities or other informal learning opportunities designed to encourage interest and develop skills in 1 or more of such subjects. (iv) A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (v) If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the State's identified subjects. (4) Subgrantee use of funds (A) Required use of funds Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, as described in the subgrantee's application, which shall include— (i) high-quality teacher and instructional leader recruitment, support, and evaluation in the State's identified subjects; (ii) professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects; (iii) activities to— (I) improve the content knowledge of teachers in the State's identified subjects; (II) facilitate professional collaboration, which may include providing time for such collaborations with school personnel, after-school program personnel, and personnel of informal programs that target the identified subjects; and (III) improve the integration of informal and after-school programs that target the identified subjects with classroom instruction, such as through the use of strategic partnerships with science, technology, engineering, and mathematics researchers, and other professionals from relevant fields who may be able to assist in activities focused in science, technology, engineering, and mathematics; and (iv) the development, adoption, and improvement of high-quality curricula and instructional supports that— (I) are aligned with the challenging State academic standards under section 1111(b)(1); and (II) the eligible subgrantee will use to improve student academic achievement in the identified subjects. (B) Allowable use of funds In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection may also use the subgrant funds to— (i) support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); (ii) broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects; (iii) broaden the access of secondary school students to early college high school or dual or concurrent enrollment courses in science, technology, engineering, or mathematics subjects, including providing professional development to teachers and leaders related to this work; (iv) broaden student access to mentorship, tutoring, and after-school activities or other informal learning opportunities designed to encourage interest and develop skills in 1 or more of the State's identified subjects; (v) partner with established after-school and science, technology, engineering, and mathematics networks to provide technical assistance to after-school programs to improve their practice, such as through developing quality standards and appropriate learning outcomes for science, technology, engineering, and mathematics programming in after-school programs; (vi) provide hands-on learning and exposure to science, technology, engineering, and mathematics research facilities and businesses through in-person or virtual distance-learning experiences; (vii) partner with current or recently retired science, technology, engineering, and mathematics professionals to engage students and teachers in instruction in such subjects; (viii) tailor and integrate educational resources developed by Federal agencies, as appropriate, to improve student achievement in science, technology, engineering, and mathematics; (ix) support the use of field-based or service learning that enables students to use the local environment and community as a learning resource and to enhance the students' understanding of the identified subjects through environmental science education; and (x) address science, technology, engineering, and mathematics needs identified in the State plan under section 102 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3112 ), or by a local workforce development board under section 107(d), or in the local plan submitted under section 108, of such Act ( 29 U.S.C. 3122(d) , 3123), for the State, local area (as defined in section 3 of such Act ( 29 U.S.C. 3102 )), or region (as so defined) that the eligible subgrantee is serving; and (xi) support the creation and enhancement of STEM-focused specialty schools that improve student academic achievement in science, technology, engineering, and mathematics, including computer science, and prepare more students to be ready for postsecondary education and careers in such subjects. (C) Matching funds A State may require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds, a portion of the amount of subgrant funds, in an amount determined by the State. (d) State Activities (1) In General Each State educational agency that receives an allotment under this part may use not more than 5 percent of grant funds for— (A) administrative costs; (B) monitoring the implementation of subgrants; (C) providing technical assistance to eligible subgrantees; and (D) evaluating subgrants in coordination with the evaluation described in section 2506(c). (2) Reservation Each State educational agency that receives an allotment under this part shall reserve not less than 15 and not more than 20 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b). 2506. Performance metrics; report; evaluation (a) Establishment of performance metrics The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this part. (b) Annual report Each State educational agency that receives an allotment under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). (c) Evaluation and management The Secretary shall— (1) acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A) evaluate the implementation and impact of the activities supported under this part, including progress measured by the metrics established under subsection (a); and (B) identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; (2) disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects; (3) ensure that the Department is taking appropriate action to— (A) identify all activities being supported under this part; and (B) avoid unnecessary duplication of efforts between the activities being supported under this part and other programmatic activities supported by the Department or by other Federal agencies; and (4) develop a rigorous system to— (A) identify the science, technology, engineering, and mathematics education-specific needs of States and stakeholders receiving funds through subgrants under this part; (B) make public and widely disseminate programmatic activities relating to science, technology, engineering, and mathematics that are supported by the Department or by other Federal agencies; and (C) develop plans for aligning the programmatic activities supported by the Department and other Federal agencies with the State and stakeholder needs. 2507. Supplement not supplant Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part. 2508. Report on cybersecurity education Not later than June 1, 2016, the Secretary, acting through the Director of the Institute of Education Sciences, shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and the Workforce of the House of Representatives, a report describing whether secondary and postsecondary education programs are meeting the need of public and private sectors for cyberdefense. Such report shall include— (1) an assessment of the shortfalls in current secondary and postsecondary education needed to develop cybersecurity professionals, and recommendations to address such shortfalls; (2) an assessment of successful secondary and postsecondary programs that produce competent cybersecurity professionals; and (3) recommendations of subjects to be covered by elementary schools and secondary schools to better prepare students for postsecondary cybersecurity education. . 2006. General provisions Title II ( 20 U.S.C. 6601 et seq. ), as amended by sections 2001 through 2005, is further amended by adding at the end the following: F General provisions 2601. Rules of construction (a) Prohibition against Federal mandates, direction, or control Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s— (1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments; (2) teacher, principal, or other school leader evaluation system; (3) specific definition of teacher, principal, or other school leader effectiveness; or (4) teacher, principal, or other school leader professional standards, certification, or licensing. (b) School or district employees Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . III Language instruction for english learners and immigrant students 3001. General provisions Title III ( 20 U.S.C. 6801 et seq. ) is amended— (1) in the title heading, by striking Limited English Proficient and inserting English Learners ; (2) in part A— (A) by striking section 3122; (B) redesignating sections 3123, 3124, 3125, 3126, 3127, 3128, and 3129 as sections 3122, 3123, 3124, 3125, 3126, 3127, and 3128, respectively; and (C) by striking subpart 4; (3) by striking part B; (4) by redesignating part C as part B; and (5) in part B, as redesignated by paragraph (4)— (A) by redesignating section 3301 as section 3201; (B) by striking section 3302; and (C) by redesignating sections 3303 and 3304 as sections 3202 and 3203, respectively. 3002. Authorization of appropriations Section 3001 ( 20 U.S.C. 6801 ) is amended to read as follows: 3001. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for each of fiscal years 2016 through 2021. . 3003. English language acquisition, language enhancement, and academic achievement Part A of title III ( 20 U.S.C. 6811 et seq. ) is amended— (1) in section 3102, by striking paragraphs (1) through (9) and inserting the following: (1) to help ensure that English learners, including immigrant children and youth, attain English proficiency, and develop high levels of academic achievement in English; (2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that children who are English learners can meet the same challenging State academic standards that all children are expected to meet, consistent with section 1111(b)(1); (3) to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; (4) to assist early childhood educators, teachers, principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instruction programs designed to prepare English learners, including immigrant children and youth, to enter all-English instruction settings; (5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners; and (6) to provide incentives to grantees to implement policies and practices that will lead to significant improvements in the instruction and achievement of English learners. ; (2) in section 3111— (A) in subsection (b)— (i) in paragraph (2), by striking subparagraphs (A) through (D) and inserting the following: (A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (B) Providing effective teacher and principal preparation, professional development activities, and other evidence-based activities related to the education of English learners, which may include assisting teachers, principals, and other educators in— (i) meeting State and local certification and licensing requirements for teaching English learners; and (ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners. (C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). (D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in— (i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners, including those in early childhood settings; (ii) helping English learners meet the same State academic standards that all children are expected to meet; (iii) identifying or developing, and implementing, measures of English proficiency; and (iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners. (E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting— (i) annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and (ii) the challenging State academic standards described in section 1111(b)(1). ; and (ii) in paragraph (3)— (I) in the heading, by inserting Direct before Administrative ; and (II) by inserting direct before administrative costs ; and (B) in subsection (c)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking section 3001(a) and inserting section 3001 ; (II) in subparagraph (B), by inserting and after the semicolon; (III) in subparagraph (C)— (aa) by striking 3303 both places it appears and inserting 3202 ; (bb) by striking not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and ; and (cc) by striking ; and and inserting a period; and (IV) by striking subparagraph (D); (ii) by striking paragraphs (2) and (4); (iii) by redesignating paragraph (3) as paragraph (2); (iv) in paragraph (2)(A), as redesignated by clause (iii)— (I) in the matter preceding clause (i), by striking section 3001(a) and inserting section 3001 ; and (II) in clause (i), by striking limited English proficient and all that follows through States; and inserting English learners in the State bears to the number of English learners in all States, as determined by the Secretary under paragraph (3); ; and (v) by adding at the end the following: (3) Use of data for determinations In making State allotments under paragraph (2)(A) for each fiscal year, the Secretary shall— (A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be— (i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (ii) the number of students being assessed for English language proficiency, based on the State's English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or (iii) a combination of data available under clauses (i) and (ii); and (B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates. ; (3) in section 3113— (A) in subsection (a), by inserting reasonably before require ; (B) in subsection (b)— (i) in paragraph (1), by striking making and inserting awarding ; and (ii) by striking paragraphs (2) through (6) and inserting the following: (2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State; (3) provide an assurance that— (A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) to annually assess in English all English learners who have been in the United States for 3 or more years; (B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G); (C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; (D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; (E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards described in section 1111(b)(1); (F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and (G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders; (4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; (5) describe how each eligible entity will be given the flexibility to teach English learners— (A) using a high-quality, effective language instruction curriculum for teaching English learners; and (B) in the manner the eligible entities determine to be the most effective; (6) describe how the agency will assist eligible entities in meeting— (A) annual timelines and goals for progress established under section 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and (B) the challenging State academic standards described in section 1111(b)(1); (7) describe how the agency will assist eligible entities in decreasing the number of English learners who have not yet acquired English proficiency within 5 years of their initial classification as an English learner; (8) describe how the agency will ensure that the unique needs of the State’s population of English learners and immigrant children and youth are being addressed; and (9) describe how the agency will monitor and evaluate the progress of each eligible entity receiving funds under this subpart toward meeting the timelines and goals for English proficiency required under section 1111(c)(1)(K) and the steps the State will take to further assist eligible entities if such strategies funded under this part are not effective in making such progress and meeting academic goals established under section 1111(b)(3)(B)(i) for English learners, such as providing technical assistance and modifying such strategies. ; (C) in subsection (d)(2)(B), by striking part and inserting subpart ; and (D) in subsection (f), by striking , objectives, ; (4) in section 3114— (A) in subsection (a)— (i) by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and (ii) by striking limited English proficient children both places the term appears and inserting English learners ; and (B) in subsection (d)(1)— (i) by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and (ii) by striking preceding the fiscal year ; (5) by striking section 3115 and inserting the following: 3115. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards described in section 1111(b)(1). In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agency-wide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Direct administrative expenses Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Required subgrantee activities An eligible entity receiving funds under section 3114(a) shall use the funds— (1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and are based on high-quality research demonstrating success in increasing— (A) English language proficiency; and (B) student academic achievement; (2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals, other school leaders, administrators, and other school or community-based organizational personnel, that is— (A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement appropriate curricula, assessment practices, and instruction strategies for English learners; (C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and (D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and (3) to provide and implement effective parent, family, and community engagement activities in order to enhance or supplement language instruction educational programs for English Learners. (d) Authorized subgrantee activities Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve 1 of the purposes described in subsection (a) by undertaking 1 or more of the following activities: (1) Upgrading program objectives and effective instructional strategies. (2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures. (3) Providing to English learners— (A) tutorials and academic or career and technical education; (B) intensified instruction, which may include linguistically responsive materials; and (C) bilingual paraprofessionals, which may include interpreters and translators. (4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services. (5) Improving the English language proficiency and academic achievement of English learners. (6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families— (A) to improve the English language skills of English learners; and (B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children. (7) Improving the instruction of English learners, including English learners with a disability, by providing for— (A) the acquisition or development of educational technology or instructional materials; (B) access to, and participation in, electronic networks for materials, training, and communication; and (C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart. (8) Carrying out other activities that are consistent with the purposes of this section. (e) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— (A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children; (B) recruitment of, and support for personnel, including early childhood educators, teachers, paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with funds; (E) basic instruction services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services; (F) other instructional services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion. (f) Selection of method of instruction (1) In general To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards described in section 1111(b)(1). (2) Consistency Such selection shall be consistent with sections 3124 through 3126. (g) Supplement, not supplant Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. ; (6) in section 3116— (A) in subsection (b), by striking paragraphs (1) through (6) and inserting the following: (1) describe the high-quality programs and activities proposed to be developed, implemented, and administered under the subgrant and how these activities will help English learners increase their English language proficiency and meet the challenging State academic standards described in section 1111(b)(1); (2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in meeting— (A) annual timelines and goals for progress established under 1111(c)(1)(K) based on the State’s English language proficiency assessment under section 1111(b)(2)(G); and (B) the challenging State academic standards described in section 1111(b)(1); (3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners; (4) describe how language instruction educational programs carried out under the subgrant will ensure that English learners being served by the programs develop English proficiency and demonstrate such proficiency through academic content mastery; (5) contain assurances that— (A) each local educational agency that is included in the eligible entity is complying with section 1112(d)(2) prior to, and throughout, each school year as of the date of application, and will continue to comply with such section throughout each school year for which the grant is received; (B) the eligible entity complies with any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126; (C) the eligible entity has based its proposed plan on high-quality research on teaching English learners; (D) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and (E) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers. ; (B) in subsection (c), by striking limited English proficient children and inserting English learners ; and (C) by striking subsection (d); (7) by striking section 3121 and inserting the following: 3121. Reporting (a) In general Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes— (1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years; (2) the number and percentage of English learners in the programs and activities who meet the annual State-determined goals for progress established under section 1111(c)(1)(K), including disaggregated, at a minimum, by— (A) long-term English learners; and (B) English learners with a disability; (3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(F) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G); (4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency; (5) the number and percentage of English learners meeting challenging State academic standards described in section 1111(b)(1) for each of the 4 years after such children are no longer receiving services under this part, including disaggregated, at a minimum, by— (A) long-term English learners; and (B) English learners with a disability; (6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner; and (7) any other information as the State educational agency may require. (b) Report A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement or programs and activities under this part. (c) Special rule for specially qualified agencies Each specially qualified agency receiving a grant under this part shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection. ; (8) in section 3122, as redesignated by section 3001(2)— (A) in subsection (a)— (i) by striking evaluations and inserting reports ; and (ii) by striking children who are limited English proficient and inserting English learners ; and (B) in subsection (b)— (i) in paragraph (1)— (I) by striking limited English proficient children and inserting English learners ; and (II) by striking children who are limited English proficient and inserting English learners ; (ii) in paragraph (4), by striking section 3111(b)(2)(C) and inserting section 3111(b)(2)(D) ; (iii) in paragraph (6), by striking major findings of scientifically based research carried out under this part and inserting findings of the evaluation related to English learners carried out under section 9601 ; (iv) in paragraph (8)— (I) by striking of limited English proficient children and inserting of English learners ; and (II) by striking into classrooms where instruction is not tailored for limited English proficient children ; and (v) in paragraph (9), by striking title and inserting part ; (9) in section 3123, as redesignated by section 3001(2)— (A) by striking children of limited English proficiency and inserting English learners ; and (B) by striking limited English proficient children and inserting English learners ; (10) in section 3124, as redesignated by section 3001(2)— (A) in paragraph (1), by striking limited English proficient children and inserting English learners ; and (B) in paragraph (2), by striking limited English proficient children and inserting English learners ; (11) in section 3128, as redesignated by section 3001(2), by striking limited English proficient children and inserting English learners ; and (12) by striking section 3131 and inserting the following: 3131. National professional development project The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development, capacity building, or evidence-based activities that will improve classroom instruction for English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used— (1) for preservice or inservice effective professional development programs that will assist local schools and may assist institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness; (2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; (3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners; (4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs; (5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and (6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs to elementary school programs. . 3004. Other provisions Part B of title III, as redesignated by section 3001(4), is amended— (1) in section 3201, as redesignated by section 3001(5)— (A) by striking paragraphs (3), (4), and (5); (B) by inserting after paragraph (2) the following: (3) Eligible entity The term eligible entity means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency. (4) English learner with a disability The term English learner with a disability means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act. ; (C) by redesignating paragraphs (6) through (8) as paragraphs (5) through (7), respectively; (D) in paragraph (7)(A), as redesignated by subparagraph (C), by striking a limited English proficient child and inserting an English learner ; (E) by inserting after paragraph (7) the following: (8) Long-term English learner The term long-term English learner means an English learner who has attended schools in the United States for not less than 5 years and who has not yet exited from English learner status by the culmination of the fifth year of services. ; and (F) in paragraph (13), by striking , as defined in section 3141, ; and (2) in section 3202, as redesignated by section 3001(5)— (A) in the matter preceding paragraph (1), by striking limited English proficient children and inserting English learners ; and (B) in paragraph (4)— (i) in subparagraph (A), by striking limited English proficient children and inserting English learners, including English learners with a disability (as defined in section 3141), that includes information on best practices on instructing and serving English learners ; and (ii) in subparagraph (B), by striking limited English proficient children and inserting English learners ; and (3) in section 3203, as redesignated by section 3001(5)— (A) by striking limited English proficient individuals and inserting English learners ; and (B) by striking limited English proficient children and inserting English learners . 3005. American community survey research (a) Study The Director of the Institute of Education Sciences and the Secretary of Education, in consultation with the Director of the Bureau of the Census, shall conduct research on the accuracy of the American Community Survey language items for assessing population prevalence of English learner children and youth, including— (1) the strength of such survey’s association with more comprehensive English language proficiency measures; (2) the effects on responses of situational, cultural, demographic, and socioeconomic factors; (3) placement of the item in the questionnaire; and (4) the ability of adult responders to make English language proficiency distinctions. (b) Implementation The Director of the Bureau of the Census shall use the results of the study described in subsection (a) to improve the accuracy of the American Community Survey language items for assessing population prevalence of English learner students. IV Safe and healthy students 4001. General provisions Title IV ( 20 U.S.C. 7101 et seq. ) is amended— (1) by redesignating subpart 3 of part A as subpart 5 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to follow subpart 4 of part F of title IX, as redesignated by sections 2001 and 9106(1); (2) by redesignating section 4141 as section 9561; (3) by redesignating section 4155 as section 9537 and moving that section so as to follow section 9536; (4) by redesignating part C as subpart 6 of part F of title IX, as redesignated by section 9106(1), and moving that subpart to follow subpart 5 of part F of title IX, as redesignated by section 9106(1) and paragraph (1); (5) by redesignating sections 4301, 4302, 4303, and 4304, as sections 9571, 9572, 9573, and 9574, respectively; and (6) by striking the title heading and inserting the following: IV Safe and healthy students . 4002. Grants to States and local educational agencies Part A of title IV ( 20 U.S.C. 7101 et seq. ) is amended to read as follows: A Grants to States and local educational agencies 4101. Purpose The purpose of this part is to improve students’ safety, health, well-being, and academic achievement during and after the school day by— (1) increasing the capacity of local educational agencies, schools, and local communities to improve conditions for learning through the creation of safe, healthy, supportive, and drug-free environments; (2) carrying out programs designed to improve school safety and promote students’ physical and mental health and well-being; (3) preventing and reducing substance use and abuse, school violence, harassment, and bullying; and (4) strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment. 4102. Definitions In this part: (1) Controlled substance The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (2) Drug The term drug includes controlled substances, the illegal use of alcohol or tobacco (including smokeless tobacco products and electronic cigarettes), and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (3) Drug and violence prevention The term drug and violence prevention means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the evidence-based consequences of drug use; and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (4) School-based mental health services provider The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such mental health services to children and adolescents, including children in early childhood education programs. (5) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 4103. Formula grants to States (a) Reservations From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— (1) not more than 5 percent for national activities, which the Secretary may carry out directly or through grants, contracts, or agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this part or conducting a national evaluation; (2) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; (3) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education; and (4) such funds as may be necessary for the Project School Emergency Response to Violence program (referred to as Project SERV ), which is authorized to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis, and which funds shall remain available for obligation until expended. (b) State allotments (1) Allotment (A) In general In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this part for any fiscal year and not reserved under subsection (a). (B) Determination of state allotment amounts Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of individuals, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. (2) Small state minimum No State receiving an allotment under paragraph (1) shall receive less than one-half of 1 percent of the total amount allotted under such paragraph. (3) Puerto rico The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph. (4) Reallotment If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to local educational agencies, which may include consortia of such agencies, under section 4104. (2) State administration A State educational agency shall use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this part. (3) State activities A State educational agency shall use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for activities and programs designed to meet the purposes of this part, which— (A) shall include— (i) providing training, technical assistance, and capacity building to local educational agencies that are recipients of a subgrant under section 4104, which may include identifying and disseminating best practices for professional development and capacity building for teachers, administrators, and specialized instructional support personnel in schools that are served by local educational agencies under this part; and (ii) publicly reporting on how funds made available under this part are being expended by local educational agencies under section 4104; and (B) may include— (i) identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this part, so that local educational agencies can better coordinate with other agencies, schools and community-based services and programs; (ii) assisting local educational agencies to expand access to or coordination of resources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs described in section 4105(a)(4)(C); (iii) supporting programs and activities that offer a variety of well-rounded educational experiences to students; (iv) supporting activities that promote physical and mental health and well-being for students and staff; (v) designing and implementing a grant process for local entities that wish to use funds to reduce exclusionary discipline practices in elementary schools and secondary schools, in a manner consistent with State or federally identified best practices on the subject; (vi) assisting in the creation of a continuum of evidence-based or promising practices in the reduction of juvenile delinquency; (vii) promoting gender equity in education by supporting local educational agencies in meeting the requirements of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ); (viii) providing local educational agencies with evidence-based resources— (I) addressing— (aa) student athletic safety, such as developing a plan for concussion safety and recovery practices (which may include policies that prohibit student athletes suspected of having a concussion from returning to play the same day); (bb) cardiac conditions such as cardiomyopathy; and (cc) exposure to excessive heat and humidity; and (II) relating to the development of recommended guidelines for an emergency action plan for youth athletics; (ix) designing and implementing evidence-based mental health awareness training programs for the purposes of— (I) recognizing the signs and symptoms of mental illness; (II) providing education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health; or (III) providing education to school personal regarding the safe de-escalation of crisis situations involving a student with a mental illness; and (x) other activities identified by the State that meet the purposes of this part. (d) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State educational agency will use funds received under this part for State-level activities. (B) A description of program objectives and outcomes for activities under this part. (C) An assurance that the State educational agency will review existing resources and programs across the State and will coordinate any new plans and resources under this part with such existing programs and resources. (D) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. (3) Annual report Each State receiving a grant under this part shall annually prepare and submit a report to the Secretary, which shall include— (A) how the State and local educational agencies used funds provided under this part; and (B) the degree to which the State and local educational agencies have made progress toward meeting the objectives and outcomes described in the plan submitted by the State under paragraph (2)(B). (e) Project SERV (1) Additional use of funds Funds available under subsection (a)(4) for extended services grants under the Project School Emergency Response to Violence program (referred to in this subsection as the Project SERV program ) may be used by a local educational agency or institution of higher education receiving such grant to initiate or strengthen violence prevention activities, as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded, and as provided in this subsection. (2) Application process (A) In general A local educational agency or institution of higher education desiring to use a portion of extended services grant funds under the Project SERV program to initiate or strengthen a violence prevention activity shall— (i) submit, in an application that meets all requirements of the Secretary for the Project SERV program, the information described in subparagraph (B); or (ii) in the case of a local educational agency or institution of higher education that has already received an extended services grant under the Project SERV program, submit an addition to the original application that includes the information described in subparagraph (B). (B) Application requirements The information required under this subparagraph is the following: (i) A demonstration that there is a continued disruption or a substantial risk of disruption to the learning environment that would be addressed by such activity. (ii) An explanation of the proposed activity designed to restore and preserve the learning environment. (iii) A budget and budget narrative for the proposed activity. (3) Award basis Any award of funds under the Project SERV program for violence prevention activities under this subsection shall be subject to the discretion of the Secretary and the availability of funds. (4) Prohibited use No funds provided to a local educational agency or institution of higher education under the Project SERV program for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the local educational agency or institution. 4104. Subgrants to local educational agencies (a) Allocations to local educational agencies (1) In general A State that receives an allotment under this part for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies, which may include consortia of such agencies, in accordance with this section. (2) Funds to local educational agencies From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency or consortium of such agencies in the State an amount that bears the same relationship to such funds as the number of individuals aged 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3) Administrative costs Of the amount received under paragraph (2), a local educational agency or consortium of such agencies may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Consultation (A) In general A local educational agency or consortium of such agencies shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, school leaders, specialized instructional support personnel, early childhood educators, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations (if applicable) that may be located in the region served by the local educational agency, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part. (B) Continued consultation On an ongoing basis, the local educational agency or consortium of such agencies shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best— (i) to improve the local activities in order to meet the purpose of this part; and (ii) to coordinate such activities under this part with other related strategies, programs, and activities being conducted in the community. (3) Needs assessment (A) In general To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served and of all schools within the jurisdiction of the local educational agency or agencies proposed to be served. (B) Requirements In conducting the needs assessment required under subparagraph (A), the local educational agency or consortium of such agencies shall— (i) take into account applicable and available school-level data on indicators or measures of school quality, climate and safety, and discipline, including those described in section 1111(d)(1)(C)(v); and (ii) take into account risk factors in the community, school, family, or peer-individual domains that— (I) are known through prospective, longitudinal research efforts to be predictive of drug use, violent behavior, harassment, disciplinary issues, and to have an effect on the physical and mental health and well-being of youth in the school and community; and (II) may include using available State and local data on incidence, prevalence, and perception of such risk factors. (4) Contents Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following: (A) The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section. (B) A description of the activities that the local educational agency or consortium of such agencies will carry out under this part and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). (C) A description of the performance indicators that the local educational agency or consortium of such agencies will use to evaluate the effectiveness of the activities carried out under this section. (D) a description of the programs or activities that the local educational agency or consortium of such agencies will carry out under this part to assist schools in facilitating safe relationship behavior between and among students, as determined necessary by the local educational agency to meet the purposes of this part and which may include— (i) providing age-appropriate education and training, and (ii) improving instructional practices on developing effective communication skills, and on how to recognize and prevent coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, and sexual violence and harassment. (E) An assurance that such activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. (F) An assurance that the local educational agency or consortium of such agencies will prioritize the distribution of funds to schools served by the local educational agency or consortium of such agencies that— (i) are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); (ii) have the highest percentages or numbers of children counted under section 1124(c); (iii) are identified under section 1114(a)(1)(A); or (iv) are identified as a persistently dangerous public elementary school or secondary school under section 9532. (G) An assurance that the local educational agency or consortium of such agencies will comply with section 9501 (regarding equitable participation by private school children and teachers). 4105. Local educational agency authorized activities (a) Local educational agency activities A local educational agency or consortium of such agencies that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs and may be conducted in partnership with nonprofit organizations with a demonstrated record of success in implementing activities, that are in accordance with the purpose of this part and— (1) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (2) are consistent with the principles of effectiveness described in subsection (b); (3) promote the involvement of parents in the activity or program, as appropriate; and (4) may include, among other programs and activities— (A) drug and violence prevention activities and programs (including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes), including professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, and intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral, as related to drug and violence prevention; (B) programs that support extended learning opportunities, including before- and after-school programs and activities, programs during summer recess periods, and expanded learning time; (C) in accordance with subsections (c) and (d), school-based mental health services, including early identification of mental-health symptoms, drug use and violence, and appropriate referrals to direct individual or group counseling services provided by qualified school or community-based mental health services providers; (D) in accordance with subsections (c) and (d), school-based mental health services partnership programs that— (i) are conducted in partnership with a public or private mental-health entity or health care entity, which may also include a child welfare agency, family-based mental health entity, trauma network, or other community-based entity; and (ii) provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are based on trauma-informed and evidence practices, are coordinated (where appropriate) with early intervening services carried out under the Individuals with Disabilities Education Act, are provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise, and may include— (I) the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (II) notwithstanding section 4107, the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (III) the development and implementation of programs to assist children in dealing with trauma and violence; and (IV) the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (E) emergency planning and intervention services following traumatic crisis events; (F) programs that train school personnel to identify warning signs of youth drug abuse and suicide; (G) mentoring programs and activities for children who— (i) are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, drug use and abuse; or (ii) lack strong positive role models; (H) early childhood, elementary school, and secondary school counseling programs, including college and career guidance programs, such as— (i) postsecondary education and career awareness and exploration activities; (ii) efforts to enhance the use of information about local workforce needs in postsecondary education and career guidance programs, which may include training counselors to effectively utilize labor market information in assisting students with postsecondary education and career planning; (iii) the development of personalized learning plans for students; and (iv) financial literacy and Federal financial aid awareness activities; (I) programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for early childhood, elementary school, and secondary school students; (J) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; (K) programs and activities that offer a variety of well-rounded educational experience for students, such as those that— (i) use music and the arts as tools to promote constructive student engagement, problem solving, and conflict resolution; (ii) further students’ understanding and knowledge of computer science from elementary school through secondary school; or (iii) promote volunteerism and community service; (L) systems of high-capacity, integrated student supports; (M) strategies that establish learning environments to further students’ academic and nonacademic skills essential for school readiness and academic success, such as by providing integrated systems of student and family supports and building teacher, principal, and other school leader capacity; (N) bullying and harassment prevention programs or activities, including professional development and training for school and specialized instructional support personnel in the prevention, early identification, and early intervention, as related to bullying and harassment; (O) programs or activities designed to increase school safety and improve school climate, which may include training for school personnel related to conflict prevention and resolution practices and raising awareness of issues such as— (i) suicide prevention; (ii) effective and trauma-informed practices in classroom management; (iii) crisis management techniques; (iv) conflict resolution practices; (v) human trafficking (defined, for purposes of this subparagraph, as an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )); and (vi) school-based violence prevention strategies; (P) programs or activities that integrate health and safety practices into school or athletic programs, such as developing a plan for concussion safety and recovery or cardiac safety or implementing an excessive heat action plan to be used during school-sponsored athletic activities; (Q) pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; (R) programs or activities to connect youth who are involved in, or are at risk of involvement in, juvenile delinquency or street gang activity to evidence-based and promising prevention and intervention practices related to juvenile delinquency and criminal street gang activity; (S) child sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide— (i) age-appropriate and developmentally-appropriate instruction for early childhood education program, elementary school, and secondary school students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sexual abuse; and (ii) information to parents and guardians of early childhood education program, elementary school, and secondary school students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child; (T) the development and implementation of a school asthma management plan; (U) assisting schools in educating children facing substance abuse in the home, which may include providing professional development, training, and technical assistance to elementary schools and secondary schools that serve communities with high rates of substance abuse; (V) instructional and support activities and programs, such as activities and programs addressing chronic disease management, led by school nurses, nurse practitioners, social workers, and other appropriate specialists or professionals to help maintain the well-being of students; (W) programs and activities that facilitate safe relationship behavior between and among students; (X) designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as— (i) establishing partnerships within the community to provide resources and support for schools; (ii) ensuring all service and community partners are aligned with the academic expectations of a community school in order to improve student success; and (iii) strengthening relationships between schools and communities; and (Y) other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that will increase student achievement and otherwise meet the purpose of this part. (b) Principles of effectiveness (1) In general For a program or activity developed or carried out under this part to meet principles of effectiveness, such program or activity shall— (A) be based upon an assessment of objective data regarding the need for programs and activities in the early childhood, elementary school, secondary school, or community to be served to— (i) improve school safety and promote students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness; and (ii) strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; (B) be based upon established State requirements and evidence-based criteria aimed at ensuring a healthy, safe, and supportive school environment for students in the early childhood, elementary school, secondary school, or community that will be served by the program; and (C) include meaningful and ongoing consultation with and input from teachers, principals, school leaders, and parents in the development of the application and administration of the program or activity. (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic independent, third-party evaluation to assess the extent to which the program or activity has helped the local educational agency or school provide students with a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being. (B) Use of results The local educational agency or consortium of such agencies shall ensure that the results of the periodic evaluations described under subparagraph (A) are— (i) used to refine, improve, and strengthen the program or activity, and to refine locally determined criteria described under paragraph (1)(B); and (ii) made available to the public and the State. (3) Prohibition Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control, the principles of effectiveness developed or utilized by a local educational agency under this subsection. (c) Parental consent (1) In general Each local educational agency receiving a subgrant under this part shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment service or treatment that is funded under this part and conducted in connection with an elementary school or secondary school under this part. (2) Exception Notwithstanding paragraph (1), the written, informed consent described in such paragraph shall not be required in— (A) an emergency, where it is necessary to protect the immediate health and safety of the student, other students, or school personnel; or (B) other instances where parental consent cannot be reasonably obtained, as defined by the Secretary. (d) Privacy Each local educational agency receiving a subgrant under this part shall ensure that student mental health records are accorded the privacy protections provided under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). 4106. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part. 4107. Prohibitions (a) Prohibited use of funds No funds under this part may be used for— (1) construction; or (2) medical services or drug treatment or rehabilitation, except for integrated student supports or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. (b) Prohibition on mandatory medication No child shall be required to obtain a prescription for a substance covered by the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) as a condition of receiving an evaluation, services, or attending a school receiving assistance under this part. 4108. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 4003. 21st century community learning centers (a) Program authorized Part B of title IV ( 20 U.S.C. 7171 et seq. ) is amended to read as follows: B 21st century community learning centers 4201. Purpose; definitions (a) Purpose The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that— (1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet challenging State academic standards described in section 1111(b)(1); (2) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, art, music, physical fitness and wellness programs, technology education programs, financial literacy programs, environmental literacy programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students; and (3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. (b) Definitions In this part: (1) Community learning center The term community learning center means an entity that— (A) assists students to meet challenging State academic standards described in section 1111(b)(1) by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that— (i) reinforce and complement the regular academic programs of the schools attended by the students served; and (ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and (B) offers families of students served by such center opportunities for literacy, and related educational development and opportunities for active and meaningful engagement in their children’s education. (2) Covered program The term covered program means a program for which — (A) the Secretary made a grant under part B of title IV (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015); and (B) the grant period had not ended on that date of enactment. (3) Eligible entity The term eligible entity means a local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act ( 25 U.S.C. 450b )), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. (4) External organization The term external organization means— (A) a nonprofit organization with a record of success in running or working with after school programs; or (B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a formal agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance. (5) Rigorous peer-review process The term rigorous peer-review process means a process by which— (A) employees of a State educational agency who are familiar with the 21st century community learning center program under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; (B) the State educational agency selects peer reviewers for such applications, who shall— (i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and (ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and (C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205. (6) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 4202. Allotments to states (a) Reservation From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve— (1) such amounts as may be necessary to make continuation awards to grant recipients under covered programs (under the terms of those grants); (2) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a national evaluation; and (3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part. (b) State allotments (1) Determination From the funds appropriated under section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. (2) Reallotment of unused funds If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this part. (c) State use of funds (1) In general Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. (2) State administration A State educational agency may use not more than 2 percent of the amount made available to the State under subsection (b) for— (A) the administrative costs of carrying out its responsibilities under this part; (B) establishing and implementing a rigorous peer-review process for subgrant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and (C) awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). (3) State activities A State educational agency may use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities: (A) Monitoring and evaluation of programs and activities assisted under this part. (B) Providing capacity building, training, and technical assistance under this part. (C) Comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under this part. (D) Providing training and technical assistance to eligible entities that are applicants for or recipients of awards under this part. (E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the program with State academic standards. (F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. (G) Working with teachers, principals, parents, the local workforce, the local community, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs under this part. (H) Coordinating funds received under this part with other Federal and State funds to implement high-quality programs. (I) Providing a list of prescreened external organizations, as described in section 4203(a)(11). 4203. State application (a) In general In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— (1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities; (3) contains an assurance that the State educational agency— (A) will make awards under this part to eligible entities that serve students who primarily attend schools that have been identified under section 1114(a)(1)(A) and other schools determined by the local educational agency to be in need of intervention and support and the families of such students; and (B) will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i); (4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet State and local content and student academic achievement standards; (5) describes how the State educational agency will ensure that awards made under this part are— (A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and (B) in amounts that are consistent with section 4204(h); (6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content areas as well as youth development; (7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; (8) contains an assurance that the State educational agency— (A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and (B) will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends; (9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs; (10) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed; (11) describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this part, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; (12) provides— (A) an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before- and after-school (or summer school) programs, the heads of the State health and mental health agencies or their designees, statewide after-school networks (where applicable) and representatives of teachers, local educational agencies, and community-based organizations; and (B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; (13) describes the results of the State's needs and resources assessment for before- and after-school activities, which shall be based on the results of on-going State evaluation activities; (14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— (A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— (i) are able to track student success and improvement over time; (ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and (iii) for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities; (B) a description of how data collected for the purposes of subparagraph (A) will be collected; and (C) public dissemination of the evaluations of programs and activities carried out under this part; and (15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. (b) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. (c) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (d) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance and, in such notification— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (e) Response If the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (b). (f) Failure To Respond If the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. (g) Limitation The Secretary may not impose a priority or preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day. 4204. Local competitive subgrant program (a) In General (1) Community learning centers A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to award subgrants to eligible entities for community learning centers in accordance with this part. (2) Expanded learning program activities A State that receives funds under this part for a fiscal year may also use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that— (A) are included as part of an expanded learning program that provide students at least 300 additional program hours before, during, or after the traditional school day; (B) supplement but do not supplant school day requirements; and (C) are awarded to entities that meet the requirements of subsection (i). (b) Application (1) In general To be eligible to receive a subgrant under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the activities to be funded, including— (i) an assurance that the program will take place in a safe and easily accessible facility; (ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and (iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible; (B) a description of how such activities are expected to improve student academic achievement as well as overall student success; (C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources; (D) an assurance that the proposed program was developed and will be carried out— (i) in active collaboration with the schools the students attend (including through the sharing of relevant student data among the schools), all participants in the eligible entity, and any partnership entities described in subparagraph (H), while complying with applicable laws relating to privacy and confidentiality; and (ii) in alignment with State and local content and student academic achievement standards; (E) a description of how the activities will meet the measures of effectiveness described in section 4205(b); (F) an assurance that the program will target students who primarily attend schools eligible for schoolwide programs under section 1113(b) and the families of such students; (G) an assurance that subgrant funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds; (H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate; (I) an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families); (J) a demonstration that the eligible entity will use best practices, including research or evidence-based practices, to provide educational and related activities that will complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students; (K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends; (L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; (M) if the eligible entity plans to use volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as the volunteers; and (N) such other information and assurances as the State educational agency may reasonably require. (c) Approval of certain applications The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school. (d) Permissive local match (1) In general A State educational agency may require an eligible entity to match subgrant funds awarded under this part, except that such match may not exceed the amount of the subgrant and may not be derived from other Federal or State funds. (2) Sliding scale The amount of a match under paragraph (1) shall be established based on a sliding scale that takes into account— (A) the relative poverty of the population to be targeted by the eligible entity; and (B) the ability of the eligible entity to obtain such matching funds. (3) In-kind contributions Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions. (4) Consideration Notwithstanding this subsection, a State educational agency shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive subgrants under this part. (e) Peer review In reviewing local applications under this part, a State educational agency shall use a rigorous peer-review process or other methods of ensuring the quality of such applications. (f) Geographic diversity To the extent practicable, a State educational agency shall distribute subgrant funds under this part equitably among geographic areas within the State, including urban and rural communities. (g) Duration of awards Subgrants under this part shall be awarded for a period of not less than 3 years and not more than 5 years. (h) Amount of awards A subgrant awarded under this part may not be made in an amount that is less than $50,000. (i) Priority (1) In general In awarding subgrants under this part, a State educational agency shall give priority to applications— (A) proposing to target services to— (i) students who primarily attend schools that— (I) have been identified under section 1114(a) and other schools determined by the local educational agency to be in need of intervention and support to improve student academic achievement and other outcomes; and (II) enroll students who may be at risk for academic failure, dropping out of school, involvement in criminal or delinquent activities, or who lack strong positive role models; and (ii) the families of students described in clause (i); (B) submitted jointly by eligible entities consisting of not less than 1— (i) local educational agency receiving funds under part A of title I; and (ii) another eligible entity; and (C) demonstrating that the activities proposed in the application— (i) are, as of the date of the submission of the application, not accessible to students who would be served; or (ii) would expand accessibility to high-quality services that may be available in the community. (2) Special rule The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part. (3) Limitation A State educational agency may not impose a priority or preference for eligible entities that seek to use funds made available under this part to extend the regular school day. (j) Renewability of awards A State educational agency may renew a subgrant provided under this part to an eligible entity, based on the eligible entity’s performance during the original subgrant period. 4205. Local activities (a) Authorized activities Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achievement and support student success, including— (1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with— (A) State and local content and student academic achievement standards; and (B) local curricula that are designed to improve student academic achievement; (2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; (3) literacy education programs, including financial literacy programs and environmental literacy programs; (4) programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs; (5) services for individuals with disabilities; (6) programs that provide after-school activities for students who are English learners that emphasize language skills and academic achievement; (7) cultural programs; (8) telecommunications and technology education programs; (9) expanded library service hours; (10) parenting skills programs that promote parental involvement and family literacy; (11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; (12) drug and violence prevention programs and counseling programs; (13) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as STEM ) and that foster innovation in learning by supporting nontraditional STEM education teaching methods; and (14) programs that partner with in-demand fields of the local workforce or build career competencies and career readiness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act. (b) Measures of effectiveness (1) In general For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 4203(a)(14), such program or activity shall— (A) be based upon an assessment of objective data regarding the need for before- and after-school programs (including during summer recess periods) and activities in the schools and communities; (B) be based upon an established set of performance measures aimed at ensuring the availability of high-quality academic enrichment opportunities; (C) if appropriate, be based upon evidence-based research that the program or activity will help students meet the State and local student academic achievement standards; (D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and (E) collect the data necessary for the measures of student success described in subparagraph (D). (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program's progress toward achieving the goal of providing high-quality opportunities for academic enrichment and overall student success. (B) Use of results The results of evaluations under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; (ii) made available to the public upon request, with public notice of such availability provided; and (iii) used by the State to determine whether a subgrant is eligible to be renewed under section 4204(j). 4206. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . (b) Transition The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7171 et seq. ), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award. 4004. Elementary school and secondary school counseling programs Title IV ( 20 U.S.C. 7101 et seq. ), as amended by section 4001, is further amended by inserting after part B the following: C Elementary school and secondary school counseling programs 4301. Elementary school and secondary school counseling programs (a) Grants authorized (1) In general The Secretary is authorized to award grants to eligible entities to enable such agencies to establish or expand elementary school and secondary school counseling programs that comply with the requirements of subsection (c). (2) Special consideration In awarding grants under this section, the Secretary shall— (A) give special consideration to applications describing programs that— (i) demonstrate the greatest need for new or additional counseling services among children in the schools served by the eligible entity, in part by providing information on current ratios, as of the date of application for a grant under this section, of students to school counselors, students to school social workers, and students to school psychologists; (ii) propose promising and innovative approaches for initiating or expanding school counseling; and (iii) show strong potential for replication and dissemination; and (B) give priority to— (i) schools that serve students in rural and remote areas; (ii) schools in need of intervention and support and schools that are the persistently lowest-achieving schools; or (iii) schools with a high percentage of students aged 5 through 17 who— (I) are in poverty, as counted in the most recent census data approved by the Secretary; (II) are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (III) are in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or (IV) are eligible to receive medical assistance under the Medicaid program. (3) Equitable distribution In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among eligible entities located in urban, rural, and suburban areas. (4) Duration A grant under this section shall be awarded for a period not to exceed 3 years. (5) Maximum grant A grant awarded under this section shall not exceed $400,000 for any fiscal year. (b) Applications (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents Each application for a grant under this section shall— (A) describe the school population to be targeted by the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs; (B) include the information described in subparagraphs (B) through (D) of section 4104(b)(4), with respect to the grant under this part; (C) document that the eligible entity has personnel qualified to develop, implement, and administer the program; and (D) document how the eligible entity will engage in meaningful consultation with parents and families in the development of such program. (c) Use of funds Each eligible entity receiving a grant under this part shall use grant funds to develop, implement, and evaluate comprehensive, evidence-based, school counseling programs through activities that incorporate evidence-based practices, such as— (1) the implementation of a comprehensive school counseling program to meet the counseling and educational needs of all students; (2) increasing the range, availability, quantity, and quality of counseling services, provided by qualified school counselors, school psychologists, school social workers, and other qualified school-based mental health services providers, in the elementary schools and secondary schools of the eligible entity; (3) the implementation of innovative approaches to increase children’s understanding of peer and family relationships, peer and family interaction, work and self, decisionmaking, or academic and career planning; (4) the implementation of academic, postsecondary education and career planning programs; (5) the initiation of partnerships with community groups, social service agencies, or other public or private non-profit entities in collaborative efforts to enhance the program and promote school-linked integration of services, as long as the eligible entity documents how such partnership supplements, not supplants, existing school-employed school-based mental health services providers and services, in accordance with subsection (f); (6) the implementation of a team approach to school counseling in the schools served by the eligible entity by working toward ratios of school counselors, school social workers, and school psychologists to students recommended to enable such personnel to effectively address the needs of students; and (7) any other activity determined necessary by the eligible entity that meets the purpose of this part. (d) Limitation on administrative costs Not more than 4 percent of the amounts made available under this section for any fiscal year may be used for administrative costs to carry out this section. (e) Report Not later than 2 years after assistance is made available to eligible entities under subsection (a), the Secretary shall make publicly available a report— (1) evaluating the programs assisted pursuant to each grant under this section; and (2) outlining the information from eligible entities regarding the ratios of students to— (A) school counselors; (B) school social workers; and (C) school psychologists. (f) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing school-based counseling and mental health services to students. (g) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency; (B) an educational service agency serving more than 1 local educational agency; or (C) a consortium of local educational agencies. (2) School-based mental health services provider The term school-based mental health services provider has the meaning given the term in section 4102. (3) School counselor The term school counselor means an individual who meets the criteria for licensure or certification as a school counselor in the State where the individual is employed. (4) School psychologist The term school psychologist means an individual who is licensed or certified in school psychology by the State in which the individual is employed. (5) School social worker The term school social worker means an individual who is licensed or certified as a school social worker for the State in which the individual is employed. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. . 4005. Physical education program Title IV ( 20 U.S.C. 7101 et seq. ), as amended by sections 4001 and 4004, is further amended by adding at the end the following: D Physical education program 4401. Purpose The purpose of this part is to award grants and contracts to initiate, expand, and improve physical education programs for all students in kindergarten through grade 12. 4402. Program authorized (a) Authorization From amounts made available to carry out this part, the Secretary is authorized to award grants or contracts to local educational agencies and community-based organizations to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for students in kindergarten through grade 12, by— (1) providing materials and support to enable students to participate actively in physical education activities; and (2) providing funds for staff and teacher training and education relating to physical education. (b) Program elements A physical education program that receives assistance under this part may provide for 1 or more of the following: (1) Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (2) Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. (3) Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (4) Opportunities to develop positive social and cooperative skills through physical activity participation. (5) Instruction in healthy eating habits and good nutrition. (6) Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. (c) Special rule For purposes of this part, extracurricular activities, such as team sports and Reserve Officers' Training Corps program activities, shall not be considered as part of the curriculum of a physical education program assisted under this part. 4403. Applications (a) Submission Each local educational agency or community-based organization desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. (b) Private school and home-schooled students An application for a grant or contract under this part may provide for the participation, in the activities funded under this part, of— (1) students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or (2) home-schooled students, and their parents and teachers. 4404. Requirements (a) Annual report to the Secretary In order to continue receiving funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency or community-based organization shall submit to the Secretary an annual report that— (1) describes the activities conducted during the preceding year; and (2) demonstrates that progress has been made toward meeting State standards for physical education. (b) Administrative expenses Not more than 5 percent of the funds made available under this part to a local educational agency or community-based organization for any fiscal year may be used for administrative expenses. 4405. Administrative provisions (a) Federal share The Federal share under this part may not exceed— (1) 90 percent of the total cost of a program for the first year for which the program receives assistance under this part; and (2) 75 percent of such cost for the second and each subsequent such year. (b) Proportionality To the extent practicable, the Secretary shall ensure that grants awarded under this part are equitably distributed among local educational agencies, and community-based organizations, serving urban and rural areas. (c) Report to Congress Not later than June 1, 2017, the Secretary shall submit a report to Congress that— (1) describes the programs assisted under this part; (2) documents the success of such programs in improving physical fitness; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. (d) Availability of funds Amounts made available to the Secretary to carry out this part shall remain available until expended. 4406. Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities. 4407. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 4006. Family Engagement in Education Programs Title IV ( 20 U.S.C. 7101 et seq. ), as amended by sections 4001, 4004, and 4005, is further amended by adding at the end the following: E Family Engagement in Education Programs 4501. Purposes The purposes of this part are the following: (1) To provide financial support to organizations to provide technical assistance and training to State and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. (2) To assist State educational agencies, local educational agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, school leaders, administrators, and other school personnel in meeting the educational needs of children and fostering greater parental engagement. (3) To support State educational agencies, local educational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their children’s school in order to further the developmental progress of children. (4) To coordinate activities funded under this subpart with parent involvement initiatives funded under section 1115 and other provisions of this Act. (5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education. 4502. Grants authorized (a) Statewide family engagement centers From the amount appropriated under section 4506, the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organizations), to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out, or carry out directly, parent education and family engagement in education programs. (b) Minimum award In awarding grants under this section, the Secretary shall, to the extent practicable, ensure that a grant is awarded for a Statewide Family Engagement Center in an amount not less than $500,000. 4503. Applications (a) Submissions Each statewide organization, or a consortium of such organizations, that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and including the information described in subsection (b). (b) Contents Each application submitted under subsection (a) shall include, at a minimum, the following: (1) A description of the applicant’s approach to family engagement in education. (2) A description of the support that the Statewide Family Engagement Center that will be operated by the applicant will have from the State educational agency and any partner organization outlining the commitment to work with the center. (3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes— (A) management and governance; (B) statewide leadership; or (C) systemic services for family engagement in education. (4) A description of the applicant’s demonstrated experience in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. (5) A description of the steps the applicant will take to target services to low-income students and parents. (6) An assurance that the applicant will— (A) establish a special advisory committee, the membership of which includes— (i) parents, who shall constitute a majority of the members of the special advisory committee; (ii) representatives of education professionals with expertise in improving services for disadvantaged children; (iii) representatives of local elementary schools and secondary schools, including students; (iv) representatives of the business community; and (v) representatives of State educational agencies and local educational agencies; (B) use not less than 65 percent of the funds received under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students; (C) operate a Statewide Family Engagement Center of sufficient size, scope, and quality to ensure that the Center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (D) ensure that the Statewide Family Engagement Center will retain staff with the requisite training and experience to serve parents in the State; (E) serve urban, suburban, and rural local educational agencies and schools; (F) work with— (i) other Statewide Family Engagement Centers assisted under this subpart; and (ii) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; (G) use not less than 30 percent of the funds received under this part for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; (H) provide assistance to State educational agencies and local educational agencies and community-based organizations that support family members in supporting student academic achievement; (I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of services to address such needs; (J) conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult time engaging with a school or local educational agency; and (K) conduct outreach to low-income students and parents, including low-income students and parents who are not proficient in English. 4504. Uses of funds (a) In general Grantees shall use grant funds received under this part, based on the needs determined under section 4503, to provide training and technical assistance to State educational agencies, local educational agencies, and organizations that support family-school partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents— (1) to assist parents in participating effectively in their children’s education and to help their children meet State standards, such as assisting parents— (A) to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; (B) to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel; (C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D) to participate in the design and provision of assistance to students who are not making academic progress; (E) to participate in State and local decisionmaking; (F) to train other parents; and (G) to help the parents learn and use technology applied in their children's education; (2) to develop and implement, in partnership with the State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; and (3) to develop and implement parental involvement policies under this Act. (b) Matching funds for grant renewal For each fiscal year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that a portion of the services provided by the organization or consortium is supported through non-Federal contributions, which may be in cash or in-kind. (c) Technical assistance The Secretary shall reserve not more than 2 percent of the funds appropriated under section 4506 to carry out this part to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordination of Statewide Family Engagement Centers. (d) Rule of construction Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— (1) having its employees or agents meet with a parent at a site that is not on school grounds; or (2) working with another agency that serves children. (e) Parental rights Notwithstanding any other provision of this section— (1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2) no program or center assisted under this section shall take any action that infringes in any manner on the right of parents to direct the education of their children. 4505. Family engagement in Indian schools The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with local tribes, tribal organizations, or Indian nonprofit parent organizations to establish and operate Family Engagement Centers. 4506. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 through 2021.’’. V Empowering parents and expanding opportunity through innovation 5001. General provisions Title V ( 20 U.S.C. 7201 et seq. ) is amended— (1) by striking the title heading and inserting Empowering Parents and Expanding Opportunity Through Innovation ; (2) by striking part A; (3) by striking subparts 2 and 3 of part B; (4) by striking part D; (5) by redesignating parts B and C as parts A and B, respectively; (6) in part A, as redesignated by paragraph (5), by striking Subpart 1—Charter School Programs ; (7) by redesignating sections 5201 through 5211 as sections 5101 through 5111, respectively; (8) by redesignating sections 5301 through 5307 as sections 5201 through 5207, respectively; (9) by striking sections 5308 and 5310; and (10) by redesignating sections 5309 and 5311 as sections 5208 and 5209, respectively. 5002. Public charter schools Part A of title V ( 20 U.S.C. 7221 et seq. ), as redesignated by section 5001(5), is amended— (1) by striking sections 5101 through 5105, as redesignated by section 5001(7), and inserting the following: 5101. Purpose It is the purpose of this part to— (1) provide financial assistance for the planning, program design, and initial implementation of charter schools; (2) increase the number of high-quality charter schools available to students across the United States; (3) evaluate the impact of such schools on student achievement, families, and communities, and share best practices among charter schools and other public schools; (4) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (5) expand opportunities for children with disabilities, students who are English learners, and other traditionally underserved students to attend charter schools and meet the challenging State academic standards under section 1111(b)(1); and (6) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, monitoring, including financial audits, and evaluation of such schools. 5102. Program authorized (a) In general The Secretary is authorized to carry out a charter school program that supports charter schools that serve early childhood, elementary school, and secondary school students by— (1) supporting the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) the startup of charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (B) the dissemination of best practices of charter schools for all schools; (C) the evaluation of the impact of the charter school program under this part on schools participating in such program; and (D) stronger charter school authorizing. (b) Funding allotment From the amount made available under section 5111 for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 5104; (2) reserve not less than 25 percent to carry out national activities under section 5105; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 5103. (c) Prior grants and subgrants The recipient of a grant or subgrant under this part (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. 5103. Grants to support high-quality charter schools (a) State entity defined For purposes of this section, the term State entity means— (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. (b) Program authorized From the amount available under section 5102(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— (1) award subgrants to eligible applicants to enable such eligible applicants to— (A) open new charter schools; (B) replicate high-quality charter school models; or (C) expand high-quality charter schools; and (2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1), and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools. (c) State entity uses of funds (1) In general A State entity receiving a grant under this section shall— (A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (b)(1); (B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and (C) reserve not more than 3 percent of such funds for administrative costs, which may include the administrative costs of providing technical assistance. (2) Contracts and grants A State entity may use a grant received under this section to carry out the activities described in paragraph (1)(B) directly or through grants, contracts, or cooperative agreements. (3) Rules of construction (A) Use of lottery mechanisms Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or State entities from awarding subgrants to eligible applicants, that use a weighted lottery, or an equivalent lottery mechanism, to give better chances for school admission to all or a subset of educationally disadvantaged students if— (i) the use of a weighted lottery in favor of such students is not prohibited by State law, and such State law is consistent with the laws described in section 5110(2)(G); and (ii) such weighted lottery is not used for the purpose of creating schools exclusively to serve a particular subset of students. (B) Students with special needs Nothing in this paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writing. (d) Program periods; peer review; distribution of subgrants; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 3 years, and may be renewed by the Secretary for one additional 2-year period. (B) Subgrants A subgrant awarded by a State entity under this section— (i) shall be for a period of not more than 3 years, of which an eligible applicant may use not more than 18 months for planning and program design; and (ii) may be renewed by the State entity for one additional 2-year period. (2) Peer review The Secretary, and each State entity awarding subgrants under this section, shall use a peer-review process to review applications for assistance under this section. (3) Distribution of subgrants Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) prioritize eligible applicants that plan to serve a significant number of students from low-income families; (B) are distributed throughout different areas, including urban, suburban, and rural areas; and (C) will assist charter schools representing a variety of educational approaches. (4) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority under this Act with respect to charter schools supported under this part, except any such requirement relating to the elements of a charter school described in section 5110(2), if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such waiver will promote the purpose of this part. (e) Limitations (1) Grants A State entity may not receive more than 1 grant under this section at a time. (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for each grant period or renewal period, unless the eligible applicant demonstrates to the State entity that such individual charter school has demonstrated a strong track record of positive results over the course of the grant period regarding the elements described in subparagraphs (A) and (D) of section 5110(8). (f) Applications A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) Description of program A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the State entity will— (i) support the opening of new charter schools and, if applicable, the replication of high-quality charter schools and the expansion of high-quality charter schools, including the proposed number of charter schools to be opened, replicated, or expanded under the State entity’s program; (ii) inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; and (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; (iv) in the case of a State entity that is not a State educational agency— (I) work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (II) work with the State educational agency to operate the State entity’s program under this section, if applicable; (v) ensure that each eligible applicant that receives a subgrant under the State entity’s program— (I) is opening or expanding schools that meet the definition of a charter school under section 5110; and (II) is prepared to continue to operate such charter schools once the subgrant funds under this section are no longer available; (vi) support charter schools in local educational agencies with schools that have been identified by the State under section 1114(a)(1)(A); (vii) work with charter schools to promote inclusion of all students and support all students upon enrollment in order to promote retention of students in the school; (viii) work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to attend charter schools; (ix) share best and promising practices among charter schools and other public schools; (x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including children with disabilities and students who are English learners; and (xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D); (B) a description of how the State will monitor and hold authorized public chartering agencies accountable to ensure high-quality authorizing activity, such as by establishing authorizing standards and by approving, reapproving, and revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes, except that nothing in this subparagraph shall be construed to require a State to alter State law, policies, or procedures regarding State practices for holding accountable authorized public chartering agencies; (C) a description of the extent to which the State entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools; and (iii) will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school receiving funds under the State entity’s charter school program under this section; (D) a description of how the State entity will award subgrants, on a competitive basis, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— (I) a description of the roles and responsibilities of eligible applicants, and of any charter management organizations or other organizations with which the eligible applicant will partner to open charter schools, including the administrative and contractual roles and responsibilities of such partners; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, financial audits to ensure adequate fiscal oversight, how a school’s performance on the State’s accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revocation of the school’s charter, and procedures to be followed in the case of the closure or dissolution of a charter school; (III) a description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 5110; (IV) a description of the eligible applicant’s planned activities and expenditures of subgrant funds for purposes of opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, and how the eligible applicant will maintain fiscal sustainability after the end of the subgrant period; and (V) a description of how the eligible applicant will ensure that each charter school the eligible applicant operates will engage parents as partners in the education of their children; and (ii) a description of how the State entity will review applications from eligible applicants; (E) in the case of a State entity that partners with an outside organization to carry out the entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; (F) a description of how the State entity will help the charter schools receiving funds under the State entity’s program address the transportation needs of the schools’ students; and (G) a description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws. (2) Assurances Assurances that— (A) each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; (B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x); (C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the entity’s program— (i) ensures that the charter school under the authority of such agency is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (ii) adequately monitors and provides adequate technical assistance to each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and students who are English learners; (D) the State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by— (i) using annual performance data, which may include graduation rates and student academic growth data, as appropriate, to measure a school’s progress toward becoming a high-quality charter school; (ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring that any such audits are publically reported; and (iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; and (E) the State entity will ensure that each charter school in the State makes publicly available, consistent with the dissemination requirements of the annual State report card, including on the website of the school, information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, parent contract requirements (as applicable), including any financial obligations or fees, enrollment criteria (as applicable), and annual performance and enrollment data for each of the categories of students, as defined in section 1111(b)(3)(A). (3) Requests for waivers (A) Federal statute and regulation A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the entity’s program under this section. (B) State and local rules A description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to such schools or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request necessary waivers, if applicable. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— (A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law; (B) the proposed number of new charter schools to be opened, and, if applicable, the number of high-quality charter schools to be replicated or expanded under the program, and the number of new students to be served by such schools; (C) the likelihood that the schools opened, replicated, or expanded by eligible applicants receiving subgrant funds will increase the academic achievement of the school’s students and progress toward becoming high-quality charter schools; (D) the quality of the State entity’s plan to— (i) monitor the eligible applicants receiving subgrants under the State entity’s program; and (ii) provide technical assistance and support for— (I) the eligible applicants receiving subgrants under the State entity’s program; and (II) quality authorizing efforts in the State; and (E) the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of the charter schools in the State. (2) Priority In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: (A) The State entity is located in a State that— (i) allows at least one entity that is not the local educational agency to be an authorized public chartering agency for each developer seeking to open a charter school in the State; or (ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures that charter schools receive equitable financing, as compared to traditional public schools, in a prompt manner. (C) The State entity is located in a State that provides charter schools one or more of the following: (i) Funding for facilities. (ii) Assistance with facilities acquisition. (iii) Access to public facilities. (iv) The ability to share in bonds or mill levies. (v) The right of first refusal to purchase public school buildings. (vi) Low- or no-cost leasing privileges. (D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies. (E) The State entity supports charter schools that support at-risk students through activities such as dropout prevention or dropout recovery. (F) The State entity ensures that each charter school has a high degree of autonomy over the charter school’s budget and operations, including autonomy over personnel decisions. (G) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening a new charter school, replicating a high-quality charter school, or expanding a high-quality charter school, which may include— (1) supporting the acquisition, expansion, or preparation of a charter school building to meet increasing enrollment needs, including financing the development of a new building and ensuring that a school building complies with applicable statutes and regulations; (2) paying costs associated with hiring additional teachers to serve additional students; (3) providing transportation to students to and from the charter school; (4) providing instructional materials, implementing teacher and principal or other school leader professional development programs, and hiring additional nonteaching staff; (5) supporting any necessary activities that assist the charter school in carrying out this section, such as preparing individuals to serve as members of the charter school’s board; and (6) providing early childhood education programs for children, including direct support to, and coordination with, school- or community-based early childhood education programs. (i) Reporting requirements Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the grant period and at the end of any renewal period, a report that includes the following: (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the grant period. (2) The number and amount of subgrants awarded under this section to carry out each of the following: (A) The opening of new charter schools. (B) The replication of high-quality charter schools. (C) The expansion of high-quality charter schools. (3) The progress the State entity made toward meeting the priorities described in subparagraphs (E) through (G) of subsection (g)(2). (4) A description of— (A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; (B) how the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that receive subgrant funds, if applicable; and (C) how each recipient of a subgrant under this section uses the subgrant funds on early childhood education programs described in subsection (h)(6), if such recipient chooses to use such funds on such programs. 5104. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 5102(b)(1), the Secretary shall use not less than 50 percent to award not less than 3 grants, on a competitive basis, to eligible entities that have the highest-quality applications approved under subsection (d) to demonstrate innovative methods of helping charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined For the purposes of this section, the term eligible entity means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities that the eligible entity proposes to carry out with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding that charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under this section shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private-sector capital to accomplish one or more of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, including predevelopment costs, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (3) The predevelopment costs that are required to assess sites for purposes of paragraph (1) or (2) and that are necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools in accomplishing the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in such subsection. (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under this section and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with this subsection. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of the entity’s operations and activities under this section. (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities carried out by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds that may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under this section (excluding subsection (k)), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in such subsection. (2) Exercise of authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act. (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely to funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 5102(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations, and such organizations may provide not more than 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such grant funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant In accordance with the method of determination described in section 1117, funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special rule A State that is required under State law to provide its charter schools with access to adequate facility space may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 5105. National activities (a) In general From the amount reserved under section 5102(b)(2), the Secretary shall— (1) use not less than 80 percent of such funds to award grants in accordance with subsection (b); and (2) use the remainder of such funds to— (A) disseminate technical assistance to State entities in awarding subgrants under section 5103(b)(1)(A); (B) disseminate best practices regarding public charter schools; (C) evaluate the impact of the charter school program carried out under this part, including the impact on student achievement; and (D) award grants, on a competitive basis, for the purpose of carrying out the activities described in section 5103(h), to eligible applicants that desire to open a charter school, replicate a high-quality charter school, or expand a high-quality charter school in— (i) a State that did not apply for a grant under section 5103; or (ii) a State that did not receive a grant under section 5103. (b) Grants for the replication and expansion of high-quality charter schools The Secretary shall make grants, on a competitive basis, to eligible entities having applications approved under paragraph (2) to enable such entities to replicate a high-quality charter school or expand a high-quality charter school. (1) Definition of eligible entity For purposes of this subsection, the term eligible entity means— (A) a charter management organization that, at the time of the application, operates or manages one or more high-quality charter schools; or (B) a nonprofit organization that oversees and coordinates the activities of a group of such charter management organizations. (2) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) A description of the eligible entity’s objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools to be replicated or expanded with funding under this subsection. (B) A description of the educational program that the eligible entity will implement in the charter schools that the eligible entity proposes to replicate or expand, including information on how the program will enable all students to meet the challenging State academic standards under section 1111(b)(1), the grade levels or ages of students who will be served, and the instructional practices that will be used. (C) A multi-year financial and operating model for the eligible entity, including a description of how the operation of the charter schools to be replicated or expanded will be sustained after the grant under this subsection has ended. (D) A description of how the eligible entity will inform all students in the community, including children with disabilities, students who are English learners, and other educationally disadvantaged students, about the charter schools to be replicated or expanded with funding under this subsection. (E) For each charter school currently operated or managed by the eligible entity— (i) student assessment results for all students and for each category of students described in section 1111(b)(2)(B)(xi); and (ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates (as such rates were calculated on the day before enactment of the Every Child Achieves Act of 2015). (F) Information on any significant compliance issues encountered, within the last 3 years, by any school operated or managed by the eligible entity, including in the areas of student safety and financial management. (G) A request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of the charter schools to be replicated or expanded with funding under this subsection. (3) Selection criteria The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (2), after taking into consideration such factors as— (A) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for all students attending the charter schools the eligible entity operates or manages; (B) the degree to which the eligible entity has demonstrated success in increasing academic achievement and attainment for each of the categories of students, as defined in section 1111(b)(3)(A); (C) the quality of the eligible entity’s financial and operating model as described under paragraph (2)(C), including the quality of the eligible entity’s plan for sustaining the operation of the charter schools to be replicated or expanded after the grant under this subsection has ended; (D) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that— (i) have been closed; (ii) have had a school charter revoked due to problems with statutory or regulatory compliance; or (iii) have had the school’s affiliation with the eligible entity revoked; and (E) a determination that the eligible entity has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school’s charter. (4) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that operate or manage charter schools that, in the aggregate, serve students at least 60 percent of whom are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act. (5) Terms and conditions Except as otherwise provided in this subsection, grants awarded under subsection (a)(2)(D) and this subsection shall have the same terms and conditions as grants awarded to State entities under section 5103. ; (2) in section 5106 ( 20 U.S.C. 7221e ), as redesignated by section 5001(7), by adding at the end the following: (c) New or significantly expanding charter schools For purposes of implementing the hold harmless protections in sections 1122(c) and 1125A(g)(3) for a newly opened or significantly expanded charter school under subsection (a), a State educational agency shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school. ; (3) in section 5108 ( 20 U.S.C. 7221g ), as redesignated by section 5001(7), by inserting as quickly as possible and before to the extent practicable ; (4) in section 5110 ( 20 U.S.C. 7221i ), as redesignated by section 5001(7)— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (5), and (6), respectively; (B) by redesignating paragraph (4) as paragraph (1), and moving such paragraph so as to precede paragraph (2), as redesignated by subparagraph (A); (C) in paragraph (2), as redesignated by subparagraph (A)— (i) in subparagraph (G), by striking , and part B and inserting , the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), and part B ; (ii) by striking subparagraph (H) and inserting the following: (H) is a school to which parents choose to send their children, and that— (i) admits students on the basis of a lottery, if more students apply for admission than can be accommodated; or (ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); ; (iii) by striking subparagraph (I) and inserting the following: (I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State; ; (iv) in subparagraph (K), by striking and at the end; (v) in subparagraph (L), by striking the period at the end and inserting ; and ; and (vi) by adding at the end the following: (M) may serve students in early childhood education programs or postsecondary students. ; (D) by inserting after paragraph (2), as redesignated by subparagraph (A), the following: (3) Charter management organization The term charter management organization means a nonprofit organization that operates or manages multiple charter schools by centralizing or sharing certain functions or resources. (4) Charter school support organization The term charter school support organization means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide basis— (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to operating charter schools. ; (E) in paragraph (6)(B), as redesignated by subparagraph (A), by striking under section 5203(d)(3) ; and (F) by adding at the end the following: (7) Expansion of a high-quality charter school The term expansion of a high-quality charter school means increasing the enrollment at a high-quality charter school by not less than 50 percent or adding 2 or more grades to a high-quality charter school. (8) High-quality charter school The term high-quality charter school means a charter school that— (A) shows evidence of strong academic results, which may include strong student academic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the categories of students, as defined in section 1111(b)(3)(A), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (9) Replication of a high-quality charter school The term replication of a high-quality charter school means the opening of a charter school— (A) under an existing charter or an additional charter, if permitted by State law; (B) based on the model of a high-quality charter school; and (C) that will be operated or managed by the same nonprofit organization that operates or manages such high-quality charter school under an existing charter. ; and (5) by striking section 5111 ( 20 U.S.C. 7221j ), as redesignated by section 5001(7), and inserting the following: 5111. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5003. Magnet schools assistance Part B of title V ( 20 U.S.C. 7231 et seq. ), as redesignated by section 5001(5), is amended— (1) in section 5201(b), as redesignated by section 5001(8)— (A) in paragraph (1)— (i) by inserting and the increase of socioeconomic integration before in elementary schools and secondary schools ; and (ii) by inserting low-income and before minority students ; (B) in paragraph (2)— (i) by striking and implementation and inserting , implementation, and expansion ; and (ii) by striking content standards and student academic achievement standards and inserting standards under section 1111(b)(1) ; (C) in paragraph (3), by striking and design and inserting , design, and expansion ; (D) in paragraph (4), by striking vocational and inserting career ; and (E) in paragraph (6), by striking productive employment and inserting to enter into the workforce without the need for postsecondary education ; (2) in section 5202, as redesignated by section 5001(8), by striking backgrounds and inserting , ethnic, and socioeconomic backgrounds ; (3) in section 5205(b), as redesignated by section 5001(8)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting any available evidence on before how the proposed magnet school programs ; (ii) in subparagraph (B), by inserting , including any evidence available to support such description before the semicolon; (iii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (iv) by inserting after subparagraph (C) the following: (D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student achievement and integration; ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking will ; (ii) in subparagraph (A)— (I) by inserting will before use grant funds ; and (II) by striking section 5301(b) and inserting section 5201(b) ; (iii) in subparagraph (B), by striking employ highly qualified and inserting will employ effective ; (iv) in subparagraph (C), by striking not engage in and inserting is not currently engaging in and will not engage in ; (v) in subparagraph (D), by inserting will before carry out; and (vi) in subparagraph (E), by inserting will before give students ; (4) in section 5206, as redesignated by section 5001(8), by striking paragraph (2) and inserting the following: (2) propose to— (A) carry out a new, evidence-based magnet school program; (B) significantly revise an existing magnet school program, using evidence-based methods and practices, as available; or (C) expand an existing magnet school program that has a demonstrated record of success in increasing student academic achievement, reducing isolation of minority groups, and increasing socioeconomic integration; and ; (5) in section 5207, as redesignated by section 5001(8)— (A) in subsection (a)— (i) in paragraph (3), by striking who are highly qualified ; (ii) in paragraph (6), by striking and at the end; (iii) in paragraph (7), by striking the period and inserting ; and ; and (iv) by adding at the end the following: (8) to enable the local educational agency, or consortium of such agencies, or other organizations partnered with such agency or consortium, to establish, expand, or strengthen inter-district and regional magnet programs. ; and (B) in subsection (b), by striking the State's challenging academic content and all that follows through the period and inserting the challenging State academic standards under section 1111(b)(1) or are directly related to improving student academic, career, or technological skills and professional skills. ; (6) in section 5208, as redesignated by section 5001(10)— (A) in subsection (a), by striking for a period and all that follows through the period and inserting for an initial period of not more than 3 fiscal years, and may be renewed for not more than an additional 2 years if the Secretary finds that the recipient of a grant under this part is achieving the intended outcomes of the grant and shows improvement in increasing student academic achievement, reducing minority group isolation, and increasing socioeconomic integration, or other indicators of success established by the Secretary. ; and (B) in subsection (d), by striking July and inserting June ; and (7) in section 5209, as redesignated by section 5001(10)— (A) in subsection (a), by striking $125,000,000 and all that follows through the period and inserting such sums as may be necessary for each of fiscal years 2016 through 2021. ; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Reservation for technical assistance The Secretary may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assistance and carry out dissemination projects with respect to magnet school programs assisted under this part. . 5004. Supporting high-ability learners and learning Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part B the following: C Supporting high-ability learners and learning 5301. Short title This part may be cited as the Jacob K. Javits Gifted and Talented Students Education Act of 2015 . 5302. Purpose The purpose of this part is to initiate a coordinated program of evidence-based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to meet the special educational needs of gifted and talented students. 5303. Rule of construction Nothing in this part shall be construed to prohibit a recipient of funds under this part from serving gifted and talented students simultaneously with students with similar educational needs, in the same educational settings, where appropriate. 5304. Authorized programs (a) Establishment of program (1) In general The Secretary (after consultation with experts in the field of the education of gifted and talented students) is authorized to make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, other public agencies, and other private agencies and organizations to assist such agencies, institutions, and organizations in carrying out programs or projects authorized by this part that are designed to meet the educational needs of gifted and talented students, including the training of personnel in the education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students. (2) Application Each entity seeking assistance under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall describe how— (A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use by all students; and (B) the proposed programs can be evaluated. (b) Use of funds Programs and projects assisted under this section may include each of the following: (1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods to serve all students. (2) Establishing and operating model projects and exemplary programs for serving gifted and talented students, including innovative methods for identifying and educating students who may not be served by traditional gifted and talented programs (such as summer programs, mentoring programs, service learning programs, and cooperative programs involving business, industry, and education). (3) Implementing innovative strategies, such as cooperative learning, peer tutoring, and service learning. (4) Carrying out programs of technical assistance and information dissemination, including assistance and information with respect to how gifted and talented programs and methods, where appropriate, may be adapted for use by all students. (c) Special rule To the extent that the amount of funds appropriated to carry out this part for a fiscal year beginning with fiscal year 2016 exceed the amount of $7,500,000, the Secretary shall use such excess funds to award grants, on a competitive basis, to State educational agencies, local educational agencies, or both, to implement activities described in subsection (b). (d) Center for research and development (1) In general The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of carrying out activities described in subsection (b). (2) Director The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations. (3) Funding For each fiscal year, the Secretary may use not more than $2,250,000 to carry out this subsection. (e) Coordination Evidence-based activities supported under this part— (1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and (2) may include collaborative evidence-based activities which are jointly funded and carried out with such Institute. 5305. Program priorities (a) General priority In carrying out this part, the Secretary shall give highest priority to programs and projects designed to develop new information that— (1) improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; and (2) assists schools in the identification of, and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional assessment methods. (b) Service priority The Secretary shall ensure that not less than 50 percent of the applications approved under section 5304(a)(2) in a fiscal year address the priority described in subsection (a)(2). 5306. General provisions (a) Participation of private school children and teachers In making grants and entering into contracts under this part, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students. (b) Review, dissemination, and evaluation The Secretary shall— (1) use a peer-review process in reviewing applications under this part; (2) ensure that information on the activities and results of programs and projects funded under this part is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including nonprofit private organizations; and (3) evaluate the effectiveness of programs under this part in accordance with section 9601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of the Every Child Achieves Act of 2015. (c) Program operations The Secretary shall ensure that the programs under this part are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall— (1) administer and coordinate the programs authorized under this part; (2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet such needs; (3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and (4) disseminate, and consult on, the information developed under this part with other offices within the Department. 5307. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5005. Education innovation and research Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part C, as added by section 5004, the following: D Education Innovation and research 5401. Grants for education innovation and research (a) Program authorized From funds appropriated under subsection (e), the Secretary shall make grants to eligible entities for the development, implementation, replication, or scaling and rigorous testing of entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment for high-need students, including— (1) early-phase grants to fund the development, implementation, and feasibility testing of a program that prior research suggests has promise, for the purpose of determining whether the program can successfully improve student achievement or attainment for high-need students; (2) mid-phase grants to fund implementation and a rigorous evaluation of a program that has been successfully implemented under an early-phase grant or other effort meeting similar criteria, for the purpose of measuring the program's impact and cost effectiveness, if possible using existing administrative data; or (3) expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable, important impacts under a mid-phase grant or other effort meeting similar criteria, for the purpose of determining whether such impacts can be successfully reproduced and sustained over time, and identifying the conditions in which the program is most effective. (b) Eligible entity In this section, the term eligible entity means any of the following: (1) A local educational agency. (2) A State educational agency. (3) A consortium of State educational agencies or local educational agencies. (4) A State educational agency or a local educational agency, in partnership with— (A) a nonprofit organization; (B) a small business; (C) a charter management organization; (D) an educational service agency; or (E) an institution of higher education. (c) Rural areas In awarding grants under subsection (a), the Secretary shall ensure that not less than 25 percent of the funds for any fiscal year are awarded for projects that meet both of the following requirements: (1) The grantee is— (A) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (B) a consortium of such local educational agencies; or (C) an educational service agency or a nonprofit organization in partnership with such a local educational agency. (2) A majority of the schools to be served by the project are designated with a school locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary. (d) Matching funds In order to receive a grant under subsection (a), an eligible entity shall demonstrate that the eligible entity will provide matching funds in an amount equal to 10 percent of the funds provided under a grant under this part, except that the Secretary may waive the matching funds requirement, on a case-by-case basis, upon a showing of exceptional circumstances, such as— (1) the difficulty of raising matching funds for a project to serve a rural area; (2) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17— (A) who are in poverty, as counted in the most recent census data approved by the Secretary; (B) who are eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act; (C) whose families receive assistance under the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (D) who are eligible to receive medical assistance under the Medicaid program; and (3) the difficulty of raising funds in designated tribal areas. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. . 5006. Accelerated learning Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part D, as added by section 5005, the following: E Accelerated learning 5501. Short title This part may be cited as the Accelerated Learning Act of 2015 . 5502. Purposes The purposes of this part are— (1) to raise student academic achievement through accelerated learning programs, including Advanced Placement and International Baccalaureate programs, dual or concurrent enrollment programs, and early college high schools that provide postsecondary-level instruction, examinations, or sequences of courses that are widely accepted for credit at institutions of higher education; (2) to increase the number of students attending high-need schools who enroll and succeed in accelerated learning courses, accelerated learning examinations, dual or concurrent enrollment programs, and early college high school courses; (3) to support efforts by States and local educational agencies to increase the availability of, and enrollment in, accelerated learning courses, pre-accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses in high-need schools; and (4) to provide high-quality professional development for teachers of accelerated learning courses, pre-accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses in high-need schools. 5503. Funding distribution rule From amounts appropriated under section 5508 for a fiscal year, the Secretary shall give priority to funding activities under section 5504 and shall distribute any remaining funds under section 5505. 5504. Accelerated learning examination fee program (a) Grants authorized From amounts made available under section 5503 for a fiscal year, the Secretary shall award grants to State educational agencies having applications approved under this section to enable the State educational agencies to reimburse low-income students to cover part or all of the costs of accelerated learning examination fees, if the low-income students— (1) are enrolled in accelerated learning courses; and (2) plan to take accelerated learning examinations. (b) Award basis In determining the amount of the grant awarded to a State educational agency under this section for a fiscal year, the Secretary shall consider the number of children eligible to be counted under section 1124(c) in the State in relation to the number of such children so counted in all States. (c) Information dissemination A State educational agency that is awarded a grant under this section shall make publicly available information regarding the availability of accelerated learning examination fee payments under this section, and shall disseminate such information to eligible high school students and parents, including through high school teachers and counselors. (d) Applications Each State educational agency desiring to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. At a minimum, each State educational agency application shall— (1) describe the accelerated learning examination fees the State educational agency will pay on behalf of low-income students in the State from grant funds awarded under this section; (2) provide an assurance that any grant funds awarded under this section will be used only to pay for accelerated learning examination fees; and (3) contain such information as the Secretary may require to demonstrate that the State educational agency will ensure that a student is eligible for payments authorized under this section, including ensuring that the student is a low-income student. (e) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section. (f) Report (1) In general Each State educational agency awarded a grant under this section shall, with respect to each accelerated learning course subject, annually report to the Secretary the following data for the preceding year: (A) The number of students in the State who are taking an accelerated learning course in such subject. (B) The number of accelerated learning examinations taken by students in the State who have taken an accelerated learning course in such subject. (C) The number of students in the State scoring at each level on accelerated learning examinations in such subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (D) Demographic information regarding students in the State taking accelerated learning courses and accelerated learning examinations in such subject, disaggregated by race, ethnicity, sex, English proficiency status, and socioeconomic status. (2) Report to Congress The Secretary shall annually compile the information received from each State educational agency under paragraph (1) and report to the authorizing committees of Congress regarding the information. (g) Bureau of Indian Education as State educational agency For purposes of this section, the Bureau of Indian Education shall be treated as a State educational agency. 5505. Accelerated learning incentive program grants (a) Grants authorized (1) In general From amounts made available under section 5503 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to carry out the authorized activities described in subsection (e). (2) Duration, renewal, and payments (A) Duration The Secretary shall award a grant under this section for a period of not more than 3 years. (B) Renewal The Secretary may renew a grant awarded under this section for an additional period of not more than 2 years, if an eligible entity— (i) is achieving the objectives of the grant; and (ii) has shown improvement against baseline data on the performance measures described in subparagraphs (A) through (E) of subsection (g)(1). (b) Definition of eligible entity In this section, the term eligible entity means— (1) a State educational agency; (2) a local educational agency; or (3) a partnership consisting of— (A) a national, regional, or statewide nonprofit organization, with expertise and experience in providing accelerated learning course services, dual or concurrent enrollment programs, and early college high school courses; and (B) a State educational agency or local educational agency. (c) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents The application shall, at a minimum, include a description of— (A) the goals and objectives for the project supported by the grant under this section, including— (i) increasing the number of teachers serving high-need schools who are qualified to teach accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (ii) increasing the number of accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses that are offered at high-need schools; and (iii) increasing the number of students attending a high-need school, particularly low-income students, who enroll and succeed in— (I) accelerated learning courses; (II) if offered by the school, pre-accelerated learning courses; (III) dual or concurrent enrollment programs; and (IV) early college high school courses; (B) how the eligible entity will ensure that students have access to courses that will prepare them to enroll and succeed in accelerated learning courses, pre-accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (C) how the eligible entity will provide professional development for teachers that will further the goals and objectives of the grant project; (D) how the eligible entity will ensure that teachers serving high-need schools are qualified to teach accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (E) how the eligible entity will provide for the involvement of business and community organizations and other entities, including institutions of higher education, in carrying out the activities described in subsection (e); (F) how the eligible entity will use funds received under this section; and (G) how the eligible entity will evaluate the success of the grant project. (d) Priority In awarding grants under this section, the Secretary shall give priority to applications from eligible entities that propose to carry out activities in a local educational agency that is eligible under the small rural school achievement program or the rural and low-income school program authorized under subpart 1 or 2 of part B of title VI. (e) Authorized activities Each eligible entity that receives a grant under this section may use grant funds for— (1) high-quality teacher professional development, in order to expand the pool of teachers in the participating State, local educational agency, or high-need school who are qualified to teach accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses, including through innovative models such as online academies and training institutes; (2) high-quality teacher and counselor professional development to prepare students for success in accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (3) coordination and articulation between grade levels to prepare students to enroll and succeed in accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (4) the purchase of instructional materials for accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (5) activities to increase the availability of, and participation in, online accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; (6) carrying out the requirements of subsection (g); or (7) in the case of an eligible entity described in subsection (b)(1), awarding subgrants to local educational agencies to enable the local educational agencies to carry out authorized activities described in paragraphs (1) through (6). (f) Contracts An eligible entity that is awarded a grant to provide online courses under this section may enter into a contract with an organization to provide accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses, including contracting for necessary support services. (g) Collecting and reporting requirements (1) Report Each eligible entity receiving a grant under this section shall collect and report to the Secretary annually such data regarding the results of the grant as the Secretary may reasonably require, including— (A) the number of students served by the eligible entity enrolling in accelerated learning courses, pre-accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses, disaggregated by grade level of the student, and the grades received by such students in the courses; (B) the number of students taking an accelerated learning examination and the distribution of scores on those examinations, disaggregated by the grade level of the student at the time of examination; (C) the number of teachers who, as of the date of the report, are receiving training to teach accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses, and will teach such courses in the next school year; (D) the number of teachers becoming qualified to teach accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses; and (E) the number of qualified teachers who are teaching accelerated learning courses, dual or concurrent enrollment programs, and early college high school courses in high-need schools served by the eligible entity. (2) Reporting of data Each eligible entity receiving a grant under this section shall report the data required under paragraph (1)— (A) disaggregated by subject area; (B) in the case of student data, disaggregated in the same manner as information is disaggregated under section 1111(b)(2)(B)(xi); and (C) in a manner that allows for an assessment of the effectiveness of the grant program. (h) Evaluation The Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the activities supported under this section, including progress as measured by the performance measures established under subparagraphs (A) through (E) of subsection (g)(1). (i) Matching requirement (1) In general Each eligible entity that receives a grant under this section shall provide toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant, except that an eligible entity that is a high-need local educational agency, as determined by the Secretary, shall provide an amount equal to not more than 50 percent of the amount of the grant. (2) Matching funds The eligible entity may provide the matching funds described in paragraph (1) in cash or in kind, fairly evaluated, but may not provide more than 50 percent of the matching funds in kind. The eligible entity may provide the matching funds from State, local, or private sources. (3) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement to such eligible entity would result in serious hardship or an inability to carry out the authorized activities described in subsection (e). 5506. Supplement, not supplant Grant funds provided under this part shall supplement, and not supplant, other non-Federal funds that are available to assist low-income students to pay for the cost of accelerated learning fees or to expand access to accelerated learning and pre-accelerated learning courses. 5507. Definitions In this part: (1) Accelerated learning course The term accelerated learning course means— (A) a course of postsecondary-level instruction provided to middle or high school students, terminating in an Advanced Placement or International Baccalaureate examination; or (B) another highly rigorous, evidence-based, postsecondary preparatory program terminating in— (i) an examination or sequence of courses that are widely accepted for credit at institutions of higher education; or (ii) another examination or sequence of courses approved by the Secretary. (2) Accelerated learning examination The term accelerated learning examination means an Advanced Placement examination administered by the College Board, an International Baccalaureate examination administered by the International Baccalaureate, an examination that is widely accepted for college credit, or another such examination approved by the Secretary. (3) High-need school The term high-need school means a high school— (A) with a demonstrated need for Advanced Placement or International Baccalaureate courses, dual or concurrent enrollment programs, or early college high school courses; and (B) that— (i) has a high concentration of low-income students; or (ii) is a local educational agency that is eligible, as determined by the Secretary, under the small, rural school achievement program, or the rural and low-income school program, authorized under subpart 1 or 2 of part B of title VI. (4) Low-income student The term low-income student means a student who is eligible for a free or reduced price lunch under the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). 5508. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5007. Ready-to-Learn Television Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part E, as added by section 5006, the following: F Ready-to-Learn Television 5601. Ready-To-Learn (a) Program authorized; ready-To-Learn (1) In general The Secretary is authorized to award grants to, or enter into contracts or cooperative agreements with, eligible entities described in paragraph (3) to enable such entities— (A) to develop, produce, and distribute educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; (B) to facilitate the development, directly or through contracts with producers of children's and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and services that promote the effective use of such programming; (C) to facilitate the development of programming and digital content containing Ready-to-Learn-based children's programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations' digital broadcasting channels and the Internet; (D) to contract with entities (such as public telecommunications entities) so that programs developed under this section are disseminated and distributed to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and (E) to develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that are designed— (i) to promote school readiness; and (ii) to promote the effective use of materials developed under subparagraphs (B) and (C) among parents, teachers, Head Start providers, providers of family literacy services, child care providers, early childhood development personnel, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children. (2) Availability In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, and providers of family literacy services to increase the effective use of such programming. (3) Eligible entities To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children. (B) A capacity to contract with the producers of children's television programming for the purpose of developing educational television programming of high quality. (C) A capacity, consistent with the entity's mission and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. (D) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level. (4) Coordination of activities An entity receiving a grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services— (A) to maximize the utilization of quality educational programming by preschool and elementary school children, and make such programming widely available to federally funded programs serving such populations; and (B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ) and State training activities funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), regarding the availability and utilization of materials developed under paragraph (1)(E) to enhance parent and child care provider skills in early childhood development and education. (b) Applications To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (c) Reports and evaluations (1) Annual report to the Secretary An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report that contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: (A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target population of the programs developed. (B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming. (C) The means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available, and the geographic distribution achieved through such technologies. (D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and instructional programming. (2) Report to Congress The Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual report that includes the following: (A) A summary of the activities assisted under subsection (a). (B) A description of the education and training materials made available under subsection (a)(1)(E), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection. (d) Administrative costs An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement. (e) Funding rule Not less than 60 percent of the amount appropriated under subsection (f) for each fiscal year shall be used to carry out activities under subparagraphs (B) through (D) of subsection (a)(1). (f) Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . 5008. Innovative technology expands children's horizons (I–TECH) Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part F, as added by section 5007, the following: G Innovative technology expands children's horizons (I–TECH) 5701. Purposes The purposes of this part are— (1) to improve the achievement, academic growth, and college and career readiness of all students; (2) to ensure that all students have access to personalized, rigorous learning experiences that are supported through technology; (3) to ensure that educators have the knowledge and skills to use technology, including computer-based assessments and blended learning strategies, to personalize learning; (4) to ensure that local educational agency and school leaders have the skills required to implement, and support school- and district-wide approaches for using technology to inform instruction, support teacher collaboration, and personalize learning; (5) to ensure that students in rural, remote, and underserved areas have the resources to take advantage of high-quality digital learning experiences, digital resources, and access to online courses taught by effective educators; (6) to ensure that students have increased access to online dual or concurrent enrollment opportunities, career and technical courses, and programs leading to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )), and courses taught by educators, including advanced coursework; and (7) to ensure that State educational agencies, local educational agencies, elementary schools, and secondary schools have the technological capacity, infrastructure, and technical support necessary to meet purposes described in paragraphs (1) through (6). 5702. Definitions In this part: (1) Digital learning The term digital learning means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data, data analytics, and information to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital learning content, software, or simulations; (G) access to online courses; (H) mobile devices for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace; (K) access to online course opportunities for students in rural or remote areas; and (L) discovery, modification, and sharing of openly licensed digital learning materials. (2) Eligible technology The term eligible technology means modern computer, and communication technology software, services, or tools, including computer or mobile devices, whether for use in school or at home, software applications, systems and platforms, digital learning content, and related services, supports, and strategies, which may include strategies to assist eligible children without adequate Internet access at home to complete homework. (3) Technology readiness survey The term technology readiness survey means a survey completed by a local educational agency that provides standardized information on the quantity and types of technology infrastructure and access available to the students and in the community served by the local educational agency, including computer devices, access to school libraries, Internet connectivity (including Internet access outside of the school day), operating systems, related network infrastructure, data systems, educator professional learning needs and priorities, and data security. (4) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). 5702A. Restriction Funds awarded under this part shall not be used to address the networking needs of an entity that is eligible to receive support under the E-rate program. 5703. Technology grants program authorized (a) In general From the amounts appropriated under section 5708, the Secretary may reserve not more than 1.5 percent for national activities to support grantees and shall award the remainder to State educational agencies to strengthen State and local technological infrastructure and professional learning that supports digital learning through State activities under section 5705(c) and local activities under section 5706(c). (b) Grants to State educational agencies (1) Reservations From the amounts appropriated under section 5708 for any fiscal year, the Secretary shall reserve— (A) three-fourths of 1 percent for the Secretary of the Interior to provide assistance under this part for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this part to the outlying areas. (2) Grant allotments From the amounts appropriated under section 5708 for any fiscal year and remaining after the Secretary makes reservations under paragraph (1), the Secretary shall make a grant for the fiscal year to each State educational agency with an approved application under section 5704 in an amount that bears the same relationship to such remainder as the amount the State educational agency received under part A of title I for such year bears to the amount all State educational agencies with an approved application under section 5704 received under such part for such year. (c) Minimum The amount of a grant to a State educational agency under subsection (b)(2) for a fiscal year shall not be less than one-half of 1 percent of the total amount made available for grants to all State educational agencies under such subsection for such year. (d) Reallotment of unused funds If any State educational agency does not apply for a grant under section 5704 for a fiscal year, or does not use the State educational agency's entire grant allotment under subsection (b)(2) for such year, the Secretary shall reallot the amount of the State educational agency’s grant, or the unused portion of the grant allotment, to the remaining State educational agencies that use their entire grant amounts under subsection (b)(2) for such year. (e) Matching funds (1) In general A State educational agency that receives a grant under subsection (b)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 10 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in kind, except that any such in kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 5705(c). (2) Waiver The Secretary may waive the matching requirement under paragraph (1) for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 5704. State applications (a) Application To receive a grant under section 5703(b)(2), a State educational agency shall submit to the Secretary an application at such time and in such manner as the Secretary may require and containing the information described in subsection (b). (b) Contents Each application submitted under subsection (a) shall include the following: (1) A description of how the State educational agency will meet the following goals: (A) Use technology to ensure that all students achieve college and career readiness and digital literacy, including by providing high-quality education opportunities to economically or geographically isolated student populations. (B) Provide educators, school leaders, and administrators with the professional learning tools, devices, content, and resources to— (i) personalize learning to improve student academic achievement; and (ii) discover, adapt, and share relevant high-quality open educational resources. (C) Enable local educational agencies to build technological capacity and infrastructure. (2) An assurance that each local educational awarded a subgrant under this part has conducted a technology readiness survey and will take steps to address the identified readiness gaps not later than 3 years after the completion of the survey by the local educational agency. (3) An assurance that the State educational agency will ensure that the State educational agency’s technology systems and school-based technology systems are interoperable. (4) An assurance that the State educational agency will consider making content widely available through open educational resources when making purchasing decisions with funds received under this part. (5) A description of how the State educational agency will award subgrants to local educational agencies under section 5706. (6) A description of the process, activities, and performance measures that the State educational agency will use to evaluate the impact and effectiveness of the grant and subgrant funds awarded under this part across the State and in each local educational agency. (7) An assurance that the State educational agency consulted with local educational agencies in the development of the State educational agency’s application under this subsection. (8) An assurance that the State educational agency will provide matching funds as required under section 5703(e). (9) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) and section 445 of the General Education Provisions Act ( 20 U.S.C. 1232h ). (10) An assurance that funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. 5705. State use of grant funds (a) Reservation for subgrants To support technology infrastructure Each State educational agency that receives a grant under section 5703(b)(2) shall expend not less than 90 percent of the grant amount for each fiscal year to award subgrants to local educational agencies in accordance with section 5706. (b) Reservation for State activities (1) In general A State educational agency shall reserve not more than 10 percent of the grant received under section 5703(b)(2) for the State activities described in subsection (c). (2) Grant administration (A) In general Subject to subparagraph (B), of the amount reserved by a State educational agency under paragraph (1), the State educational agency may reserve for the administration of the grant under this part not more than— (i) 1 percent in the case of a State educational agency awarding subgrants under section 5706(a)(1); or (ii) 3 percent in the case of a State educational agency awarding subgrants under section 5706(a)(2). (B) Special rule Notwithstanding subparagraph (A), a State educational agency that forms a State purchasing consortium under subsection (d)— (i) may reserve an additional 1 percent to carry out the activities described in subsection (d)(1); and (ii) may reserve amounts in addition to the percentage described in clause (i) if the State purchasing consortium receives direct approval from the local educational agencies receiving subgrants under section 5706(a) from the State educational agency prior to reserving more than the additional percentage authorized under clause (i). (c) State activities A State educational agency may use funds described in subsection (b) to carry out each of the following: (1) Except for the awarding of subgrants in accordance with section 5706, activities described in the State educational agency’s application under section 5704(b). (2) Providing technical assistance to local educational agencies to— (A) identify and address technology readiness needs, as determined by the technology readiness surveys; (B) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including children with disabilities and English learners; (C) build capacity for principals and local educational agency administrators to support teachers in using data and technology to improve teaching and personalize learning; (D) ensure that contractual requirements for third parties that have access to student data, its storage, or provide analytics on student data provide privacy protections consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ); and (E) provide tools and processes to support the creation, modification, and distribution of open educational resources. (3) Developing or utilizing evidence-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (4) Integrating and coordinating activities under this part with other educational resources and programs across the State. (5) Disseminating information, including making publicly available on the website of the State educational agency, promising practices to improve technology instruction, best practices for data security, and acquiring and implementing technology tools and applications. (6) Ensuring that teachers, paraprofessionals, school librarians and media personnel, specialized instructional support personnel, and administrators possess the knowledge and skills to use technology to meet the goals described in section 5704(b)(1). (7) Coordinating with teacher, principal, and other school leader preparation programs to ensure that preservice teachers, principals, and other school leaders have the skills to implement digital learning programs effectively. (8) Supporting schools in rural and remote areas to expand access to high-quality digital learning opportunities. (d) Purchasing consortia (1) In general A State educational agency receiving a grant under section 5703(b)(2) may— (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsection (c), including purchasing eligible technology; (B) encourage local educational agencies to form a local purchasing consortium under section 5706(c)(4); and (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 5703(b)(2) shall not— (A) except for promoting the pricing opportunities described in paragraph (1)(C), make recommendations to local educational agencies for, or require, use of any specific commercial products and services by local educational agencies; (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the amount reserved under subsection (b) to carry out the activities described in paragraph (1), unless the State educational agency receives approval in accordance with subsection (b)(2)(B). 5706. Local subgrants (a) Subgrants (1) Grants to local educational agencies From the grant funds provided under section 5703(b)(2) to a State educational agency that are remaining after the State educational agency makes reservations under section 5705(b) for any fiscal year and subject to paragraph (2), the State educational agency shall award subgrants for the fiscal year to local educational agencies served by the State educational agency and with an approved application under subsection (b) by allotting to each such local educational agency an amount that bears the same relationship to the remainder as the amount received by the local educational agency under part A of title I for such year bears to the amount received by all such local educational agencies under such part for such year, except that no local educational agency may receive less than $20,000 for a year. (2) Competitive grants to local educational agencies If the amount of funds appropriated under section 5708 is less than $300,000,000 for any fiscal year, a State educational agency— (A) shall not award subgrants under paragraph (1); and (B) shall— (i) award subgrants, on a competitive basis, to local educational agencies based on the quality of applications submitted under subsection (b), including— (I) the level of technology readiness, as determined by the technology readiness surveys completed by local educational agencies submitting such applications; and (II) the technology plans described in subsection (b)(3) and how the local educational agencies with such plans will carry out the alignment and coordination described in such subsection; (ii) give priority to local educational agencies that have demonstrated substantial need for assistance in acquiring and using technology, based on the agency's technology readiness survey; and (iii) give priority to schools that serve students in rural and remote areas, schools identified under section 1114 as in need of intervention and support and the persistently lowest-achieving schools, or schools with a high percentage of students aged 5 through 17 who are in poverty, as counted in the most recent census data approved by the Secretary, who are eligible for a free or reduced priced lunch under the Richard B. Russell National School Lunch Act, in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or eligible to receive medical assistance under the Medicaid program. (3) Definition of local educational agency for certain fiscal years For purposes of awarding subgrants under paragraph (2), the term local educational agency means— (A) a local educational agency; (B) an educational service agency; or (C) a local educational agency and an educational service agency. (b) Application A local educational agency that desires to receive a subgrant under subsection (a) shall submit an application to the State at such time, in such manner, and accompanied by such information as the State educational agency may require, such as— (1) a description of how the local educational agency will carry out the goals described in subparagraphs (A) through (C) of section 5704(b)(1); (2) a description of the results of the technology readiness survey completed by the local educational agency and a description of the plan for the local educational agency to meet the goals described in paragraph (1) within 3 years of completing the survey; (3) a description of the local educational agency’s technology plan to carry out paragraphs (1) and (2) and how the agency will align and coordinate the activities under this section with other activities across the local educational agency; (4) a description of the team of educators who will coordinate and carry out the activities under this section, including individuals with responsibility and expertise in instructional technology, teachers who specialize in supporting students who are children with disabilities and English learners, other school leaders, school librarians and media personnel, technology officers, and staff responsible for assessments and data; (5) a description of how the local educational agency will build capacity for principals, other school leaders, and local educational agency administrators to support teachers in developing data literacy skills and in implementing digital tools to support teaching and learning; (6) a description of how the local educational agency will procure content and ensure content quality; and (7) an assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Educational Rights and Privacy Act of 1974 ). (c) Use of funds (1) Professional development in digital learning Subject to paragraph (3), a local educational agency receiving a subgrant under subsection (a) shall use not less than 50 percent of such funds to carry out professional development in digital learning for teachers, principals, other school leaders, paraprofessionals, school librarians and media personnel, specialized instructional support personnel, technology coordinators, and administrators in the use of technology to support student learning. (2) Technology infrastructure Subject to paragraph (3), a local educational agency receiving a subgrant under subsection (a) shall use not less than 25 percent of such funds to support activities for the acquisition of eligible technology needed to— (A) except for the activities described in paragraph (1), carry out activities described in the application submitted under subsection (b), including purchasing devices, equipment, and software applications; and (B) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (3) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in paragraph (1) or (2) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (4) Purchasing consortium Local educational agencies receiving subgrants under subsection (a) may— (A) form a local purchasing consortium with other such local educational agencies to carry out the activities described in this subsection, including purchasing eligible technology; and (B) use such funds for purchasing eligible technology through a State purchasing consortium under section 5705(d). (5) Blended learning projects (A) In general A local educational agency receiving a subgrant under subsection (a) may use such funds to carry out a blended learning project, which shall include at least 1 of the following activities: (i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. (ii) Ongoing professional development for teachers, principals, other school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project. (B) Non-Federal match A local educational agency that carries out a blended learning project under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the amount of funds used to carry out such project. (C) Definition of blended learning In this paragraph, the term blended learning means a formal education program that leverages both technology-based and face-to-face instructional approaches that— (i) include an element of online or digital learning, combined with supervised learning time, and student-led learning, in which the elements are connected to provide an integrated learning experience; and (ii) where students are provided some control over time, path, or pace. 5707. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under section 5706 shall submit to the State educational agency that awarded such subgrant an annual report the meets the requirements of subsection (c). (b) State educational agencies Each State educational agency receiving a grant under section 5703(b)(2) shall submit to the Secretary an annual report that meets the requirements of subsection (c). (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State educational agency’s plan described in section 5704(b) or the local education agency’s technology plan under section 5706(b)(3), as applicable; (2) the categories of eligible technology acquired with funds under this part and how such technology is being used; (3) the professional learning activities funded under this part, including types of activities and entities involved in providing such professional learning to classroom teachers and other staff, such as school librarians; and (4) the types of programs funded under this part. 5708. Authorization There are authorized to be appropriated such sums as may be necessary to carry out this part. . 5009. Literacy and arts education Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part G, as added by section 5008, the following: H Literacy and Arts Education 5801. Literacy and arts education (a) In general From funds made available under subsection (c), the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of promoting— (1) arts education for disadvantaged students and students who are children with disabilities, through activities such as— (A) professional development for arts educators, teachers, and principals; (B) development and dissemination of instructional materials and arts-based educational programming, including online resources, in multiple arts disciplines; and (C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or national centers for the arts; and (2) literacy programs that support the development of literacy skills in low-income communities, including— (A) developing and enhancing effective school library programs, which may include providing professional development for school librarians, books, and up-to-date materials to low-income schools; (B) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and (C) programs that provide high-quality books on a regular basis to children and adolescents from disadvantaged communities to increase reading motivation, performance, and frequency. (b) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; (B) a consortium of such local educational agencies; or (C) an eligible national nonprofit organization. (2) Eligible national nonprofit organization The term eligible national nonprofit organization means an organization of national scope that— (A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and (B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the population targeted by the grant. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. . 5010. Early learning alignment and improvement grants Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part H, as added by section 5009, the following: I Early learning alignment and improvement grants 5901. Purposes; definitions (a) Purposes The purposes of this part are to assist States with— (1) more efficiently using existing Federal resources to improve, strengthen, and expand existing high-quality early childhood education, as determined by the State; (2) coordinating existing funding streams and delivery models to promote— (A) program quality, while maintaining services; (B) parental choice among high-quality early childhood education program providers; and (C) early care and learning access for children from birth to kindergarten entry; and (3) improving access for children from low-income families to high-quality early childhood education programs in order to enhance school readiness. (b) Definitions In this part: (1) Center of Excellence The term Center of Excellence means a local public or private nonprofit agency, including a community-based or faith-based organization, or a for-profit agency, within a community, that provides early learning and care services in the State, including the use of best practices for— (A) achieving school readiness, including the development of early literacy and mathematics skills; (B) acquisition of English language skills; and (C) providing high-quality comprehensive services for eligible children and their families. (2) Eligible child The term eligible child means an individual— (A) who is less than 6 years of age; and (B) whose family income does not exceed— (i) 200 percent of the poverty line; (ii) 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); or (iii) a State-determined threshold for eligibility that does not exceed the thresholds in clauses (i) and (ii). (3) Eligible partnership The term eligible partnership means a partnership that, at a minimum, includes, as applicable and appropriate, the State Advisory Council on Early Childhood Education and Care established under section 642B(b) of the Head Start Act, and all of the following partners, which may be represented on the Council: (A) One or more public and private (including nonprofit or for-profit) providers of early childhood education that serve eligible children residing in the State and meet applicable standards of licensing and quality as determined by the State. (B) One or more Head Start agencies, which may include Early Head Start, migrant and seasonal Head Start, and Indian Head Start agencies that serve eligible children residing in the State. (C) The State educational agency. (D) Other relevant State agencies with oversight of preschool, early education, and child care in the State. (E) One or more local educational agencies in the State. (F) One or more institutions of higher education in the State. (G) One or more representatives of business in the State. (4) Institution of higher education The term institution of higher education has the meanings given the term in section 101 and subparagraphs (A) and (B) of section 102(a)(1) of the Higher Education Act of 1965. 5902. Early learning alignment and improvement grants (a) Grants authorized (1) In general From amounts made available under section 5903, the Secretary, in consultation with the Secretary of Health and Human Services, shall award grants, on a competitive basis, to States to enable the States to carry out the activities described in subsection (d). (2) Reservation for States serving rural areas From the amounts appropriated under section 5903 for a fiscal year, the Secretary shall reserve not less than 30 percent for grants to States that propose to carry out the activities described in subsection (d) for eligible children living in rural areas. The Secretary shall reduce the amount described in the preceding sentence if the Secretary does not receive a sufficient number of applications that are deserving of a grant under this part for such purpose. (3) Reservation for evaluation From the amounts appropriated under section 5903 for a fiscal year, the Secretary shall reserve one-half of 1 percent to conduct, in consultation with the Secretary of Health and Human Services, an evaluation to determine whether grants under this part are— (A) improving efficiency in the use of Federal funds for early childhood education programs; (B) improving coordination across Federal early childhood education programs; and (C) increasing the availability of, and access to, high-quality early childhood education programs for eligible children. (3) Priority In awarding grants under this section, the Secretary shall give priority to a State that will use funds under this grant to focus on eligible children— (A) who are 3 and 4 years of age; and (B) whose family income does not exceed 130 percent of the poverty line. (4) Duration of grants A grant awarded under this section shall be for a period of not more than 3 years and may not be renewed by the Secretary. (5) Limitation (A) In general Except as provided in subparagraph (B), a State may receive a grant under this section once. (B) Exception Notwithstanding subparagraph (A), a State may receive more than 1 grant under this section only— (i) if the State is proposing, for such additional grants, to carry out activities for eligible children living in rural areas; or (ii) after all States, which meet the requirements and have submitted an application under this section, have received a grant, to the extent that funds for a grant are still available. (6) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section. (b) State requirements (1) Lead agency (A) Designation A State desiring a grant under this section shall designate an agency (which may be an appropriate collaborative agency) or establish a joint interagency office, that complies with the requirements of subparagraph (B), to serve as a lead agency for the State under this section. (B) Duties The lead agency designated under subparagraph (A) shall— (i) administer, directly or through other governmental or nongovernmental agencies, the Federal assistance received under this section by the State; (ii) develop the application submitted to the Secretary under subsection (c); and (iii) coordinate the provision of activities under this section with existing Federal, State, and local early childhood education programs. (2) Partners In order to be eligible for a grant under this section, a State shall partner with an eligible partnership. (3) Matching requirement Each State that receives a grant under this part shall provide from Federal or non-Federal sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, an amount equal to— (A) 30 percent of the amount of the grant in the first year of such grant; and (B) not less than 30 percent of the amount of the grant in each of the second and third years of such grant, respectively. (c) Applications A State desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. The application shall include— (1) an identification of the lead agency that the Governor of the State has appointed to be responsible for the grant under this section; (2) a description of the eligible partnership required under subsection (b)(2), which will assist the State in developing the plan and implementing the activities under this part; (3) to the extent practicable, the unduplicated counts of the number of eligible children served using existing Federal, State, and local resources and programs that the State will coordinate to meet the purposes of this part, including— (A) programs carried out under the Head Start Act, including the Early Head Start programs carried out under such Act; (B) programs carried out under section 619 and parts B and C of the Individuals with Disabilities Education Act; (C) child care programs carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) or section 418 of the Social Security Act ( 42 U.S.C. 618 ); (D) other Federal, State, local, and Indian tribe or tribal organization programs of early learning, childhood education, child care, and development in the State; and (E) as applicable— (i) programs carried out under other provisions of this Act; (ii) programs carried out under subtitle A of title XX of the Social Security Act ( 42 U.S.C. 1397 et seq. ); (iii) programs carried out under the Community Services Block Grant Act ( 42 U.S.C. 9901 et seq. ); (iv) programs serving homeless children and services of local educational agency liaisons for homeless children and youths designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ); (v) State agencies and programs serving children in foster care and the foster families of such children; and (vi) child care programs funded through State veterans affairs offices; (4) a description of how the State proposes to coordinate such resources and programs identified under paragraph (3) in order to meet the purposes of this part; (5) a description of how the State will identify early childhood education program providers that demonstrate a high level of quality; (6) a description of how the State will define eligible children, in accordance with section 5901(b)(2); (7) a description of how the State will expand access to existing high-quality early learning and care for eligible children in the State or, if no high-quality early learning and care is accessible for eligible children, expand access to high-quality early learning and care for such children; (8) in the case of a State that has elected to use funds under this section to designate Centers of Excellence— (A) an assurance that the State will designate an entity, such as an agency, an institution of higher education, a consortium of local educational agencies or Head Start centers, or another entity, to designate early childhood education programs as Centers of Excellence; (B) an assurance that the designee will meet the definition of a Center of Excellence; (C) a description of the process by which an entity that carries out an early childhood education program would be designated as a Center of Excellence, including evidence that the early childhood education program involved has demonstrated excellence in program delivery in a manner designed to improve the school readiness of children who have participated in the program; and (D) a description of how the State will assist Centers of Excellence in the dissemination of best practices; (9) a description of the measurable outcomes and anticipated levels of performance for such outcomes, as determined by the State, in the areas of program coordination, program quality improvement, and increased access to high-quality programs, that the State will use to evaluate the coordinated statewide or locally implemented system of voluntary early care and learning supported by the grant; (10) an assurance that the State will provide technical assistance to partners on methods by which Federal and State early learning and care funding can be coordinated and lead to cost-saving and efficiencies strategies, such as through entities administering shared services, and other methods that will enhance the quality of the early childhood education programs in the State; (11) a description of how the State will sustain early learning and care activities coordinated under this section, including for rural areas in the State, if applicable, once grant funding is no longer available under this section; (12) a description of the process that the State proposes to use to collect and disseminate, to parents and the general public, consumer information that will promote informed early learning and care choices in the State; (13) a description of how the State will serve eligible children residing in rural areas, if applicable; (14) a description of how the State will support, through the use of professional development, early childhood education programs that maintain disciplinary policies that do not include expulsion or suspension of participating children, except as a last resort in extraordinary circumstances where— (A) there is a determination of a serious safety threat; and (B) policies are in place to provide appropriate alternative early educational services to expelled or suspended children while they are out of school; and (15) an assurance that funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. (d) Use of funds (1) In general A State that receives a grant under this part shall use the grant funds to develop, implement, or improve a coordinated statewide or locally implemented system of voluntary early care and learning, which includes a plan— (A) for coordinating funding available through existing Federal, State, and local sources; and (B) that is designed in collaboration with an eligible partnership. (2) Authorized activities Grant funds under this section may be used for the following: (A) Aligning existing Federal, State, and local funding and resources with a statewide or locally designed system for delivering high-quality early learning and care for eligible children in the State, including developing evidence-based practices to improve staff quality, instructional programming, and time in program which may include the use of shared services models. (B) Analyzing needs for expanded access to existing high-quality early childhood education programs in the State, including child care, preschool, and Early Head Start, Head Start, and special education for all children, particularly low-income children. (C) Developing or expanding eligible partnerships to— (i) expand access for eligible children to existing high-quality providers or programs or, if no high-quality early learning and care is accessible for eligible children, expand access to high-quality early learning and care for eligible children; (ii) share best practices; and (iii) ensure that parents have maximum choices in selecting the providers that meet their individual needs, consistent with State and local laws. (D) Developing or expanding Centers of Excellence for the purposes of— (i) disseminating best practices for achieving early academic success in the State, including best practices for— (I) achieving school readiness, including developing early literacy and mathematics skills; (II) the acquisition of the English language for English learners; or (III) providing high-quality comprehensive services to low-income and at-risk children and their families; (ii) coordinating early education, child care, and other social services available in the State and local communities for low-income and at-risk children and families; or (iii) providing effective transitions between preschool programs and elementary schools, including by facilitating ongoing communication between early education and elementary school teachers and by improving the ability of teachers to work effectively with low-income and at-risk children and their families. (E) Expanding existing high-quality early education and care for infants and toddlers or, if no high-quality early education and care is accessible for infants and toddlers, expand access to high-quality education and care. (F) Developing, implementing, or coordinating programs or strategies determined by the State to increase the involvement of the parents and family of an eligible child in the education of the child, such as programs or strategies that— (i) encourage effective ongoing communication between such children and the parents and families of such children, early childhood education providers, early learning administrators, and other early childhood education personnel; and (ii) promote active participation of parents, families, and communities as partners in the education of such children. (G) Carrying out other strategies determined by the State to improve access to, and expand the overall quality of, a coordinated State or locally designed system of voluntary early learning and care services in the State, such as pay for success initiatives that promote coordination among existing programs and meet the purposes of this part. (3) Priority The activities implemented by a State under this subsection shall prioritize parental choice of providers and evidence-based practices for improving early learning program quality and access, to the extent permitted under State and local law. (e) Reporting A State that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may reasonably require, an annual report that includes— (1) the number and percentage of children who are served in high-quality early childhood education programs, as identified by the State, during each year of the grant duration using funds from— (A) only this part, as applicable; (B) the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) or section 418 of the Social Security Act ( 42 U.S.C. 618 ); (C) the Head Start Act; and (D) other public and private providers, as applicable; (2) the quality improvements undertaken at the State level; (3) the extent to which funds are being blended with other public and private funding; (4) the progress made regarding the measurable outcomes and the anticipated levels of performance selected by the State under subsection (c)(9); and (5) any other ways in which funds are used to meet the purposes of this part. (f) Report to congress The Secretary, in consultation with the Secretary of Health and Human Services, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biennial report containing the information described in subsection (e) for all States receiving funds under this part. (g) Limitations on Federal interference Nothing in this part shall be construed to authorize the Secretary to establish any criterion that specifies, defines, or prescribes— (1) early learning and development guidelines, standards, or specific assessments, including the standards or measures that States use to develop, implement, or improve such guidelines, standards, or assessments; (2) specific measures or indicators of quality early learning and care, including— (A) the systems that States use to assess the quality of early childhood education programs and providers, school readiness, and achievement; and (B) the term high-quality early learning or care; (3) early learning or preschool curriculum, program of instruction, or instructional content; (4) teacher and staff qualifications and salaries; (5) class sizes and child-to-instructional staff ratios; and (6) any aspect or parameter of a teacher, principal, other school leader, or staff evaluation system within a State or local educational agency. 5903. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. J Innovation schools demonstration authority 5910. Innovation schools (a) Purpose The purpose of the flexibility authority under this part is to provide local educational agencies with the flexibility to create locally-designed innovation schools in order to achieve increased autonomy and support for innovation schools. (b) Definitions In this part: (1) Eligible entity The term eligible entity means a local educational agency that receives a local flexibility agreement under this part. (2) Eligible State educational agency The term eligible State educational agency means a State educational agency that has adopted policies or procedures that allow the development, consideration, and approval of innovation school plans, consistent with the provisions of this part. (3) Innovation school The term innovation school means a public school that— (A) is established for the purpose of generating enhanced opportunities for students to learn and achieve through increased educator and school-level professional autonomy and flexibility; (B) is a collaborative initiative enjoying strong buy-in, pursuant to subparagraphs (F) and (G) of subsection (f)(1), from key stakeholders, including parents, education employees, and representatives of such employees, where applicable; (C) ensures equitable access for all student populations; (D) operates with the same degree of transparency and is held to the same accountability standards applicable to other schools in the school district served by the local educational agency that serves the innovation school; and (E) is not a magnet school. (c) Authority (1) In general Except as provided in paragraph (2), the Secretary is authorized to allow eligible State educational agencies to receive flexibility authority to provide local educational agencies with flexibility agreements if such eligible State educational agencies— (A) demonstrate that flexibility agreements are necessary for the successful operation of innovation schools; and (B) provide a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply, to innovation schools. (2) Exception Flexibility authority and flexibility agreements shall not be granted under paragraph (1) with respect to any provision under part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, or section 504 of the Rehabilitation Act of 1973. (d) Selection of local educational agencies Each eligible State educational agency receiving flexibility authority under subsection (c) shall, to the extent practicable and applicable, ensure that local flexibility agreements made with eligible entities— (1) prioritize local educational agencies that— (A) serve the largest numbers or percentages of students from low-income families; or (B) will use the provided flexibility for innovative strategies in schools identified as in need of intervention and support under section 1114; and (2) are geographically diverse, including provided to local educational agencies serving urban, suburban, or rural areas. (e) State applications and requirements (1) In general An eligible State educational agency desiring to receive flexibility authority under this part shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) Description of program A description of the eligible State educational agency’s objectives in supporting innovation schools, and how the objectives of the program will be carried out, including— (i) a description of how the State educational agency will— (I) support the success of innovation schools; (II) inform local educational agencies, communities, and schools of the opportunity for local flexibility agreements under this part; (III) work with eligible entities to ensure that innovation schools access all Federal, State, and local funds such schools are eligible to receive; (IV) work with eligible entities to ensure that innovation schools receive waivers to all Federal, State, and local laws necessary to implement innovation schools’ innovation plans; (V) ensure each eligible entity works with innovation schools to ensure inclusion of all students and promote retention of students in the school; and (VI) share best and promising practices among innovation schools and other schools; (ii) a description of how the State educational agency will actively monitor each eligible entity in a local flexibility agreement to hold innovation schools accountable to ensure a high-quality education, including by approving, re-approving, and revoking the innovation plan and its attendant flexibility based on the performance of the innovation school, in the areas of student achievement, student safety, financial management, and compliance with all applicable statutes; and (iii) a description of how the State educational agency will approve local flexibility agreements, including— (I) a description of the application each local educational agency desiring to enter into such a flexibility agreement will submit, which application shall include— (aa) the school innovation plan; (bb) a description of the roles and responsibilities of local educational agencies and of any other organizations with which the local educational agency will partner to open innovation schools, including administrative and contractual roles and responsibilities; (cc) a description of the quality controls that will be used by the local educational agency, such as a contract or performance agreement that includes a school’s performance in the State’s academic accountability system and impact on student achievement; (dd) a description of the planned activities to be carried out under the flexibility agreement; and (ee) a description of waivers and other flexibility needed to implement the school innovation plan; and (II) a description of how the State educational agency will review applications from local educational agencies. (B) State assurances Assurances from the State educational agency that— (i) each eligible entity will ensure that innovation schools have a high degree of autonomy over budget and operations; (ii) the State educational agency— (I) and each eligible entity entering into a local flexibility agreement under this section will ensure that each innovation school that receives funds under the entity’s program is meeting the requirements of this Act, part B of the Individuals with Disabilities Education Act, title VI of the Civil Rights Act of 1964, and section 504 of the Rehabilitation Act of 1973; and (II) will ensure that each eligible entity adequately monitors and provides adequate technical assistance to each innovation school in recruiting, enrolling, and meeting the needs of all students, including children with disabilities and English learners; (iii) the State educational agency will ensure that the eligible entity will monitor innovation schools, including by— (I) using annual performance data, including graduation rates and student academic achievement data, as appropriate; (II) if applicable, reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and (III) holding innovation schools accountable to the academic, financial, and operational quality controls outlined in the innovation plan, such as through renewal, non-renewal, or revocation of the school’s innovation plan; (iv) the State educational agency will ensure that, to the greatest extent possible, State and local rules, generally applicable to public schools, will be waived, or otherwise not apply, to the extent necessary, to innovation plans at each innovation school; (v) eligible entities will ensure that each innovation school makes publicly available information to help parents make informed decisions about the education options available to their children, including information on the educational program, student support services, and annual performance and enrollment data for students in the innovation school; and (vi) the State educational agency consulted with local educational agencies, schools, teachers, principals, other school leaders, and parents in developing the State application. (2) Additional elements The provisions of peer review, approval, determination, demonstration, revision, disapproval, limitations, public review, and additional information applicable to State plans under paragraphs (3), (4), (5), (6), (7), and (8)(B) of section 1111(a) shall apply in the same manner to State applications submitted under this subsection. (f) Local educational agency applications and requirements A local educational agency that desires to enter into a local flexibility agreement shall submit to the State educational agency such information that the State educational agency shall require, including— (1) the plans for all approved innovation schools to be served by the local educational agency, which shall include— (A) a statement of the innovations school’s mission and why designation as an innovation school would enhance the school’s ability to achieve its mission; (B) a description of the innovations the public school would implement, which may include, innovations in school staffing, curriculum and assessment, class scheduling and size, use of financial and other resources, and faculty recruitment, employment, evaluation, compensation, and extracurricular activities; (C) if the innovation school seeks to establish an advisory board, a description of— (i) the membership of the board (which may include representatives of teachers, parents, students, the local educational agency, the State educational agency, the business community, institutions of higher education, or other community representatives); (ii) its responsibilities in designing and furthering the mission of the innovation school; and (iii) how the board will ensure coordination with the local educational agency and State educational agency; (D) a listing of the programs, policies, or operational documents within the public school that would be affected by the public school’s identified innovations and the manner in which they would be affected, which shall include— (i) the research-based educational program the school would implement; (ii) the length of school day and school year at the school; (iii) the student engagement policies to be implemented at the school; (iv) the school’s instruction and assessment plan; (v) the school’s plan to use data, evaluation, and professional learning to improve student achievement; (vi) the proposed budget for the school; (vii) the proposed staffing plan or staff compensation model for the school; and (viii) the professional development needs of leaders and staff to implement the program and how those needs will be addressed; (E) an identification of the improvements in academic performance that the school expects to achieve in implementing the innovations; (F) evidence that a majority of the administrators employed at the public school support the request for designation as an innovation school; (G) evidence that not less than two-thirds of the regularly employed employees at the school vote by secret ballot to approve the school’s innovation school plan; (H) evidence that the school has strong parental support, demonstrated in a manner determined appropriate by the State educational agency; (I) a description of any regulatory or policy requirements that would need to be waived for the public school to implement its identified innovations; and (J) any additional information required by the local educational agency in which the innovation plan would be implemented; (2) a description of any rules or regulations that the local educational agency will waive in order to provide autonomy to the innovation schools and why waiving such regulations will benefit students; (3) a description of any State regulations that the local educational agency seeks to waive in order to provide autonomy to innovation schools, and why waiving such regulations will benefit students; and (4) a description of the process that the local educational agency will use to regularly review the progress of innovation schools, including student performance and performance in the State’s accountability system and decide whether to revoke or continue the innovation school’s autonomy. (g) Teacher certification requirements (1) In general Notwithstanding any other provision of this part, except as provided under paragraph (2), not more than 5 percent of the teachers in an innovation school granted flexibility under this part may be unlicensed or uncertified at any one time. Such unlicensed or uncertified teachers shall become licensed or certified within 3 years of being hired. (2) State requirements Innovation schools located in a State with a more lenient teacher license or certification requirement than the requirement described in paragraph (1) may hire teachers in accordance with State teacher license or certification requirements. (h) Reporting requirements and assessments (1) Reporting Each eligible State educational agency receiving the flexibility authority granted by the Secretary under this section shall submit to the Secretary, at the end of the third year of the demonstration period and at the end of any renewal period, a report that includes the following: (A) The number of students served by each innovation school under this part and, if applicable, the number of new students served during each year of the demonstration period, expressed as a total number and as a percentage of the students enrolled in the State and relevant local educational agencies. (B) The number of innovation schools served under this part. (C) An overview of the innovations implemented in the innovation schools and the innovation school zones in the districts of innovation. (D) An overview of the academic performance of the students served in innovation schools, including a comparison between the students’ academic performance before and since implementation of the innovations. (2) Evaluation The Director of the Institute of Education Sciences (or a comparable, independent research organization) shall conduct an evaluation of the program under this part after year 3 and 5 of the program and every 2 years thereafter. (i) Rule of construction and prohibitions (1) Rule of construction regarding employment Nothing in this part shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (2) Prohibition on Federal interference with State and local decisions Nothing in this part shall be construed to permit the Secretary to establish any criterion that specifies, defines, or prescribes the terms governing innovation schools served under this part. (j) Duration of flexibility demonstration authority and agreements (1) Flexibility demonstration authority Flexibility demonstration authority under this part shall be awarded for a period that shall not exceed 5 fiscal years, and may be renewed by the Secretary for 1 additional 2-year period. (2) Local flexibility agreements Local flexibility agreements awarded by an eligible State educational agency under this part shall be for a period of not more than 5 years. . 5011. Full-service community schools Title V ( 20 U.S.C. 7201 et seq. ) is amended by adding at the end the following: K Full-service community schools 5911. Short title This part may be cited as the Full-Service Community Schools Act of 2015 5912. Purposes The purposes of this title are to— (1) improve student learning and development by providing supports for students that enable them to graduate college- and career-ready; (2) provide support for the planning, implementation, and operation of full-service community schools; (3) improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for students attending high-poverty schools, including high-poverty rural schools; (4) enable educators and school personnel to complement and enrich efforts to improve academic achievement and other results; (5) ensure that children have the physical, social, and emotional well-being to come to school ready to engage in the learning process every day; (6) promote and enable family and community engagement in the education of children; (7) enable more efficient use of Federal, State, local, and private sector resources that serve children and families; (8) facilitate the coordination and integration of programs and services operated by community-based organizations, nonprofit organizations, and State, local, and tribal governments; (9) engage students as resources to their communities; and (10) engage the business community and other community organizations as partners in the development and operation of full-service community schools. 5913. Definition of full-service community school In this part, the term full-service community school means a public elementary school or secondary school that— (1) participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (2) provides access to such services to students, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer. 5914. Local programs (a) Grants The Secretary may award grants to eligible entities to assist public elementary schools or secondary schools to function as full-service community schools. (b) Use of funds Grants awarded under this section shall be used to— (1) coordinate not less than 3 existing qualified services and provide not less than 2 additional qualified services at 2 or more public elementary schools or secondary schools; (2) integrate multiple services into a comprehensive, coordinated continuum supported by research-based activities which achieve the performance goals established under subsection (c)(4)(E) to meet the holistic needs of children; and (3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support personnel. (c) Application To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A description of the eligible entity. (2) A memorandum of understanding among all partner entities that will assist the eligible entity to coordinate and provide qualified services and that describes the roles the partner entities will assume. (3) A description of the capacity of the eligible entity to coordinate and provide qualified services at 2 or more full-service community schools. (4) A comprehensive plan that includes descriptions of the following: (A) The student, family, and school community to be served, including information about demographic characteristics that include major racial and ethnic groups, median family income, percentage of students eligible for free- and reduced-price lunch under the Richard B. Russell National School Lunch Act, and other information. (B) A needs assessment that identifies the academic, physical, social, emotional, health, mental health, and other needs of students, families, and community residents. (C) A community assets assessment which identifies existing resources, as of the date of the assessment, that could be aligned. (D) The most appropriate metric to describe the plan’s reach within a community using either— (i) the number of families and students to be served, and the frequency of services; or (ii) the proportion of families and students to be served, and the frequency of services. (E) Yearly measurable performance goals, including an increase in the percentage of families and students targeted for services each year of the program, which are consistent with the following objectives: (i) Children are ready for school. (ii) Students are engaged and achieving academically. (iii) Students are physically, mentally, socially, and emotionally healthy. (iv) Schools and neighborhoods are safe and provide a positive climate for learning that is free from bullying or harassment. (v) Families are supportive and engaged in their children’s education. (vi) Students and families are prepared for postsecondary education and 21st century careers. (vii) Students are contributing to their communities. (F) Performance measures to monitor progress toward attainment of the goals established under subparagraph (E), including a combination of the following, to the extent applicable: (i) Multiple objective measures of student achievement, including assessments, classroom grades, and other means of assessing student performance. (ii) Attendance (including absences related to illness and truancy) and chronic absenteeism rates. (iii) Disciplinary actions against students, including suspensions and expulsions. (iv) Access to health care and treatment of illnesses demonstrated to impact academic achievement. (v) Performance in making progress toward intervention services goals as established by specialized instructional support personnel. (vi) Participation rates by parents and family members in school-sanctioned activities and activities that occur as a result of community and school collaboration, as well as activities intended to support adult education and workforce development. (vii) Number and percentage of students and family members provided services under this part. (viii) Valid measures of postsecondary education and career readiness. (ix) Service-learning and community service participation rates. (x) Student satisfaction surveys. (G) Qualified services, including existing and additional qualified services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of— (i) why such services have been selected; (ii) how such services will improve student academic achievement; and (iii) how such services will address performance goals established under subparagraph (E). (H) Plans to ensure that each site has full-time coordination of qualified services at each full-service community school, including coordination with the specialized instructional support personnel employed prior to the receipt of the grant. (I) Planning, coordination, management, and oversight of qualified services at each school to be served, including the role of the school principal, partner entities, parents, and members of the community. (J) Funding sources for qualified services to be coordinated and provided at each school to be served, including whether such funding is derived from a grant under this section or from other Federal, State, local, or private sources. (K) Plans for professional development for personnel managing, coordinating, or delivering qualified services at the schools to be served. (L) Plans for joint utilization and maintenance of school facilities by the eligible entity and its partner entities. (M) How the eligible entity and its partner entities will focus services on schools eligible for a schoolwide program under section 1113(c). (N) Plans for periodic evaluation based upon attainment of the performance measures described in subparagraph (F). (O) How the qualified services will meet the principles of effectiveness described in subsection (d). (5) A plan for sustaining the programs and services outlined in this part. (d) Principles of effectiveness For a program developed pursuant to this section to meet principles of effectiveness, such program shall be based upon— (1) an assessment of objective data regarding the need for the establishment of a full-service community school and qualified services at each school to be served and in the community involved; (2) an established set of performance measures aimed at ensuring the availability and effectiveness of high-quality services; and (3) if appropriate, scientifically based research that provides evidence that the qualified services involved will help students meet State and local student academic achievement standards. (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) (A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 1113(c), as part of a community- or district-wide strategy; or (B) include a local educational agency that satisfies the requirements of— (i) subparagraph (A) or (B) of section 6211(b)(1); or (ii) subparagraphs (A) and (B) of section 6221(b)(1); and (2) will be connected to a consortium comprised of a broad representation of stakeholders, or a consortium demonstrating a history of effectiveness. (f) Grant period Each grant awarded under this section shall be for a period of 5 years and may be renewed at the discretion of the Secretary based on the eligible entity's demonstrated effectiveness in meeting the performance goals and measures established under subparagraphs (E) and (F) of subsection (c)(4). (g) Planning The Secretary may authorize an eligible entity to use grant funds under this section for planning purposes in an amount not greater than 10 percent of the total grant amount. (h) Minimum amount The Secretary may not award a grant to an eligible entity under this section in an amount that is less than $75,000 for each year of the 5-year grant period. (i) Definitions In this section: (1) Additional qualified services The term additional qualified services means qualified services directly funded under this part. (2) Eligible entity The term eligible entity means a consortium of 1 or more local educational agencies and 1 or more community-based organizations, nonprofit organizations, or other public or private entities. (3) Existing qualified services The term existing qualified services means qualified services already being financed, as of the time of the application, by Federal, State, local, or private sources, or volunteer activities being supported as of such time by civic, business, faith-based, social, or other similar organizations. (4) Qualified services The term qualified services means any of the following: (A) Early childhood education. (B) Remedial education activities and enrichment activities, including expanded learning time. (C) Summer or after-school enrichment and learning experiences. (D) Programs under the Head Start Act, including Early Head Start programs. (E) Nurse home visitation services. (F) Teacher home visiting. (G) Programs that promote parental involvement and family literacy. (H) Mentoring and other youth development programs, including peer mentoring and conflict mediation. (I) Parent leadership development activities. (J) Parenting education activities. (K) Child care services. (L) Community service and service-learning opportunities. (M) Developmentally appropriate physical education. (N) Programs that provide assistance to students who have been truant, suspended, or expelled. (O) Job training, internship opportunities, and career counseling services. (P) Nutrition services. (Q) Primary health and dental care. (R) Mental health counseling services. (S) Adult education, including instruction in English as a second language. (T) Juvenile crime prevention and rehabilitation programs. (U) Specialized instructional support services. (V) Homeless prevention services. (W) Other services consistent with this part. 5915. State programs (a) Grants The Secretary may award grants to State collaboratives to support the development of full-service community school programs in accordance with this section. (b) Use of funds Grants awarded under this section shall be used only for the following: (1) Developing a State comprehensive results and indicators framework to implement full-service community schools, consistent with performance goals described in section 5914(c)(4)(E). (2) Planning, coordinating, and expanding the development of full-service community schools in the State, particularly such schools in high-poverty local educational agencies, including high-poverty rural local educational agencies. (3) Providing technical assistance and training for full-service community schools, including professional development for personnel and creation of data collection and evaluation systems. (4) Collecting, evaluating, and reporting data about the progress of full-service community schools. (5) Evaluating the impact of Federal and State policies and guidelines on the ability of eligible entities (as defined in section 5914(i)) to integrate Federal and State programs at full-service community schools, and taking action to make necessary changes. (c) Application To seek a grant under this section, a State collaborative shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A memorandum of understanding among all governmental agencies and nonprofit organizations that will participate as members of the State collaborative. (2) A description of the expertise of each member of the State collaborative— (A) in coordinating Federal and State programs across multiple agencies; (B) in working with and developing the capacity of full-service community schools; and (C) in working with high-poverty schools or rural schools and local educational agencies. (3) A comprehensive plan describing how the grant will be used to plan, coordinate, and expand the delivery of services at full-service community schools. (4) A comprehensive accountability plan that will be used to demonstrate effectiveness, including the measurable performance goals of the program and performance measures to monitor progress and assess services’ impact on students and families and academic achievement. (5) An explanation of how the State collaborative will work to ensure State policies and guidelines can support the development of full-service community schools, as well as provide technical assistance and training, including professional development, for full-service community schools. (6) An explanation of how the State will collect and evaluate information on full-service community schools. (d) Grant period Each grant awarded under this section shall be for a period of 5 years. (e) Minimum amount The Secretary may not award a grant to a State collaborative under this section in an amount that is less than $500,000 for each year of the 5-year grant period. (f) Definitions For purposes of this section: (1) State The term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (2) State collaborative The term State collaborative means a collaborative of a State educational agency and not less than 2 other governmental agencies or nonprofit organizations that provide services to children and families. 5916. Advisory committee (a) Establishment There is hereby established an advisory committee to be known as the Full-Service Community Schools Advisory Committee (in this section referred to as the Advisory Committee ). (b) Duties Subject to subsection (c), the Advisory Committee shall— (1) consult with the Secretary on the development and implementation of programs under this part; (2) identify strategies to improve the coordination of Federal programs in support of full-service community schools; and (3) issue an annual report to Congress on efforts under this part, including a description of— (A) the results of local and national evaluations of such efforts; and (B) the scope of services being coordinated under this part. (c) Consultation In carrying out its duties under this section, the Advisory Committee shall consult annually with eligible entities awarded grants under section 5914, State collaboratives awarded grants under section 5915, and other entities with expertise in operating full-service community schools. (d) Members The Advisory Committee shall consist of 5 members as follows: (1) The Secretary of Education (or the Secretary’s delegate). (2) The Attorney General of the United States (or the Attorney General’s delegate). (3) The Secretary of Agriculture (or the Secretary’s delegate). (4) The Secretary of Health and Human Services (or the Secretary’s delegate). (5) The Secretary of Labor (or the Secretary’s delegate). 5917. General provisions (a) Technical assistance The Secretary, directly or through grants, shall provide such technical assistance as may be appropriate to accomplish the purposes of this part. (b) Evaluations by secretary The Secretary shall conduct evaluations on the effectiveness of grants under sections 5914 and 5915 in achieving the purposes of this part. (c) Evaluations by grantees The Secretary shall require each recipient of a grant under this part— (1) to conduct periodic evaluations of the progress achieved with the grant toward achieving the purposes of this part; (2) to use such evaluations to refine and improve activities conducted with the grant and the performance measures for such activities; and (3) to make the results of such evaluations publicly available, including by providing public notice of such availability. (d) Construction clause Nothing in this part shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (e) Supplement, not supplant Funds made available to a grantee under this part may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this part. (f) Matching funds (1) In general The Secretary shall require each recipient of a grant under this part to provide matching funds from non-Federal sources in an amount determined under paragraph (2). (2) Determination of amount of match (A) Sliding scale Subject to subparagraph (B), the Secretary shall determine the amount of matching funds to be required of a grantee under this subsection based on a sliding fee scale that takes into account— (i) the relative poverty of the population to be targeted by the grantee; and (ii) the ability of the grantee to obtain such matching funds. (B) Maximum amount The Secretary may not require any grantee under this part to provide matching funds in an amount that exceeds the amount of the grant award. (3) In-kind contributions The Secretary shall permit grantees under this part to match funds in whole or in part with in-kind contributions. (4) Consideration Notwithstanding this subsection, the Secretary shall not consider an applicant’s ability to match funds when determining which applicants will receive grants under this part. (g) Special rule Entities receiving funds under this part shall comply with all existing Federal statutes that prohibit discrimination. 5918. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. (b) Allocation Of the amounts appropriated to carry out this part for each fiscal year— (1) 85 percent shall be for section 5914, and of the funds available for new grants awarded under such section after the date of enactment of the Every Child Achieves Act of 2015, not less than 10 percent of such funds shall be made available for local educational agencies that satisfy the requirements of— (A) subparagraph (A) or (B) of section 6211(b)(1); or (B) subparagraphs (A) and (B) of section 6221(b)(1); (2) 10 percent shall be for section 5915; and (3) 5 percent shall be for subsections (a) and (b) of section 5917, of which not less than $500,000 shall be for technical assistance under section 5917(a). . 5012. Promise neighborhoods Title V ( 20 U.S.C. 7201 et seq. ), as amended by section 5001, is further amended by inserting after part I, as added by section 5010, the following: L Promise neighborhoods 5920. Short title This part may be cited as the Promise Neighborhoods Act of 2015 . 5921. Purpose The purpose of this part is to significantly improve the academic and developmental outcomes of children living in our Nation’s most distressed communities, including ensuring school readiness, high school graduation, and college and career readiness for such children, and access to a community-based continuum of high-quality services. 5922. Pipeline services defined In this part, the term pipeline services means a continuum of supports and services for children from birth through college entry, college success, and career attainment, including, at a minimum, strategies to address through services or programs (including integrated student supports) the following: (1) High-quality early learning opportunities. (2) High-quality schools and out-of-school-time programs and strategies. (3) Support for a child’s transition to elementary school, support for a child’s transition from elementary school to middle school, from middle school to high school, and from high school into and through college and into the workforce, including any comprehensive readiness assessment as deemed necessary. (4) Family and community engagement. (5) Family and student supports, which may be provided within the school building. (6) Activities that support college and career readiness. (7) Community-based support for students who have attended the schools in the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in college and the workforce. 5923. Program authorized (a) In general (1) Program authorized From amounts appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible entities to implement a comprehensive, evidence-based continuum of coordinated services that meet the purpose of this part by carrying out the activities in neighborhoods with high concentrations of low-income individuals and multiple signs of distress, which may include poverty, childhood obesity rates, academic failure, and rates of juvenile delinquency, adjudication, or incarceration, and persistently low-achieving schools or schools with an achievement gap. (2) Sufficient size and scope Each grant awarded under this part shall be of sufficient size and scope to allow the eligible entity to carry out the purpose of this part. (b) Duration A grant awarded under this part shall be for a period of not more than 5 years, and may be renewed for an additional period of not more than 5 years. (c) Continued funding Continued funding of a grant under this part, including a grant renewed under subsection (b), after the third year of the grant period shall be contingent on the eligible entity’s progress toward meeting the performance metrics described in section 5918(a). (d) Matching requirement (1) In general Each eligible entity receiving a grant under this part shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources. (2) Private sources The Secretary shall require that a portion of the matching funds come from private sources, which may include in-kind donations. (3) Adjustment The Secretary may adjust the matching funds requirement for applicants that demonstrate high need, including applicants from rural areas or applicant that wish to provide services on tribal lands. (e) Financial hardship waiver The Secretary may waive or reduce, on a case-by-case basis, the matching requirement described in subsection (d), including the requirement for funds for private sources for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship. (f) Reservation for rural areas From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall reserve not less than 20 percent for eligible entities that propose to carry out the activities described in section 5916 in rural areas. The Secretary shall reduce the amount described in the preceding sentence if the Secretary does not receive a sufficient number of applications that are deserving of a grant under this part for such purpose. 5924. Eligible entities In this part, the term eligible entity means— (1) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965; (2) an Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); or (3) one or more nonprofit entities working in formal partnership with not less than 1 of the following entities: (A) A high-need local educational agency. (B) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965. (C) The office of a chief elected official of a unit of local government. (D) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 5925. Application requirements (a) In general An eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents of application At a minimum, an application described in subsection (a) shall include the following: (1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity, by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4), and supported by evidence-based practices. (2) A description of the neighborhood that the eligible entity will serve. (3) Measurable annual goals for the outcomes of the grant, including performance goals, in accordance with the metrics described in section 5918(a), for each year of the grant. (4) An analysis of the needs and assets, including size and scope of population affected of the neighborhood identified in paragraph (1), including— (A) a description of the process through which the needs analysis was produced, including a description of how parents, family, and community members were engaged in such analysis; (B) an analysis of community assets and collaborative efforts, including programs already provided from Federal and non-Federal sources, within, or accessible to, the neighborhood, including, at a minimum, early learning, family and student supports, local businesses, and institutions of higher education; (C) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and (D) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. (5) A description of all data that the entity used to identify the pipeline services to be provided and how the eligible entity will collect data on children served by each pipeline service and increase the percentage of children served over time. (6) A description of the process used to develop the application, including the involvement of family and community members. (7) A description of how the pipeline services will facilitate the coordination of the following activities: (A) Providing high-quality early learning opportunities for children, including by providing opportunities for families and expectant parents to acquire the skills to promote early learning and child development, and ensuring appropriate screening, diagnostic assessments, and referrals for children with disabilities and developmental delays, consistent with the Individuals with Disabilities Education Act, where applicable. (B) Supporting, enhancing, operating, or expanding rigorous and comprehensive evidence-based education reforms, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for college admissions and success. (C) Supporting partnerships between schools and other community resources with an integrated focus on academics and other social, health, and familial supports. (D) Providing social, health, nutrition, and mental health services and supports, including referrals for essential healthcare and preventative screenings, for children, family, and community members, which may include services provided within the school building. (E) Supporting evidence-based programs that assist students through school transitions, which may include expanding access to college courses for and college enrollment aide or guidance, and other supports for at-risk youth. (8) A description of the strategies that will be used to provide pipeline services (including a description of which programs and services will be provided to children, family members, community members, and children not attending schools or programs operated by the eligible entity or its partner providers) to support the purpose of this part. (9) An explanation of the process the eligible entity will use to establish and maintain family and community engagement, including involving representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this part, and the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development, providing services for students, families, and communities within the school building, and collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with college and career readiness. (10) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services to provide for continuous program improvement and potential expansion. (11) An identification of the fiscal agent, which may be any entity described in section 5914 (not including paragraph (2) of such section). (c) Memorandum of understanding An eligible entity, as part of the application described in this section, shall submit a preliminary memorandum of understanding, signed by each partner entity or agency. The preliminary memorandum of understanding shall describe, at a minimum— (1) each partner’s financial and programmatic commitment with respect to the strategies described in the application, including an identification of the fiscal agent; (2) each partner’s long-term commitment to providing pipeline services that, at a minimum, accounts for the cost of supporting the continuum of supports and services (including a plan for how to support services and activities after grant funds are no longer available) and potential changes in local government; (3) each partner’s mission and the plan that will govern the work that the partners do together; (4) each partner’s long-term commitment to supporting the continuum of supports and services through data collection, monitoring, reporting, and sharing; and (5) each partner’s commitment to ensure sound fiscal management and controls, including evidence of a system of supports and personnel. 5926. Use of funds (a) In general Each eligible entity that receives a grant under this part shall use the grant funds to— (1) support planning activities to develop and implement pipeline services; (2) implement the pipeline services, as described in the application under section 5915; and (3) continuously evaluate the success of the program and improve the program based on data and outcomes. (b) Special rules (1) Funds for pipeline services Each eligible entity that receives a grant under this part, for the first and second year of the grant, shall use not less than 50 percent of the grant funds to carry out the activities described in subsection (a)(1). (2) Operational flexibility Each eligible entity that operates a school in a neighborhood served by a grant program under this part shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under section 5915. (3) Limitation on use of funds for early childhood education programs Funds under this part that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. 5927. Report and publicly available data (a) Report Each eligible entity that receives a grant under this part shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; and (2) information relating to the performance metrics described in section 5918(a); and (b) Publicly available data Each eligible entity that receives a grant under this part shall make publicly available, including through electronic means, the information described in subsection (a). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood, and such information shall be a part of statewide longitudinal data systems. 5928. Performance accountability and evaluation (a) Performance metrics Each eligible entity that receives a grant under this part shall collect data on performance indicators of pipeline services and family and student supports and report the results to the Secretary, who shall use the results as a consideration in continuing grants after the third year and in awarding grant renewals. The indicators shall address the entity’s progress toward meeting the goals of this part to significantly improve the academic and developmental outcomes of children living in our Nation’s most distressed communities from birth through college and career entry, including ensuring school readiness, high school graduation, and college and career readiness for such children, through the use of data-driven decision making and access to a community-based continuum of high-quality services, beginning at birth. (b) Evaluation The Secretary shall evaluate the implementation and impact of the activities funded under this part, in accordance with section 9601. 5929. National activities From the amounts appropriated to carry out this part for a fiscal year, in addition to the amounts that may be reserved in accordance with section 9601, the Secretary may reserve not more than 8 percent for national activities, which may include research, technical assistance, professional development, dissemination of best practices, and other activities consistent with the purposes of this part. 5930. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021. . VI Innovation and flexibility 6001. Purposes Title VI ( 20 U.S.C. 7301 et seq. ) is amended by inserting before part A of title VI, the following: 6001. Purposes The purposes of this title are— (1) to support State and local innovation in preparing all students to meet challenging State academic standards under section 1111(b); (2) to provide States and local educational agencies with maximum flexibility in using Federal funds provided under this Act; and (3) to support education in rural areas. . 6002. Improving academic achievement Part A of title VI ( 20 U.S.C. 7301 et seq. ) is amended— (1) by striking subparts 1 and 4; (2) by redesignating subpart 2 as subpart 1; (3) by redesignating sections 6121 through 6123 as sections 6111 through 6113, respectively; (4) in section 6113, as redesignated by paragraph (3)— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking not more than 50 percent of the nonadministrative State funds and inserting all, or any lesser amount, of State funds ; and (II) by striking subparagraphs (A) through (D) and inserting the following: (A) Part A of title II. (B) Part A of title IV. (C) Part G of title V. ; and (ii) in paragraph (2), by striking and subject to the 50 percent limitation described in paragraph (1) ; and (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by striking (except and all that follows through subparagraph (C)) and inserting may transfer all, or any lesser amount, of the funds allocated to it ; (II) by striking subparagraph (B); (III) by redesignating subparagraph (C) as subparagraph (B); and (IV) in subparagraph (B), as redesignated by subclause (III), by striking and subject to the percentage limitation described in subparagraph (A) or (B), as applicable ; and (ii) in paragraph (2)— (I) by striking subparagraph (A), (B), or (C) and inserting subparagraph (A) or (B) ; and (II) by striking subparagraphs (A) through (D) and inserting the following: (A) Part A of title II. (B) Part A of title IV. (C) Part G of title V. ; and (5) by striking subpart 3 and inserting the following: 2 Weighted student funding flexibility pilot program 6121. Weighted student funding flexibility pilot program (a) Purpose The purpose of the pilot program under this section is to provide local educational agencies with flexibility to consolidate Federal, State, and local funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. (b) Authority The Secretary may, on a competitive basis, enter into local flexibility demonstration agreements— (1) for not more than 2 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d); and (2) under which such agencies may consolidate and use funds in accordance with subsection (d) in order to develop and implement a school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. (c) Selection of local educational agencies (1) In general The Secretary may enter into local flexibility demonstration agreements with not more than 25 local educational agencies, reflecting the size and geographic diversity of all such agencies nationwide to the maximum extent feasible. (2) Selection Each local educational agency shall be selected on a competitive basis from among those local educational agencies that— (A) submit a proposed local flexibility demonstration agreement under subsection (d) to the Secretary; (B) demonstrate to the satisfaction of the Secretary that the agreement meets the requirements of subsection (d); and (C) agree to meet the continued demonstration requirements under subsection (e). (d) Required terms of local flexibility demonstration agreement (1) Application Each local educational agency that desires to participate in the pilot program under this section shall submit, at such time, in such form, and including such information as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this section, including— (A) a description of the school funding system based on weighted per-pupil allocations, including how the system will meet the requirements under paragraph (2); (B) a list of funding sources, including eligible Federal funds the local educational agency will include in such system; (C) a description of the amount and percentage of total local educational agency funding, including State, local, and eligible Federal funds, that will be allocated through such system; (D) the per-pupil expenditures (including actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local funds for each school served by the agency for the preceding fiscal year; (E) the per-pupil amount of eligible Federal funds each school served by the agency, disaggregated by program, received in the preceding fiscal year; (F) a description of how the system will continue to ensure that any eligible Federal funds allocated through the system will continue to meet the purposes of each Federal funding stream, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable; (G) a description of how the local educational agency will develop and employ a weighted student funding system to support public elementary schools and secondary schools in order to improve the academic achievement of students, including low-income students, the lowest-achieving students, English learners, and students with disabilities; (H) an assurance that the local educational agency developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, other school leaders, administrators of Federal programs impacted by the agreement, parents, civil rights leaders, and other relevant stakeholders; (I) an assurance that the local educational agency will use fiscal control and sound accountability procedures that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system; (J) an assurance that the local educational agency will continue to meet the fiscal provisions in section 1117 and the requirements under section 9501; and (K) an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using funds under the agreement. (2) Requirements of system A local educational agency’s school funding system based on weighted per-pupil allocations shall meet each of the following requirements: (A) The system shall— (i) allocate a significant portion of funds, including State, local, and eligible Federal funds, to the school level through a formula that determines per-pupil weighted amounts based on individual student characteristics; (ii) use weights or allocation amounts that allocate substantially more funding to students from low-income families and English learners than to other students; and (iii) demonstrate to the Secretary that each high-poverty school received at least as much total per-pupil funding, including from Federal, State, and local sources, for low-income students and at least as much total per-pupil funding, including from Federal, State, and local sources, for English learners as the school received in the year prior to carrying out the pilot program. (B) The system shall be used to allocate a significant portion, including all school-level personnel expenditures for instructional staff and nonpersonnel expenditures, but not less than 65 percent, of all the local educational agency’s local and State funds to schools. (C) After allocating funds through the school funding system, the local educational agency shall charge schools for the per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures for instructional staff and actual nonpersonnel expenditures. (D) The system may include weights or allocation amounts according to other characteristics. (e) Continued demonstration Each local educational agency that is selected to participate in the pilot program under this section shall annually— (1) demonstrate to the Secretary that no high-poverty school served by the agency received less total per-pupil funding, including from Federal, State, and local sources, for low-income students or less total per-pupil funding, including from Federal, State, and local sources, for English learners than the school received in the previous year; (2) make public and report to the Secretary the per-pupil expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State, local, and Federal funds for each school served by the agency, and disaggregated by student poverty quartile and by minority student quartile for the preceding fiscal year; and (3) make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the categories of students, as defined in section 1111(b)(3)(A). (f) Eligible Federal funds In this section, the term eligible Federal funds means funds received by a local educational agency under titles I, II, III, and IV of this Act. (g) Limitations on administrative expenditures Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, from eligible Federal funds not more than the percentage of funds allowed for such purpose under any of titles I, II, III, or IV. (h) Peer review The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility demonstration agreement. (i) Noncompliance The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide information as provided for in subsection (j)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e). (j) Evidence If a local educational agency believes that the Secretary’s determination under subsection (i) is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final termination determination. (k) Program evaluation From the amount reserved for evaluation activities in section 9601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate the implementation and impact of the local flexibility demonstration agreements under this section, consistent with section 9601 and specifically on improving the equitable distribution of State and local funding and increasing student achievement. (l) Renewal of local flexibility demonstration agreement The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if— (1) the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to and has a high likelihood of continuing to meet such requirements; and (2) the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students served under titles I and III, including students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk. (m) Definition of high-Poverty school In this section, the term high-poverty school means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families. . 6003. Rural education initiative Part B of title VI ( 20 U.S.C. 7341 et seq. ) is amended— (1) in section 6211— (A) in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following: (A) Part A of title I. (B) Part A of title II. (C) Title III. (D) Part A or B of title IV. (E) Part G of title V. ; (B) in subsection (b)(1)— (i) in subparagraph (A)(ii), by striking 7 or 8, as determined by the Secretary; or and inserting 41, 42, or 43, as determined by the Secretary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part. ; and (C) in subsection (c), by striking paragraphs (1) through (3) and inserting the following: (1) Part A of title II. (2) Part A of title IV. (3) Part G of Title V. ; (2) in section 6212— (A) in subsection (a), by striking paragraphs (1) through (5) and inserting the following: (1) Part A of title I. (2) Part A of title II. (3) Title III. (4) Part A or B of title IV. (5) Part G of title V. ; (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) Allocation (A) In general Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. (B) Special determination For a local educational agency that is eligible under section 6211 and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under titles II and IV, as long as a determination under this subparagraph would not disproportionately affect any State. ; (ii) by striking paragraph (2) and inserting the following: (2) Determination of initial amount (A) In general The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Special rule For any fiscal year for which the amount made available to carry out this part is $252,000,000 or more, subparagraph (A) shall be applied— (i) by substituting $25,000 for $20,000 ; and (ii) by substituting $80,000 for $60,000 . ; and (iii) by adding at the end the following: (4) Hold harmless For a local educational agency that is not eligible under this subpart but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015, the agency shall receive— (A) for fiscal year 2016, 75 percent of the amount such agency received for fiscal year 2015; (B) for fiscal year 2017, 50 percent of the amount such agency received for fiscal year 2015; and (C) for fiscal year 2018, 25 percent of the amount such agency received for fiscal year 2015. ; and (C) by striking subsection (d); (3) by striking section 6213 and inserting the following: 6213. Academic achievement assessments Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(2). ; (4) in section 6221— (A) in subsection (b)(1)(B), by striking 6, 7, or 8 and inserting 32, 33, 41, 42, or 43 ; and (B) in subsection (c)(1), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; (5) in section 6222(a), by striking paragraphs (1) through (7) and inserting the following: (1) Activities authorized under part A of title I. (2) Activities authorized under part A of title II. (3) Activities authorized under title III. (4) Activities authorized under part A of title IV. (5) Parental involvement activities. (6) Activities authorized under part G of title V. ; (6) in section 6223— (A) in subsection (a), by striking at such time, in such manner, and accompanied by such information and inserting at such time and in such manner ; and (B) by striking subsection (b) and inserting the following: (b) Contents Each application submitted under subsection (a) shall include information on— (1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards under section 1111(b); (2) if the State educational agency or specially qualified agency will competitively award grants to eligible local educational agencies, as described in section 6221(b)(2)(A), the application under the section shall include— (A) the methods and criteria the State educational agency or specially qualified agency will use for reviewing applications and awarding funds to local educational agencies on a competitive basis; and (B) how the State educational agency or specially qualified agency will notify eligible local educational agencies of the grant competition; and (3) a description of how the State educational agency or specially qualified agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 6222. ; (7) in section 6224— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or specially qualified agency after Each State educational agency ; (ii) by striking paragraph (1) and inserting the following: (1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; ; and (iii) by striking paragraph (3) and inserting the following: (3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 6223, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards under section 1111(b). ; (B) by striking subsection (b) and (c) and inserting the following: (b) Report to congress The Secretary shall prepare a summary of the reports under subsection (a) and submit a biennial report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives. ; (C) by redesignating subsection (d) as subsection (c); (D) in subsection (c), as redesignated by subparagraph (C), by striking assessment that is consistent with section 1111(b)(3) and inserting assessment that is consistent with section 1111(b)(2) ; and (E) by striking subsection (e); (8) by inserting after section 6224 the following: 6225. Choice of participation (a) In general If a local educational agency is eligible for funding under both subparts 1 and 2 of this part, such local educational agency may receive funds under either subpart 1 or subpart 2 for a fiscal year, but may not receive funds under both subparts for such fiscal year. (b) Notification A local educational agency eligible for funding under both subparts 1 and 2 of this part shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. ; and (9) in section 6234, by striking $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, and inserting such sums as may be necessary for each of the fiscal years 2016 through 2021, . 6004. General provisions Part C of title VI ( 20 U.S.C. 7371 ) is amended to read as follows: C General provisions 6301. Prohibition against federal mandates, direction, or control Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act. 6302. Rule of construction on equalized spending Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school. . 6005. Review relating to rural local educational agencies (a) Review and report Not later than 18 months after the date of enactment of this Act, the Secretary of Education shall— (1) review the organization, structure, and process and procedures of the Department of Education for administering its programs and developing policy and regulations, in order to— (A) assess the methods and manner through which, and the extent to which, the Department of Education takes into account, considers input from, and addresses the unique needs and characteristics of rural schools and rural local educational agencies; and (B) determine actions that the Department of Education can take to meaningfully increase the consideration and participation of rural schools and rural local educational agencies in the development and execution of the processes, procedures, policies, and regulations of the Department of Education; (2) make public a preliminary report containing the information described under paragraph (1) and provide Congress and the public with 60 days to comment on the proposed actions under paragraph (1)(B); and (3) taking into account comments submitted under paragraph (2), issue a final report to the Committee on Health, Education, Labor, and Pensions of the Senate, which shall describe the final actions developed pursuant to paragraph (1)(B). (b) Implementation Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall— (1) implement each action described in the report under subsection (a)(3); or (2) provide a written explanation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of why the action was not carried out. VII Indian, Native Hawaiian, and Alaska Native education 7001. Indian education Part A of title VII ( 20 U.S.C. 7401 et seq. ) is amended— (1) by striking section 7102 and inserting the following: 7102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to ensure the academic achievement of American Indian and Alaska Native students by meeting their unique cultural, language, and educational needs, consistent with section 1111; (2) to ensure that American Indian and Alaska Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that teachers, principals, other school leaders, and other staff who serve American Indian and Alaska Native students have the ability to provide effective instruction and supports to such students. ; (2) by striking section 7111 and inserting the following: 7111. Purpose It is the purpose of this subpart to support local educational agencies in developing elementary school and secondary school programs for American Indian and Alaska Native students that are designed to— (1) meet the unique cultural, language, and educational needs of such students; and (2) ensure that all students meet the challenging State academic standards adopted under section 1111(b). ; (3) in section 7112— (A) by striking subsection (a) and inserting the following: (a) In general The Secretary may make grants, from allocations made under section 7113, and in accordance with this section and section 7113, to— (1) local educational agencies; (2) Indian tribes; and (3) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, provided that each local educational agency participating in such a consortium— (A) provides an assurance that the eligible Indian children served by such local educational agency receive the services of the programs funded under this subpart; and (B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart. ; (B) in subsection (b)— (i) in paragraph (1), by striking A local educational agency shall and inserting Subject to paragraph (2), a local educational agency shall ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) Cooperative agreements A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— (A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and (B) requests that the local educational agency enter into a cooperative agreement under this subpart. ; and (C) by striking subsection (c) and inserting the following: (c) Indian tribes and indian organizations (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 7114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Unaffiliated indian tribes An Indian tribe that operates a public school and that is not affiliated with either a local educational agency or the Bureau of Indian Education shall be eligible to apply for a grant under this subpart. (3) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) or (2) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 7114 or section 7118(c) or 7119. (4) Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 7114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. (d) Indian community-based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(3) to an Indian community-based organization applying or receiving a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium. (3) Definition of indian community-based organization In this subsection, the term Indian community-based organization means any organization that— (A) is composed primarily of Indian parents and community members, tribal government education officials, and tribal members from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational capacity to manage the grant. (e) Consortia (1) In general A local educational agency, Indian tribe, or Indian organization that meets the eligibility requirements under this section may form a consortium with other eligible local educational agencies, Indian tribes, or Indian organizations for the purpose of obtaining grants and operating programs under this subpart. (2) Requirements In any case where 2 or more local educational agencies, Indian tribes, or Indian organizations that are eligible under subsection (b) form or participate in a consortium to obtain a grant, or operate a program, under this subpart, each local educational agency, Indian tribe, and Indian organization participating in such a consortium shall— (A) provide, in the application submitted under section 7114, an assurance that the eligible Indian children served by such local educational agency, Indian tribe, and Indian organization will receive the services of the programs funded under this subpart; and (B) agree to be subject to all requirements, assurances, and obligations applicable to a local educational agency, Indian tribe, and Indian organization receiving a grant under this subpart. ; (4) in section 7113— (A) in subsection (b)(1), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (B) in subsection (d)— (i) in the subsection heading, by striking Indian Affairs and inserting Indian Education ; and (ii) in paragraph (1)(A)(i), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; (5) in section 7114— (A) in subsection (a), by inserting Indian tribe, or consortia as described in section 7113(b)(2) after Each local educational agency, ; (B) in subsection (b)— (i) in paragraph (2)— (I) in subparagraph (A), by striking is consistent with the State and local plans and inserting supports the State, tribal, and local plans ; and (II) by striking subparagraph (B) and inserting the following: (B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students; ; (ii) by striking paragraph (3) and inserting the following: (3) explains how the local educational agency, tribe, or consortium will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of such students; ; (iii) in paragraph (5)(B), by striking and after the semicolon; (iv) in paragraph (6)— (I) in subparagraph (B)— (aa) in clause (i), by striking and after the semicolon; and (bb) by adding at the end the following: (iii) the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ); and ; and (II) in subparagraph (C), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (7) describes the process the local educational agency used to collaborate with Indian tribes located in the community in the development of the comprehensive programs and the actions taken as a result of such collaboration. ; (C) in subsection (c)— (i) in paragraph (1), by striking the education of Indian children, and inserting services and activities consistent with those described in this subpart, ; (ii) in paragraph (2)— (I) in subparagraph (A), by striking and after the semicolon; (II) in subparagraph (B), by striking served by such agency; and inserting served by such agency, and meet program objectives and outcomes for activities under this subpart; and ; and (III) by adding at the end the following: (C) determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; ; (iii) in paragraph (3)(C)— (I) by inserting representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribe has any children in such school, after parents of Indian children and teachers, ; and (II) by striking and after the semicolon; (iv) in paragraph (4)— (I) in subparagraph (A)— (aa) in clause (i), by inserting and family members after parents ; (bb) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (cc) by inserting after clause (i) the following: (ii) representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribe has any children in such school; ; (II) by striking subparagraph (B) and inserting the following: (B) a majority of whose members are parents and family members of Indian children and representatives of Indian tribes described in subparagraph (A)(ii), as applicable; ; (III) in subparagraph (C), by inserting and family members after , parents ; (IV) in subparagraph (D)(ii), by striking and after the semicolon; (V) in subparagraph (E), by striking the period at the end and inserting ; and ; and (VI) by adding at the end the following: (F) that will determine the extent to which the activities of the local educational agency will address the unique cultural, linguistic, and educational needs of Indian students; ; and (v) by adding at the end the following: (5) the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; (6) the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; and (7) the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart. ; and (D) by adding at the end the following: (d) Outreach The Secretary shall monitor the applications for grants under this subpart to identify eligible local educational agencies and schools operated by the Bureau of Indian Education that have not applied for such grants, and shall undertake appropriate outreach activities to encourage and assist eligible entities to submit applications for such grants. (e) Technical assistance The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— (1) the development of applications under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency. ; (6) in section 7115— (A) in subsection (a)— (i) in paragraph (1), by inserting solely for the services and activities described in such application after under section 7114(a) ; and (ii) in paragraph (2), by inserting to be responsive to the unique learning styles of Indian and Alaska Native children after Indian students ; (B) by striking subsection (b) and inserting the following: (b) Particular activities The services and activities referred to in subsection (a) may include— (1) activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application submitted by the local educational agency; (3) high-quality early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards described in 1111(b); (5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement; (6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006, including programs for tech-prep education, mentoring, and apprenticeship; (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; (8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 7111; (9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; (10) family literacy services; (11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; and (12) dropout prevention strategies and strategies to— (A) meet the educational needs of at-risk Indian students in correctional facilities; and (B) support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; (C) in subsection (c)— (i) in paragraph (1), by striking and after the semicolon; (ii) in paragraph (2), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will provide benefits to Indian students. ; and (D) by adding at the end the following: (e) Limitation on use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. ; (7) in section 7116— (A) in subsection (g)— (i) by striking No Child Left Behind Act of 2001 and inserting Every Child Achieves Act of 2015 ; (ii) by inserting the Secretary of Health and Human Services, after the Secretary of the Interior, ; and (iii) by inserting and coordination after providing for the implementation ; and (B) in subsection (o)— (i) in paragraph (1), by striking Not later than 2 years after the date of enactment of the No Child Left Behind Act of 2001, and inserting Not later than 2 years after date of enactment of the Every Child Achieves Act of 2015, and every 5 years thereafter, ; and (ii) by striking paragraph (2) and inserting the following: (2) Contents The report required under paragraph (1) shall identify— (A) any statutory barriers to the ability of participants to more effectively integrate their education and related services to Indian students in a manner consistent with the objectives of this section; and (B) the effective practices for program integration that result in increased student achievement, graduation rates, and other relevant outcomes for Indian students. ; (8) in section 7117— (A) in subsection (b)(1)— (i) in subparagraph (A)(ii), by inserting or membership after the enrollment ; and (ii) in subparagraph (B), by inserting or membership after the enrollment ; (B) by striking subsection (e) and inserting the following: (e) Documentation (1) In general For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 7113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicate determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Every Child Achieves Act of 2015 and that met the requirements of this section, as this section was in effect on the day before the date of enactment of such Act, shall remain valid for such Indian student. ; (C) in subsection (g), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (D) by adding at the end the following: (i) Technical assistance The Secretary shall, directly or through contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request, in addition to any technical assistance available under section 1114 or available through the Institute of Education Sciences, to support the services and activities described under this section, including for the— (1) development of applications under this section; (2) improvement in the quality of implementation, content of activities, and evaluation of activities supported under this subpart; (3) integration of activities under this title with other educational activities established by the local educational agency; and (4) coordination of activities under this title with programs administered by each Federal agency providing grants for the provision of educational and related services and sharing of best practices. ; (9) in section 7118, by striking subsection (c) and inserting the following: (c) Reduction of payment for failure To maintain fiscal effort Each local educational agency shall maintain fiscal effort in accordance with section 9521 or be subject to reduced payments under this subpart in accordance with such section 9521. ; (10) in section 7121— (A) by striking the section header and inserting the following: 7121. Improvement of educational opportunities for Indian children and youth ; (B) in subsection (a)— (i) in paragraph (1), by inserting and youth after Indian children ; and (ii) in paragraph (2)(B), by inserting and youth after Alaska Native children ; (C) in subsection (b), by striking Indian institution (including an Indian institution of higher education) and inserting a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965) ; (D) in subsection (c)— (i) in paragraph (1)— (I) in subparagraph (A), by inserting and youth after disadvantaged children ; (II) in subparagraph (B), by inserting and youth after such children ; (III) in subparagraph (D), by inserting and youth after Indian children ; (IV) in subparagraph (E), by inserting and youth after Indian children both places the term appears; (V) by striking subparagraph (G) and inserting the following: (G) high-quality early childhood education programs that are effective in preparing young children to be making sufficient academic progress by the end of grade 3, including kindergarten and prekindergarten programs, family-based preschool programs that emphasize school readiness, and the provision of services to Indian children with disabilities; ; and (VI) in subparagraph (L)— (aa) by striking appropriately qualified tribal elders and seniors and inserting traditional leaders ; and (bb) by inserting and youth after Indian children ; (ii) in paragraph (2), by striking Professional development and inserting High-quality professional development ; (E) in subsection (d)— (i) in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines and inserting award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines ; and (ii) in paragraph (3)(B)— (I) in clause (i), by striking parents of Indian children and inserting parents and family of Indian children ; and (II) in clause (iii), by striking information demonstrating that the proposed program for the activities is a scientifically based research program and inserting evidence demonstrating that the proposed program is an evidence-based program ; and (F) by adding at the end the following: (f) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Every Child Achieves Act of 2015 may continue to carry out such activities after such date of enactment under such grant in accordance with the terms of such grant award. ; (11) in section 7122— (A) in subsection (a)— (i) in the subsection heading, by striking Purposes and inserting Purpose ; (ii) in the matter preceding paragraph (1), by striking The purposes of this section are and inserting The purpose of this section is ; (iii) in paragraph (1), by striking individuals in teaching or other education professions that serve Indian people and inserting or Alaska Native teachers and administrators serving Indian or Alaska Native students ; (iv) in paragraph (2)— (I) by inserting and support after to provide training ; (II) by inserting or Alaska Native after Indian ; (III) by striking teachers, administrators, teacher aides and inserting effective teachers, principals, other school leaders, administrators, teacher aides, counselors ; (IV) by striking ancillary educational personnel and inserting specialized instructional support personnel ; and (V) by striking and after the semicolon; (v) in paragraph (3)— (I) by inserting or Alaska Native after Indian ; and (II) by striking the period at the end and inserting ; and ; and (vi) by adding at the end the following: (4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian or Alaska Native students improve their academic achievement, outcomes, and preparation for postsecondary education or the workforce without the need for postsecondary remediation. ; (B) in subsection (b)— (i) in paragraph (1), by striking including an Indian institution of higher education and inserting including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ; and (ii) in paragraph (4), by inserting in a consortium with at least one Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965, where feasible before the period at the end; (C) in subsection (d)— (i) in paragraph (1)— (I) in the first sentence— (aa) by inserting or Alaska Native after Indian ; and (bb) by striking purposes and inserting purpose ; and (II) by striking the second sentence and inserting Such activities may include— (A) continuing education programs, symposia, workshops, and conferences; (B) teacher mentoring programs, professional guidance, and instructional support provided by educators, local tribal elders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers; (C) direct financial support; and (D) programs designed to train tribal elders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support. ; and (ii) in paragraph (2), by adding at the end the following: (C) Continuation Notwithstanding any other provision of this section, a grantee that is carrying out activities pursuant to a grant awarded under this section prior to the date of enactment of the Every Child Achieves Act of 2015 may continue to carry out such activities under such grant in accordance with the terms of that award. ; (D) by striking subsection (e) and inserting the following: (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian or Alaska Native individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian or Alaska Native teachers or principals in local educational agencies that serve a high proportion of Indian or Alaska Native students; and (3) assist participants in meeting the requirements under subsection (h). ; (E) in subsection (f)— (i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (ii) by inserting before paragraph (2), as redesignated by clause (i), the following: (1) may give priority to tribally chartered and federally chartered institutions of higher education; ; and (iii) in paragraph (3), as redesignated by clause (i), by striking basis of and all that follows through the period at the end and inserting basis of the length of any period for which the eligible entity has received a grant. ; (F) by striking subsection (g) and inserting the following: (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and (G) in subsection (h)(1)(A)(ii), by striking people and inserting students in a local educational agency that serves a high proportion of Indian or Alaska Native students ; (12) by striking section 7135 and inserting the following: 7135. Grants to tribes for education administrative planning, development, and coordination (a) In general The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— (1) promote tribal self-determination in education; (2) improve the academic achievement of Indian children and youth; and (3) promote the coordination and collaboration of tribal educational agencies with State and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. (b) Definitions In this section: (1) Eligible applicant In this section, the term eligible applicant means— (A) an Indian tribe or tribal organization approved by an Indian tribe; or (B) a tribal educational agency. (2) Indian tribe The term Indian tribe means a federally recognized tribe or a State-recognized tribe. (3) Tribal educational agency The term tribal educational agency means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. (c) Grant program The Secretary may award grants to— (1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and (2) eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— (A) directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties; (B) build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe; (C) receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed; (D) train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture; (E) build on existing activities or resources rather than replacing other funds; and (F) carry out other activities, subject to the approval of the Secretary. (d) Grant application (1) In general Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may reasonably prescribe. (2) Contents Each application described in paragraph (1) shall contain— (A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; (B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved; and (C) for applications for activities under subsection (c)(2), evidence of— (i) a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and (ii) existing capacity as a tribal educational agency. (3) Approval The Secretary may approve an application submitted by an eligible applicant under this subsection only if the Secretary is satisfied that such application, including any documentation submitted with the application— (A) demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant; (B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and (C) demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought. (e) Restrictions (1) In general A tribe may not receive funds under this section if such tribe receives funds under section 1140 of the Education Amendments of 1978. (2) Direct services No funds under this section may be used to provide direct services. (f) Supplement, not supplant Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students. ; (13) in section 7141(b)(1), by inserting and the Secretary of the Interior after advise the Secretary ; (14) in section 7151, by adding at the end the following: (4) Traditional leaders The term traditional leaders has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). ; and (15) in section 7152— (A) in subsection (a), by striking $96,400,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; and (B) in subsection (b) by striking $24,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 . 7002. Native Hawaiian education Part B of title VII ( 20 U.S.C. 7511 et seq. ) is amended— (1) in section 7202, by striking paragraphs (14) through (21); (2) by striking section 7204 and inserting the following: 7204. Native Hawaiian Education Council (a) Grant authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b). (b) Education council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council ) that meets the requirements of this subsection. (2) Composition The Education Council shall consist of 15 members, of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity; (I) 1 shall be the Mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Mayor of Maui County from the Island of Molokai or the Island of Lanai; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair; vice chair (A) Selection The Education Council shall select a Chairperson and a Vice-Chairperson from among the members of the Education Council. (B) Term limits The Chairperson and Vice-Chairperson shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of funds for coordination activities The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities: (1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of funds for technical assistance The Education Council shall use funds made available through a grant under subsection (a) to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in paragraphs (2) and (3) of section 7205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these priorities; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 1111(b)(1); and (iv) priorities for funding in specific geographic communities. (e) Use of funds for community consultations The Education Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 7205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. ; (3) in section 7205— (A) in subsection (a)(1)— (i) in subparagraph (C), by striking and after the semicolon; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) charter schools; and ; and (B) in subsection (c)— (i) in paragraph (1), by striking for fiscal year 2002 and each of the 5 succeeding 5 fiscal years and inserting for each of fiscal years 2016 through 2021 ; and (ii) in paragraph (2), by striking for fiscal year 2002 and each of the 5 succeeding fiscal years and inserting for each of fiscal years 2016 through 2021 ; and (4) in section 7207— (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) Community consultation The term community consultation means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. . 7003. Alaska Native education Part C of title VII ( 20 U.S.C. 7541 et seq. ) is amended— (1) in section 7302, by striking paragraphs (1) through (7) and inserting the following: (1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Native peoples in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (2) Many Alaska Native children enter and exit school with serious educational disadvantages. (3) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continues, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests. (4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students. (5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. (6) The programs and activities authorized under this part should be led by Alaska Native entities as a means of increasing Alaska Native parent and community involvement in the promotion of academic success of Alaska Native students. (7) The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63 , Alaska ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the Federal trust responsibility of the United States to Alaska Natives. ; (2) in section 7303— (A) in paragraph (1), by inserting and address after To recognize ; (B) by striking paragraph (3); (C) by redesignating paragraph (2) as paragraph (4) and paragraph (4) as paragraph (5); (D) by inserting after paragraph (1) the following: (2) To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students. (3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming. ; (E) in paragraph (4), as redesignated by subparagraph (C), by striking of supplemental educational programs to benefit Alaska Natives. and inserting , management, and expansion of effective educational programs to benefit Alaska Native peoples. ; and (F) by adding at the end the following: (6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, implementation, management, and evaluation of programs designed to serve Alaska Native students, and to ensure that Alaska Native tribes and tribal organizations play a meaningful role in providing supplemental educational services to Alaska Native students. ; (3) by striking section 7304 and inserting the following: 7304. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with, any of the following to carry out the purposes of this part: (A) Alaska Native tribes, Alaska Native tribal organizations, or Alaska Native regional nonprofit corporations with experience operating programs that fulfill the purposes of this part. (B) Alaska Native tribes, Alaska Native tribal organizations, or Alaska Native regional nonprofit corporations without such experience that are in partnership with— (i) a State educational agency or a local educational agency; or (ii) Indian tribes, tribal organizations, or Alaska Native regional nonprofit corporations that operate programs that fulfill the purposes of this part. (C) An entity located in Alaska, and predominately governed by Alaska Natives, that does not meet the definition of an Alaska Native tribe, an Alaska Native tribal organization, or an Alaska Native regional nonprofit corporation, under this part, provided that the entity— (i) has experience operating programs that fulfill the purposes of this part; and (ii) is granted an official charter or sanction, as prescribed in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), from at least one Alaska Native tribe or Alaska Native tribal organization to carry out programs that meet the purposes of this part. (2) Multi-year awards The recipient of a multi-year award under this part, as this part was in effect prior to the date of enactment of the Every Child Achieves Act of 2015, shall be eligible to receive continuation funds in accordance with the terms of that award. (3) Mandatory activities Activities provided through the programs carried out under this part shall include the following: (A) The development and implementation of plans, methods, strategies and activities to improve the educational outcomes of Alaska Native peoples. (B) The collection of data to assist in the evaluation of the programs carried out under this part. (4) Permissible activities Activities provided through programs carried out under this part may include the following: (A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curriculum materials that reflect the cultural diversity, languages, history, or the contributions of Alaska Native people. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (iv) Methods to evaluate teachers’ inclusion of diverse Alaska Native cultures in their lesson plans. (B) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for and understanding of Alaska Native history, cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students and incorporate them into lesson plans and teaching methods. (ii) Recruitment and preparation of teachers who are Alaska Native. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, other school leaders, and superintendents. (C) Early childhood and parenting education activities designed to improve the school readiness of Alaska Native children, including— (i) the development and operation of home visiting programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s education from the earliest ages; (ii) training, education, and support, including in-home visitation, for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development, reading readiness, observation, storytelling, and critical thinking); (iii) family literacy services; (iv) activities carried out under the Head Start Act; (v) programs for parents and their infants, from the prenatal period of the infant through age 3; (vi) early childhood education programs; and (vii) Native language immersion within early childhood, Head Start, or preschool programs. (D) The development and operation of student enrichment programs, including those in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (E) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults and other such research and evaluation activities related to programs funded under this part. (F) Activities designed to increase Alaska Native students’ graduation rates and assist Alaska Native students to be prepared for postsecondary education or the workforce without the need for postsecondary remediation, such as— (i) remedial and enrichment programs; (ii) culturally based education programs such as— (I) programs of study and other instruction in Alaska Native history and ways of living to share the rich and diverse cultures of Alaska Native peoples among Alaska Native youth and elders, non-Native students and teachers, and the larger community; (II) instructing Alaska Native youth in leadership, communication, and Native culture, arts, and languages; (III) inter-generational learning and internship opportunities to Alaska Native youth and young adults; (IV) cultural immersion activities; (V) culturally informed curricula intended to preserve and promote Alaska Native culture; (VI) Native language instruction and immersion activities; (VII) school-within-a-school model programs; and (VIII) college preparation and career planning; and (iii) holistic school or community-based support services to enable such students to benefit from the supplemental programs offered, including those that address family instability, school climate, trauma, safety, and nonacademic learning. (G) The establishment or operation of Native language immersion nests or schools. (H) Student and teacher exchange programs, cross-cultural immersion programs, and culture camps designed to build mutual respect and understanding among participants. (I) Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, utilize strategies otherwise permissible under this part, and incorporate a strong data collection and continuous evaluation component. (J) Strategies designed to increase parents’ involvement in their children’s education. (K) Programs and strategies that provide technical assistance and support to schools and communities to engage adults in promoting the academic progress and overall well-being of Alaska Native people, such as through— (i) strength-based approaches to child and youth development; (ii) positive youth-adult relationships; and (iii) improved conditions for learning (school climate, student connection to school and community), and increased connections between schools and families. (L) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities. (M) Provision of operational support and purchasing of equipment, to develop regional vocational schools in rural areas of Alaska, including boarding schools, for Alaska Native students in grades 9 through 12, or at higher levels of education, to provide the students with necessary resources to prepare for skilled employment opportunities. (N) Regional leadership academies that demonstrate effectiveness in building respect and understanding, and fostering a sense of Alaska Native identity to promote their pursuit of and success in completing higher education or career training. (O) Other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021. ; (4) by striking section 7305 and inserting the following: 7305. Funds for administrative purposes Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes. ; and (5) in section 7306— (A) in paragraph (1), by inserting ( 43 U.S.C. 1602(b) ) and includes the descendants of individuals so defined after Settlement Act ; (B) by striking paragraph (2); and (C) by inserting after paragraph (1) the following: (2) Alaska Native tribe The term Alaska Native tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), except that the term applies only to Indian tribes in Alaska. (3) Alaska Native tribal organization The term Alaska Native tribal organization has the meaning given the term tribal organization in section 4 of the Indian Self-Determination and Education Assistance Act, ( 25 U.S.C. 450b ), except that the term applies only to tribal organizations in Alaska. (4) Alaska native regional nonprofit corporation The term Alaska Native regional nonprofit corporation means an organization listed in clauses (i) through (xii) of section 419(4)(B) of the Social Security Act ( 42 U.S.C. 619(4)(B)(i) -(xii)), or the successor of an entity so listed. . 7004. Native american language immersion schools and programs Title VII ( 20 U.S.C. 7401 ) is further amended by adding at the end the following: D Native American and Alaska Native language immersion schools and programs 7401. Native American and Alaska Native language immersion schools and programs (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction; (2) to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ); and (3) to support the Nation’s First Peoples’ efforts to maintain and revitalize their languages and cultures, and to improve student outcomes within Native American and Alaska Native communities. (b) Program authorized (1) In general From the amounts made available to carry out this part, the Secretary may award grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including prekindergarten through postsecondary education sites and streams, using Native American and Alaska Native languages as the primary language of instruction. (2) Eligible entities In this section, the term eligible entity means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity's use of Native American or Alaska Native languages as the primary language of instruction: (A) An Indian tribe. (B) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965). (C) A tribal education agency. (D) A local educational agency, including a public charter school that is a local educational agency under State law. (E) A school operated by the Bureau of Indian Education. (F) An Alaska Native Regional Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )). (G) A private, tribal, or Alaska Native nonprofit organization. (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the following: (A) The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of present hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any. (D) A description of how the applicant will— (i) use the funds provided to meet the purposes of this part; (ii) implement the activities described in subsection (f); (iii) ensure the implementation of rigorous academic content; and (iv) ensure that students progress towards high-level fluency goals. (E) Information regarding the school’s organizational governance or affiliations, including information about— (i) the school governing entity (such as a local educational agency, tribal education agency or department, charter organization, private organization, or other governing entity); (ii) the school’s accreditation status; (iii) any partnerships with institutions of higher education; and (iv) any indigenous language schooling and research cooperatives. (F) An assurance that— (i) the school is engaged in meeting State or tribally designated proficiency levels for students, as may be required by applicable Federal, State, or tribal law; (ii) the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible; (iii) the qualifications of all instructional and leadership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and (iv) the school will collect and report to the public data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or job training programs, of students who are enrolled in the school's programs. (2) Limitation The Secretary shall not give a priority in awarding grants under this part based on the information described in paragraph (1)(E). (3) Submission of certification (A) In General An eligible entity that is a public elementary school or secondary school (including a public charter school) or a non-tribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph (B) indicating that the school has the capacity to provide education primarily through a Native American or Alaska Native language and that there are sufficient speakers of the target language at the school or available to be hired by the school. (B) Certification The certification described in subparagraph (A) shall be from one of the following entities, on whose land the school is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school: (i) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965). (ii) A federally recognized Indian tribe or tribal organization. (iii) An Alaska Native Regional Corporation or an Alaska Native nonprofit organization. (iv) A Native Hawaiian organization. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount of each grant and the duration of each grant, which shall not exceed 3 years; and (2) ensure, to the maximum extent feasible, that diversity in languages is represented. (e) Activities authorized (1) Required activities An eligible entity that receives a grant under this section shall use such funds to carry out the following activities: (A) Supporting Native American or Alaska Native language education and development. (B) Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program. (C) Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program. (2) Allowable activities An eligible entity that receives a grant under this section may use such funds to carry out the following activities: (A) Developing or refining curriculum, including teaching materials and activities, as appropriate. (B) Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards. (f) Report to secretary Each eligible entity that receives a grant under this part shall provide an annual report to the Secretary in such form and manner as the Secretary may require. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal years 2016 through 2021. . 7005. Improving Indian student data collection, reporting, and analysis (a) In general The Comptroller General, in consultation with the Secretary of Education, the Secretary of the Interior, and tribal communities, shall carry out a study that examines the following: (1) The representation, at the time of the study, of Indian students in national, State, local, and tribal educational reporting required by law. (2) The varying ways that individuals are identified as American Indian and Alaska Native (for example, such as through self-reporting or tribal enrollment records) at the time of the study, by national, State, local, and tribal educational reporting systems, and the impact that such variation has on data analysis or statistical trend comparability across such systems. (3) How reporting of data within the Indian student population can be improved to facilitate comparisons between— (A) Indian students living in urban and rural settings; (B) Indian students living in tribal communities, areas with large Indian populations, and in areas with a low percentage of Indian population; and (C) any other classifications that the Comptroller General determines are significant. (4) The timeliness of Indian student record transfer between schools and other entities or individuals who may receive student records in accordance with the requirements of section 444 of the General Education Provisions Act ((20 U.S.C.1232g); commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). (5) The effectiveness and usefulness for parental, student, Federal, State, tribal, and local educational stakeholders of the findings and structure of the National Indian Education Study conducted by the National Center for Education Statistics in conjunction with the National Assessment of Educational Progress described under section 303 of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622 ). (6) Any other areas of Indian student data collection, reporting, and analysis, as determined by the Comptroller General. (b) Reporting (1) Recipients The Comptroller General shall prepare and submit reports setting forth the conclusions of the study described in subsection (a), in accordance with subsection (c), to each of the following: (A) The Committee on Indian Affairs of the Senate. (B) The Committee on Health, Education, Labor, and Pensions of the Senate. (C) The Committee on Education and the Workforce of the House of Representatives. (D) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the House of Representatives. (2) Future legislation The Comptroller General shall include in the reports described in subsection (b) recommendations to inform future legislation regarding the collection, reporting, and analysis of Indian student data. (c) Timeframe The Comptroller General shall— (1) submit not less than 1 report addressing 1 or more of the areas identified in paragraphs (1) through (6) of subsection (a) not later than 18 months after the enactment of this section; and (2) submit any other reports necessary to address the areas identified in paragraphs (1) through (6) of subsection (a) not later than 5 years after the enactment of this section. 7006. Report on elementary and secondary education in rural or poverty areas of Indian country (a) In general By not later than 90 days after the date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall conduct a study regarding elementary and secondary education in rural or poverty areas of Indian country. (b) Report By not later than 270 days after the date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall prepare and submit to Congress a report on the study described in subsection (a) that— (1) includes the findings of the study; (2) identifies barriers to autonomy that Indian tribes have within elementary schools and secondary schools funded or operated by the Bureau of Indian Education; (3) identifies recruitment and retention options for highly effective teachers and school administrators for elementary school and secondary schools in rural or poverty areas of Indian country; (4) identifies the limitations in funding sources and flexibility for such schools; and (5) provides strategies on how to increase high school graduation rates in such schools, in order to increase the high school graduation rate for students at such schools. (c) Definitions In this section: (1) ESEA definitions The terms elementary school , high school , and secondary school shall have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Indian country The term Indian country has the meaning given the term in section 1151 of title 18, United States Code. (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 7007. Report on responses to Indian student suicides (a) Preparation (1) In general The Secretary of Education, in coordination with the Secretary of the Interior and the Secretary of Health and Human Services, shall prepare a report on efforts to address outbreaks of suicides among elementary school and secondary school students (referred to in this section as student suicides ) that occurred within 1 year prior to the date of enactment of this Act in Indian country (as defined in section 1151 of title 18, United States Code). (2) Contents The report shall include information on— (A) the Federal response to the occurrence of high numbers of student suicides in Indian country (as so defined); (B) a list of Federal resources available to prevent and respond to outbreaks of student suicides, including the availability and use of tele-behavioral health care; (C) any barriers to timely implementation of programs or interagency collaboration regarding student suicides; (D) interagency collaboration efforts to streamline access to programs regarding student suicides, including information on how the Department of Education, the Department of the Interior, and the Department of Health and Human Services work together on administration of such programs; (E) recommendations to improve or consolidate resources or programs described in subparagraph (B) or (D); and (F) feedback from Indian tribes to the Federal response described in subparagraph (A). (b) Submission Not later than 90 days after the date of enactment of this Act, the Secretary of Education shall submit the report described in subsection (a) to the appropriate committees of Congress. VIII Impact Aid 8001. Purpose Section 8001 ( 20 U.S.C. 7701 ) is amended in the matter preceding paragraph (1), by striking challenging State standards and inserting the same challenging State academic standards . 8002. Amendment to Impact Aid Improvement Act of 2012 Section 563(c) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1748; 20 U.S.C. 7702 note) is amended— (1) by striking paragraphs (1) and (4); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. 8003. Payments relating to federal acquisition of real property Section 8002 ( 20 U.S.C. 7702 ) is amended— (1) in subsection (b)(3), by striking subparagraph (B) and inserting the following: (B) Special rule In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by— (i) first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shared the Federal property, as provided in subparagraph (A)(ii); (ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and (iii) then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency. ; (2) in subsection (e)(2), by adding at the end the following: For each fiscal year beginning with fiscal year 2015, the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1). For each fiscal year beginning with fiscal year 2015, the Secretary shall treat local educational agencies that serve a county chartered or formed in 1734 having more than 24 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1). ; (3) by striking subsection (f) and inserting the following: (f) Special rule Beginning with fiscal year 2015, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of this subsection, as such subsection was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015. ; (4) in subsection (h)(4), by striking For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted and inserting For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year ; (5) by striking subsection (k); and (6) by redesignating subsections (l), (m), and (n), as subsections (j), (k), and (l), respectively. 8004. Payments for eligible federally connected children Section 8003 ( 20 U.S.C. 7703 ) is amended— (1) in subsection (a)(5)(A), by striking to be children and all that follows through the period at the end and inserting or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B), if the property described is— (i) within the fenced security perimeter of the military facility; or (ii) attached to, and under any type of force protection agreement with, the military installation upon which such housing is situated.; . (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (B) in paragraph (2), by striking subparagraphs (B) through (H) and inserting the following: (B) Eligibility for heavily impacted local educational agencies (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency— (aa) whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and (bb) that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for any agency that has a total student enrollment less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that— (AA) has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; or (BB) was eligible to receive a payment under this subsection for fiscal year 2013 and is located in a State that by State law has eliminated ad valorem tax as a revenue for local educational agencies; (III) is a local educational agency that— (aa) has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and (bb) (AA) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; or (BB) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent, and for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which— (aa) not less than 50 percent are children described in subsection (a)(1); and (bb) not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (V) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent of the total student enrollment of the agency; (bb) has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of all States (whichever average per-pupil expenditure is greater), except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement, and has a tax rate for general fund purposes which is not less than 95 percent of the average tax rate for general fund purposes of local educational agencies in the State; and (cc) was eligible to receive assistance under subparagraph (A) for fiscal year 2001. (ii) Loss of eligibility (I) In general Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Loss of eligibility due to falling below 95 percent of the average tax rate for general fund purposes In a case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii). (III) Taken over by state board of education In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in 2 previous years, such agency shall be deemed to maintain heavily impacted status for 2 fiscal years following the date of enactment of the Every Child Achieves Act of 2015. (iii) Resumption of eligibility A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made. (C) Maximum amount for heavily impacted local educational agencies (i) In general Except as provided in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Calculation of weighted student units (I) In general (aa) In general For a local educational agency in which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency's total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Exception Notwithstanding item (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment and shall be eligible for the student weight as provided for in item (aa). (II) Enrollment of 100 or fewer children For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) Enrollment of more than 100 children but less than 1000 For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. (D) Maximum amount for large heavily impacted local educational agencies (i) In general (I) In general Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) Heavily impacted local educational agency A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Factor For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. (E) Data For purposes of providing assistance under this paragraph the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this paragraph. (F) Determination of average tax rates for general fund purposes (i) In general Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either— (I) the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or (II) the average tax rate of all the local educational agencies in the State. (ii) Fiscal years 2010–2015 (I) In general For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph (A) because the Secretary determined that it failed to meet the average tax rate requirement for general fund purposes in subparagraph (B)(i)(II)(cc)(AA), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement. (II) Subsequent fiscal years after 2015 For any succeeding fiscal year after 2015, any local educational agency identified in subclause (I) may continue to have its State use that alternate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(cc)(AA) is met. (III) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve an amount equal to a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2013 or 2014 in order to make payments under this clause for fiscal years 2011 through 2014. (G) Eligibility for heavily impacted local educational agencies affected by privatization of military housing (i) Eligibility For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph (B), (C), or (D), as the case may be, due to of the conversion of military housing units to private housing described in clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph (B) or (C), as the case may be, for the period during which the housing units are undergoing such conversion or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing. (ii) Amount of payment The amount of a payment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph (C) or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph (C) or (D) under which the agency was paid during the prior fiscal year. (iii) Conversion of military housing units to private housing described For purposes of clause (i), conversion of military housing units to private housing means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law. ; and (C) in paragraph (3)— (i) in subparagraph (B), by striking clause (iii) and inserting the following: (iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment in fiscal year 2009 calculated under this paragraph (as this paragraph was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015) for students in grades 9 through 12, the Secretary shall, in calculating the agency's payment, consider only that portion of such agency's total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II). ; (ii) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), and inserting subparagraph (C) or (D) of paragraph (2) ; and (iii) by striking subparagraph (D) and inserting the following: (D) Ratable distribution For fiscal years described in subparagraph (A), for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraphs (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment (as calculated under subparagraphs (B) or (C)) of the agency, except that no local educational agency shall receive more than 100 percent of the maximum payment calculated under subparagraphs (C) or (D) of paragraph (2). (E) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated are insufficient to pay each local educational agency all of the local educational agency's threshold payment described in subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (F) Provision of tax rate and resulting percentage The Secretary shall provide the local educational agency’s tax rate and the resulting percentage to each eligible local educational agency immediately following the payments of funds under paragraph (2). ; and (D) in paragraph (4)(B), by striking subparagraph (D) or (E) and inserting subparagraph (C) or (D) ; (3) in subsection (c), by striking paragraph (2) and inserting the following: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of Interior, or the heads of other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year. ; (4) in subsection (d)— (A) in the subsection heading, by striking Children and inserting Students ; (B) in paragraph (1), by striking children both places the term appears and inserting students ; and (C) in paragraph (2), by striking children and inserting students ; (5) in subsection (e)— (A) by striking paragraphs (1) and (2) and inserting the following: (1) In general (A) In general In the case of any local educational agency whose payment under subsection (b) for a fiscal year is determined to be reduced by an amount greater than $5,000,000 or by 20 percent, as compared to the amount received for the previous fiscal year, the Secretary shall, subject to subparagraph (B), pay a local educational agency, for each of the 3 years following the reduction under subsection (b), the amount determined under subparagraph (B). (B) Amount of reduction Subject to subparagraph (C), a local educational agency described in subparagraph (A) shall receive— (i) for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency received under paragraph (1) or (2) of subsection (b) for the fiscal year prior to the reduction (referred to in this paragraph as the base year ); (ii) for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under paragraph (1) or (2) of subsection (b) for the base year; and (iii) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under paragraph (1) or (2) of subsection (b) for the base year. (C) Special rule For any fiscal year for which a local educational agency would be subject to a reduced payment under clause (ii) or (iii) of subparagraph (B), but the total amount of the payment for which the local educational agency is eligible under subsection (b) for that fiscal year is greater than the amount that initially subjected the local educational agency to the requirements of this subsection, the Secretary shall pay the greater amount to the local educational agency for such year. ; and (B) by redesignating paragraph (3) as paragraph (2); and (6) by striking subsection (g). 8005. Policies and procedures relating to children residing on indian lands Section 8004(e)(9) ( 20 U.S.C. 7704(e)(9) ) is amended by striking Affairs both places the term appears and inserting Education . 8006. Application for payments under sections 8002 and 8003 Section 8005 ( 20 U.S.C. 7705 ) is amended— (1) in subsection (b), in the matter preceding paragraph (1), by striking , and shall contain such information, ; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: (c) Student count In collecting information to determine the eligibility of a local educational agency and the number of federally connected children for the local educational agency, the Secretary shall, in addition to any options provided under section 222.35 of title 34, Code of Federal Regulations, or a successor regulation, allow a local educational agency to count the number of such children served by the agency as of the date by which the agency requires all students to register for the school year of the fiscal year for which the application is filed. ; and (4) in subsection (d), by striking subsection (c) and inserting subsection (d) each place the term appears. 8007. Construction Section 8007 ( 20 U.S.C. 7707(b) ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking section 8014(e) and inserting section 8014(d) ; and (B) in paragraph (3)— (i) in subparagraph (A)(i)— (I) by redesignating the first subclause (II) as subclause (I); and (II) by striking section 8014(e) and inserting section 8014(d) ; and (ii) in subparagraph (B)(i)(I), by striking section 8014(e) and inserting section 8014(d) ; and (2) in subsection (b)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking section 8014(e) and inserting section 8014(d) ; (B) in paragraph (3)(C)(i)(I), by adding at the end the following: (cc) Not less than 10 percent of the property in the agency is exempt from State and local taxation under Federal law. ; and (C) in paragraph (6), by striking subparagraph (F). 8008. Facilities Section 8008(a) ( 20 U.S.C. 7708 ) is amended by striking section 8014(f) and inserting section 8014(e) . 8009. State consideration of payments in providing state aid Section 8009(c)(1)(B) ( 20 U.S.C. 7709(c)(1)(B) ) is amended by striking and contain the information . 8010. Definitions Section 8013(5)(A) ( 20 U.S.C. 7713(5)(A) ) is amended— (1) in clause (ii), by striking subclause (III) and inserting the following: (III) conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act— (aa) that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and (bb) is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attendance Area ; and (2) in clause (iii)— (A) in subclause (II), by striking Stewart B. McKinney Homeless Assistance Act and inserting McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) ; and (B) by striking subclause (III) and inserting the following: (III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); or . 8011. Authorization of appropriations Section 8014 ( 20 U.S.C. 7714 ) is amended— (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; (2) in subsection (b), by striking $809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; (3) in subsection (c), by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; (5) in subsection (d), as redesignated by paragraph (4), by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 ; and (6) in subsection (e), as redesignated by paragraph (4), by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting such sums as may be necessary for each of fiscal years 2016 through 2021 . IX General provisions 9101. Definitions Section 9101 ( 20 U.S.C. 7801 ) is amended— (1) by striking paragraphs (3), (19), (23), (35), (36), (37), and (42); (2) by redesignating paragraphs (1), (2), (17), (18), (20), (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and (43) as paragraphs (2), (3), (20), (21), (26), (27), (28), (30), (22), (31), (32), (34), (35), (36), (38), (39), (40), (41), (43), (44), (47) and (48), respectively, and by transferring such paragraph (22), as so redesignated, so as to follow such paragraph (21), as so redesignated; (3) by inserting before paragraph (2), as redesignated by paragraph (2), the following: (1) 4-year adjusted cohort graduation rate The term 4-year adjusted cohort graduation rate has the meaning given the term four-year adjusted cohort graduation rate in section 200.19(b)(1) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008. ; (4) by striking paragraph (11) and inserting the following: (11) Core academic subjects The term core academic subjects means English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, and physical education, and any other subject as determined by the State or local educational agency. ; (5) in paragraph (13)— (A) by striking subparagraphs (B), (E), (G), and (K); (B) by redesignating subparagraphs (C), (D), (F), (H), (I), (J), and (L), as subparagraphs (B), (C), (D), (E), (F), (G), and (I), respectively; and (C) by inserting after subparagraph (G), as redesignated by subparagraph (B), the following: (H) part G of title V; and ; (6) by inserting after paragraph (16) the following: (17) Dual or concurrent enrollment The term dual or concurrent enrollment means a course or program provided by an institution of higher education through which a student who has not graduated from high school with a regular high school diploma is able to earn postsecondary credit. (18) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965. (19) Early college high school The term early college high school means a formal partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 transferable credits as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family. . (7) in paragraph (22), as redesignated and moved by paragraph (2)— (A) in the paragraph heading, by striking Limited english proficient and inserting English learner ; (B) in the matter preceding subparagraph (A), by striking limited English proficient and inserting English learner ; and (C) in subparagraph (D)(i), by striking State’s proficient level of achievement on State assessments described in section 1111(b)(3) and inserting challenging State academic standards described in section 1111(b)(1) ; (8) by inserting after paragraph (22), as transferred and redesignated by paragraph (2), the following: (23) Evidence-based (A) In general Except as provided in subparagraph (B), the term evidence-based , when used with respect to an activity, means an activity that— (i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on— (I) strong evidence from at least 1 well-designed and well-implemented experimental study; (II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or (III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or (ii) (I) demonstrates a rationale that is based on high-quality research findings that such activity is likely to improve student outcomes or other relevant outcomes; and (II) includes ongoing efforts to examine the effects of such activity. (B) Definition for part A of title I For purposes of part A of title I, the term evidence-based , when used with respect to an activity, means an activity that meets the requirements of subclause (I) or (II) of subparagraph (A)(i). (24) Expanded learning time The term expanded learning time means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for— (A) instruction and enrichment in core academic subjects, other academic subjects, and other activities that contribute to a well-rounded education; and (B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects. (25) Extended-year adjusted cohort graduation rate The term extended-year adjusted cohort graduation rate has the meaning given the term in section 200.19(b)(1)(v) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008. ; (9) by inserting after paragraph (28), as redesignated by paragraph (2), the following: (29) High school The term high school means a secondary school that— (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. ; (10) in paragraph (31), as redesignated by paragraph (2), in subparagraph (C)— (A) in the subparagraph heading, by striking BIA and inserting BIE ; and (B) by striking Affairs both places the term appears and inserting Education ; (11) by inserting after paragraph (32), as redesignated by paragraph (2), the following: (33) Multi-tier system of supports The term multi-tier system of supports means a comprehensive continuum of evidence-based, system-wide practices to support a rapid response to academic and behavioral needs, with frequent data-based monitoring for instructional decisionmaking. ; (12) in paragraph (35), as redesignated by paragraph (2), by striking pupil services and inserting specialized instructional support ; (13) in paragraph (36), as redesignated by paragraph (2), by striking includes the freely associated states and all that follows through the period at the end and inserting includes the Republic of Palau except during any period for which the Secretary determines that a Compact of Free Association is in effect that contains provisions for education assistance prohibiting the assistance provided under this Act. ; (14) by inserting after paragraph (36), as redesignated by paragraph (2), the following: (37) Paraprofessional The term ‘paraprofessional’, also known as a ‘paraeducator’, includes an education assistant and instructional assistant. . (15) in paragraph (39), as redesignated by paragraph (2)— (A) in subparagraph (C), by inserting and after the semicolon; and (B) in subparagraph (D), by striking section 1118 and inserting section 1115 ; (16) by striking paragraph (41), as redesignated by paragraph (2), and inserting the following: (41) Professional development The term professional development means activities that— (A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in the core academic subjects and to meet challenging State academic standards; and (B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, classroom-focused, and may include activities that— (i) improve and increase teachers’— (I) knowledge of the academic subjects the teachers teach; (II) understanding of how students learn; and (III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; (ii) are an integral part of broad schoolwide and districtwide educational improvement plans; (iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback; (iv) improve classroom management skills; (v) support the recruiting, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification; (vi) advance teacher understanding of— (I) effective instructional strategies that are evidence-based; and (II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers; (vii) are aligned with, and directly related to academic goals of the school or local educational agency; (viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act; (ix) are designed to give teachers of children who are English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments; (x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach; (xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development; (xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tiered systems of supports, and use of accommodations; (xiii) include instruction in the use of data and assessments to inform and instruct classroom practice; (xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families; (xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c (b)), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions; (xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; (xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and (xviii) where applicable and practical, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness. ; (17) by inserting after paragraph (41), as redesignated by paragraph (2), the following: (42) School leader The term school leader means a principal, assistant principal, or other individual who is— (A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and (B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building. ; (18) by inserting after paragraph (44), as redesignated by paragraph (2), the following: (45) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel means — (i) school counselors, school social workers, and school psychologists; and (ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (B) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel. ; (19) by inserting after paragraph (48), as redesignated by paragraph (2), the following: (49) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965. ; and (20) by striking the undesignated paragraph between paragraphs (45), as added by paragraph (18), and (47), as redesignated by paragraph (2), and inserting the following: (46) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. (47) Middle grades The term middle grades means any of grades 5 through 8. . 9102. Applicability to Bureau of Indian education operated schools Section 9103 ( 20 U.S.C. 7803 ) is amended— (1) in the section heading, by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (2) by striking Bureau of Indian Affairs each place the term appears and inserting Bureau of Indian Education . 9102A. Consolidation of State administrative funds for elementary and secondary education programs Section 9201(b)(2) (20 U.S.C. 7821 (b)(2)) is amended— (1) in subparagraph (G), by striking and after the semicolon; (2) in subparagraph (H), by striking the period and inserting ; and ; and (3) by adding at the end the following: (I) implementation of fiscal support teams that provide technical fiscal support assistance, which shall include evaluating fiscal, administrative, and staffing functions, and any other key operational function. . 9102B. Consolidation of funds for local administration Section 9203(d) ( 20 U.S.C. 7823(d) ) is amended to read as follows: (d) Uses of administrative funds (1) In general 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 9201(b)(2). (2) Fiscal support teams A local educational agency that uses funds as described in 9201(b)(2)(I) may contribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds. . 9103. Consolidation of funds for local administration Section 9203(b) ( 20 U.S.C. 7823(b) ) is amended by striking Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State and inserting A State . 9104. Rural consolidated plan Section 9305 ( 20 U.S.C. 7845 ) is amended by adding at the end the following: (e) Rural consolidated plan (1) In General Two or more eligible local educational agencies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf. (2) Eligible local educational agency For the purposes of this subsection, the term eligible local educational agency means a local educational agency that is an eligible local educational agency under part B of title VI. . 9105. Waivers of statutory and regulatory requirements Section 9401 ( 20 U.S.C. 7861 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Request for waiver by State or Indian tribe A State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Local educational agency and school requests submitted through the State (A) Request for waiver by local educational agency A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate. (B) Request for waiver by school An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate. (3) Receipt of waiver Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking , local educational agency, and inserting , acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), ; and (II) by inserting , which shall include a plan after to the Secretary ; and (ii) by striking subparagraphs (C) and (D) and inserting the following: (C) describes the methods the State educational agency, local educational agency, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan; (D) includes only information directly related to the waiver request on how the State educational agency, local educational agency, or Indian tribe will maintain and improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of students according to each category of students described in section 1111(b)(2)(B)(xi); and ; (B) in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) and inserting (on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State) ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State under subsection (a)(2), after acting on its own behalf, ; and (II) in clause (i)— (aa) by striking all interested local educational agencies and inserting any interested local educational agency ; and (bb) by inserting , to the extent that the request impacts the local educational agency before the semicolon at the end; and (ii) in subparagraph (B)(i), by striking reviewed by the State educational agency and inserting reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary ; and (D) by adding at the end the following: (4) Waiver determination, demonstration, and revision (A) In general The Secretary shall issue a written determination regarding the approval or disapproval of a waiver request not more than 90 days after the date on which such request is submitted, unless the Secretary determines and demonstrates that— (i) the waiver request does not meet the requirements of this section; or (ii) the waiver is not permitted under subsection (c). (B) Waiver determination and revision If the Secretary determines and demonstrates 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 (through the State educational agency), or Indian tribe, as applicable, of such determination; and (II) provide detailed reasons for such determination in writing and in a public manner, such as posting to the Department’s website in a clear and easily accessible manner; (ii) offer the State educational agency, local educational agency (through the State educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission does not meet the requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may disapprove a waiver request if— (i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency (through the State 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 determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii). (D) External conditions The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; (3) in subsection (c)— (A) in paragraph (8), by striking subpart 1 of part B of title V and inserting part A of title V ; and (B) in paragraph (10), by striking subsections (a) and (b) of section 1113 and insert section 1113(a) both places the term appears; (4) in subsection (d)— (A) in the subsection heading, by adding ; Limitations after Waiver ; and (B) by adding at the end the following: (3) Specific limitations The Secretary shall not place any requirements on a State educational agency, local educational agency, or Indian tribe as a condition, criterion, or priority for the approval of a waiver request, unless such requirements are— (A) otherwise requirements under this Act; and (B) directly related to the waiver request. ; (5) by striking subsection (e) and inserting the following: (e) Reports A State educational agency, local educational agency, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(d)— (1) the progress of schools covered under the provisions of such waiver toward improving the quality of instruction to students and increasing student academic achievement; and (2) how the use of the waiver has contributed to such progress. ; (6) in subsection (f), by striking if the Secretary determines and all that follows through the period at the end and inserting the following: if, after notice and an opportunity for a hearing, the Secretary— (A) presents substantial evidence that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or (B) determines that the waiver is no longer necessary to achieve its original purposes. ; and (7) by adding at the end the following: (h) Effect of enactment of ECAA on waiver requirements and conditions (1) In general Any requirement or condition of any waiver agreement entered into by a State, local educational agency, or Indian tribe with the Secretary, as authorized under this section, between September 23, 2011, and the day before the effective date of the Every Child Achieves Act of 2015 shall be void and have no force of law if such requirement or condition is not otherwise a requirement or condition under this Act. (2) Rule of construction Nothing in paragraph (1) shall be construed as voiding any waiver granted by the Secretary under this section before the date of enactment of the Every Child Achieves Act of 2015 that is not voided under paragraph (1), which shall remain in effect for the period of time specified under the waiver. . 9106. Plan approval process Title IX ( 20 U.S.C. 7801 et seq. ) is amended— (1) by redesignating parts E and F as parts F and G, respectively; (2) in section 9573— (A) in subsection (b)(1), by striking early childhood development (Head Start) services and inserting early childhood education programs ; (B) in subsection (c)(2)— (i) in the paragraph heading by striking development services and inserting education programs ; and (ii) by striking development (Head Start) services and inserting education programs ; and (C) in subsection (e), as redesignated by section 4001(5), in paragraph (3), by striking subparagraph (C) and inserting the following: (C) such other matters as justice may require. ; and (3) by inserting after section 9401 the following: E Approval and disapproval of state plans and local applications 9451. Approval and disapproval of state plans (a) Deemed approval A plan submitted by a State pursuant to section 2101(d), 4103(d), or 9302 shall be deemed to be approved by the Secretary unless— (1) the Secretary makes a written determination, prior to the expiration of the 90-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d) or 4103(d) or part C, respectively; and (2) the Secretary presents substantial evidence that clearly demonstrates that such State plan does not meet the requirements of section 2101(d) or 4103(d) or part C, respectively. (b) Disapproval process (1) In general The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(d), or 9302, except after giving the State educational agency notice and an opportunity for a hearing. (2) Notifications If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d) or 4103(d) or part C, as applicable, the Secretary shall— (A) immediately notify the State of such determination; (B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; (C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present substantial evidence to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable; (D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable; (E) conduct a public hearing within 30 days of the plan's resubmission under subparagraph (C), with public notice provided not less than 15 days before such hearing, unless a State declines the opportunity for such public hearing; and (F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. (3) Response If the State educational agency responds to the Secretary’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan with the requested information described in paragraph (2)(C), the Secretary shall approve or disapprove such plan prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the plan is resubmitted; or (B) the expiration of the 90-day period described in subsection (a). (4) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. (c) Peer-review requirements Notwithstanding any other requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(3). 9452. Approval and disapproval of local educational agency applications (a) Deemed approval An application submitted by a local educational agency pursuant to section 2102(b), 4104(b), or 9305, shall be deemed to be approved by the State educational agency unless— (1) the State educational agency makes a written determination, prior to the expiration of the 90-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2102(b) or 4104(b), or part C, respectively; and (2) the State presents substantial evidence that clearly demonstrates that such application does not meet the requirements of section 2102(b) or 4104(b), or part C, respectively. (b) Disapproval process (1) In general The State educational agency shall not finally disapprove an application submitted under section 2102(b), 4104(b), or 9305 except after giving the local educational agency notice and opportunity for a hearing. (2) Notifications If the State educational agency finds that the application submitted under section 2102(b), 4104(b), or 9305 is not in compliance, in whole or in part, with section 2102(b) or 4104(b), or part C, respectively, the State educational agency shall— (A) immediately notify the local educational agency of such determination; (B) provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; (C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present substantial evidence to clearly demonstrate that the application meets the requirements of such section or part; (D) provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable; (E) conduct a public hearing within 30 days of the application's resubmission under subparagraph (C), with public notice provided not less than 15 days before such hearing, unless a local educational agency declines the opportunity for such public hearing; and (F) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If the local educational agency responds to the State educational agency’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(C), the State educational agency shall approve or disapprove such application prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B) the expiration of the 90-day period described in subsection (a). (4) Failure to respond If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) during the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. . 9107. Participation by private school children and teachers Section 9501 ( 20 U.S.C. 7881 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking subparagraphs (A) through (H) and inserting the following: (A) part C of title I; (B) part A of title II; (C) part E of title II; (D) part A of title III; (E) parts A and B of title IV; and (F) part G of title V. ; and (B) by striking paragraph (3); and (2) in subsection (c)(1)— (A) in subparagraph (E)— (i) by striking and the amount and inserting , the amount ; and (ii) by striking services; and and inserting services, and how that amount is determined; ; (B) in subparagraph (F), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (G) whether the agency, consortium, or entity shall provide services directly or assign responsibility for the provision of services to a separate government agency, consortium, or entity, or to a third-party contractor. . 9108. Maintenance of effort Section 9521 ( 20 U.S.C. 7901 ) is amended— (1) in subsection (a), by inserting , subject to the requirements of subsection (b) after for the second preceding fiscal year ; (2) in subsection (b)(1), by inserting before the period at the end the following: , if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years ; and (3) in subsection (c)(1), by inserting or a change in the organizational structure of the local educational agency after , such as a natural disaster . 9109. School prayer Section 9524(a) ( 20 U.S.C. 7904(a) ) is amended by striking on the Internet and inserting by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner . 9110. Prohibitions on Federal Government and use of Federal funds Section 9527 ( 20 U.S.C. 7907 ) is amended to read as follows: 9527. Prohibitions on Federal Government and use of Federal funds (a) General prohibition (1) In general Nothing in this Act shall be construed to authorize an officer or employee of the Federal Government, through grants, contracts, or other cooperative agreements (including as a condition of any waiver provided under section 9401) to— (A) mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, instructional content, specific academic standards or assessments, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act; (B) incentivize a State, local educational agency, or school to adopt any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction, including by providing any priority, preference, or special consideration during the application process for any grant, contract, or cooperative agreement that is based on the adoption of any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction; or (C) make financial support available in a manner that is conditioned upon a State, local educational agency, or school’s adoption of any specific instructional content, academic standards, academic assessments, curriculum, or program of instruction (such as the Common Core State Standards developed under the Common Core State Standards Initiative, any other standards common to a significant number of States, or any specific assessment, instructional content, or curriculum aligned to such standards). (b) Prohibition on endorsement of curriculum Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly, including through any grant, contract, cooperative agreement, or waiver provided by the Secretary under section 9401, to endorse, approve, or sanction any curriculum (including the alignment of such curriculum to any specific academic standard) designed to be used in an early childhood education program, elementary school, secondary school, or institution of higher education. (c) Prohibition on requiring Federal approval or certification of standards (1) In general Notwithstanding any other provision of Federal law, no State shall be required to have academic content or academic achievement standards approved or certified by the Federal Government, in order to receive assistance under this Act. (2) Rules of construction (A) Applicability Nothing in this subsection shall be construed to affect requirements under title I. (B) State or local authority Nothing in this section shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. (3) Building standards Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school. . 9111. Armed forces recruiter access to students and student recruiting information Section 9528 ( 20 U.S.C. 7908 ) is amended by striking subsection (d). 9112. Prohibition on federally sponsored testing Section 9529 ( 20 U.S.C. 7909 ) is amended to read as follows: 9529. 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, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. (b) Exceptions Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(6) 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. (c) Rule of construction Nothing in this section shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State or local educational agency or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. . 9113. Limitations on national testing or certification for teachers Section 9530(a) ( 20 U.S.C. 7910(a) ) is amended— (1) by inserting , principals, after teachers ; and (2) by inserting , or incentive regarding, after administration of . 9114. Consultation with Indian tribes and tribal organizations Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by section 4001(3), and redesignated by section 9106(1), is further amended by adding at the end the following: 9538. Consultation with Indian tribes and tribal organizations (a) In general To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency during the design and development of the affected local educational agency's programs under this Act, with the overarching goal of meeting the unique cultural, language, and educational needs of American Indian and Alaska Native students. (b) Timing The consultation described in subsection (a) shall include meetings of officials from the affected local educational agency and the tribes or tribal organizations approved by the tribes and shall occur before the affected local educational agency makes any decision regarding how the needs of American Indian and Alaska Native children will be met in covered programs or in services or activities provided under title VII. (c) Documentation Each affected local educational agency shall maintain in the agency's records and provide to the State educational agency a written affirmation signed by officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency. (d) Affected local educational agency In this section, the term affected local educational agency means a local educational agency— (1) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or (2) with an enrollment of not less than 50 American Indian or Alaska Native students. . 9114A. Application for competitive grants from the Bureau of Indian Education Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3) and 9114 and redesignated by section 9106(1), is further amended by adding at the end the following: 9539A. Application for competitive grants from the Bureau of Indian Education (a) In general Notwithstanding any other provision of this Act and subject to subsection (b), the Bureau of Indian Education may apply for, and carry out, any grant program awarded on a competitive basis under this Act, as appropriate, on behalf of the schools and the Indian children that the Bureau serves, and shall not be subject to any provision of the program that requires grant recipients to contribute funds toward the costs of the grant program. (b) Limitation In the case of any competitive grant program described in subsection (a) that also provides a reservation of funds to the Bureau of Indian Education, the Bureau shall not, for any fiscal year, receive both a grant and a reservation under the competitive grant program. . 9115. Outreach and technical assistance for rural local educational agencies Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3) and 9114, and redesignated by section 9106(1), is further amended by adding at the end the following: 9539B. Outreach and technical assistance for rural local educational agencies (a) Outreach The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act. (b) Technical assistance If requested to do so, the Secretary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application. . 9115A. Consultation with the Governor Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3), 9114, and 9115, and redesignated by section 9106(1), is further amended by adding at the end the following: 9540. Consultation with the Governor (a) In general A State educational agency shall consult in a timely and meaningful manner with the Governor, or appropriate officials from the Governor’s office, in the development of State plans under titles I and II and section 9302. (b) Timing The consultation described in subsection (a) shall include meetings of officials from the State educational agency and the Governor’s office and shall occur— (1) during the development of such plan; and (2) prior to submission of the plan to the Secretary. (c) Joint signature authority A Governor shall have 30 days prior to the State educational agency submitting the State plan under title I or II or section 9302 to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the State educational agency to the Governor, the State educational agency shall submit the plan to the Secretary without such signature. . 9115B. Local governance Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3), 9114, and 9115, and redesignated by section 9106(1), is further amended by adding at the end the following: 9540A. Local governance (a) Rule of construction Nothing in this Act shall be construed to allow the Secretary to— (1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this Act; (2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5, United States Code; or (3) issue any non-regulatory guidance without first, to the extent feasible, considering input from stakeholders. (b) Authority under other law Nothing in subsection (a) shall be construed to affect any authority the Secretary has under any other Federal law. . 9115C. Rule of construction regarding travel to and from school Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections, 9114 and 9115, and redesignated by section 9601, is further amended by adding at the end the following: 9539C. Rule of construction regarding travel to and from school (a) In General Subject to subsection (b), nothing in this Act shall authorize the Secretary to, or shall be construed to— (1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or (2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate. (b) No preemption of State or local laws Notwithstanding subsection (a), nothing in this section shall be construed to preempt State or local laws. . 9116. Evaluations Section 9601 ( 20 U.S.C. 7941 ) is amended to read as follows: 9601. Evaluations (a) Reservation of funds Except as provided in subsection (b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts— (1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— (A) conduct comprehensive, high-quality evaluations of the programs that— (i) are consistent with the evaluation plan under subsection (d); and (ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; (B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on schools and local educational agencies; and (C) widely disseminate evaluation findings under this section related to programs authorized under this Act— (i) in a timely fashion; (ii) in forms that are understandable, easily accessible, and usable, or adaptable for use in, the improvement of educational practice; (iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and (iv) in a manner that promotes the utilization of such findings; and (2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences— (A) to evaluate the aggregate short- and long-term effects and cost efficiencies across— (i) Federal programs assisted or authorized under this Act; and (ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any other Federal law; (B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs assisted or authorized under this Act; and (C) to assist recipients of grants under such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1). (b) Title I The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation. (c) Consolidation Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences— (1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and (2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year. (d) Evaluation plan The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— (1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities; (2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and (3) describes how programs authorized under this Act will be regularly evaluated. (e) Evaluation activities authorized elsewhere If, under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the evaluation of that program. . 9117. Prohibition on aiding and abetting sexual abuse Subpart 2 of part F of title IX ( 20 U.S.C. 7901 et seq. ), as amended by sections 4001(3) and 9114, and redesignated by section 9106(1), is further amended by adding at the end the following: 9539. Prohibition on aiding and abetting sexual abuse (a) In General A State, State educational agency, or local educational agency in the case of a local educational agency designated under State law, that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any person who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the person or agency knows, or recklessly disregards credible information indicating, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor in violation of the law. (b) Exception The requirements of subsection (a) shall not apply if the credible information described in such subsection— (1) (A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and (B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and (2) (A) the case has been officially closed or the prosecutor with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor; (B) the school employee, contractor, or agent has been charged with, and exonerated of, the alleged misconduct; or (C) the case remains open but there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency. (c) Prohibition The Secretary shall not have the authority to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency under this section. (d) Construction Nothing in this section shall be construed to prevent a State from adopting, or to override a State law, regulation, or policy that provides, greater or additional protections to prohibit any person who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee who engaged in sexual misconduct regarding a minor in violation of the law in obtaining a new job. . X Education for Homeless Children and Youths; Other Laws; Miscellaneous A Education for Homeless Children and Youth 10101. Statement of policy Section 721 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 ) is amended— (1) in paragraph (2), by striking In any State and all that follows through will review and inserting In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or enrollment, attendance, or success in school of homeless children and youths, the State educational agency and local educational agencies in the State will review ; (2) in paragraph (3), by striking alone ; and (3) in paragraph (4), by striking challenging State student academic achievement standards and inserting challenging State academic standards . 10102. Grants for State and local activities Section 722 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432 ) is amended— (1) by striking subsection (b) and inserting the following: (b) Reservations (1) Students in territories The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 726, to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective needs for assistance under this subtitle, as determined by the Secretary. (2) Indian students (A) Transfer The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 to the Department of the Interior. The transferred funds shall be used for programs for Indian students served by schools funded by the Secretary of the Interior, as determined under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), that are consistent with the purposes of the programs described in this subtitle. (B) Agreement The Secretary of Education and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of this subtitle, for the distribution and use of the transferred funds under terms that the Secretary of Education determines best meet the purposes of the programs described in this subtitle. Such agreement shall set forth the plans of the Secretary of the Interior for the use of the amounts transferred, including appropriate goals, objectives, and milestones. ; (2) in subsection (c)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by striking the subsection heading and all that follows through paragraph (2) and inserting the following: (c) Allotments (1) In general The Secretary is authorized to allot to each State for a fiscal year an amount that bears the same ratio to the amount appropriated for such year under section 726 that remains after the Secretary reserves funds under subsection (b) and uses funds to carry out subsections (d) and (h) of section 724, as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332 ) to the State for that year bears to the total amount allocated under section 1122 of such Act to all States for that year, except as provided in paragraph (2). (2) Minimum allotments Subject to paragraph (3), no State shall receive less under this subsection for a fiscal year than the greatest of— (A) $150,000; (B) one-fourth of 1 percent of the amount appropriated under section 726 for that year; or (C) the amount such State received under this section for fiscal year 2001. (3) Reduction for insufficient funds If there are insufficient funds in a fiscal year to allot to each State the minimum amount under paragraph (2), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. ; (3) in subsection (d)— (A) in paragraph (2)— (i) by striking To provide and all that follows through that enable and inserting To provide services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable ; and (ii) by striking or, if and inserting including, if ; and (B) in paragraph (3), by striking designate and all that follows and inserting designate in the State educational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this subtitle. ; (4) in subsection (e)— (A) in paragraph (1), by striking subsection (c)(1) and inserting subsection (c)(2) ; and (B) in paragraph (3)— (i) in subparagraph (E)(ii)(II), by striking subsection (g)(6)(A)(v) and inserting subsection (g)(6)(A)(vi) ; and (ii) in subparagraph (F)(iii), by striking Not later and all that follows through the Secretary and inserting The Secretary ; (5) by striking subsection (f) and inserting the following: (f) Functions of the office of the Coordinator The Coordinator for Education of Homeless Children and Youths established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the number of homeless children and youths identified in the State, which shall be 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 public elementary schools and secondary schools; (C) the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths; (D) any progress made by the State educational 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 described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 724(h); (4) in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate activities and collaborate with— (A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel; (B) providers of services to homeless children and youths and their families, including services of public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services 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 transitional housing facilities, and providers of transitional living programs for homeless youths; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and (E) community organizations and groups representing homeless children and youths and their families; (5) provide technical assistance to and conduct monitoring of local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g); (6) provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths, and provide training on the definitions of terms related to homelessness specified in sections 103, 401, and 725 to the personnel (including personnel of preschool and early childhood education programs provided through the local educational agency) and the liaison; and (7) respond to inquiries from parents and guardians of homeless children and youths, including (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle. ; (6) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A), by striking achievement ; (ii) in subparagraph (B), by striking special ; (iii) in subparagraph (D)— (I) by striking (including and all that follows through personnel) and inserting (including liaisons designated under subparagraph (J)(ii), principals and school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) ; and (II) by striking of runaway and homeless youths and inserting of homeless children and youths, including such children and youths who are runaway and homeless youths ; (iv) in subparagraph (E), by striking food and inserting nutrition ; (v) in subparagraph (F)— (I) in clause (i), by striking equal and all that follows and inserting access to the same public preschool programs, administered by the State educational agency or local educational agency, as are provided to other children in the State, including ensuring that access by having the administering agency carry out the policies and practices required under paragraph (3); ; (II) in clause (ii), by striking services; and and inserting services, including through the implementation of policies and practices to ensure that youths described in this clause are able to receive appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; ; and (III) by striking clause (iii) and inserting the following: (iii) homeless children and youths who meet the relevant eligibility criteria have access to magnet school, summer school, career and technical education, dual or concurrent enrollment opportunities, early college high school, advanced placement, online learning, and charter school programs, if such programs are available at the State or local levels; and (iv) the State educational agency and local educational agencies will adopt policies and practices to promote school success for homeless children and youth, including providing access to full participation in the academic and extracurricular activities that are made available to students who are not homeless children and youth. ; (vi) in subparagraph (H)(i), by striking medical and inserting other health ; (vii) in subparagraph (I)— (I) by striking enrollment and inserting identification of homeless children and youths, and the enrollment, ; and (II) by striking State. and inserting State, including barriers related to fees, fines, absences, and credit accrual policies. ; and (viii) in subparagraph (J)— (I) in clause (ii), by striking to carry out and inserting and assurances that the liaison will have sufficient training and time to carry out ; (II) in clause (iii), in the matter preceding subclause (I), by striking origin, as determined in paragraph (3)(A), and inserting origin (within the meaning of paragraph (3)(A)), which may include a preschool, ; and (III) in subclauses (I) and (II) of clause (iii), by striking homeless each place it appears; (B) in paragraph (3)— (i) in subparagraph (A)(i)(I), by striking or at the end and inserting and ; (ii) in subparagraph (B)— (I) by striking Best interest and inserting School stability ; (II) by redesignating clause (iii) as clause (iv); (III) by striking clauses (i) and (ii) and inserting the following: (i) presume that keeping the child or youth in the school of origin is in the child's or youth’s best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth; (ii) consider factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied youth) the youth; (iii) if after carrying out clauses (i) and (ii) the local educational agency sends the child or youth to a school other than the school of origin or a school requested as described in clause (ii), provide a written explanation, including a statement regarding the right to appeal under subparagraph (E), to the child’s or youth’s parent or guardian, or (in the case of an unaccompanied youth) the youth; and ; and (IV) in that clause (iv), by inserting and takes into account after considers ; (iii) by striking subparagraph (C) and inserting the following: (C) Immediate enrollment (i) In general The school selected 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 period of homelessness. (ii) Relevant academic records The enrolling school shall immediately 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 immunizations or health records, the enrolling school shall immediately refer the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or health records, in accordance with subparagraph (D). ; (iv) in subparagraph (D)— (I) in the matter preceding clause (i), by striking medical records and inserting health records ; and (II) in clause (i), by inserting involved after records ; (v) in subparagraph (E)— (I) in the matter preceding clause (i), by striking If and all that follows through school— and inserting If a dispute arises over eligibility for enrollment, school selection, or enrollment in a public school, including a public preschool— ; (II) in clause (i), by inserting before the semicolon the following: , including all available appeals ; and (III) by striking clause (ii) and inserting the following: (ii) the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions; ; (vi) by striking subparagraph (G) and inserting the following: (G) Privacy Information about a homeless child's or youth's living situation shall be treated as a student education record, and not as directory information, under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). ; and (vii) by adding at the end the following: (I) School of origin defined In this paragraph: (i) In general 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 In the case of a child or youth who completed the final grade level served by the school of origin, as described in clause (i), the term school of origin shall include the designated receiving school at the next grade level. ; (C) in paragraph (4)— (i) in subparagraph (A), by inserting before the period the following , which may include transportation to a preschool ; (ii) in subparagraph (B), by striking and educational and all that follows and inserting educational programs for English learners, charter school programs, and magnet school programs. ; and (iii) in subparagraph (C), by striking vocational and inserting career ; (D) in paragraph (5)— (i) in subparagraph (A)— (I) in clause (i), by striking programs providing and inserting entities providing ; and (II) in clause (ii), by striking such as transportation or and inserting including transportation and ; (ii) in subparagraph (C)— (I) by redesignating clauses (i) and (ii) as clauses (ii) and (iii), respectively; (II) by inserting before clause (ii), as redesignated by subclause (I), the following: (i) ensure that all homeless children and youths are promptly identified; ; and (III) in clause (ii), as redesignated by subclause (I), by striking have access and and inserting have access to and are in ; and (iii) by adding at the end the following: (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. ), each local educational agency shall coordinate the provision of services under this subtitle with the provision of programs for children with disabilities served by that local educational agency and other involved local educational agencies. ; (E) in paragraph (6)— (i) in subparagraph (A)— (I) by redesignating clauses (iv) through (vii) as clauses (v) through (viii), respectively; (II) by striking clause (iii) and inserting the following: (iii) homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act ( 42 U.S.C. 9831 et seq. ), early intervention services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ), and other preschool programs administered by the local educational agency; (iv) homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; ; (III) by striking clause (vi), as redesignated by subclause (I), and inserting the following: (vi) public notice of the educational rights of homeless children and youths is disseminated in locations frequented by parents and guardians of such children and youths, and unaccompanied youths, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; ; (IV) in clause (vii), as redesignated by subclause (I), by striking and at the end; (V) in clause (viii), as redesignated by subclause (I), by striking the period and inserting a semicolon; and (VI) by adding at the end the following: (ix) school personnel providing services 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 challenging State academic standards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and (III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ) and may obtain assistance to receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act ( 20 U.S.C. 1090 ). ; (ii) in subparagraph (B), by striking and advocates and all that follows and inserting advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths who are in secondary school, of the duties of the local educational agency liaisons, and publish an annually updated list of the liaisons on the State educational agency’s website. ; (iii) in subparagraph (C), by adding at the end the following: Such coordination shall include collecting and providing to the State coordinator the reliable, valid, and comprehensive information and data needed to meet the requirements of paragraphs (1) and (3) of subsection (f). ; and (iv) by adding at the end the following: (D) Professional development As determined appropriate by the State coordinator, the local educational agency liaisons shall participate in the professional development activities provided, and other technical assistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), by the State coordinator. (E) Certifying homeless status A local educational agency liaison or member of the personnel of a local educational agency who receives training described in subsection (f)(6) may certify a child or youth who is participating in a program provided by the local educational agency, or a parent or family of such a child or youth, who meets the eligibility requirements of this Act for a program or service authorized under title IV, as eligible for the program or service. ; and (F) in paragraph (7)— (i) in subparagraph (A), by striking that receives and all that follows through enrollment and inserting shall review and revise any policies that may act as barriers to the identification of homeless children and youths or enrollment ; and (ii) in subparagraph (C), by striking enrollment and inserting identification, enrollment, ; and (7) by striking subsection (h). 10103. Local educational agency subgrants Section 723 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11433 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting identification of homeless children and youths and before enrollment, ; and (B) in paragraph (2)(B), in the matter preceding clause (i), by inserting the related before schools ; (2) in subsection (b), by adding at the end the following: (6) An assurance that the local educational agency will collect and promptly provide the information and data requested by the State coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7) An assurance that the applicant will meet the requirements of section 722(g)(3). ; (3) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking preschool, elementary, and secondary schools and inserting early childhood education and other preschool programs, elementary schools, and secondary schools, ; (ii) in subparagraph (A), by inserting identification, before enrollment, ; (iii) in subparagraph (B), by striking application— and all that follows and inserting application reflects coordination with other local and State agencies that serve homeless children and youths. ; and (iv) in subparagraph (C), by inserting (as of the date of submission of the application) after practice ; (B) in paragraph (3)— (i) in subparagraph (C), by inserting extent to which the applicant will promote meaningful after The ; (ii) in subparagraph (D), by striking within and inserting into ; (iii) by redesignating subparagraph (G) as subparagraph (I); (iv) by inserting after subparagraph (F) the following: (G) The extent to which the local educational agency will use the subgrant to leverage resources. (H) How the local educational agency uses funds to serve homeless children and youths under section 1113(a)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(4) ). ; and (v) in subparagraph (I), as redesignated by clause (iii), by striking Such and inserting The extent to which the applicant's program meets such ; and (4) in subsection (d)— (A) in paragraph (1), by striking the same challenging State academic content standards and challenging State student academic achievement standards and inserting the same challenging State academic standards as ; (B) in paragraph (2)— (i) by striking students with limited English proficiency and inserting English learners ; and (ii) by striking vocational and inserting career ; (C) in paragraph (3), by striking pupil services and inserting specialized instructional support services ; (D) in paragraph (7), by striking and unaccompanied youths, and inserting particularly homeless children and youths who are not enrolled in school, ; (E) in paragraph (9), by striking medical and inserting other health ; (F) by striking paragraph (10) and inserting the following: (10) The provision of education and training to the parents and guardians of homeless children and youths about the rights of, and resources available to, such children and youths, and the provision of other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of the children or youths. ; (G) in paragraph (12), by striking pupil services and inserting specialized instructional support services ; (H) in paragraph (13), by inserting before the period the following: or parental mental health or substance abuse problems ; and (I) in paragraph (16), by striking to attend school and inserting to enroll, attend, and succeed in school (including a preschool program) . 10104. Secretarial responsibilities Section 724 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434 ) is amended— (1) by striking subsection (c) and inserting the following: (c) Notice (1) In general The Secretary shall, before the next school year that begins after the date of enactment of the Every Child Achieves Act of 2015, 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 disseminate the notice nationally to all Federal agencies, and grant recipients, serving homeless families or homeless children and youth. ; (2) by striking subsection (d) and inserting the following: (d) Evaluation, dissemination, and technical assistance The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities. ; (3) in subsection (f), by adding at the end the following: The Secretary shall provide support and technical assistance to State educational agencies, concerning areas in which documented barriers to a free appropriate public education persist. ; (4) by striking subsection (g) and inserting the following: (g) Guidelines The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the Every Child Achieves Act of 2015, guidelines concerning ways in which a State— (1) may assist local educational agencies to implement the provisions related to homeless children and youth amended by that Act; and (2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youth, and the enrollment, attendance, and success of homeless children and youths in school. ; (5) in subsection (h)— (A) in the matter preceding subparagraph (A), by striking periodically and inserting periodically but not less frequently than once every 2 years, ; (B) in subparagraph (A), by striking location and all that follows and inserting location (in cases in which location can be identified) of homeless children and youth, in all areas served by local educational agencies under this subtitle; ; (C) in subparagraph (C), by striking and at the end; (D) by redesignating subparagraph (D) as subparagraph (E); and (E) by inserting after subparagraph (C) the following: (D) the academic progress being made by homeless children and youth, including the percentage or number of homeless children and youth participating in State assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ); and ; and (6) in subsection (i), by striking McKinney-Vento Homeless Education Assistance Improvements Act of 2001 and inserting Every Child Achieves Act of 2015 . 10105. Definitions (a) Amendments Section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ) is amended— (1) in paragraph (2)(B)(i), by striking “or are awaiting foster care placement;”; and (2) in paragraph (6), by striking youth and inserting homeless child or youth . (b) Effective Date (1) In General In the case of a State that is not a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Covered State In the case of a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Covered State For purposes of this section the term ‘‘covered State’’ means a State that has a statutory law that defines or describes the phrase ‘‘awaiting foster care placement’’, for purposes of a program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ). 10106. Authorization of appropriations Section 726 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11435 ) is amended to read as follows: 726. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle such sums as may be necessary for each of fiscal years 2016 through 2021. . B Other laws; Miscellaneous 10201. Use of term highly qualified in other laws Beginning on the date of the enactment of this Act, any reference in law to the term highly qualified , as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), shall be treated as a reference to such term under section 9101 of the Elementary and Secondary Education Act of 1965 as in effect on the day before the date of the enactment of this Act. 10202. Department staff The Secretary of Education shall— (1) not later than 90 days after the date of the enactment of this Act— (A) identify the number of Department of Education employees who worked on or administered each education program and project authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as such program or project was in effect on the day before such enactment date, and publish such information on the Department of Education’s website; and (B) identify the number of full-time equivalent employees who work on or administer programs or projects that— (i) were authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as in effect on the day before such enactment date; and (ii) have been eliminated or consolidated since such date; and (2) not later than 1 year after the date of the enactment of this Act, prepare and submit a report to Congress on— (A) the number of employees associated with each program or project authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) administered by the Department, disaggregated by employee function with each such program or project; (B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects under paragraph (1)(B); and (C) how the Secretary addressed the findings of paragraph (1)(B) relating to the number of full-time equivalent employees who worked on or administered programs or projects authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as in effect on the day before such enactment date, that have been eliminated or consolidated since such date. 10203. Report on Department actions to address Office of the Inspector General charter school reports Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the relevant appropriations committees of Congress, and to the public via the Department's website, a report containing an update on the Department of Education's continued implementation of the recommendations— (1) responding to the March 9, 2010, final management information report of the Office of the Inspector General of the Department of Education, which expressed concern about findings of inadequate oversight by local educational agencies and authorized public chartering agencies to ensure Federal funds are properly used and accounted for; (2) responding to the September 2012 report of the Office of the Inspector General of the Department of Education entitled The Office of Innovation and Improvement’s Oversight and Monitoring of the Charter Schools Program’s Planning and Implementation Grants Final Audit Report finding that none of the 3 States whose charter schools programs that Office investigated adequately monitored the public charter schools that the States funded; and (3) describing actions the Department of Education has taken to address the concerns described in such memorandum and final audit report. 10204. Comptroller General study on increasing effectiveness of existing services and programs intended to benefit children Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that includes— (1) a description and assessment of the existing federally funded services and programs across all agencies that have a purpose or are intended to benefit or serve children, including— (A) the purposes, goals, and organizational and administrative structure of such services and programs at the Federal, State, and local level; and (B) methods of delivery and implementation; and (2) recommendations to increase the effectiveness, coordination, and integration of such services and programs, across agencies and levels of government, in order to leverage existing resources and better and more comprehensively serve children. 10205. Posthumous pardon (a) Findings Congress finds the following: (1) John Arthur Jack Johnson was a flamboyant, defiant, and controversial figure in the history of the United States who challenged racial biases. (2) Jack Johnson was born in Galveston, Texas, in 1878 to parents who were former slaves. (3) Jack Johnson became a professional boxer and traveled throughout the United States, fighting White and African-American heavyweights. (4) After being denied (on purely racial grounds) the opportunity to fight 2 White champions, in 1908, Jack Johnson was granted an opportunity by an Australian promoter to fight the reigning White title-holder, Tommy Burns. (5) Jack Johnson defeated Tommy Burns to become the first African-American to hold the title of Heavyweight Champion of the World. (6) The victory by Jack Johnson over Tommy Burns prompted a search for a White boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the great white hope . (7) In 1910, a White former champion named Jim Jeffries left retirement to fight Jack Johnson in Reno, Nevada. (8) Jim Jeffries lost to Jack Johnson in what was deemed the Battle of the Century . (9) The defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially-motivated murder of African-Americans throughout the United States. (10) The relationships of Jack Johnson with White women compounded the resentment felt toward him by many Whites. (11) Between 1901 and 1910, 754 African-Americans were lynched, some simply for being too familiar with White women. (12) In 1910, Congress passed the Act of June 25, 1910 (commonly known as the White Slave Traffic Act or the Mann Act ) ( 18 U.S.C. 2421 et seq. ), which outlawed the transportation of women in interstate or foreign commerce for the purpose of prostitution or debauchery, or for any other immoral purpose . (13) In October 1912, Jack Johnson became involved with a White woman whose mother disapproved of their relationship and sought action from the Department of Justice, claiming that Jack Johnson had abducted her daughter. (14) Jack Johnson was arrested by Federal marshals on October 18, 1912, for transporting the woman across State lines for an immoral purpose in violation of the Mann Act. (15) The Mann Act charges against Jack Johnson were dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson. (16) Federal authorities persisted and summoned a White woman named Belle Schreiber, who testified that Jack Johnson had transported her across States lines for the purpose of prostitution and debauchery . (17) In 1913, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison. (18) Jack Johnson fled the United States to Canada and various European and South American countries. (19) Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915. (20) Jack Johnson returned to the United States in July 1920, surrendered to authorities, and served nearly a year in the Federal penitentiary at Leavenworth, Kansas. (21) Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title. (22) Jack Johnson served the United States during World War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond cause. (23) Jack Johnson died in an automobile accident in 1946. (24) In 1954, Jack Johnson was inducted into the Boxing Hall of Fame. (25) Senate Concurrent Resolution 29, 111th Congress, agreed to July 29, 2009, expressed the sense of the 111th Congress that Jack Johnson should receive a posthumous pardon for his racially-motivated 1913 conviction. (b) Recommendations It remains the sense of Congress that Jack Johnson should receive a posthumous pardon— (1) to expunge a racially-motivated abuse of the prosecutorial authority of the Federal Government from the annals of criminal justice in the United States; and (2) in recognition of the athletic and cultural contributions of Jack Johnson to society. 10206. Education Flexibility Partnership Act of 1999 reauthorization (a) Definitions Section 3 of the Education Flexibility Partnership Act of 1999 ( 20 U.S.C. 5891a ) is amended— (1) in paragraph (1)— (A) in the paragraph heading, by striking Local and inserting Educational service agency; local ; and (B) by striking The terms and inserting The terms educational service agency , ; and (2) in paragraph (2), by striking section 1113(a)(2) and inserting section 1113(a)(1)(B) . (b) General provisions Section 4 of the Education Flexibility Partnership Act of 1999 ( 20 U.S.C. 5891b ) is amended to read as follows: 4. Education Flexibility Program (a) Educational flexibility program (1) Program authorized (A) In general The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency, educational service agency, or school within the State. (B) Designation Each eligible State participating in the program described in subparagraph (A) shall be known as an Ed-Flex Partnership State . (2) Eligible State For the purpose of this section, the term eligible State means a State that— (A) has— (i) developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965, and is producing the report cards required by section 1111(d)(2) of such Act; or (ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act by the Every Child Achieves Act of 2015, and has made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under section 1111(d)(2) of such Act; (B) will hold local educational agencies, educational service agencies, and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4) and for engaging in technical assistance and, as applicable and appropriate, intervention and support strategies consistent with section 1114 of the Elementary and Secondary Education Act of 1965, for the schools that are identified as in need of intervention and support as described in section 1111(b)(3) of such Act; and (C) waives State statutory or regulatory requirements relating to education while holding local educational agencies, educational service agencies, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers. (3) State application (A) In general Each State educational agency desiring to participate in the educational flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes— (i) a description of the process the State educational agency will use to evaluate applications from local educational agencies, educational service agencies, or schools requesting waivers of— (I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and (II) State statutory or regulatory requirements relating to education; (ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive; (iii) a description of clear educational objectives the State intends to meet under the educational flexibility plan, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; (iv) a description of how the educational flexibility plan is coordinated with activities described in section 1111(b) of the Elementary and Secondary Education Act of 1965 and section 1114 of such Act; (v) a description of how the State educational agency will evaluate (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965), the performance of students in the schools, educational service agencies, and local educational agencies affected by the waivers; and (vi) a description of how the State educational agency will meet the requirements of paragraph (7). (B) Approval and considerations (i) In general By not later than 90 days after the date on which a State has submitted an application described in subparagraph (A), the Secretary shall issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration. (ii) Approval The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies, educational service agencies, and schools within the State in carrying out comprehensive educational reform, after considering— (I) the eligibility of the State as described in paragraph (2); (II) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A); (III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan; (IV) the degree to which the State's objectives described in subparagraph (A)(iii)— (aa) are clear and have the ability to be assessed; and (bb) take into account the performance of local educational agencies, educational service agencies, or schools, and students, particularly those affected by waivers; (V) the significance of the State statutory or regulatory requirements relating to education that will be waived; and (VI) the quality of the State educational agency's process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers. (4) Local application (A) In general Each local educational agency, educational service agency, or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall— (i) indicate each Federal program affected and each statutory or regulatory requirement that will be waived; (ii) describe the purposes and overall expected results of waiving each such requirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; (iii) describe, for each school year, specific, measurable, educational goals for each local educational agency, educational service agency, or school affected by the proposed waiver, and for the students served by the local educational agency, educational service agency, or school who are affected by the waiver; (iv) explain why the waiver will assist the local educational agency, educational service agency, or school in reaching such goals; and (v) in the case of an application from a local educational agency or educational service agency, describe how the agency will meet the requirements of paragraph (7). (B) Evaluation of applications A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State's educational flexibility plan described in paragraph (3)(A). (C) Approval A State educational agency shall not approve an application for a waiver under this paragraph unless— (i) the local educational agency, educational service agency, or school requesting such waiver has developed a local reform plan that— (I) is applicable to such agency or school, respectively; and (II) may include innovative methods to leverage resources to improve program efficiencies that benefit students; (ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency, educational service agency, or school in reaching its educational goals, particularly goals with respect to school and student performance; and (iii) the State educational agency is satisfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met. (D) Termination The State educational agency shall annually review the performance of any local educational agency, educational service agency, or school granted a waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) in accordance with the evaluation requirement described in paragraph (3)(A)(v), and shall terminate or temporarily suspend any waiver granted to the local educational agency, educational service agency, or school if the State educational agency determines, after notice and an opportunity for a hearing, that— (i) there is compelling evidence of systematic waste, fraud, or abuse; (ii) the performance of the local educational agency, educational service agency, or school with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in paragraph (4)(A)(iii) has been inadequate to justify continuation of such waiver; (iii) student achievement in the local educational agency, educational service agency, or school has decreased; or (iv) goals established by the State under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 have not been met. (5) Oversight and reporting (A) Oversight Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies, educational service agencies, and schools receiving waivers under this section. (B) State reports (i) Annual reports The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact of the waivers on school and student performance. (ii) Performance data Not later than 2 years after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of the State's annual report submitted under clause (i), data demonstrating the degree to which progress has been made toward meeting the State's educational objectives. The data, when applicable, shall include— (I) information on the total number of waivers granted for Federal and State statutory and regulatory requirements under this section, including the number of waivers granted for each type of waiver; (II) information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and student performance; (III) information describing the relationship of the waivers to the performance of schools and students affected by the waivers; and (IV) an assurance from State program managers that the data reported under this section are reliable, complete, and accurate, as defined by the State, or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the State. (C) Secretary's reports The Secretary shall annually— (i) make each State report submitted under subparagraph (B) available to Congress and the public; and (ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers. (6) Duration of Federal waivers (A) In general (i) Duration The Secretary shall approve the application of a State educational agency under paragraph (3) for a period of not more than 5 years. (ii) Automatic extension during review The Secretary shall automatically extend the authority of a State to continue as an Ed-Flex Partnership State until the Secretary has— (I) completed the performance review of the State educational agency’s education flexibility plan as described in subparagraph (B); and (II) issued a final decision of any pending request for renewal that was submitted by the State educational agency. (iii) Extension of approval The Secretary may extend the authority of a State to continue as an Ed-Flex Partnership State if the Secretary determines that the authority of the State educational agency to grant waivers— (I) has been effective in enabling such State or affected local educational agencies, educational service agencies, or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and (II) has improved student performance. (B) Performance review (i) In general Following the expiration of an approved educational flexibility program for a State that is designated an Ed-Flex Partnership State, the Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational agency— (I) has achieved, or is making substantial progress towards achieving, the objectives described in the application submitted pursuant to paragraph (3)(A)(iii) and the specific goals established in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965; and (II) demonstrates that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have achieved, or are making progress toward achieving, the desired results described in the application submitted pursuant to paragraph (4)(A)(iii). (ii) Termination of authority The Secretary shall terminate the authority of a State educational agency to grant waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) if the Secretary determines, after providing the State educational agency with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continuation of such authority based on agency’s performance against specific goals in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965. (C) Renewal (i) In general Each State educational agency desiring to renew an approved educational flexibility program under this section shall submit a request for renewal to the Secretary not later than the date of expiration of the approved educational flexibility program. (ii) Timing for renewal The Secretary shall either approve or deny the request for renewal by not later than 90 days after completing the performance review of the State described in paragraph (6)(B). (iii) Determination In deciding whether to extend a request of a State educational agency for the authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency— (I) has made progress toward achieving the objectives described in the State application submitted pursuant to paragraph (3)(A)(iii); and (II) demonstrates in the request that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have made progress toward achieving the desired results described in the local application submitted pursuant to paragraph (4)(A)(iii). (D) Termination (i) In general The Secretary shall terminate or temporarily suspend the authority of a State educational agency to grant waivers under this section if the Secretary determines that— (I) there is compelling evidence of systematic waste, fraud or abuse; or (II) after notice and an opportunity for a hearing, such agency's performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority. (ii) Limited compliance period A State whose authority to grant such waivers has been terminated shall have not more than 1 additional fiscal year to come into compliance in order to seek renewal of the authority to grant waivers under this section. (7) Public notice and comment Each State educational agency seeking waiver authority under this section and each local educational agency, educational service agency, or school seeking a waiver under this section— (A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agency's application for the proposed waiver authority or waiver on each agency’s website, including a description of any improved student performance that is expected to result from the waiver authority or waiver; (B) shall provide the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver; (C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and (D) shall submit the comments received with the application of the agency or school to the Secretary or the State educational agency, as appropriate. (b) Included programs The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula: (1) The following provisions of the Elementary and Secondary Education Act of 1965: (A) Part A of title I (other than sections 1111 and 1114). (B) Part C of title I. (C) Part D of title I. (D) Part A of title II. (E) Part G of title V. (2) Title VII of the McKinney-Vento Homeless Assistance Act. ( 42 U.S.C. 11301 et seq. ). (3) The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (c) Waivers not authorized The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement— (1) relating to— (A) maintenance of effort; (B) comparability of services; (C) equitable participation of students and professional staff in private schools; (D) parental participation and involvement; (E) distribution of funds to States or to local educational agencies; (F) serving eligible school attendance areas in rank order under section 1113(a)(1)(C) of the Elementary and Secondary Education Act of 1965; (G) the selection of a school attendance area or school under paragraphs (1) and (2) of section 1113(a) of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such paragraphs (1) and (2); (H) use of Federal funds to supplement, not supplant, non-Federal funds; and (I) applicable civil rights requirements; and (2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary. (d) Treatment of existing ed-flex partnership States (1) In general Any designation of a State as an Ed-Flex Partnership State that was in effect on the date of enactment of this Act shall be immediately extended for a period of not more than 5 years, if the Secretary makes the determination described in paragraph (2). (2) Determination The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, justifies the extension of the designation. (e) Publication A notice of the Secretary's decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applications under subsection (a)(3)(B), shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. . C American Dream Accounts 10301. Short title This part may be cited as the American Dream Accounts Act . 10302. Definitions In this part: (1) American dream account The term American Dream Account means a personal online account for low-income students that monitors higher education readiness and includes a college savings account. (2) Appropriate committees of congress The term appropriate committees of Congress means the Committee on Health, Education, Labor, and Pensions, the Committee on Appropriations, and the Committee on Finance of the Senate, and the Committee on Education and the Workforce, the Committee on Appropriations, and the Committee on Ways and Means of the House of Representatives, as well as any other Committee of the Senate or House of Representatives that the Secretary determines appropriate. (3) Charter school The term charter school has the meaning given such term in section 5110 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i ). (4) College savings account The term college savings account means a trust created or organized exclusively for the purpose of paying the qualified expenses of only an individual who, when the trust is created or organized, has not obtained 18 years of age, if the written governing instrument creating the trust contains the following requirements: (A) The trustee is a Federally insured financial institution, or a State insured financial institution if a Federally insured financial institution is not available. (B) The assets of the trust will be invested in accordance with the direction of the individual or of a parent or guardian of the individual, after consultation with the entity providing the initial contribution to the trust or, if applicable, a matching or other contribution for the individual. (C) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (D) Any amount in the trust that is attributable to an account seed or matched deposit may be paid or distributed from the trust only for the purpose of paying qualified expenses of the individual. (5) Dual or concurrent enrollment program The term dual or concurrent enrollment program means a program of study— (A) provided by an institution of higher education through which a student who has not graduated from high school with a regular high school diploma (as defined in section 200.19(b)(1)(iv) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008) is able to earn postsecondary credit; and (B) that shall consist of not less than 2 postsecondary credit-bearing courses and support and academic services that help a student persist and complete such courses. (6) Early college high school program The term early college high school program means a formal partnership between at least 1 local educational agency and at least 1 institution of higher education that allows participants, who are primarily low-income students, to simultaneously complete requirements toward earning a regular high school diploma (as defined in section 200.19(b)(1)(iv) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008) and earn not less than 12 transferable credits as part of an organized course of study toward a postsecondary degree or credential. (7) Eligible entity The term eligible entity means— (A) a State educational agency; (B) a local educational agency, including a charter school that operates as its own local educational agency; (C) a charter management organization or charter school authorizer; (D) an institution of higher education or a Tribal College or University; (E) a nonprofit organization; (F) an entity with demonstrated experience in educational savings or in assisting low-income students to prepare for, and attend, an institution of higher education; (G) a consortium of 2 or more of the entities described in subparagraphs (A) through (F); or (H) a consortium of 1 or more of the entities described in subparagraphs (A) through (F) and a public school, a charter school, a school operated by the Bureau of Indian Affairs, or a tribally controlled school. (8) Institution of higher education The term institution of higher education has the meaning given such term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (9) Local educational agency The term local educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (10) Low-income student The term low-income student means a student who is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ). (11) Parent The term parent has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (12) Qualified expenses The term qualified expenses means, with respect to an individual, expenses that— (A) are incurred after the individual receives a secondary school diploma or its recognized equivalent; and (B) are associated with attending an institution of higher education, including— (i) tuition and fees; (ii) room and board; (iii) textbooks; (iv) supplies and equipment; and (v) Internet access. (13) Secretary The term Secretary means the Secretary of Education. (14) State educational agency The term State educational agency has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (15) Tribal College or University The term Tribal College or University has the meaning given such term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (16) Tribally controlled school The term tribally controlled school has the meaning given such term in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 ). 10303. Grant program (a) Program Authorized The Secretary shall establish a pilot program and award 10 grants to eligible entities to enable such eligible entities to establish and administer American Dream Accounts for a group of low-income students. (b) Reservation From the amounts appropriated each fiscal year to carry out this part, the Secretary shall reserve not more than 5 percent of such amount to carry out the evaluation activities described in section 10306. (c) Duration A grant awarded under this part shall be for a period of not more than 3 years. The Secretary may extend such grant for an additional 2-year period if the Secretary determines that the eligible entity has demonstrated significant progress, based on the factors described in section 10304(b)(11). 10304. Applications; priority (a) In General Each eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents At a minimum, the application described in subsection (a) shall include the following: (1) A description of the characteristics of a group of not less than 30 low-income public school students who— (A) are, at the time of the application, attending a grade not higher than grade 9; and (B) will, under the grant, receive an American Dream Account. (2) A description of how the eligible entity will engage, and provide support (such as tutoring and mentoring for students, and training for teachers and other stakeholders) either online or in person, to— (A) the students in the group described in paragraph (1); (B) the family members and teachers of such students; and (C) other stakeholders such as school administrators and school counselors. (3) An identification of partners who will assist the eligible entity in establishing and sustaining American Dream Accounts. (4) A description of what experience the eligible entity or the partners of the eligible entity have in managing college savings accounts, preparing low-income students for postsecondary education, managing online systems, and teaching financial literacy. (5) A demonstration that the eligible entity has sufficient resources to provide an initial deposit into the college savings account portion of each American Dream Account. (6) A description of how the eligible entity will help increase the value of the college savings account portion of each American Dream Account, such as by providing matching funds or incentives for academic achievement. (7) A description of how the eligible entity will notify each participating student in the group described in paragraph (1), on a semiannual basis, of the current balance and status of the college savings account portion of the American Dream Account of the student. (8) A plan that describes how the eligible entity will monitor participating students in the group described in paragraph (1) to ensure that the American Dream Account of each student will be maintained if a student in such group changes schools before graduating from secondary school. (9) A plan that describes how the American Dream Accounts will be managed for not less than 1 year after a majority of the students in the group described in paragraph (1) graduate from secondary school. (10) A description of how the eligible entity will encourage students in the group described in paragraph (1) who fail to graduate from secondary school to continue their education. (11) A description of how the eligible entity will evaluate the grant program, including by collecting, as applicable, the following data about the students in the group described in paragraph (1) during the grant period, or until the time of graduation from a secondary school, whichever comes first, and, if sufficient grant funds are available, after the grant period: (A) Attendance rates. (B) Progress reports. (C) Grades and course selections. (D) The student graduation rate, as defined as the percentage of students who graduate from secondary school with a regular diploma in the standard number of years. (E) Rates of student completion of the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ). (F) Rates of enrollment in an institution of higher education. (G) Rates of completion at an institution of higher education. (12) A description of what will happen to the funds in the college savings account portion of the American Dream Accounts that are dedicated to participating students described in paragraph (1) who have not matriculated at an institution of higher education at the time of the conclusion of the period of American Dream Account management described in paragraph (9), including how the eligible entity will give students this information. (13) A description of how the eligible entity will ensure that participating students described in paragraph (1) will have access to the Internet. (14) A description of how the eligible entity will take into consideration how funds in the college savings account portion of American Dream Accounts will affect participating families' eligibility for public assistance. (c) Priority In awarding grants under this part, the Secretary shall give priority to applications from eligible entities that— (1) are described in subparagraph (G) or (H) of section 10302(7); (2) serve the largest number of low-income students; (3) in the case of an eligible entity described in subparagraph (A) or (B) of section 10302(7), provide opportunities for participating students described in subsection (b)(1) to participate in a dual or concurrent enrollment program or early college high school program at no cost to the student or the student's family; or (4) as of the time of application, have been awarded a grant under chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–21 et seq. ) (commonly referred to as the GEAR UP program ). 10305. Authorized activities (a) In General An eligible entity that receives a grant under this part shall use such grant funds to establish an American Dream Account for each participating student described in section 10304(b)(1), that will be used to— (1) open a college savings account for such student; (2) monitor the progress of such student online, which— (A) shall include monitoring student data relating to— (i) grades and course selections; (ii) progress reports; and (iii) attendance and disciplinary records; and (B) may also include monitoring student data relating to a broad range of information, provided by teachers and family members, related to postsecondary education readiness, access, and completion; (3) provide opportunities for such students, either online or in person, to learn about financial literacy, including by— (A) assisting such students in financial planning for enrollment in an institution of higher education; (B) assisting such students in identifying and applying for financial aid (such as loans, grants, and scholarships) for an institution of higher education; and (C) enhancing student understanding of consumer, economic, and personal finance concepts; (4) provide opportunities for such students, either online or in person, to learn about preparing for enrollment in an institution of higher education, including by providing instruction to students about— (A) choosing the appropriate courses to prepare for postsecondary education; (B) applying to an institution of higher education; (C) building a student portfolio, which may be used when applying to an institution of higher education; (D) selecting an institution of higher education; (E) choosing a major for the student's postsecondary program of education or a career path; and (F) adapting to life at an institution of higher education; and (5) provide opportunities for such students, either online or in person, to identify skills or interests, including career interests. (b) Access to American Dream Account (1) In general Subject to paragraphs (3) and (4), and in accordance with applicable Federal laws and regulations relating to privacy of information and the privacy of children, an eligible entity that receives a grant under this part shall allow vested stakeholders, as described in paragraph (2), to have secure access, through an Internet website, to an American Dream Account. (2) Vested stakeholders The vested stakeholders that an eligible entity shall permit to access an American Dream Account are individuals (such as the student's teachers, school counselors, school administrators, or other individuals) that are designated, in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ), by the parent of a participating student in whose name such American Dream Account is held, as having permission to access the account. A student's parent may withdraw such designation from an individual at any time. (3) Exception for college savings account An eligible entity that receives a grant under this part shall not be required to give vested stakeholders, as described in paragraph (2), access to the college savings account portion of a student's American Dream Account. (4) Adult students Notwithstanding paragraphs (1), (2), and (3), if a participating student is age 18 or older, an eligible entity that receives a grant under this part shall not provide access to such participating student's American Dream Account without the student's consent, in accordance with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (5) Input of student information Student data collected pursuant to subsection (a)(2)(A) shall be entered into an American Dream Account only by a school administrator or the designee of such administrator. (c) Prohibition on use of student information An eligible entity that receives a grant under this part shall not use any student-level information or data for the purpose of soliciting, advertising, or marketing any financial or non-financial consumer product or service that is offered by such eligible entity, or on behalf of any other person. (d) Prohibition on the use of grant funds An eligible entity shall not use grant funds provided under this part to provide any deposits into a college savings account portion of a student's American Dream Account. 10306. Reports and evaluations (a) In general Not later than 1 year after the Secretary has disbursed grants under this part, and annually thereafter until each grant disbursed under this part has ended, the Secretary shall prepare and submit a report to the appropriate committees of Congress, which shall include an evaluation of the effectiveness of the grant program established under this part. (b) Contents The report described in subsection (a) shall— (1) list the grants that have been awarded under section 10303(a); (2) include the number of students who have an American Dream Account established through a grant awarded under section 10303(a); (3) provide data (including the interest accrued on college savings accounts that are part of an American Dream Account) in the aggregate, regarding students who have an American Dream Account established through a grant awarded under section 10303(a), as compared to similarly situated students who do not have an American Dream Account; (4) identify best practices developed by the eligible entities receiving grants under this part; (5) identify any issues related to student privacy and stakeholder accessibility to American Dream Accounts; (6) provide feedback from participating students and the parents of such students about the grant program, including— (A) the impact of the program; (B) aspects of the program that are successful; (C) aspects of the program that are not successful; and (D) any other data required by the Secretary; and (7) provide recommendations for expanding the American Dream Accounts program. 10307. Eligibility to receive Federal student financial aid Notwithstanding any other provision of law, any funds that are in the college savings account portion of a student's American Dream Account shall not affect such student's eligibility to receive Federal student financial aid, including any Federal student financial aid under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), and shall not be considered in determining the amount of any such Federal student aid. 10308. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2016 and each of the 4 succeeding fiscal years. 10309. Report on the reduction of the number and percentage of students who drop out of school Not later than 5 years after the date of enactment of this Act, the Director of the Institute of Education Sciences shall evaluate the impact of section 1111(c)(1)(M) on reducing the number and percentage of students who drop out of school. 10310. Report on Native American language medium education (a) Purpose The purpose of this section is to authorize a study to evaluate all levels of education being provided primarily through the medium of Native languages and to require a report of the findings, within the context of the findings, purposes, and provisions of the Native American Languages Act ( 25 U.S.C. 2901 ), the findings, purposes, and provisions of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), and other related laws. (b) Study and review The Secretary of Education shall award grants to eligible entities to study and review Native language medium schools and programs. (c) Eligible entity defined In this section, the term eligible entity means a consortium that— (1) includes not less than 3 units of an institution of higher education, such as a department, center, or college, that has significant experience— (A) and expertise in Native American or Alaska Native languages, and Native language medium education; and (B) in outreach and collaboration with Native communities; (2) has within its membership at least 10 years of experience— (A) addressing a range of Native American or Alaska Native languages and indigenous language medium education issues through the lens of Native studies, linguistics, and education; and (B) working in close association with a variety of schools and programs taught predominantly through the medium of a Native language; (3) includes for each of American Indians, Alaska Natives, and Native Hawaiians, at least 1 unit of an institution of higher education that focuses on schools that serve such populations; and (4) includes Native American scholars and staff who are fluent in Native American languages. (d) Applications An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary of Education that— (1) identifies 1 unit in the consortium that is the lead unit of the consortium for the study, reporting, and funding purposes; (2) includes letters of verification of participation from the top internal administrators of each unit in the consortium; (3) includes a brief description of how the consortium meets the eligibility qualifications under subsection (c); (4) describes the work proposed to carry out the purpose of this section; and (5) provides other information as requested by the Secretary of Education. (e) Scope of study An eligible entity that receives a grant under this section shall use the grant funds to study and review Native American language medium schools and programs and evaluate the components, policies, and practices of successful Native language medium schools and programs and how the students who enroll in them do over the long term, including— (1) the level of expertise in educational pedagogy, Native language fluency, and experience of the principal, teachers, paraprofessionals, and other educational staff; (2) how such schools and programs are using Native languages to provide instruction in reading, language arts, mathematics, science, and, as applicable, other core academic subjects; (3) how such school and programs’ curricula incorporates the relevant Native culture of the students; (4) how such schools and programs assess the academic proficiency of the students, including— (A) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in the Native language of instruction; (B) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in English; and (C) how the standards measured by the assessments in the Native language of instruction and in English compare; (5) the academic, graduation rate, and other outcomes of students who have completed the highest grade taught primarily through such schools or programs, including, when available, college attendance rates compared with demographically similar students who did not attend a school in which the language of instruction was a Native language; and (6) other appropriate information consistent with the purpose of this section. (f) Other entities An eligible entity may enter into a contract with another individual, entity, or organization to assist in carrying out research necessary to fulfill the purpose of this section. (g) Recommendations Not later than 18 months after the date of enactment of this Act, an eligible entity that receives a grant under this section shall— (1) develop a detailed statement of findings and conclusions regarding the study completed under subsection (e), including recommendations for such legislative and administrative actions as the eligible entity considers to be appropriate; and (2) submit a report setting forth the findings and conclusions, including recommendations, described in paragraph (1) to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Education and the Workforce of the House of Representatives. (C) The Committee on Indian Affairs of the Senate. (D) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the House of Representatives. (E) The Secretary of Education. (F) The Secretary of the Interior.

Passed the Senate July 16, 2015. Secretary

tv_txt: 114th CONGRESS 1st Session In the House of Representatives, U. S., November 17, 2015 AMENDMENT:

That the bill from the Senate (S. 1177) entitled An Act to reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves. , do pass with the following Strike out all after the enacting clause and insert: 1. Short title This Act may be cited as the Student Success Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Authorization of appropriations. Sec. 7. Sense of the Congress. Title I—Aid to local educational agencies Subtitle A—In general Sec. 101. Title heading. Sec. 102. Statement of purpose. Sec. 103. Flexibility to use Federal funds. Sec. 104. School improvement. Sec. 105. Direct student services. Sec. 106. State administration. Subtitle B—Improving the academic achievement of the disadvantaged Sec. 111. Part A headings. Sec. 112. State plans. Sec. 113. Local educational agency plans. Sec. 114. Eligible school attendance areas. Sec. 115. Schoolwide programs. Sec. 116. Targeted assistance schools. Sec. 117. Academic assessment and local educational agency and school improvement; school support and recognition. Sec. 118. Parental involvement. Sec. 119. Qualifications for paraprofessionals. Sec. 120. Participation of children enrolled in private schools. Sec. 121. Fiscal requirements. Sec. 122. Coordination requirements. Sec. 123. Grants for the outlying areas and the Secretary of the Interior. Sec. 124. Allocations to States. Sec. 125. Basic grants to local educational agencies. Sec. 126. Targeted grants to local educational agencies. Sec. 127. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001. Sec. 128. Education finance incentive grant program. Sec. 129. Carryover and waiver. Sec. 130. Title I portability. Subtitle C—Additional Aid to States and School Districts Sec. 131. Additional aid. Subtitle D—National assessment Sec. 141. National assessment of title I. Subtitle E—Title I general provisions Sec. 151. General provisions for title I. Title II—Teacher Preparation and Effectiveness Sec. 201. Teacher preparation and effectiveness. Sec. 202. Conforming repeals. Title III—Parental Engagement and Local Flexibility Sec. 301. Parental engagement and local flexibility. Title IV—Impact Aid Sec. 401. Purpose. Sec. 402. Payments relating to Federal acquisition of real property. Sec. 403. Payments for eligible federally connected children. Sec. 404. Policies and procedures relating to children residing on Indian lands. Sec. 405. Application for payments under sections 8002 and 8003. Sec. 406. Construction. Sec. 407. Facilities. Sec. 408. State consideration of payments providing State aid. Sec. 409. Federal administration. Sec. 410. Administrative hearings and judicial review. Sec. 411. Definitions. Sec. 412. Authorization of appropriations. Sec. 413. Conforming amendments. Title V—The Federal Government’s Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education Sec. 501. The Federal Government’s Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education. Title VI—General provisions for the Act Sec. 601. General provisions for the Act. Sec. 602. Repeal. Sec. 603. Other laws. Sec. 604. Amendment to IDEA. Title VII—Homeless Education Sec. 701. Statement of policy. Sec. 702. Grants for State and local activities for the education of homeless children and youths. Sec. 703. Local educational agency subgrants for the education of homeless children and youths. Sec. 704. Secretarial responsibilities. Sec. 705. Definitions. Sec. 706. Authorization of appropriations. Title VIII—Miscellaneous provisions Sec. 801. Findings; Sense of the Congress. Sec. 802. Preventing improper use of taxpayer funds. Sec. 803. Accountability to taxpayers through monitoring and oversight. Sec. 804. Prohibition of using education funds for excess payments to certain retirement or pension systems. Sec. 805. Sense of Congress on the free exercise of religion. Title IX—Schools of the Future Act Sec. 901. Short title. Sec. 902. Findings. Sec. 903. Program authorized. Sec. 904. Application. Sec. 905. Application review and award basis. Sec. 906. Use of funds. Sec. 907. Data collection and evaluation. Sec. 908. Definitions. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Transition Unless otherwise provided in this Act, any person or agency that was awarded a grant under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) prior to the date of the enactment of this Act shall continue to receive funds in accordance with the terms of such award, except that funds for such award may not continue more than one year after the date of the enactment of this Act. 5. Effective dates (a) In general Except as otherwise provided in this Act, this Act, and the amendments made by this Act, shall be effective upon the date of the enactment of this Act. (b) Noncompetitive programs With respect to noncompetitive programs under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, this Act, and the amendments made by this Act, shall take effect on October 1, 2015. (c) Competitive programs With respect to programs that are conducted by the Secretary on a competitive basis, this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under those programs for fiscal year 2016. (d) Impact Aid With respect to title IV of the Act ( 20 U.S.C. 7701 et seq. ) (Impact Aid), this Act, and the amendments made by this Act, shall take effect with respect to appropriations for use under that title for fiscal year 2016. 6. Authorization of appropriations The Act ( 20 U.S.C. 6301 et seq. ) is amended by inserting after section 2 the following: 3. Authorizations of appropriations (a) Title I (1) Part A There are authorized to be appropriated to carry out part A of title I $16,245,163,000 for each of fiscal years 2016 through 2019. (2) Part B There are authorized to be appropriated to carry out part B of title I $710,000 for each of fiscal years 2016 through 2019. (b) Title II There are authorized to be appropriated to carry out title II $2,788,356,000 for each of fiscal years 2016 through 2021. (c) Title III (1) Part A (A) Subpart 1 There are authorized to be appropriated to carry out subpart 1 of part A of title III $300,000,000 for each of fiscal years 2016 through 2019. (B) Subpart 2 There are authorized to be appropriated to carry out subpart 2 of part A of title III $91,647,000 for each of fiscal years 2016 through 2019. (C) Subpart 3 There are authorized to be appropriated to carry out subpart 3 of part A of title III $25,000,000 for each of fiscal years 2016 through 2019. (2) Part B There are authorized to be appropriated to carry out part B of title III $2,302,287,000 for each of fiscal years 2016 through 2019. (d) Title IV (1) Payments for Federal acquisition of real property For the purpose of making payments under section 4002, there are authorized to be appropriated $66,813,000 for each of fiscal years 2016 through 2019. (2) Basic payments; payments for heavily impacted local educational agencies For the purpose of making payments under section 4003(b), there are authorized to be appropriated $1,151,233,000 for each of fiscal years 2016 through 2019. (3) Payments for children with disabilities For the purpose of making payments under section 4003(d), there are authorized to be appropriated $48,316,000 for each of fiscal years 2016 through 2019. (4) Construction For the purpose of carrying out section 4007, there are authorized to be appropriated $17,406,000 for each of fiscal years 2016 through 2019. (5) Facilities maintenance For the purpose of carrying out section 4008, there are authorized to be appropriated $4,835,000 for each of fiscal years 2016 through 2019. . 7. Sense of the Congress (a) Findings The Congress finds as follows: (1) The Elementary and Secondary Education Act prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under such Act. (2) The Elementary and Secondary Education Act prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. (3) The Secretary of Education, through 3 separate initiatives, has created a system of waivers and grants that influence, incentivize, and coerce State educational agencies into implementing common national elementary and secondary standards and assessments endorsed by the Secretary. (4) The Race to the Top Fund encouraged and incentivized States to adopt Common Core State Standards developed by the National Governor’s Association Center for Best Practices and the Council of Chief State School Officers. (5) The Race to the Top Assessment grants awarded to the Partnership for the Assessment of Readiness for College and Careers (PARCC) and SMARTER Balanced Assessment Consortium (SMARTER Balance) initiated the development of Common Core State Standards aligned assessments that will, in turn, inform and ultimately influence kindergarten through 12th-grade curriculum and instructional materials. (6) The conditional Elementary and Secondary Education Act flexibility waiver authority employed by the Department of Education coerced States into accepting Common Core State Standards and aligned assessments. (b) Sense of the Congress It is the sense of the Congress that States and local educational agencies retain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary education. I Aid to local educational agencies A In general 101. Title heading The title heading for title I ( 20 U.S.C. 6301 et seq. ) is amended to read as follows: I Aid to local educational agencies . 102. Statement of purpose Section 1001 ( 20 U.S.C. 6301 ) is amended to read as follows: 1001. Statement of purpose The purpose of this title is to provide all children the opportunity to graduate high school prepared for postsecondary education or the workforce. This purpose can be accomplished by— (1) meeting the educational needs of low-achieving children in our Nation’s highest-poverty schools, English learners, migratory children, children with disabilities, Indian children, and neglected or delinquent children; (2) closing the achievement gap between high- and low-performing children, especially the achievement gaps between minority and nonminority students, and between disadvantaged children and their more advantaged peers; (3) affording parents substantial and meaningful opportunities to participate in the education of their children; and (4) challenging States and local educational agencies to embrace meaningful, evidence-based education reform, while encouraging state and local innovation. . 103. Flexibility to use Federal funds Section 1002 ( 20 U.S.C. 6302 ) is amended to read as follows: 1002. Flexibility to use Federal funds (a) Alternative uses of Federal funds for State educational agencies (1) In general Subject to subsections (c) and (d) and notwithstanding any other provision of law, a State educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any State activity authorized or required under one or more of the following provisions: (A) Section 1003. (B) Section 1004. (C) Subpart 2 of part A of title I. (D) Subpart 3 of part A of title I. (E) Subpart 4 of part A of title I. (2) Notification Not later than June 1 of each year, a State educational agency shall notify the Secretary of the State educational agency’s intention to use the applicable funding for any of the alternative uses under paragraph (1). (3) Applicable funding defined (A) In general Except as provided in subparagraph (B), in this subsection, the term applicable funding means funds provided to carry out State activities under one or more of the following provisions: (i) Section 1003. (ii) Section 1004. (iii) Subpart 2 of part A of title I. (iv) Subpart 3 of part A of title I. (v) Subpart 4 of part A of title I. (B) Limitation In this subsection, the term applicable funding does not include funds provided under any of the provisions listed in subparagraph (A) that State educational agencies are required by this Act— (i) to reserve, allocate, or spend for required activities; (ii) to allocate, allot, or award to local educational agencies or other entities eligible to receive such funds; or (iii) to use for technical assistance or monitoring. (4) Disbursement The Secretary shall disburse the applicable funding to State educational agencies for alternative uses under paragraph (1) for a fiscal year at the same time as the Secretary disburses the applicable funding to State educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. (b) Alternative uses of Federal funds for local educational agencies (1) In general Subject to subsections (c) and (d) and notwithstanding any other provision of law, a local educational agency may use the applicable funding that the agency receives for a fiscal year to carry out any local activity authorized or required under one or more of the following provisions: (A) Section 1003. (B) Subpart 1 of part A of title I. (C) Subpart 2 of part A of title I. (D) Subpart 3 of part A of title I. (E) Subpart 4 of part A of title I. (2) Notification A local educational agency shall notify the State educational agency of the local educational agency’s intention to use the applicable funding for any of the alternative uses under paragraph (1) by a date that is established by the State educational agency for the notification. (3) Applicable funding defined (A) In general Except as provided in subparagraph (B), in this subsection, the term applicable funding means funds provided to carry out local activities under one or more of the following provisions: (i) Subpart 2 of part A of title I. (ii) Subpart 3 of part A of title I. (iii) Subpart 4 of part A of title I. (B) Limitation In this subsection, the term applicable funding does not include funds provided under any of the provisions listed in subparagraph (A) that local educational agencies are required by this Act— (i) to reserve, allocate, or spend for required activities; (ii) to allocate, allot, or award to entities eligible to receive such funds; or (iii) to use for technical assistance or monitoring. (4) Disbursement Each State educational agency that receives applicable funding for a fiscal year shall disburse the applicable funding to local educational agencies for alternative uses under paragraph (1) for the fiscal year at the same time as the State educational agency disburses the applicable funding to local educational agencies that do not intend to use the applicable funding for such alternative uses for the fiscal year. (c) Rule for administrative costs A State educational agency or a local educational agency shall only use applicable funding (as defined in subsection (a)(3) or (b)(3), respectively) for administrative costs incurred in carrying out a provision listed in subsection (a)(1) or (b)(1), respectively, to the extent that the agency, in the absence of this section, could have used funds for administrative costs with respect to a program listed in subsection (a)(3) or (b)(3), respectively. (d) Rule of construction Nothing in this section shall be construed to relieve a State educational agency or local educational agency of any requirements relating to— (1) use of Federal funds to supplement, not supplant, non-Federal funds; (2) comparability of services; (3) equitable participation of private school students and teachers; (4) applicable civil rights requirements; (5) section 1113; or (6) section 1111. . 104. School improvement Section 1003 ( 20 U.S.C. 6303 ) is amended— (1) in subsection (a)— (A) by striking 2 percent and inserting 7 percent ; and (B) by striking subpart 2 of part A and all that follows through sections 1116 and 1117, and inserting chapter B of subpart 1 of part A for each fiscal year to carry out subsection (b), ; (2) in subsection (b)— (A) in paragraph (1), by striking for schools identified for school improvement, corrective action, and restructuring, for activities under section 1116(b) and inserting to carry out the State’s system of school improvement under section 1111(b)(3)(B)(iii) ; and (B) in paragraph (2), by striking or educational service agencies and inserting , educational service agencies, or non-profit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement ; (3) in subsection (c)— (A) in paragraph (1), by inserting and at the end; (B) in paragraph (2), by striking need for such funds; and and inserting commitment to using such funds to improve such schools. ; and (C) by striking paragraph (3); (4) in subsection (d)(1), by striking subpart 2 of part A; and inserting chapter B of subpart 1 of part A; ; (5) in subsection (e)— (A) by striking in any fiscal year and inserting in fiscal year 2016 and each subsequent fiscal year ; (B) by striking subpart 2 and inserting chapter B of subpart 1 of part A ; and (C) by striking such subpart and inserting such chapter ; (6) in subsection (f), by striking and the percentage of students from each school from families with incomes below the poverty line ; and (7) by striking subsection (g). 105. Direct student services The Act ( 20 U.S.C. 6301 et seq. ) is amended by inserting after section 1003 the following: 1003A. Direct student services (a) State reservation Each State shall reserve 3 percent of the amount the State receives under chapter B of subpart 1 of part A for each fiscal year to carry out this section. Of such reserved funds, the State educational agency may use up to 1 percent to administer direct student services. (b) Direct student services From the amount available after the application of subsection (a), each State shall award grants in accordance with this section to local educational agencies to support direct student services. (c) Awards The State educational agency shall award grants to geographically diverse local educational agencies including suburban, rural, and urban local educational agencies. If there are not enough funds to award all applicants in a sufficient size and scope to run an effective direct student services program, the State shall prioritize awards to local educational agencies with the greatest number of students with disabilities, neglected, delinquent, migrant students, English learners, at-risk students, and Native Americans, to increase academic achievement of such students. (d) Local use of funds A local educational agency receiving an award under this section— (1) shall use up to 1 percent of each award for outreach and communication to parents about their options and to register students for direct student services; (2) may use not more than 2 percent of each award for administrative costs related to direct student services; and (3) shall use the remainder of the award to pay the transportation required to provide public school choice or the hourly rate for high-quality academic tutoring services, as determined by a provider on the State-approved list required under subsection (f)(2). (e) Application A local educational agency desiring to receive an award under subsection (b) shall submit an application describing how the local educational agency will— (1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child’s education; (2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service; (3) ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options; (4) determine the requirements or criteria for student eligibility for direct student services; (5) select a variety of providers of high-quality academic tutoring from the State-approved list required under subsection (f)(2) and ensure fair negotiations in selecting such providers of high-quality academic tutoring, including online, on campus, and other models of tutoring which provide meaningful choices to parents to find the best service for their child; and (6) develop an estimated per pupil expenditure available for eligible students to use toward high-quality academic tutoring which shall allow for an adequate level of services to increase academic achievement from a variety of high-quality academic tutoring providers. (f) Providers and schools The State— (1) shall ensure that each local educational agency receiving an award to provide public school choice can provide a sufficient number of options to provide a meaningful choice for parents; (2) shall compile a list of State-approved high-quality academic tutoring providers that includes online, on campus, and other models of tutoring; and (3) shall ensure that each local educational agency receiving an award will provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services. . 106. State administration Section 1004 ( 20 U.S.C. 6304 ) is amended to read as follows: 1004. State administration (a) In general Except as provided in subsection (b), to carry out administrative duties assigned under subparts 1, 2, and 3 of part A of this title, each State may reserve the greater of— (1) 1 percent of the amounts received under such subparts; or (2) $400,000 ($50,000 in the case of each outlying area). (b) Exception If the sum of the amounts reserved under subparts 1, 2, and 3 of part A of this title is equal to or greater than $14,000,000,000, then the reservation described in subsection (a)(1) shall not exceed 1 percent of the amount the State would receive if $14,000,000,000 were allocated among the States for subparts 1, 2, and 3 of part A of this title. . B Improving the academic achievement of the disadvantaged 111. Part A headings (a) Part heading The part heading for part A of title I ( 20 U.S.C. 6311 et seq. ) is amended to read as follows: A Improving the academic achievement of the disadvantaged . (b) Subpart 1 heading The Act is amended by striking the subpart heading for subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. ) and inserting the following: 1 Improving basic programs operated by local educational agencies A Basic program requirements . (c) Subpart 2 heading The Act is amended by striking the subpart heading for subpart 2 of part A of title I ( 20 U.S.C. 6331 et seq. ) and inserting the following: B Allocations . 112. State plans Section 1111 ( 20 U.S.C. 6311 ) is amended to read as follows: 1111. State plans (a) Filing for grants (1) In general For any State desiring to receive a grant under this subpart, the State educational agency file with the Secretary a plan, developed by the State educational agency, in consultation with local educational agencies, teachers, school leaders, public charter school representatives, specialized instructional support personnel, other appropriate school personnel, parents, private sector employers, entrepreneurs, and representatives of Indian tribes located in the State, that satisfies the requirements of this section and that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the Head Start Act, the Adult Education and Family Literacy Act, and the McKinney-Vento Homeless Assistance Act. (2) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 6302. (b) Academic standards, academic assessments, and State accountability (1) Academic standards (A) In general Each State plan shall demonstrate that the State has adopted academic content standards and academic achievement standards aligned with such content standards that comply with the requirements of this paragraph. (B) Subjects The State shall have such academic standards for mathematics, reading or language arts, and science, and may have such standards for any other subject determined by the State. (C) Requirements The standards described in subparagraph (A) shall— (i) apply to all public schools and public school students in the State; and (ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State. (D) Alternate academic achievement standards Notwithstanding any other provision of this paragraph, a State retains the right, through a documented and validated standards-setting process, to adopt alternate academic achievement standards for students with the most significant cognitive disabilities, if— (i) the determination about whether the achievement of an individual student should be measured against such standards is made separately for each student; and (ii) such standards— (I) are aligned with the State academic standards required under subparagraph (A); (II) promote access to the general curriculum; and (III) reflect professional judgment as to the highest possible standards achievable by such students. (E) English language proficiency standards Each State plan shall describe how the State educational agency will establish English language proficiency standards that are— (i) derived from the four recognized domains of speaking, listening, reading, and writing; and (ii) aligned with the State’s academic content standards in reading or language arts under subparagraph (A). (2) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality student academic assessments in mathematics, reading or language arts, and science. The State retains the right to implement such assessments in any other subject chosen by the State. (B) Requirements Such assessments shall— (i) in the case of mathematics and reading or language arts, be used in determining the performance of each local educational agency and public school in the State in accordance with the State’s accountability system under paragraph (3); (ii) be the same academic assessments used to measure the academic achievement of all public school students in the State; (iii) be aligned with the State’s academic standards and provide coherent and timely information about student attainment of such standards; (iv) be used for purposes for which such assessments are valid and reliable, be of adequate technical quality for each purpose required under this Act, and be consistent with relevant, nationally recognized professional and technical standards; (v) (I) in the case of mathematics and reading or language arts, be administered in each of grades 3 through 8 and at least once in grades 9 through 12; (II) in the case of science, be administered not less than one time during— (aa) grades 3 through 5; (bb) grades 6 through 9; and (cc) grades 10 through 12; and (III) in the case of any other subject chosen by the State, be administered at the discretion of the State; (vi) measure individual student academic proficiency and, at the State’s discretion, growth; (vii) at the State’s discretion— (I) be administered through a single annual summative assessment; or (II) be administered through multiple assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement; (viii) include measures that assess higher-order thinking skills and understanding; (ix) provide for— (I) the participation in such assessments of all students; (II) the reasonable adaptations and accommodations for students with disabilities necessary to measure the academic achievement of such students relative to the State’s academic standards; and (III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided reasonable accommodations, including, to the extent practicable, assessments in the language and form most likely to yield accurate and reliable information on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as assessed by the State under subparagraph (D); (x) notwithstanding clause (ix)(III), provide for the assessment of reading or language arts in English for English learners who have attended school in the United States (not including Puerto Rico) for 3 or more consecutive school years, except that a local educational agency may, on a case-by-case basis, provide for the assessment of reading or language arts for each such student in a language other than English for a period not to exceed 2 additional consecutive years if the assessment would be more likely to yield accurate and reliable information on what such student knows and can do, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on reading or language arts assessments written in English; (xi) produce individual student interpretive, descriptive, and diagnostic reports regarding achievement on such assessments that allow parents, teachers, and school leaders to understand and address the specific academic needs of students, and that are provided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (xii) enable results to be disaggregated within each State, local educational agency, and school by gender, by each major racial and ethnic group, by English language proficiency status, by migrant status, by status as a student with a disability, by status as a student with a parent who is an active duty member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code), by status as a student in foster care, and by economically disadvantaged status, except that, in the case of a local educational agency or a school, such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (xiii) be administered to not less than 95 percent of all students, and not less than 95 percent of each subgroup of students described in paragraph (3)(B)(ii)(II), except that States shall allow the parent of a student to opt such student out of the assessments required under this paragraph for any reason and shall not include such students in calculating the participation rate under this clause; and (xiv) where practicable, be developed using the principles of universal design for learning as defined in section 103(24) of the Higher Education Act of 1965 ( 20 U.S.C. 1003(24) ). (C) Alternate assessments A State may provide for alternate assessments aligned with the alternate academic standards adopted in accordance with paragraph (1)(D), for students with the most significant cognitive disabilities, if the State— (i) establishes and monitors implementation of clear and appropriate guidelines for individualized education program teams (as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act) to apply when determining, on an annual and subject-by-subject basis, when a child’s significant cognitive disability justifies assessment based on alternate achievement standards; (ii) ensures that the parents of such students are clearly informed, as part of the process for developing the Individualized Education Program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A) ), that— (I) their child’s academic achievement will be measured against such alternate standards; and (II) whether participation in such assessments precludes the student from completing the requirements for a regular high school diploma as defined in section 6101(36)(A); (iii) ensures that students with the most significant cognitive disabilities who take an alternate assessment based on alternate academic achievement standards are not precluded from attempting to complete the requirements for a regular secondary school diploma, as determined by the State; (iv) demonstrates that such students are, to the extent practicable, included in the general curriculum and that such alternate assessments are aligned with such curriculum; (v) develops, disseminates information about, and promotes the use of appropriate accommodations to increase the number of students with disabilities who are tested against academic achievement standards for the grade in which a student is enrolled; and (vi) ensures that regular and special education teachers and other appropriate staff know how to administer the alternate assessments, including making appropriate use of accommodations for students with disabilities. (D) Assessments of English language proficiency (i) In general Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency of all English learners in the schools served by the State educational agency. (ii) Alignment The assessments described in clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph (1)(E). (E) Language assessments Each State plan shall identify the languages other than English that are present in the participating student population and indicate the languages for which yearly student academic assessments are not available and are needed. The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. (F) Adaptive assessments A State retains the right to develop and administer computer adaptive assessments as the assessments required under subparagraph (A). If a State develops and administers a computer adaptive assessment for such purposes, the assessment shall meet the requirements of this paragraph, except as follows: (i) Notwithstanding subparagraph (B)(iii), the assessment— (I) shall measure, at a minimum, each student’s academic proficiency against the State’s academic standards for the student’s grade level and growth toward such standards; and (II) if the State chooses, may be used to measure the student’s level of academic proficiency and growth using assessment items above or below the student’s grade level, including for use as part of a State’s accountability system under paragraph (3). (ii) Subparagraph (B)(ii) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items. (G) Locally designed assessment system Nothing in this paragraph shall be construed to prohibit a local educational agency from administering its own assessments in lieu of the State-designed academic assessment system under this paragraph, if— (i) the local educational agency obtains approval from the State to administer a locally designed academic assessment system; (ii) such assessments provide data that is comparable among all local educational agencies within the State; and (iii) the locally designed academic assessment system meets the requirements for the assessments under subparagraph (B), except the requirement under clause (ii) of such subparagraph. (3) State accountability systems (A) In general Each State plan shall demonstrate that the State has developed and is implementing a single, statewide accountability system to ensure that all public school students graduate from high school prepared for postsecondary education or the workforce without the need for remediation. (B) Elements Each State accountability system described in subparagraph (A) shall at a minimum— (i) annually measure the academic achievement of all public school students in the State against the State’s mathematics and reading or language arts academic standards adopted under paragraph (1), which may include measures of student growth toward such standards, using the mathematics and reading or language arts assessments described in paragraph (2)(B) and other valid and reliable academic indicators related to student achievement as identified by the State; (ii) annually evaluate and identify the academic performance of each public school in the State based on— (I) student academic achievement as measured in accordance with clause (i); (II) the overall performance, and achievement gaps as compared to all students in the school, for economically disadvantaged students, students from major racial and ethnic groups, students with disabilities, and English learners, except that disaggregation of data under this subclause shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; and (III) other measures of school success; and (iii) include a system for school improvement for low-performing public schools receiving funds under this subpart that— (I) implements interventions in such schools that are designed to address such schools’ weaknesses; and (II) is implemented by local educational agencies serving such schools. (C) Prohibition Nothing in this section shall be construed to permit the Secretary to establish any criteria that specifies, defines, or prescribes any aspect of a State’s accountability system developed and implemented in accordance with this paragraph. (D) Accountability for charter schools The accountability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. (E) Recently arrived English learners A State may delay inclusion of the academic achievement of English learners for purposes of the evaluation and identification described in subparagraph (B)(ii) if such students have attended schools in the 50 states or the District of Columbia for less than two years (in the case of mathematics) and less than three years (in the case of reading or language arts), except that if the State uses growth calculations as described in clause (i) of such subparagraph in such evaluation and identification, the State shall include such students in such calculations. (4) Requirements Each State plan shall describe— (A) how the State educational agency will assist each local educational agency and each public school affected by the State plan to comply with the requirements of this subpart, including how the State educational agency will work with local educational agencies to provide technical assistance; and (B) how the State educational agency will ensure that the results of the State assessments described in paragraph (2), the other indicators selected by the State under paragraph (3)(B)(i), and the school evaluations described in paragraph (3)(B)(ii), will be promptly provided to local educational agencies, schools, teachers, and parents in a manner that is clear and easy to understand, but not later than before the beginning of the school year following the school year in which such assessments, other indicators, or evaluations are taken or completed. (5) Timeline for implementation Each State plan shall describe the process by which the State will adopt and implement the State academic standards, assessments, and accountability system required under this section within 2 years of enactment of the Student Success Act. (6) Existing standards Nothing in this subpart shall prohibit a State from revising, consistent with this section, any standard adopted under this section before or after the date of the enactment of the Student Success Act. (7) Existing State law Nothing in this section shall be construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this section, as in effect on the day before the date of the enactment of the Student Success Act. (c) Other provisions To support teaching and learning Each State plan shall contain assurances that— (1) the State will notify local educational agencies, schools, teachers, parents, and the public of the academic standards, academic assessments, and State accountability system developed and implemented under this section; (2) the State will participate in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act if the Secretary pays the costs of administering such assessments; (3) the State educational agency will notify local educational agencies and the public of the authority to operate schoolwide programs; (4) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this subpart; (5) the State educational agency will encourage schools to consolidate funds from other Federal, State, and local sources for schoolwide reform in schoolwide programs under section 1114; (6) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under section 1114; and (7) the State educational agency will inform local educational agencies in the State of the local educational agency’s authority to transfer funds under section 1002 and to obtain waivers under section 6401. (d) Parental involvement Each State plan shall describe how the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parental involvement practices. Such practices shall— (1) be based on the most current research that meets the highest professional and technical standards on effective parental involvement that fosters achievement to high standards for all children; (2) be geared toward lowering barriers to greater participation by parents in school planning, review, and improvement; and (3) be coordinated with programs funded under subpart 3 of part A of title III. (e) Peer review and secretarial approval (1) Establishment Notwithstanding section 6543, the Secretary shall— (A) establish a peer-review process to assist in the review of State plans; and (B) appoint individuals to the peer-review process who are representative of parents, teachers, State educational agencies, local educational agencies, and private sector employers (including representatives of entrepreneurial ventures), and who are familiar with educational standards, assessments, accountability, the needs of low-performing schools, and other educational needs of students, and ensure that 65 percent of such appointees are practitioners and 10 percent are representatives of private sector employers. (2) Approval The Secretary shall— (A) approve a State plan within 120 days of its submission; (B) disapprove of the State plan only if the Secretary demonstrates how the State plan fails to meet the requirements of this section and immediately notifies the State of such determination and the reasons for such determination; (C) not decline to approve a State's plan before— (i) offering the State an opportunity to revise its plan; (ii) providing technical assistance in order to assist the State to meet the requirements of this section; and (iii) providing a hearing; and (D) have the authority to disapprove a State plan for not meeting the requirements of this subpart, but shall not have the authority to require a State, as a condition of approval of the State plan, to include in, or delete from, such plan one or more specific elements of the State's academic standards or State accountability system, or to use specific academic assessments or other indicators. (3) State revisions A State plan shall be revised by the State educational agency if it is necessary to satisfy the requirements of this section. (4) Public review All communications, feedback, and notifications under this subsection shall be conducted in a manner that is immediately made available to the public through the website of the Department, including— (A) peer review guidance; (B) the names of the peer reviewers; (C) State plans submitted or resubmitted by a State, including the current approved plans; (D) peer review notes; (E) State plan determinations by the Secretary, including approvals or disapprovals, and any deviations from the peer reviewers’ recommendations with an explanation of the deviation; and (F) hearings. (5) Prohibition The Secretary, and the Secretary’s staff, may not attempt to participate in, or influence, 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 nature, which shall be publicly reported. (6) Rule of construction A State plan shall be presumed approved upon submission unless the Secretary finds that the plan does not meet one of the required elements, but in no case shall a deficiency be found due to the content of the material submitted. (f) Duration of the plan (1) In general Each State plan shall— (A) remain in effect for the duration of the State’s participation under this subpart; and (B) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this subpart. (2) Additional information If a State makes significant changes to its State plan, such as the adoption of new State academic standards or new academic assessments, or adopts a new State accountability system, such information shall be submitted to the Secretary under subsection (e)(2) for approval. (g) Failure To meet requirements If a State fails to meet any of the requirements of this section then the Secretary shall withhold funds for State administration under this subpart until the Secretary determines that the State has fulfilled those requirements. (h) Reports (1) Annual State report card (A) In general A State that receives assistance under this subpart shall prepare and disseminate an annual State report card. Such dissemination shall include, at a minimum, publicly posting the report card on the home page of the State educational agency’s website. (B) Implementation The State report card shall be— (i) concise; and (ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, provided in a language that parents can understand. (C) Required information The State shall include in its annual State report card information on— (i) the performance of students, in the aggregate and disaggregated by the categories of students described in subsection (b)(2)(B)(xii) (except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student), on the State academic assessments described in subsection (b)(2); (ii) the participation rate on such assessments, in the aggregate and disaggregated in accordance with clause (i); (iii) the performance of students, in the aggregate and disaggregated in accordance with clause (i), on other academic indicators described in subsection (b)(3)(B)(i); (iv) the number, percentage, and disability category of students with significant cognitive disabilities participating in the alternate assessments described in subsection (b)(2)(C) (except that such reporting shall not be required in a case in which the results would reveal personally identifiable information about an individual student); (v) for each public high school in the State, in the aggregate and disaggregated in accordance with clause (i)— (I) the four-year adjusted cohort graduation rate, and (II) if applicable, the extended-year adjusted cohort graduation rate, reported separately for students graduating in 5 years or less, students graduating in 6 years or less, and students graduating in 7 or more years; (vi) each public school’s evaluation results as determined in accordance with subsection (b)(3)(B)(ii); (vii) the acquisition of English proficiency by English learners; (viii) if appropriate, as determined by the State, the number and percentage of teachers in each category established under section 2123(1), except that such information shall not reveal personally identifiable information about an individual teacher; and (ix) the results of the assessments described in subsection (c)(2). (D) Optional information The State may include in its annual State report card such other information as the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and public secondary schools, such as the number of students enrolled in each public secondary school in the State attaining career and technical proficiencies, as defined in section 113(b)(2)(A) of the Carl D. Perkins Career and Technical Education Act of 2006, and reported by the State in a manner consistent with section 113(c) of such Act. (E) Data All personal, private student data shall be prohibited from use beyond assessing student performance as provided for in subparagraph (C). The State’s annual report shall only use such data as sufficient to yield statistically reliable information, and does not reveal personally identifiable information about individual students. (2) Annual local educational agency report cards (A) In general A local educational agency that receives assistance under this subpart shall prepare and disseminate an annual local educational agency report card. (B) Minimum requirements The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report the information described in paragraph (1)(C) as applied to the local educational agency and each school served by the local educational agency, and— (i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the statewide academic assessment and other academic indicators adopted in accordance with subsection (b)(3)(B)(i) compared to students in the State as a whole; and (ii) in the case of a school, the school’s evaluation under subsection (b)(3)(B)(ii). (C) Other information A local educational agency may include in its annual local educational agency report card any other appropriate information, whether or not such information is included in the annual State report card. (D) Data A local educational agency or school shall only include in its annual local educational agency report card data that are sufficient to yield statistically reliable information, as determined by the State, and that do not reveal personally identifiable information about an individual student. (E) Public dissemination The local educational agency shall publicly disseminate the information described in this paragraph to all schools served by the local educational agency and to all parents of students attending those schools in an understandable and uniform format, and, to the extent practicable, in a language that parents can understand, and make the information widely available through public means, such as posting on the Internet, distribution to the media, and distribution through public agencies, except that if a local educational agency issues a report card for all students, the local educational agency may include the information under this section as part of such report. (3) Preexisting report cards A State educational agency or local educational agency may use public report cards on the performance of students, schools, local educational agencies, or the State, that were in effect prior to the enactment of the Student Success Act for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this subsection, and protects the privacy of individual students. (4) Parents right-to-know (A) Achievement information At the beginning of each school year, a school that receives funds under this subpart shall provide to each individual parent information on the level of achievement of the parent’s child in each of the State academic assessments and other academic indicators adopted in accordance with this subpart. (B) Format The notice and information provided to parents under this paragraph shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (i) Privacy Information collected under this section shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act and this Act. (j) Voluntary partnerships A State retains the right to enter into a voluntary partnership with another State to develop and implement the academic standards and assessments required under this section, except that the Secretary shall not, either directly or indirectly, attempt to influence, incentivize, or coerce State— (1) adoption of the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or assessments tied to such standards; or (2) participation in any such partnerships. (k) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. (l) Special rule with respect To bureau-Funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education receiving funds under this subpart, the following shall apply: (1) Each such school that is accredited by the State in which it is operating shall use the assessments and other academic indicators the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment and academic indicators as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization shall adopt an appropriate assessment and other academic indicators, in consultation with and with the approval of, the Secretary of the Interior and consistent with assessments and academic indicators adopted by other schools in the same State or region, that meet the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment and academic indicators meet the requirements of this section. . 113. Local educational agency plans Section 1112 ( 20 U.S.C. 6312 ) is amended to read as follows: 1112. Local educational agency plans (a) Plans Required (1) Subgrants A local educational agency may receive a subgrant under this subpart for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that is coordinated with other programs under this Act, the Individuals with Disabilities Education Act, the Carl D. Perkins Career and Technical Education Act of 2006, the McKinney-Vento Homeless Assistance Act, and other Acts, as appropriate. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 6305. (b) Plan provisions Each local educational agency plan shall describe— (1) how the local educational agency will monitor, in addition to the State assessments described in section 1111(b)(2), students’ progress in meeting the State’s academic standards; (2) how the local educational agency will identify quickly and effectively those students who may be at risk of failing to meet the State’s academic standards; (3) how the local educational agency will provide additional educational assistance to individual students in need of additional help in meeting the State’s academic standards; (4) how the local educational agency will implement the school improvement system described in section 1111(b)(3)(B)(iii) for any of the agency’s schools identified under such section; (5) how the local educational agency will coordinate programs under this subpart with other programs under this Act and other Acts, as appropriate; (6) the poverty criteria that will be used to select school attendance areas under section 1113; (7) how teachers, in consultation with parents, administrators, and specialized instructional support personnel, in targeted assistance schools under section 1115, will identify the eligible children most in need of services under this subpart; (8) in general, the nature of the programs to be conducted by the local educational agency’s schools under sections 1114 and 1115, and, where appropriate, educational services outside such schools for children living in local institutions for neglected and delinquent children, and for neglected and delinquent children in community day school programs; (9) how the local educational agency will ensure that migratory children who are eligible to receive services under this subpart are selected to receive such services on the same basis as other children who are selected to receive services under this subpart; (10) the services the local educational agency will provide homeless children, including services provided with funds reserved under section 1113(c)(3)(A); (11) the strategy the local educational agency will use to implement effective parental involvement under section 1118; (12) if appropriate, how the local educational agency will use funds under this subpart to support preschool programs for children, particularly children participating in a Head Start program, which services may be provided directly by the local educational agency or through a subcontract with the local Head Start agency designated by the Secretary of Health and Human Services under section 641 of the Head Start Act, or another comparable early childhood development program; (13) how the local educational agency, through incentives for voluntary transfers, the provision of professional development, recruitment programs, incentive pay, performance pay, or other effective strategies, will address disparities in the rates of low-income and minority students and other students being taught by ineffective teachers; (14) if appropriate, how the local educational agency will use funds under this subpart to support programs that coordinate and integrate— (A) career and technical education aligned with State technical standards that promote skills attainment important to in-demand occupations or industries in the State and the State’s academic standards under section 1111(b)(1); and (B) work-based learning opportunities that provide students in-depth interaction with industry professionals for the purposes of gaining experience and, if appropriate, academic credit; (15) if appropriate, how the local educational agency will use funds under this subpart to support dual enrollment programs, early college high schools, and Advanced Placement or International Baccalaureate programs; (16) if appropriate, how the local educational agency will use funds under this subpart to train school counselors to effectively provide students relevant information regarding their individual career and postsecondary education goals; and (17) if appropriate, how the local educational agency will use funds under this subpart to support activities that coordinate and integrate before-school and after-school programs, and summer school programs. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) participate, if selected, in biennial State academic assessments of 4th and 8th grade reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(2) of the National Assessment of Educational Progress Authorization Act; (2) inform schools of schoolwide program authority and the ability to consolidate funds from Federal, State, and local sources; (3) provide technical assistance to schoolwide programs; (4) provide services to eligible children attending private elementary and secondary schools in accordance with section 1120, and timely and meaningful consultation with private school officials or representatives regarding such services; (5) in the case of a local educational agency that chooses to use funds under this subpart to provide early childhood development services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act; (6) inform eligible schools of the local educational agency’s authority to request waivers on the school’s behalf under title VI; and (7) ensure that the results of the academic assessments required under section 1111(b)(2) will be provided to parents and teachers as soon as is practicably possible after the test is taken, in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (d) Special rule In carrying out subsection (c)(5), the Secretary shall— (1) consult with the Secretary of Health and Human Services and shall establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subparagraph; and (2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act, and such agencies affected by such subsection shall plan for the implementation of such subsection (taking into consideration existing State and local laws, and local teacher contracts). (e) Plan development and duration (1) Consultation Each local educational agency plan shall be developed in consultation with teachers, school leaders, public charter school representatives, administrators, and other appropriate school personnel, and with parents of children in schools served under this subpart. (2) Duration Each such plan shall be submitted for the first year for which this part is in effect following the date of the enactment of this Act and shall remain in effect for the duration of the agency’s participation under this subpart. (3) Review Each local educational agency shall periodically review and, as necessary, revise its plan. (f) State approval (1) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (2) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (A) enables schools served under this subpart to substantially help children served under this subpart to meet the State’s academic standards described in section 1111(b)(1); and (B) meets the requirements of this section. (3) Review The State educational agency shall review the local educational agency’s plan to determine if such agency’s activities are in accordance with section 1118. (g) Parental notification (1) In general Each local educational agency using funds under this subpart and subpart 4 to provide a language instruction educational program shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation, or participating in, such a program of— (A) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (B) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (C) the methods of instruction used in the program in which their child is, or will be participating, and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (D) how the program in which their child is, or will be participating, will meet the educational strengths and needs of their child; (E) how such program will specifically help their child learn English, and meet age-appropriate academic achievement standards for grade promotion and graduation; (F) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school for such program if funds under this subpart are used for children in secondary schools; (G) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child; and (H) information pertaining to parental rights that includes written guidance— (i) detailing— (I) the right that parents have to have their child immediately removed from such program upon their request; and (II) the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (ii) assisting parents in selecting among various programs and methods of instruction, if more than one program or method is offered by the eligible entity. (2) Notice The notice and information provided in paragraph (1) to parents of a child identified for participation in a language instruction educational program for English learners shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. (3) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year the local educational agency shall notify parents within the first 2 weeks of the child being placed in a language instruction educational program consistent with paragraphs (1) and (2). (4) Parental participation Each local educational agency receiving funds under this subpart shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can be involved in the education of their children, and be active participants in assisting their children to attain English proficiency, achieve at high levels in core academic subjects, and meet the State’s academic standards expected of all students, including holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this subpart. (5) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. . 114. Eligible school attendance areas Section 1113 ( 20 U.S.C. 6313 ) is amended— (1) by striking part each place it appears and inserting subpart ; and (2) in subsection (c)(4)— (A) by striking subpart 2 and inserting chapter B ; and (B) by striking school improvement, corrective action, and restructuring under section 1116(b) and inserting school improvement under section 1111(b)(3)(B)(iii) . 115. Schoolwide programs Section 1114 ( 20 U.S.C. 6314 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking part and inserting subpart ; and (ii) by striking in which through such families ; (B) in paragraph (2)— (i) in subparagraph (A)(i), by striking part and inserting subpart ; and (ii) in subparagraph (B)— (I) by striking children with limited English proficiency and inserting English learners ; and (II) by striking part and inserting subpart ; (C) in paragraph (3)(B), by striking maintenance of effort, after private school children, ; and (D) by striking paragraph (4); (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking (including and all that follows through 1309(2)) ; and (II) by striking content standards and the State student academic achievement standards and inserting standards ; (ii) in subparagraph (B)— (I) in clause (i), by striking proficient and all that follows through section 1111(b)(1)(D) and inserting academic standards described in section 1111(b)(1) ; (II) in clause (ii), in the matter preceding subclause (I), by striking based on scientifically based research and inserting evidence-based ; (III) in clause (iii)— (aa) in subclause (I)— (AA) by striking student academic achievement standards and inserting academic standards ; and (BB) by striking schoolwide program, and all that follows through technical education programs; and and inserting schoolwide programs; and ; and (bb) in subclause (II), by striking and ; (IV) in clause (iv)— (aa) by striking the State and local improvement plans and inserting school improvement strategies ; and (bb) by striking the period and inserting ; and ; and (V) by adding at the end the following new clause: (v) may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement. ; (iii) in subparagraph (C), by striking highly qualified and inserting effective ; (iv) in subparagraph (D)— (I) by striking In accordance with section 1119 and subsection (a)(4), high-quality and inserting High-quality ; (II) by striking pupil services and inserting specialized instructional support services ; and (III) by striking student academic achievement and inserting academic ; (v) in subparagraph (E), by striking high-quality highly qualified and inserting effective ; (vi) in subparagraph (G), by striking , such as Head Start, Even Start, Early Reading First, or a State-run preschool program, ; (vii) in subparagraph (H), by striking section 1111(b)(3) and inserting section 1111(b)(2) ; (viii) in subparagraph (I), by striking proficient or advanced levels of academic achievement standards and inserting State academic standards ; and (ix) in subparagraph (J), by striking vocational and inserting career ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i)— (aa) by striking first develop and all that follows through 2001) and inserting have in place ; and (bb) by striking and its school support team or other technical assistance provider under section 1117 ; (II) in clause (ii), by striking part and inserting subpart ; and (III) in clause (iv), by striking section 1111(b)(3) and inserting section 1111(b)(2) ; and (ii) in subparagraph (B)— (I) in clause (i)— (aa) in subclause (I), by striking , after considering the recommendation of the technical assistance providers under section 1117, ; and (bb) in subclause (II), by striking No Child Left Behind Act of 2001 and inserting Student Success Act ; (II) in clause (ii)— (aa) by striking (including administrators of programs described in other parts of this title) ; and (bb) by striking pupil services and inserting specialized instructional support services ; (III) in clause (iii), by striking part and inserting subpart ; and (IV) in clause (v), by striking Reading First, Early Reading First, Even Start, ; and (3) in subsection (c)— (A) by striking part and inserting subpart ; and (B) by striking 6, and all that follows through the period at the end and inserting 6. . 116. Targeted assistance schools Section 1115 ( 20 U.S.C. 6315 ) is amended— (1) in subsection (a)— (A) by striking are ineligible for a schoolwide program under section 1114, or that ; (B) by striking operate such and inserting operate ; and (C) by striking part and inserting subpart ; (2) in subsection (b)— (A) in paragraph (1)(B), by striking challenging student academic achievement and inserting academic ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking limited English proficient children and inserting English learners ; and (II) by striking part each place it appears and inserting subpart ; (ii) in subparagraph (B)— (I) in the heading, by striking , Even Start, or Early Reading First ; (II) by striking , Even Start, or Early Reading First ; and (III) by striking part and inserting subpart ; (iii) in subparagraph (C)— (I) by amending the heading to read as follows: Subpart 3 children.— ; (II) by striking part C and inserting subpart 3 ; and (III) by striking part and inserting subpart ; and (iv) in subparagraphs (D) and (E), by striking part each place it appears and inserting subpart ; and (C) in paragraph (3), by striking part and inserting subpart ; (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking part and inserting subpart ; and (II) by striking challenging student academic achievement and inserting academic ; (ii) in subparagraph (A)— (I) by striking part and inserting subpart ; and (II) by striking challenging student academic achievement and inserting academic ; (iii) in subparagraph (B), by striking part and inserting subpart ; (iv) in subparagraph (C)— (I) in the matter preceding clause (i), by striking based on scientifically based research and inserting evidence-based ; and (II) in clause (iii), by striking part and inserting subpart ; (v) in subparagraph (D), by striking such as Head Start, Even Start, Early Reading First or State-run preschool programs ; (vi) in subparagraph (E), by striking highly qualified and inserting effective ; (vii) in subparagraph (F)— (I) by striking in accordance with subsection (e)(3) and section 1119, ; (II) by striking part and inserting subpart ; and (III) by striking pupil services personnel and inserting specialized instructional support personnel ; and (viii) in subparagraph (H), by striking vocational and inserting career ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking proficient and advanced levels of achievement and inserting academic standards ; (ii) in subparagraph (A), by striking part and inserting subpart ; and (iii) in subparagraph (B), by striking challenging student academic achievement and inserting academic ; (4) in subsection (d), in the matter preceding paragraph (1), by striking part each place it appears and inserting subpart ; (5) in subsection (e)— (A) in paragraph (2)(B)— (i) in the matter preceding clause (i), by striking part and inserting subpart ; and (ii) in clause (iii), by striking pupil services and inserting specialized instructional support services ; and (B) by striking paragraph (3); and (6) by adding at the end the following new subsection: (f) Delivery of services The elements of a targeted assistance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement. . 117. Academic assessment and local educational agency and school improvement; school support and recognition The Act is amended by repealing sections 1116 and 1117 ( 20 U.S.C. 6316 ; 6317). 118. Parental involvement Section 1118 ( 20 U.S.C. 6318 ) is amended— (1) by striking part each place such term appears and inserting subpart ; (2) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking , and and all that follows through 1116 ; and (ii) in subparagraph (D), by striking , such as and all that follows through preschool programs ; and (B) in paragraph (3)(A), by striking subpart 2 of this part each place it appears and inserting chapter B of this subpart ; (3) by amending subsection (c)(4)(B) to read as follows: (B) a description and explanation of the curriculum in use at the school and the forms of academic assessment used to measure student progress; and ; (4) in subsection (d)(1), by striking student academic achievement and inserting academic ; (5) in subsection (e)— (A) in paragraph (1), by striking State’s academic content standards and State student academic achievement standards and inserting State’s academic standards ; (B) in paragraph (3)— (i) by striking pupil services personnel, and inserting specialized instructional support personnel, ; and (ii) by striking principals, and inserting school leaders, ; and (C) in paragraph (4), by striking Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool and other and inserting other Federal, State, and local ; and (6) by amending subsection (g) to read as follows: (g) Family engagement in education programs In a State operating a program under subpart 3 of part A of title III, each local educational agency or school that receives assistance under this subpart shall inform such parents and organizations of the existence of such programs. . 119. Qualifications for paraprofessionals Section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ) is amended— (1) by striking subsections (a), (b), (d), (i), (j), (k), and (l); (2) by redesignating subsection (c) as subsection (a); (3) by redesignating subsections (e) through (h) as subsections (b) through (e), respectively; (4) in subsection (a), as redesignated by paragraph (2), by striking hired after the date of enactment of the No Child Left Behind Act of 2001 and ; (5) in subsection (b), as redesignated by paragraph (3), by striking Subsections (c) and (d) and inserting Subsection (a) ; and (6) in the section heading, by striking teachers and . 120. Participation of children enrolled in private schools Section 1120 ( 20 U.S.C. 6320 ) is amended to read as follows: 1120. Participation of children enrolled in private schools (a) General requirement (1) In general To the extent consistent with the number of eligible children identified under section 1115(b) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall— (A) after timely and meaningful consultation with appropriate private school officials or representatives, provide such service, on an equitable basis and individually or in combination, as requested by the officials or representatives to best meet the needs of such children, special educational services, instructional services (including evaluations to determine students’ progress in their academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this subpart (such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and (B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to this subpart. (2) Secular, neutral, nonideological Such educational services or other benefits, including materials and equipment, shall be secular, neutral, and nonideological. (3) Equity (A) In general Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this subpart, and shall be provided in a timely manner. (B) Ombudsman To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this subpart. (4) Expenditures (A) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the expenditures for participating public school children, taking into account the number, and educational needs, of the children to be served. The share of funds shall be determined based on the total allocation received by the local educational agency prior to any allowable expenditures authorized under this title. (B) Obligation of funds Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall— (i) be obligated in the fiscal year for which the funds are received by the agency; and (ii) with respect to any such funds that cannot be so obligated, be used to serve such children in the following fiscal year. (C) Notice of allocation Each State educational agency shall— (i) determine, in a timely manner, the proportion of funds to be allocated to each local educational agency in the State for educational services and other benefits under this subpart to eligible private school children; and (ii) provide notice, simultaneously, to each such local educational agency and the appropriate private school officials or their representatives in the State of such allocation of funds. (5) Provision of services The local educational agency or, in a case described in subsection (b)(6)(C), the State educational agency involved, may provide services under this section directly or through contracts with public or private agencies, organizations, and institutions. (b) Consultation (1) In general To ensure timely and meaningful consultation, a local educational agency shall consult with appropriate private school officials or representatives during the design and development of such agency’s programs under this subpart in order to reach an agreement between the agency and the officials or representatives about equitable and effective programs for eligible private school children, the results of which shall be transmitted to the designated ombudsmen under section 1120(a)(3)(B). Such process shall include consultation on issues such as— (A) how the children’s needs will be identified; (B) what services will be offered; (C) how, where, and by whom the services will be provided; (D) how the services will be academically assessed and how the results of that 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, and the proportion of funds that is allocated under subsection (a)(4)(A) for such services, how that proportion of funds is determined under such subsection, and an itemization of the costs of the services to be provided; (F) the method or sources of data that are used under subsection (c) and section 1113(c)(1) to determine the number of children from low-income families in participating school attendance areas who attend private schools; (G) how and when the agency will make decisions about the delivery of services to such children, including a thorough consideration and analysis of the views of the private school officials or representatives on the provision of services through a contract with potential third-party providers; (H) how, if the agency disagrees with the views of the private school officials or representatives on the provision of services through a contract, the local educational agency will provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to use a contractor; (I) whether the agency will provide services under this section directly or through contracts with public and private agencies, organizations, and institutions; (J) whether to provide equitable services to eligible private school children— (i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4) based on all the children from low-income families who attend private schools in a participating school attendance area of the agency from which the local educational agency will provide such services to all such children; or (ii) by providing such services to eligible children in each private school in the 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; (K) at what time and where services will be provided; and (L) whether to consolidate and use funds under this subpart to provide schoolwide programs for a private school. (2) Disagreement If a local educational agency disagrees with the views of private school officials or representatives with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials an analysis of the reasons why the local educational agency has chosen not to adopt the course of action requested by such officials. (3) Timing Such consultation shall include meetings of agency and private school officials or representatives and shall occur before the local educational agency makes any decision that affects the opportunities of eligible private school children to participate in programs under this subpart. Such meetings shall continue throughout implementation and assessment of services provided under this section. (4) Discussion Such consultation shall include a discussion of service delivery mechanisms a local educational agency can use to provide equitable services to eligible private school children. (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 representatives 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 representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials or representatives 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 A private school official shall have the right to file a complaint with the State educational agency that the local educational agency did not engage in consultation that was meaningful and timely, did not give due consideration to the views of the private school official, or did not treat the private school or its students equitably as required by this section. (B) Procedure If the private school official wishes to file a complaint, the official shall provide the basis of the noncompliance with this section by the local educational agency to the State educational agency, and the local educational agency shall forward the appropriate documentation to the State educational agency. (C) State educational agencies A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, and institutions, if— (i) the appropriate private school officials or their representatives have— (I) requested that the State educational agency provide such services directly; and (II) demonstrated that the local educational 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 private elementary schools or secondary schools in a participating school attendance area of the agency that are not being served by the agency’s program under this section; or (II) 90 percent of the eligible private school students in a participating school attendance area of the agency are not being served by the agency’s program under this section. (c) Allocation for equitable service to private school students (1) Calculation A local educational agency shall have the final authority, consistent with this section, to calculate the number of children, ages 5 through 17, who are from low-income families and attend private schools by— (A) using the same measure of low income used to count public school children; (B) using the results of a survey that, to the extent possible, protects the identity of families of private school students, and allowing such survey results to be extrapolated if complete actual data are unavailable; (C) applying the low-income percentage of each participating public school attendance area, determined pursuant to this section, to the number of private school children who reside in that school attendance area; or (D) using an equated measure of low income correlated with the measure of low income used to count public school children. (2) Complaint process Any dispute regarding low-income data for private school students shall be subject to the complaint process authorized in section 6503. (d) Public control of funds (1) In general The control of funds provided under this subpart, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a public agency shall administer such funds, materials, equipment, and property. (2) Provision of services (A) Provider The provision of services under this section shall be provided— (i) by employees of a public agency; or (ii) through a contract by such public agency with an individual, association, agency, or organization. (B) Requirement In the provision of such services, such employee, individual, association, agency, or organization shall be independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency. (e) Standards for a bypass If a local educational agency is prohibited by law from providing for the participation in programs on an equitable basis of eligible children enrolled in private elementary schools and secondary schools, or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for such participation, as required by this section, the Secretary shall— (1) waive the requirements of this section for such local educational agency; (2) arrange for the provision of services to such children through arrangements that shall be subject to the requirements of this section and sections 6503 and 6504; and (3) in making the determination under this subsection, consider one or more factors, including the quality, size, scope, and location of the program and the opportunity of eligible children to participate. . 121. Fiscal requirements Section 1120A ( 20 U.S.C. 6321 ) is amended— (1) by striking part each place it appears and inserting subpart ; and (2) by striking subsection (a) and redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively. 122. Coordination requirements Section 1120B ( 20 U.S.C. 6322 ) is amended— (1) by striking part each place it appears and inserting subpart ; (2) in subsection (a)— (A) by striking such as the Early Reading First program ; and (B) by adding at the end the following new sentence: Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities. ; and (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking , such as the Early Reading First program, ; (B) in paragraphs (1) through (3), by striking such as the Early Reading First program each place it appears; (C) in paragraph (4), by striking Early Reading First program staff, ; and (D) in paragraph (5), by striking and entities carrying out Early Reading First programs . 123. Grants for the outlying areas and the Secretary of the Interior Section 1121 ( 20 U.S.C. 6331 ) is amended— (1) in subsection (a), by striking appropriated for payments to States for any fiscal year under section 1002(a) and 1125A(f) and inserting reserved for this chapter under section 1122(a) ; (2) in subsection (b)— (A) in paragraph (2), by striking the No Child Left Behind Act of 2001 and inserting the Student Success Act ; and (B) in paragraph (3)— (i) in subparagraph (B), by striking basis, and all that follows through the period at the end and inserting basis. ; (ii) in subparagraph (C)(ii), by striking challenging State academic content standards and inserting State academic standards ; and (iii) by striking subparagraph (D); and (3) in subsection (d)(2), by striking part and inserting subpart . 124. Allocations to States Section 1122 ( 20 U.S.C. 6332 ) is amended— (1) by amending subsection (a) to read as follows: (a) Reservation (1) In general From the amounts appropriated under section 3(a)(1), the Secretary shall reserve 91.44 percent of such amounts to carry out this chapter. (2) Allocation formula Of the amount reserved under paragraph (1) for each of fiscal years 2016 to 2019 (referred to in this subsection as the current fiscal year)— (A) an amount equal to the amount made available to carry out section 1124 for fiscal year 2001 shall be used to carry out section 1124; (B) an amount equal to the amount made available to carry out section 1124A for fiscal year 2001 shall be used to carry out section 1124A; and (C) an amount equal to 100 percent of the amount, if any, by which the total amount made available to carry out this chapter for the fiscal year for which the determination is made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such amount shall be divided equally between sections 1125 and 1125A. ; (2) in subsection (b)(1), by striking subpart and inserting chapter ; (3) in subsection (c)(3), by striking part and inserting subpart ; and (4) in subsection (d)(1), by striking subpart and inserting chapter . 125. Basic grants to local educational agencies Section 1124 ( 20 U.S.C. 6333 ) is amended— (1) in subsection (a)— (A) in paragraph (3)— (i) in subparagraph (B), by striking subpart and inserting chapter ; and (ii) in subparagraph (C)(i), by striking subpart and inserting chapter ; and (B) in paragraph (4)(C), by striking subpart each place it appears and inserting chapter ; and (2) in subsection (c)— (A) in paragraph (1)(B), by striking subpart 1 of part D and inserting chapter A of subpart 3 ; and (B) in paragraph (2), by striking part and inserting subpart . 126. Targeted grants to local educational agencies Section 1125 ( 20 U.S.C. 6335 ) is amended— (1) in subsection (c)(2)— (A) in subparagraph (B)— (i) in clause (i), by striking 15.58 and inserting 15.59 ; (ii) in clause (ii)— (I) by striking 15.58 and inserting 15.59 ; and (II) by striking 22.11 and inserting 22.12 ; (iii) in clause (iii)— (I) by striking 22.11 and inserting 22.12 ; and (II) by striking 30.16 and inserting 30.17 ; (iv) in clause (iv)— (I) by striking 30.16 and inserting 30.17 ; and (II) by striking 38.24 and inserting 38.25 ; and (v) in clause (v), by striking 38.24 and inserting 38.25 ; (B) in subparagraph (C)— (i) in clause (i), by striking 691 and inserting 692 ; (ii) in clause (ii)— (I) by striking 692 and inserting 693 ; and (II) by striking 2,262 and inserting 2,263 ; (iii) in clause (iii)— (I) by striking 2,263 and inserting 2,264 ; and (II) by striking 7,851 and inserting 7,852 ; (iv) in clause (iv)— (I) by striking 7,852 and inserting 7,853 ; and (II) by striking 35,514 and inserting 35,515 ; and (v) in clause (v), by striking 35,514 and inserting 35,515 ; and (2) by adding at the end the following: (f) Application (1) In General The percentage and number ranges described in subparagraphs (B) and (C) of subsection (c)(2) shall be applied with respect to fiscal years 2016, 2017, 2018, 2019, 2020, and 2021 as such percentages and numbers were in effect on the day before the date of the enactment of the Student Success Act. (2) Secretary’s Certification For fiscal year 2022 and each subsequent fiscal year, the percentage and number ranges described in subparagraphs (B) and (C) of subsection (c)(2) shall be applied as such percentages and numbers were in effect on the day before the date of the enactment of the Student Success Act unless the Secretary certifies that amendments made to such percentages and numbers by the Student Success Act will not result in harm to any school district. . 127. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001 Section 1125AA ( 20 U.S.C. 6336 ) is amended to read as follows: 1125AA. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001 (a) Limitation of allocation Pursuant to section 1122, the total amount allocated in any fiscal year after fiscal year 2001 for programs and activities under this subpart shall not exceed the amount allocated in fiscal year 2001 for such programs and activities unless the amount available for targeted grants to local educational agencies under section 1125 in the applicable fiscal year meets the requirements of section 1122(a). (b) Findings Congress makes the following findings: (1) The formulas for distributing Targeted and Education Finance Incentive grants use two weighting systems, one based on the percentage of the aged 5-17 population in a local educational agency that is eligible to receive funds under this title (percentage weighting), and another based on the absolute number of such students (number weighting). Whichever of these weighting systems results in the highest total weighted formula student count for a local educational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incentive Grant funds. (2) The Congressional Research Service has said the number weighting alternative is generally more favorable to large local educational agencies with much larger counts of eligible children, but not necessarily higher concentrations, weighted at the highest point in the scale than smaller local educational agencies with smaller counts, but higher concentrations, of eligible children. (3) The current percentage and number weighting scales are based on the most current data available in 2001 on the distribution of eligible children across local educational agencies. (4) Prior to the date of the enactment of the Student Success Act, Congress expects updated data to be available, which will provide Congress an opportunity to update these scales based on such data. (5) When these scales are updated, Congress has a further obligation to evaluate the use of percentage and number weighting to ensure the most equitable distribution of Targeted and Education Finance Incentive Grant funds to local educational agencies. . 128. Education finance incentive grant program Section 1125A ( 20 U.S.C. 6337 ) is amended— (1) by striking part each place it appears and inserting subpart ; (2) in subsection (b)(1)— (A) in subparagraph (A), by striking appropriated pursuant to subsection (f) and inserting made available for any fiscal year to carry out this section ; and (B) in subparagraph (B)(i), by striking total appropriations and inserting the total amount reserved under section 1122(a) to carry out this section ; (3) by striking subsections (a), (e), and (f) and redesignating subsections (b), (c), (d), and (g) as subsections (a), (b), (c), and (d), respectively; (4) in subsection (b), as so redesignated, by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (5) in subsection (c), as so redesignated— (A) in paragraph (1)(B)— (i) in clause (ii)— (I) in subclause (I), by striking 15.58 and inserting 15.59 ; (II) in subclause (II)— (aa) by striking “15.58” and inserting “15.59”; and (bb) by striking “22.11” and inserting “22.12”; (III) in subclause (III)— (aa) by striking “22.11” and inserting “22.12”; and (bb) by striking “30.16” and inserting “30.17”; (IV) in subclause (IV)— (aa) by striking “30.16” and inserting “30.17”; and (bb) by striking “38.24” and inserting “38.25”; and (V) in subclause (V), by striking “38.24” and inserting “38.25”; and (ii) in clause (iii)— (I) in subclause (I), by striking “691” and inserting “692”; (II) in subclause (II)— (aa) by striking “692” and inserting “693”; and (bb) by striking “2,262” and inserting “2,263”; (III) in subclause (III)— (aa) by striking “2,263” and inserting “2,264”; and (bb) by striking “7,851” and inserting “7,852”; (IV) in subclause (IV)— (aa) by striking “7,852” and inserting “7,853”; and (bb) by striking “35,514” and inserting “35,515”; and (V) in subclause (V), by striking “35,514” and inserting “35,515”; (B) in paragraph (2)(B)— (i) in clause (ii)— (I) in subclause (I), by striking “15.58” and inserting “15.59”; (II) in subclause (II)— (aa) by striking “15.58” and inserting “15.59”; and (bb) by striking “22.11” and inserting “22.12”; (III) in subclause (III)— (aa) by striking “22.11” and inserting “22.12”; and (bb) by striking “30.16” and inserting “30.17”; (IV) in subclause (IV)— (aa) by striking “30.16” and inserting “30.17”; and (bb) by striking “38.24” and inserting “38.25”; and (V) in subclause (V), by striking “38.24” and inserting “38.25”; and (ii) in clause (iii)— (I) in subclause (I), by striking “691” and inserting “692”; (II) in subclause (II)— (aa) by striking “692” and inserting “693”; and (bb) by striking “2,262” and inserting “2,263”; (III) in subclause (III)— (aa) by striking “2,263” and inserting “2,264”; and (bb) by striking “7,851” and inserting “7,852”; (IV) in subclause (IV)— (aa) by striking “7,852” and inserting “7,853”; and (bb) by striking “35,514” and inserting “35,515”; and (V) in subclause (V), by striking “35,514” and inserting “35,515”; and (C) in paragraph (3)(B)— (i) in clause (ii)— (I) in subclause (I), by striking “15.58” and inserting “15.59”; (II) in subclause (II)— (aa) by striking “15.58” and inserting “15.59”; and (bb) by striking “22.11” and inserting “22.12”; (III) in subclause (III)— (aa) by striking “22.11” and inserting “22.12”; and (bb) by striking “30.16” and inserting “30.17”; (IV) in subclause (IV)— (aa) by striking “30.16” and inserting “30.17”; and (bb) by striking “38.24” and inserting “38.25”; and (V) in subclause (V), by striking “38.24” and inserting “38.25”; and (ii) in clause (iii)— (I) in subclause (I), by striking “691” and inserting “692”; (II) in subclause (II)— (aa) by striking “692” and inserting “693”; and (bb) by striking “2,262” and inserting “2,263”; (III) in subclause (III)— (aa) by striking “2,263” and inserting “2,264”; and (bb) by striking “7,851” and inserting “7,852”; (IV) in subclause (IV)— (aa) by striking “7,852” and inserting “7,853”; and (bb) by striking “35,514” and inserting “35,515”; and (V) in subclause (V), by striking “35,514” and inserting “35,515”; and (6) by adding at the end the following new subsection: (e) Application (1) In general The percentage and number ranges described in clauses (ii) and (iii) of paragraph (1)(B), clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii) and (iii) of paragraph (3)(B) shall be applied with respect to fiscal years 2016, 2017, 2018, 2019, 2020, and 2021 as such percentages and numbers were in effect on the day before the date of the enactment of the Student Success Act. (2) Secretary’s Certification For fiscal year 2022 and each subsequent fiscal year, the percentage and number ranges described in clauses (ii) and (iii) of paragraph (1)(B), clauses (ii) and (iii) of paragraph (2)(B), and clauses (ii) and (iii) of paragraph (3)(B) shall be applied as such percentages and numbers were in effect on the day before the date of the enactment of the Student Success Act unless the Secretary certifies that amendments made to such percentages and numbers by the Student Success Act will not result in harm to any school district. . 129. Carryover and waiver Section 1127 ( 20 U.S.C. 6339 ) is amended by striking subpart each place it appears and inserting chapter . 130. Title I portability Chapter B of subpart 1 of part A of title I ( 20 U.S.C. 6331 et seq. ) is amended by adding at the end the following new section: 1128. Title I funds follow the low-income child State option (a) In general Notwithstanding any other provision of law and to the extent permitted under State law, a State educational agency may allocate grant funds under this chapter among the local educational agencies in the State based on the number of eligible children enrolled in the public schools served by each local educational agency. (b) Eligible child (1) Definition In this section, the term eligible child means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. (2) Criteria of poverty In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. (c) Student enrollment in public schools (1) Identification of eligible children On an annual basis, on a date to be determined by the State educational agency, each local educational agency that receives grant funding in accordance with subsection (a) shall inform the State educational agency of the number of eligible children enrolled in public schools served by the local educational agency. (2) Allocation to local educational agencies Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the sum of the amount available for each eligible child in the State multiplied by the number of eligible children identified by the local educational agency under paragraph (1). (3) Distribution to schools Each local educational agency that receives funds under paragraph (2) shall distribute such funds to the public schools served by the local educational agency— (A) based on the number of eligible children enrolled in such schools; and (B) in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of pupils participating in programs under this subpart, and not to supplant such funds. . C Additional Aid to States and School Districts 131. Additional aid (a) In general Title I ( 20 U.S.C. 6301 et seq. ), as amended by the preceding provisions of this Act, is further amended— (1) by striking parts B through D and F through H; and (2) by inserting after subpart 1 of part A the following: 2 Education of Migratory Children 1131. Program purposes The purposes of this subpart are as follows: (1) To assist States in supporting high-quality and comprehensive educational programs and services during the school year, and as applicable, during summer or intercession periods, that address the unique educational needs of migratory children. (2) To ensure that migratory children who move among the States, not be penalized in any manner by disparities among the States in curriculum, graduation requirements, and State academic standards. (3) To help such children succeed in school, meet the State academic standards that all children are expected to meet, and graduate from high school prepared for postsecondary education and the workforce without the need for remediation. (4) To help such children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school. (5) To help such children benefit from State and local systemic reforms. 1132. Program authorized (a) In General From the amounts appropriated under section 3(a)(1), the Secretary shall reserve 2.45 percent to carry out this subpart. (b) Grants awarded From the amounts reserved under subsection (a) and not reserved under section 1138(c), the Secretary shall make allotments for the fiscal year to State educational agencies, or consortia of such agencies, to establish or improve, directly or through local operating agencies, programs of education for migratory children in accordance with this subpart. 1133. State allocations (a) State allocations Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this subpart an amount equal to the product of— (1) the sum of— (A) the average number of identified eligible full-time equivalent migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this subpart in summer or intersession programs provided by the State during the previous year; multiplied by (2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. (b) Hold harmless Notwithstanding subsection (a), for each of fiscal years 2016 through 2018, no State shall receive less than 90 percent of the State’s allocation under this section for the previous year. (c) Allocation to Puerto Rico For each fiscal year, the grant which the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of— (1) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, except that the percentage calculated under this subparagraph shall not be less than 85 percent; and (2) 32 percent of the average per-pupil expenditure in the United States. (d) Ratable reductions; reallocations (1) In general (A) Ratable Reductions If, after the Secretary reserves funds under section 1138(c), the amount appropriated to carry out this subpart for any fiscal year is insufficient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount. (B) Reallocation If additional funds become available for making such payments for any fiscal year, the Secretary shall allocate such funds to States in amounts that the Secretary determines will best carry out the purpose of this subpart. (2) Special rule (A) Further reductions The Secretary shall further reduce the amount of any grant to a State under this subpart for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under section 1134. (B) Reallocation The Secretary shall reallocate such excess funds to other States whose grants under this subpart would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are appropriate. (e) Consortium arrangements (1) In general In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner. (2) Proposals Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval. (3) Approval The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— (A) reduce administrative costs or program function costs for State programs; and (B) make more funds available for direct services to add substantially to the educational achievement of children to be served under this subpart. (f) Determining numbers of eligible children In order to determine the identified number of migratory children residing in each State for purposes of this section, the Secretary shall— (1) use the most recent information that most accurately reflects the actual number of migratory children; (2) develop and implement a procedure for monitoring the accuracy of such information; (3) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs; (4) adjust the full-time equivalent number of migratory children who reside in each State to take into account— (A) the unique needs of those children participating in evidence-based or other effective special programs provided under this subpart that operate during the summer and intersession periods; and (B) the additional costs of operating such programs; and (5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most at-risk migratory children. (g) Nonparticipating states In the case of a State desiring to receive an allocation under this subpart for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection. 1134. State applications; services (a) Application required Any State desiring to receive a grant under this subpart for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (b) Program information Each such application shall include— (1) a description of how, in planning, implementing, and evaluating programs and projects assisted under this subpart, the State and its local operating agencies will ensure that the unique educational needs of migratory children, including preschool migratory children, are identified and addressed through— (A) the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; (B) joint planning among local, State, and Federal educational programs serving migratory children, including language instruction educational programs under chapter A of subpart 4; and (C) the integration of services available under this subpart with services provided by those other programs; (2) a description of the steps the State is taking to provide all migratory students with the opportunity to meet the same State academic standards that all children are expected to meet; (3) a description of how the State will use funds received under this subpart to promote interstate and intrastate coordination of services for migratory children, including how the State will provide for educational continuity through the timely transfer of pertinent school records, including information on health, when children move from one school to another, whether or not such a move occurs during the regular school year; (4) a description of the State’s priorities for the use of funds received under this subpart, and how such priorities relate to the State’s assessment of needs for services in the State; (5) a description of how the State will determine the amount of any subgrants the State will award to local operating agencies, taking into account the numbers and needs of migratory children, the requirements of subsection (d), and the availability of funds from other Federal, State, and local programs; and (6) a description of how the State will encourage programs and projects assisted under this subpart to offer family literacy services if the programs and projects serve a substantial number of migratory children whose parents do not have a regular high school diploma or its recognized equivalent or who have low levels of literacy. (c) Assurances Each such application shall also include assurances that— (1) funds received under this subpart will be used only— (A) for programs and projects, including the acquisition of equipment, in accordance with section 1136; and (B) to coordinate such programs and projects with similar programs and projects within the State and in other States, as well as with other Federal programs that can benefit migratory children and their families; (2) such programs and projects will be carried out in a manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, subsections (b) and (c) of section 1120A, and part C; (3) in the planning and operation of programs and projects at both the State and local agency operating level, there is consultation with parents of migratory children for programs of not less than one school year in duration, and that all such programs and projects are carried out— (A) in a manner that provides for the same parental involvement as is required for programs and projects under section 1118, unless extraordinary circumstances make such provision impractical; and (B) in a format and language understandable to the parents; (4) in planning and carrying out such programs and projects, there has been, and will be, adequate provision for addressing the unmet education needs of preschool migratory children; (5) the effectiveness of such programs and projects will be determined, where feasible, using the same approaches and standards that will be used to assess the performance of students, schools, and local educational agencies under subpart 1; (6) to the extent feasible, such programs and projects will provide for— (A) advocacy and outreach activities for migratory children and their families, including informing such children and families of, or helping such children and families gain access to, other education, health, nutrition, and social services; (B) professional development programs, including mentoring, for teachers and other program personnel; (C) high-quality, evidence-based family literacy programs; (D) the integration of information technology into educational and related programs; and (E) programs to facilitate the transition of secondary school students to postsecondary education or employment without the need for remediation; and (7) the State will assist the Secretary in determining the number of migratory children under paragraph (1) of section 1133(a). (d) Priority for services In providing services with funds received under this subpart, each recipient of such funds shall give priority to migratory children who are failing, or most at risk of failing, to meet the State’s academic standards under section 1111(b)(1). (e) Continuation of services Notwithstanding any other provision of this subpart— (1) a child who ceases to be a migratory child during a school term shall be eligible for services until the end of such term; (2) a child who is no longer a migratory child may continue to receive services for one additional school year, but only if comparable services are not available through other programs; and (3) secondary school students who were eligible for services in secondary school may continue to be served through credit accrual programs until graduation. 1135. Secretarial approval; peer review The Secretary shall approve each State application that meets the requirements of this subpart, and may review any such application using a peer review process. 1136. Comprehensive needs assessment and service-delivery plan; authorized activities (a) Comprehensive plan (1) In general Each State that receives assistance under this subpart shall ensure that the State and its local operating agencies identify and address the unique educational needs of migratory children in accordance with a comprehensive State plan that— (A) is integrated with other programs under this Act or other Acts, as appropriate; (B) may be submitted as a part of a consolidated application under section 6302, if— (i) the unique needs of migratory children are specifically addressed in the comprehensive State plan; (ii) the comprehensive State plan is developed in collaboration with parents of migratory children; and (iii) the comprehensive State plan is not used to supplant State efforts regarding, or administrative funding for, this subpart; (C) provides that migratory children will have an opportunity to meet the same State academic standards under section 1111(b)(1) that all children are expected to meet; (D) specifies measurable program goals and outcomes; (E) encompasses the full range of services that are available for migratory children from appropriate local, State, and Federal educational programs; (F) is the product of joint planning among such local, State, and Federal programs, including programs under subpart 1, early childhood programs, and language instruction educational programs under chapter A of subpart 4; and (G) provides for the integration of services available under this subpart with services provided by such other programs. (2) Duration of the plan Each such comprehensive State plan shall— (A) remain in effect for the duration of the State’s participation under this subpart; and (B) be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this subpart. (b) Authorized activities (1) Flexibility In implementing the comprehensive plan described in subsection (a), each State educational agency, where applicable through its local educational agencies, retains the flexibility to determine the activities to be provided with funds made available under this subpart, except that such funds first shall be used to meet the identified needs of migratory children that result from their migratory lifestyle, and to permit these children to participate effectively in school. (2) Unaddressed needs Funds provided under this subpart shall be used to address the needs of migratory children that are not addressed by services available from other Federal or non-Federal programs, except that migratory children who are eligible to receive services under subpart 1 may receive those services through funds provided under that subpart, or through funds under this subpart that remain after the agency addresses the needs described in paragraph (1). (3) Construction Nothing in this subpart shall be construed to prohibit a local educational agency from serving migratory children simultaneously with students with similar educational needs in the same educational settings, where appropriate. 1137. Bypass The Secretary may use all or part of any State’s allocation under this subpart to make arrangements with any public or private agency to carry out the purpose of this subpart in such State if the Secretary determines that— (1) the State is unable or unwilling to conduct educational programs for migratory children; (2) such arrangements would result in more efficient and economic administration of such programs; or (3) such arrangements would add substantially to the educational achievement of such children. 1138. Coordination of migratory education activities (a) Improvement of coordination (1) In general The Secretary, in consultation with the States, may make grants to, or enter into contracts with, State educational agencies, local educational agencies, institutions of higher education, and other public and private entities to improve the interstate and intrastate coordination among such agencies’ educational programs, including through the establishment or improvement of programs for credit accrual and exchange, available to migratory students. (2) Duration Grants or contracts under this subsection may be awarded for not more than 5 years. (b) Student records (1) Assistance The Secretary shall assist States in developing and maintaining an effective system for the electronic transfer of student records and in determining the number of migratory children in each State. (2) Information system (A) In general The Secretary, in consultation with the States, shall ensure the linkage of migratory student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students. The Secretary shall ensure such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of this Act. The Secretary shall determine the minimum data elements that each State receiving funds under this subpart shall collect and maintain. Such minimum data elements may include— (i) immunization records and other health information; (ii) elementary and secondary academic history (including partial credit), credit accrual, and results from State assessments required under section 1111(b)(2); (iii) other academic information essential to ensuring that migratory children achieve to the States’s academic standards; and (iv) eligibility for services under the Individuals with Disabilities Education Act. (B) The Secretary shall consult with States before updating the data elements that each State receiving funds under this subpart shall be required to collect for purposes of electronic transfer of migratory student information and the requirements that States shall meet for immediate electronic access to such information. (3) No cost for certain transfers A State educational agency or local educational agency receiving assistance under this subpart shall make student records available to another State educational agency or local educational agency that requests the records at no cost to the requesting agency, if the request is made in order to meet the needs of a migratory child. (4) Report to congress (A) In general Not later than April 30, 2016, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives the Secretary’s findings and recommendations regarding the maintenance and transfer of health and educational information for migratory students by the States. (B) Required contents The Secretary shall include in such report— (i) a review of the progress of States in developing and linking electronic records transfer systems; (ii) recommendations for maintaining such systems; and (iii) recommendations for improving the continuity of services provided for migratory students. (c) Availability of funds The Secretary shall reserve not more than $10,000,000 of the amount reserved under section 1132 to carry out this section for each fiscal year. (d) Data collection The Secretary shall direct the National Center for Education Statistics to collect data on migratory children. 1139. Definitions As used in this subpart: (1) Local operating agency The term local operating agency means— (A) a local educational agency to which a State educational agency makes a subgrant under this subpart; (B) a public or private agency with which a State educational agency or the Secretary makes an arrangement to carry out a project under this subpart; or (C) a State educational agency, if the State educational agency operates the State’s migratory education program or projects directly. (2) Migratory child The term migratory child means a child who is, or whose parent or spouse is, a migratory agricultural worker, including a migratory dairy worker, or a migratory fisher, and who, in the preceding 36 months, in order to obtain, or accompany such parent or spouse, in order to obtain, temporary or seasonal employment in agricultural or fishing work— (A) has moved from one school district to another; (B) in a State that is comprised of a single school district, has moved from one administrative area to another within such district; or (C) resides in a school district of more than 15,000 square miles, and migrates a distance of 20 miles or more to a temporary residence to engage in a fishing activity. 3 Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk 1141. Purpose and program authorization (a) Purpose It is the purpose of this subpart— (1) to improve educational services for children and youth in local and State institutions for neglected or delinquent children and youth so that such children and youth have the opportunity to meet the same State academic standards that all children in the State are expected to meet; (2) to provide such children and youth with the services needed to make a successful transition from institutionalization to further schooling or employment; and (3) to prevent at-risk youth from dropping out of school, and to provide dropouts, and children and youth returning from correctional facilities or institutions for neglected or delinquent children and youth, with a support system to ensure their continued education. (b) Program authorized From amounts appropriated under section 3(a)(1), the Secretary shall reserve 0.31 of one percent to carry out this subpart. (c) Grants awarded From the amounts reserved under subsection (b) and not reserved under section 1004 and section 1159, the Secretary shall make grants to State educational agencies that have plans submitted under section 1154 approved to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs of education for neglected, delinquent, or at-risk children and youth. 1142. Payments for programs under this subpart (a) Agency subgrants Based on the allocation amount computed under section 1152, the Secretary shall allocate to each State educational agency an amount necessary to make subgrants to State agencies under chapter A. (b) Local subgrants Each State shall retain, for the purpose of carrying out chapter B, funds generated throughout the State under subpart 1 of this part based on children and youth residing in local correctional facilities, or attending community day programs for delinquent children and youth. A State Agency Programs 1151. Eligibility A State agency is eligible for assistance under this chapter if such State agency is responsible for providing free public education for children and youth— (1) in institutions for neglected or delinquent children and youth; (2) attending community day programs for neglected or delinquent children and youth; or (3) in adult correctional institutions. 1152. Allocation of funds (a) Subgrants to state agencies (1) In general Each State agency described in section 1151 (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this chapter, for each fiscal year, in an amount equal to the product of— (A) the number of neglected or delinquent children and youth described in section 1151 who— (i) are enrolled for at least 15 hours per week in education programs in adult correctional institutions; and (ii) are enrolled for at least 20 hours per week— (I) in education programs in institutions for neglected or delinquent children and youth; or (II) in community day programs for neglected or delinquent children and youth; and (B) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this subparagraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. (2) Special rule The number of neglected or delinquent children and youth determined under paragraph (1) shall— (A) be determined by the State agency by a deadline set by the Secretary, except that no State agency shall be required to determine the number of such children and youth on a specific date set by the Secretary; and (B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual programs. (b) Subgrants to state agencies in Puerto Rico (1) In general For each fiscal year, the amount of the subgrant which a State agency in the Commonwealth of Puerto Rico shall be eligible to receive under this chapter shall be the amount determined by multiplying the number of children counted under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the product of— (A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and (B) 32 percent of the average per-pupil expenditure in the United States. (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. (c) Ratable reductions in case of insufficient Appropriations If the amount reserved for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full amount for which all State agencies are eligible under such subsections, the Secretary shall ratably reduce each such amount. 1153. State reallocation of funds If a State educational agency determines that a State agency does not need the full amount of the subgrant for which such State agency is eligible under this chapter for any fiscal year, the State educational agency may reallocate the amount that will not be needed to other eligible State agencies that need additional funds to carry out the purpose of this chapter, in such amounts as the State educational agency shall determine. 1154. State plan and State agency applications (a) State plan (1) In general Each State educational agency that desires to receive a grant under this chapter shall submit, for approval by the Secretary, a plan— (A) for meeting the educational needs of neglected, delinquent, and at-risk children and youth; (B) for assisting in the transition of children and youth from correctional facilities to locally operated programs; and (C) that is integrated with other programs under this Act or other Acts, as appropriate. (2) Contents Each such State plan shall— (A) describe how the State will assess the effectiveness of the program in improving the academic, career, and technical skills of children in the program; (B) provide that, to the extent feasible, such children will have the same opportunities to achieve as such children would have if such children were in the schools of local educational agencies in the State; (C) describe how the State will place a priority for such children to obtain a regular high school diploma, to the extent feasible; and (D) contain an assurance that the State educational agency will— (i) ensure that programs assisted under this chapter will be carried out in accordance with the State plan described in this subsection; (ii) carry out the evaluation requirements of section 1171; and (iii) ensure that the State agencies receiving subgrants under this chapter comply with all applicable statutory and regulatory requirements. (3) Duration of the plan Each such State plan shall— (A) remain in effect for the duration of the State’s participation under this chapter; and (B) be periodically reviewed and revised by the State, as necessary, to reflect changes in the State’s strategies and programs under this chapter. (b) Secretarial approval and peer review (1) Secretarial approval The Secretary shall approve each State plan that meets the requirements of this chapter. (2) Peer review The Secretary may review any State plan with the assistance and advice of individuals with relevant expertise. (c) State agency applications Any State agency that desires to receive funds to carry out a program under this chapter shall submit an application to the State educational agency that— (1) describes the procedures to be used, consistent with the State plan under section 1111, to assess the educational needs of the children to be served under this chapter; (2) provide an assurance that in making services available to children and youth in adult correctional institutions, priority will be given to such children and youth who are likely to complete incarceration within a 2-year period; (3) describes the program, including a budget for the first year of the program, with annual updates to be provided to the State educational agency; (4) describes how the program will meet the goals and objectives of the State plan; (5) describes how the State agency will consult with experts and provide the necessary training for appropriate staff, to ensure that the planning and operation of institution-wide projects under section 1156 are of high quality; (6) describes how the programs will be coordinated with other appropriate State and Federal programs, such as programs under title I of Public Law 105–220 , career and technical education programs, State and local dropout prevention programs, and special education programs; (7) describes how the State agency will encourage correctional facilities receiving funds under this chapter to coordinate with local educational agencies or alternative education programs attended by incarcerated children and youth prior to and after their incarceration to ensure that student assessments and appropriate academic records are shared jointly between the correctional facility and the local educational agency or alternative education program; (8) describes how appropriate professional development will be provided to teachers and other staff; (9) designates an individual in each affected correctional facility or institution for neglected or delinquent children and youth to be responsible for issues relating to the transition of such children and youth from such facility or institution to locally operated programs; (10) describes how the State agency will endeavor to coordinate with businesses for training and mentoring for participating children and youth; (11) provides an assurance that the State agency will assist in locating alternative programs through which students can continue their education if the students are not returning to school after leaving the correctional facility or institution for neglected or delinquent children and youth; (12) provides assurances that the State agency will work with parents to secure parents’ assistance in improving the educational achievement of their children and youth, and preventing their children’s and youth’s further involvement in delinquent activities; (13) provides an assurance that the State agency will work with children and youth with disabilities in order to meet an existing individualized education program and an assurance that the agency will notify the child’s or youth’s local school if the child or youth— (A) is identified as in need of special education services while the child or youth is in the correctional facility or institution for neglected or delinquent children and youth; and (B) intends to return to the local school; (14) provides an assurance that the State agency will work with children and youth who dropped out of school before entering the correctional facility or institution for neglected or delinquent children and youth to encourage the children and youth to reenter school and obtain a regular high school diploma once the term of the incarceration is completed, or provide the child or youth with the skills necessary to gain employment, continue the education of the child or youth, or obtain a regular high school diploma or its recognized equivalent if the child or youth does not intend to return to school; (15) provides an assurance that effective teachers and other qualified staff are trained to work with children and youth with disabilities and other students with special needs taking into consideration the unique needs of such students; (16) describes any additional services to be provided to children and youth, such as career counseling, distance education, and assistance in securing student loans and grants; and (17) provides an assurance that the program under this chapter will be coordinated with any programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ) or other comparable programs, if applicable. 1155. Use of funds (a) Uses (1) In general A State agency shall use funds received under this chapter only for programs and projects that— (A) are consistent with the State plan under section 1154(a); and (B) concentrate on providing participants with the knowledge and skills needed to make a successful transition to secondary school completion, career and technical education, further education, or employment without the need for remediation. (2) Programs and projects Such programs and projects— (A) may include the acquisition of equipment; (B) shall be designed to support educational services that— (i) except for institution-wide projects under section 1156, are provided to children and youth identified by the State agency as failing, or most at-risk of failing, to meet the State’s academic standards; (ii) supplement and improve the quality of the educational services provided to such children and youth by the State agency; and (iii) afford such children and youth an opportunity to meet State academic standards; and (C) shall be carried out in a manner consistent with section 1120A and part C (as applied to programs and projects under this chapter). (b) Supplement, not supplant A program under this chapter that supplements the number of hours of instruction students receive from State and local sources shall be considered to comply with the supplement, not supplant requirement of section 1120A (as applied to this chapter) without regard to the subject areas in which instruction is given during those hours. 1156. Institution-wide projects A State agency that provides free public education for children and youth in an institution for neglected or delinquent children and youth (other than an adult correctional institution) or attending a community day program for such children and youth may use funds received under this chapter to serve all children in, and upgrade the entire educational effort of, that institution or program if the State agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that— (1) provides for a comprehensive assessment of the educational needs of all children and youth in the institution or program serving juveniles; (2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities who are expected to complete incarceration within a 2-year period; (3) describes the steps the State agency has taken, or will take, to provide all children and youth under age 21 with the opportunity to meet State academic standards in order to improve the likelihood that the children and youth will complete secondary school, obtain a regular high school diploma or its recognized equivalent, or find employment after leaving the institution; (4) describes the instructional program, specialized instructional support services, and procedures that will be used to meet the needs described in paragraph (1), including, to the extent feasible, the provision of mentors for the children and youth described in paragraph (1); (5) specifically describes how such funds will be used; (6) describes the measures and procedures that will be used to assess and improve student achievement; (7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project in consultation with personnel providing direct instructional services and support services in institutions or community day programs for neglected or delinquent children and youth, and with personnel from the State educational agency; and (8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers and personnel to carry out the project effectively. 1157. Three-year programs or projects If a State agency operates a program or project under this chapter in which individual children or youth are likely to participate for more than one year, the State educational agency may approve the State agency’s application for a subgrant under this chapter for a period of not more than 3 years. 1158. Transition services (a) Transition services Each State agency shall reserve not less than 15 percent and not more than 30 percent of the amount such agency receives under this chapter for any fiscal year to support— (1) projects that facilitate the transition of children and youth from State-operated institutions to schools served by local educational agencies; or (2) the successful re-entry of youth offenders, who are age 20 or younger and have received a regular high school diploma or its recognized equivalent, into postsecondary education, or career and technical training programs, through strategies designed to expose the youth to, and prepare the youth for, postsecondary education, or career and technical training programs, such as— (A) preplacement programs that allow adjudicated or incarcerated youth to audit or attend courses on college, university, or community college campuses, or through programs provided in institutional settings; (B) worksite schools, in which institutions of higher education and private or public employers partner to create programs to help students make a successful transition to postsecondary education and employment; and (C) essential support services to ensure the success of the youth, such as— (i) personal, career and technical, and academic counseling; (ii) placement services designed to place the youth in a university, college, or junior college program; (iii) information concerning, and assistance in obtaining, available student financial aid; (iv) counseling services; and (v) job placement services. (b) Conduct of projects A project supported under this section may be conducted directly by the State agency, or through a contract or other arrangement with one or more local educational agencies, other public agencies, or private organizations. (c) Rule of construction Nothing in this section shall be construed to prohibit a school that receives funds under subsection (a) from serving neglected and delinquent children and youth simultaneously with students with similar educational needs, in the same educational settings where appropriate. 1159. Technical assistance The Secretary shall reserve not more than 1 percent of the amount reserved under section 1141 to provide technical assistance to and support State agency programs assisted under this chapter. B Local Agency Programs 1161. Purpose The purpose of this chapter is to support the operation of local educational agency programs that involve collaboration with locally operated correctional facilities— (1) to carry out high quality education programs to prepare children and youth for secondary school completion, training, employment, or further education; (2) to provide activities to facilitate the transition of such children and youth from the correctional program to further education or employment; and (3) to operate programs in local schools for children and youth returning from correctional facilities, and programs which may serve at-risk children and youth. 1162. Programs operated by local educational agencies (a) Local subgrants With funds made available under section 1142(b), the State educational agency shall award subgrants to local educational agencies with high numbers or percentages of children and youth residing in locally operated (including county operated) correctional facilities for children and youth (including facilities involved in community day programs). (b) Special rule A local educational agency that serves a school operated by a correctional facility is not required to operate a program of support for children and youth returning from such school to a school that is not operated by a correctional agency but served by such local educational agency, if more than 30 percent of the children and youth attending the school operated by the correctional facility will reside outside the boundaries served by the local educational agency after leaving such facility. (c) Notification A State educational agency shall notify local educational agencies within the State of the eligibility of such agencies to receive a subgrant under this chapter. (d) Transitional and academic services Transitional and supportive programs operated in local educational agencies under this chapter shall be designed primarily to meet the transitional and academic needs of students returning to local educational agencies or alternative education programs from correctional facilities. Services to students at-risk of dropping out of school shall not have a negative impact on meeting the transitional and academic needs of the students returning from correctional facilities. 1163. Local educational agency applications Each local educational agency desiring assistance under this chapter shall submit an application to the State educational agency that contains such information as the State educational agency may require. Each such application shall include— (1) a description of the program to be assisted; (2) a description of formal agreements, regarding the program to be assisted, between— (A) the local educational agency; and (B) correctional facilities and alternative school programs serving children and youth involved with the juvenile justice system; (3) as appropriate, a description of how participating schools will coordinate with facilities working with delinquent children and youth to ensure that such children and youth are participating in an education program comparable to one operating in the local school such youth would attend; (4) a description of the program operated by participating schools for children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth; (5) a description of the characteristics (including learning difficulties, substance abuse problems, and other needs) of the children and youth who will be returning from correctional facilities and, as appropriate, other at-risk children and youth expected to be served by the program, and a description of how the school will coordinate existing educational programs to meet the unique educational needs of such children and youth; (6) as appropriate, a description of how schools will coordinate with existing social, health, and other services to meet the needs of students returning from correctional facilities and at-risk children or youth, including prenatal health care and nutrition services related to the health of the parent and the child or youth, parenting and child development classes, child care, targeted reentry and outreach programs, referrals to community resources, and scheduling flexibility; (7) as appropriate, a description of any partnerships with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring services for participating students; (8) as appropriate, a description of how the program will involve parents in efforts to improve the educational achievement of their children, assist in dropout prevention activities, and prevent the involvement of their children in delinquent activities; (9) a description of how the program under this chapter will be coordinated with other Federal, State, and local programs, such as programs under title I of Public Law 105–220 and career and technical education programs serving at-risk children and youth; (10) a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable; (11) as appropriate, a description of how schools will work with probation officers to assist in meeting the needs of children and youth returning from correctional facilities; (12) a description of the efforts participating schools will make to ensure correctional facilities working with children and youth are aware of a child’s or youth’s existing individualized education program; and (13) as appropriate, a description of the steps participating schools will take to find alternative placements for children and youth interested in continuing their education but unable to participate in a traditional public school program. 1164. Uses of funds (a) In General Funds provided to local educational agencies under this chapter may be used, as appropriate, for— (1) programs that serve children and youth returning to local schools from correctional facilities, to assist in the transition of such children and youth to the school environment and help them remain in school in order to complete their education; (2) dropout prevention programs which serve at-risk children and youth; (3) the coordination of health and social services for such individuals if there is a likelihood that the provision of such services, including day care, drug and alcohol counseling, and mental health services, will improve the likelihood such individuals will complete their education; (4) special programs to meet the unique academic needs of participating children and youth, including career and technical education, special education, career counseling, curriculum-based youth entrepreneurship education, and assistance in securing student loans or grants for postsecondary education; and (5) programs providing mentoring and peer mediation. (b) Contracts and grants A local educational agency may use a grant received under this chapter to carry out the activities described under paragraphs (1) through (5) of subsection (a) directly or through grants, contracts, or cooperative agreements. 1165. Program requirements for correctional facilities receiving funds under this section Each correctional facility entering into an agreement with a local educational agency under section 1163(2) to provide services to children and youth under this chapter shall— (1) where feasible, ensure that educational programs in the correctional facility are coordinated with the student’s home school, particularly with respect to a student with an individualized education program under part B of the Individuals with Disabilities Education Act; (2) if the child or youth is identified as in need of special education services while in the correctional facility, notify the local school of the child or youth of such need; (3) where feasible, provide transition assistance to help the child or youth stay in school, including coordination of services for the family, counseling, assistance in accessing drug and alcohol abuse prevention programs, tutoring, and family counseling; (4) provide support programs that encourage children and youth who have dropped out of school to re-enter school and obtain a regular high school diploma once their term at the correctional facility has been completed, or provide such children and youth with the skills necessary to gain employment or seek a regular high school diploma or its recognized equivalent; (5) work to ensure that the correctional facility is staffed with effective teachers and other qualified staff who are trained to work with children and youth with disabilities taking into consideration the unique needs of such children and youth; (6) ensure that educational programs in the correctional facility are related to assisting students to meet the States’s academic standards; (7) to the extent possible, use technology to assist in coordinating educational programs between the correctional facility and the community school; (8) where feasible, involve parents in efforts to improve the educational achievement of their children and prevent the further involvement of such children in delinquent activities; (9) coordinate funds received under this chapter with other local, State, and Federal funds available to provide services to participating children and youth, such as funds made available under title I of Public Law 105–220 , and career and technical education funds; (10) coordinate programs operated under this chapter with activities funded under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs, if applicable; (11) if appropriate, work with local businesses to develop training, curriculum-based youth entrepreneurship education, and mentoring programs for children and youth; and (12) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. 1166. Accountability The State educational agency— (1) may require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after receiving assistance under this chapter for 3 years, that there has been an increase in the number of children and youth returning to school, obtaining a regular high school diploma or its recognized equivalent, or obtaining employment after such children and youth are released; and (2) may reduce or terminate funding for projects under this chapter if a local educational agency does not show progress in the number of children and youth obtaining a regular high school diploma or its recognized equivalent. C General Provisions 1171. Program evaluations (a) Scope of evaluation Each State agency or local educational agency that conducts a program under chapter A or B shall evaluate the program, disaggregating data on participation by gender, race, ethnicity, and age, while protecting individual student privacy, not less than once every 3 years, to determine the program’s impact on the ability of participants— (1) to maintain and improve educational achievement; (2) to accrue school credits that meet State requirements for grade promotion and high school graduation; (3) to make the transition to a regular program or other education program operated by a local educational agency; (4) to complete high school (or high school equivalency requirements) and obtain employment after leaving the correctional facility or institution for neglected or delinquent children and youth; and (5) as appropriate, to participate in postsecondary education and job training programs. (b) Exception The disaggregation required under subsection (a) shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (c) Evaluation measures In conducting each evaluation under subsection (a), a State agency or local educational agency shall use multiple and appropriate measures of student progress. (d) Evaluation results Each State agency and local educational agency shall— (1) submit evaluation results to the State educational agency and the Secretary; and (2) use the results of evaluations under this section to plan and improve subsequent programs for participating children and youth. 1172. Definitions In this subpart: (1) Adult correctional institution The term adult correctional institution means a facility in which persons (including persons under 21 years of age) are confined as a result of a conviction for a criminal offense. (2) At-risk The term at-risk , when used with respect to a child, youth, or student, means a school-aged individual who— (A) is at-risk of academic failure; and (B) has a drug or alcohol problem, is pregnant or is a parent, has come into contact with the juvenile justice system in the past, is at least 1 year behind the expected grade level for the age of the individual, is an English learner, is a gang member, has dropped out of school in the past, or has a high absenteeism rate at school. (3) Community day program The term community day program means a regular program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent children and youth. (4) Institution for neglected or delinquent children and youth The term institution for neglected or delinquent children and youth means— (A) a public or private residential facility, other than a foster home, that is operated for the care of children who have been committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect, or death of their parents or guardians; or (B) a public or private residential facility for the care of children who have been adjudicated to be delinquent or in need of supervision. 4 English Language Acquisition, Language Enhancement, and Academic Achievement 1181. Purposes The purposes of this subpart are— (1) to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English; (2) to assist all English learners, including immigrant children and youth, to achieve at high levels so that those children can meet the same State academic standards that all children are expected to meet, consistent with section 1111(b)(1); (3) to assist State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining high-quality, flexible, evidence-based language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; (4) to assist State educational agencies and local educational agencies to develop and enhance their capacity to provide high-quality, evidence-based instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instruction settings; and (5) to promote parental and community participation in language instruction educational programs for the parents and communities of English learners. A Grants and Subgrants for English Language Acquisition and Language Enhancement 1191. Formula grants to States (a) In general In the case of each State educational agency having a plan approved by the Secretary for a fiscal year under section 1192, the Secretary shall reserve 4.6 percent of funds appropriated under section 3(a)(1) to make a grant for the year to the agency for the purposes specified in subsection (b). The grant shall consist of the allotment determined for the State educational agency under subsection (c). (b) Use of funds (1) Subgrants to eligible entities The Secretary may make a grant under subsection (a) only if the State educational agency involved agrees to expend at least 95 percent of the State educational agency’s allotment under subsection (c) for a fiscal year— (A) to award subgrants, from allocations under section 1193, to eligible entities to carry out the activities described in section 1194 (other than subsection (e)); and (B) to award subgrants under section 1193(d)(1) to eligible entities that are described in that section to carry out the activities described in section 1194(e). (2) State activities Subject to paragraph (3), each State educational agency receiving a grant under subsection (a) may reserve not more than 5 percent of the agency’s allotment under subsection (c) to carry out the following activities: (A) Professional development activities, and other activities, which may include assisting personnel in— (i) meeting State and local certification and licensing requirements for teaching English learners; and (ii) improving teacher skills in meeting the diverse needs of English learners, including in how to implement evidence-based programs and curricula on teaching English learners. (B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). (C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this chapter, including assistance in— (i) identifying and implementing evidence-based language instruction educational programs and curricula for teaching English learners; (ii) helping English learners meet the same State academic standards that all children are expected to meet; (iii) identifying or developing, and implementing, measures of English proficiency; and (iv) strengthening and increasing parent, family, and community engagement. (D) Providing recognition, which may include providing financial awards, to subgrantees that have significantly improved the achievement and progress of English learners in— (i) reaching English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(D); and (ii) meeting the State academic standards under section 1111(b)(1). (3) Administrative expenses From the amount reserved under paragraph (2), a State educational agency may use not more than 40 percent of such amount or $175,000, whichever is greater, for the planning and administrative costs of carrying out paragraphs (1) and (2). (c) Reservations and allotments (1) Reservations From the amount reserved under section 1191(a) for each fiscal year, the Secretary shall reserve— (A) 0.5 percent of such amount for payments to outlying areas, to be allotted in accordance with their respective needs for assistance under this chapter, as determined by the Secretary, for activities, approved by the Secretary, consistent with this chapter; and (B) 6.5 percent of such amount for national activities under sections 1211 and 1222, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 1222. (2) State allotments (A) In general Except as provided in subparagraph (B), from the amount reserved under section 1191(a) for each fiscal year that remains after making the reservations under paragraph (1), the Secretary shall allot to each State educational agency having a plan approved under section 1192(c)— (i) an amount that bears the same relationship to 80 percent of the remainder as the number of English learners in the State bears to the number of such children in all States, as determined by data available from the American Community Survey conducted by the Department of Commerce or State-reported data; and (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the State bears to the number of such children and youth in all States, as determined based only on data available from the American Community Survey conducted by the Department of Commerce. (B) Minimum allotments No State educational agency shall receive an allotment under this paragraph that is less than $500,000. (C) Reallotment If any State educational agency described in subparagraph (A) does not submit a plan to the Secretary for a fiscal year, or submits a plan (or any amendment to a plan) that the Secretary, after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this chapter, the Secretary shall reallot any portion of such allotment to the remaining State educational agencies in accordance with subparagraph (A). (D) Special rule for Puerto Rico The total amount allotted to Puerto Rico for any fiscal year under subparagraph (A) shall not exceed 0.5 percent of the total amount allotted to all States for that fiscal year. (3) Use of data for determinations In making State allotments under paragraph (2) for each fiscal year, the Secretary shall determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be— (A) data from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (B) the number of students being assessed for English language proficiency, based on the State’s English language proficiency assessment under section 1111(b)(2)(D), which may be multiyear estimates; or (C) a combination of data available under subparagraphs (A) and (B). 1192. State educational agency plans (a) Filing for subgrants Each State educational agency desiring a grant under this chapter shall submit a plan to the Secretary at such time and in such manner as the Secretary may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the process that the agency will use in awarding subgrants to eligible entities under section 1193(d)(1); (2) provide an assurance that— (A) the agency will ensure that eligible entities receiving a subgrant under this chapter comply with the requirement in section 1111(b)(2)(B)(x) to annually assess in English learners who have been in the United States for 3 or more consecutive years; (B) the agency will ensure that eligible entities receiving a subgrant under this chapter annually assess the English proficiency of all English learners participating in a program funded under this chapter, consistent with section 1111(b)(2)(D); (C) in awarding subgrants under section 1193, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; (D) subgrants to eligible entities under section 1193(d)(1) will be of sufficient size and scope to allow such entities to carry out high-quality, evidence-based language instruction educational programs for English learners; (E) the agency will require an eligible entity receiving a subgrant under this chapter to use the subgrant in ways that will build such recipient’s capacity to continue to offer high-quality evidence-based language instruction educational programs that assist English learners in meeting State academic standards; (F) the agency will monitor the eligible entity receiving a subgrant under this chapter for compliance with applicable Federal fiscal requirements; and (G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this chapter, parents, and other relevant stakeholders; (3) describe how the agency will coordinate its programs and activities under this chapter with other programs and activities under this Act and other Acts, as appropriate; (4) describe how eligible entities in the State will be given the flexibility to teach English learners— (A) using a high-quality, evidence-based language instruction curriculum for teaching English learners; and (B) in the manner the eligible entities determine to be the most effective; and (5) describe how the agency will assist eligible entities in increasing the number of English learners who acquire English proficiency. (c) Approval The Secretary, after using a peer review process, shall approve a plan submitted under subsection (a) if the plan meets the requirements of this section. (d) Duration of plan (1) In general Each plan submitted by a State educational agency and approved under subsection (c) shall— (A) remain in effect for the duration of the agency’s participation under this chapter; and (B) be periodically reviewed and revised by the agency, as necessary, to reflect changes to the agency’s strategies and programs carried out under this subpart. (2) Additional information (A) Amendments If the State educational agency amends the plan, the agency shall submit such amendment to the Secretary. (B) Approval The Secretary shall approve such amendment to an approved plan, unless the Secretary determines that the amendment will result in the agency not meeting the requirements, or fulfilling the purposes, of this subpart. (e) Consolidated plan A plan submitted under subsection (a) may be submitted as part of a consolidated plan under section 6302. (f) Secretary assistance The Secretary shall provide technical assistance, if requested by the State, in the development of English proficiency standards and assessments. 1193. Within-State allocations (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 1191(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 1195 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State. (b) Limitation A State educational agency shall not award a subgrant from an allocation made under subsection (a) if the amount of such subgrant would be less than $10,000. (c) Reallocation Whenever a State educational agency determines that an amount from an allocation made to an eligible entity under subsection (a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other eligible entities in the State that the agency determines will use the amount to carry out that purpose. (d) Required reservation A State educational agency receiving a grant under this chapter for a fiscal year— (1) shall reserve not more than 15 percent of the agency’s allotment under section 1191(c)(2) to award subgrants to eligible entities in the State that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year preceding the fiscal year for which the subgrant is made, in public and nonpublic elementary schools and secondary schools in the geographic areas under the jurisdiction of, or served by, such entities; and (2) in awarding subgrants under paragraph (1)— (A) shall equally consider eligible entities that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and (B) shall consider the quality of each local plan under section 1195 and ensure that each subgrant is of sufficient size and scope to meet the purposes of this subpart. 1194. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this chapter only if the entity agrees to expend the funds to improve the education of English learners, by assisting the children to learn English and meet State academic standards. In carrying out activities with such funds, the eligible entity shall use evidence-based approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth, including programs of early childhood education, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed, evidence-based activities to expand or enhance existing language instruction educational programs and academic content instruction programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Administrative expenses Each eligible entity receiving funds under section 1193(a) for a fiscal year shall use not more than 2 percent of such funds for the cost of administering this chapter. (c) Required subgrantee activities An eligible entity receiving funds under section 1193(a) shall use the funds— (1) to increase the English language proficiency of English learners by providing high-quality, evidence-based language instruction educational programs that meet the needs of English learners and have demonstrated success in increasing— (A) English language proficiency; and (B) student academic achievement; (2) to provide high-quality, evidence-based professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), school leaders, administrators, and other school or community-based organization personnel, that is— (A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of teachers and school leaders to understand and implement curricula, assessment practices and measures, and instruction strategies for English learners; (C) evidence-based in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of teachers; and (D) of sufficient intensity and duration (which shall not include activities such as one-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and (3) to provide and implement other evidence-based activities and strategies that enhance or supplement language instruction educational programs for English learners, including parental and community engagement activities and strategies that serve to coordinate and align related programs. (d) Authorized subgrantee activities Subject to subsection (c), an eligible entity receiving funds under section 1193(a) may use the funds to achieve one of the purposes described in subsection (a) by undertaking one or more of the following activities: (1) Upgrading program objectives and effective instruction strategies. (2) Improving the instruction program for English learners by identifying, acquiring, and upgrading curricula, instruction materials, educational software, and assessment procedures. (3) Providing to English learners— (A) tutorials and academic or career education for English learners; and (B) intensified instruction. (4) Developing and implementing elementary school or secondary school language instruction educational programs that are coordinated with other relevant programs and services. (5) Improving the English language proficiency and academic achievement of English learners. (6) Providing community participation programs, family literacy services, and parent outreach and training activities to English learners and their families— (A) to improve the English language skills of English learners; and (B) to assist parents in helping their children to improve their academic achievement and becoming active participants in the education of their children. (7) Improving the instruction of English learners by providing for— (A) the acquisition or development of educational technology or instructional materials; (B) access to, and participation in, electronic networks for materials, training, and communication; and (C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this chapter. (8) Carrying out other activities that are consistent with the purposes of this section. (e) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 1193(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— (A) family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children; (B) support for personnel, including paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds; (E) basic instruction services that are directly attributable to the presence in the local educational agency involved of immigrant children and youth, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instruction services; (F) other instruction services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 1193(d)(1) shall be determined by the agency in its discretion. (f) Selection of method of instruction (1) In general To receive a subgrant from a State educational agency under this chapter, an eligible entity shall select one or more methods or forms of instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet State academic standards. (2) Consistency Such selection shall be consistent with sections 1204 through 1206. (g) Supplement, not supplant Federal funds made available under this chapter shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. 1195. Local plans (a) Filing for subgrants Each eligible entity desiring a subgrant from the State educational agency under section 1193 shall submit a plan to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (b) Contents Each plan submitted under subsection (a) shall— (1) describe the evidence-based programs and activities proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the State academic standards; (2) describe how the eligible entity will hold elementary schools and secondary schools receiving funds under this chapter accountable for annually assessing the English language proficiency of all children participating under this subpart, consistent with section 1111(b); (3) describe how the eligible entity will promote parent and community engagement in the education of English learners; (4) contain an assurance that the eligible entity consulted with teachers, researchers, school administrators, parents and community members, public or private organizations, and institutions of higher education, in developing and implementing such plan; (5) describe how language instruction educational programs carried out under the subgrant will ensure that English learners being served by the programs develop English language proficiency; and (6) contain assurances that— (A) each local educational agency that is included in the eligible entity is complying with section 1112(g) prior to, and throughout, each school year; and (B) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of English learners, consistent with sections 1205 and 1206. (c) Teacher English fluency Each eligible entity receiving a subgrant under section 1193 shall include in its plan a certification that all teachers in any language instruction educational program for English learners that is, or will be, funded under this subpart are fluent in English and any other language used for instruction, including having written and oral communications skills. B Administration 1201. Reporting (a) In general Each eligible entity that receives a subgrant from a State educational agency under chapter A shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and students served under this subpart that includes— (1) a description of the programs and activities conducted by the entity with funds received under chapter A during the two immediately preceding fiscal years, including how such programs and activities supplemented programs funded primarily with State or local funds; (2) a description of the progress made by English learners in learning the English language and in meeting State academic standards; (3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on the State English language proficiency standards established under section 1111(b)(1)(E) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(D); (4) the number of English learners who exit the language instruction educational programs based on their attainment of English language proficiency and transitioned to classrooms not tailored for English learners; (5) a description of the progress made by English learners in meeting the State academic standards for each of the 2 years after such children are no longer receiving services under this subpart; (6) the number and percentage of English learners who have not attained English language proficiency within five years of initial classification as an English learner and first enrollment in the local educational agency; and (7) any such other information as the State educational agency may require. (b) Use of report A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency— (1) to determine the effectiveness of programs and activities in assisting children who are English learners— (A) to attain English language proficiency; and (B) to make progress in meeting State academic standards under section 1111(b)(1); and (2) upon determining the effectiveness of programs and activities based on the criteria in paragraph (1), to decide how to improve programs. 1202. Annual report (a) States Based upon the reports provided to a State educational agency under section 1201, each such agency that receives a grant under this subpart shall prepare and submit annually to the Secretary a report on programs and activities carried out by the State educational agency under this subpart and the effectiveness of such programs and activities in improving the education provided to English learners. (b) Secretary Annually, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— (1) on programs and activities carried out to serve English learners under this subpart, and the effectiveness of such programs and activities in improving the academic achievement and English language proficiency of English learners; (2) on the types of language instruction educational programs used by local educational agencies or eligible entities receiving funding under this subpart to teach English learners; (3) containing a critical synthesis of data reported by eligible entities to States under section 1201(a); (4) containing a description of technical assistance and other assistance provided by State educational agencies under section 1191(b)(2)(C); (5) containing an estimate of the number of effective teachers working in language instruction educational programs and educating English learners, and an estimate of the number of such teachers that will be needed for the succeeding 5 fiscal years; (6) containing the number of programs or activities, if any, that were terminated because the entities carrying out the programs or activities were not able to reach program goals; (7) containing the number of English learners served by eligible entities receiving funding under this subpart who were transitioned out of language instruction educational programs funded under this subpart into classrooms where instruction is not tailored for English learners; and (8) containing other information gathered from other reports submitted to the Secretary under this subpart when applicable. 1203. Coordination with related programs In order to maximize Federal efforts aimed at serving the educational needs of English learners, the Secretary shall coordinate and ensure close cooperation with other entities carrying out programs serving language-minority and English learners that are administered by the Department and other agencies. The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments. 1204. Rules of construction Nothing in this subpart shall be construed— (1) to prohibit a local educational agency from serving English learners simultaneously with children with similar educational needs, in the same educational settings where appropriate; (2) to require a State or a local educational agency to establish, continue, or eliminate any particular type of instructional program for English learners; or (3) to limit the preservation or use of Native American languages. 1205. Legal authority under State law Nothing in this subpart shall be construed to negate or supersede State law, or the legal authority under State law of any State agency, State entity, or State public official, over programs that are under the jurisdiction of the State agency, entity, or official. 1206. Civil rights Nothing in this subpart shall be construed in a manner inconsistent with any Federal law guaranteeing a civil right. 1207. Prohibition In carrying out this subpart, the Secretary shall neither mandate nor preclude the use of a particular curricular or pedagogical approach to educating English learners. 1208. Programs for Native Americans and Puerto Rico Notwithstanding any other provision of this subpart, programs authorized under this subpart that serve Native American (including Native American Pacific Islander) children and children in the Commonwealth of Puerto Rico may include programs of instruction, teacher training, curriculum development, evaluation, and assessment designed for Native American children learning and studying Native American languages and children of limited Spanish proficiency, except that an outcome of programs serving such children shall be increased English proficiency among such children. C National Activities 1211. National professional development project The Secretary shall use funds made available under section 1191(c)(1)(B) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private organizations with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this subsection may be used— (1) for preservice, evidence-based professional development programs that will assist local schools and institutions of higher education to upgrade the qualifications and skills of educational personnel who are not certified or licensed, especially educational paraprofessionals; (2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; (3) to support strategies that strengthen and increase parent and community member engagement in the education of English learners; and (4) to share and disseminate evidence-based practices in the instruction of English learners and in increasing their student achievement. D General Provisions 1221. Definitions Except as otherwise provided, in this subpart: (1) Child The term child means any individual aged 3 through 21. (2) Community-based organization The term community-based organization means a private nonprofit organization of demonstrated effectiveness, Indian tribe, or tribally sanctioned educational authority, that is representative of a community or significant segments of a community and that provides educational or related services to individuals in the community. Such term includes a Native Hawaiian or Native American Pacific Islander native language educational organization. (3) Eligible entity The term eligible entity means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in consortia (or collaboration) with an institution of higher education, community-based organization, or State educational agency. (4) Immigrant children and youth The term immigrant children and youth means individuals who— (A) are age 3 through 21; (B) were not born in any State; and (C) have not been attending one or more schools in any one or more States for more than 3 full academic years. (5) Indian tribe The term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Native village or Regional Corporation or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (6) Language instruction educational program The term language instruction educational program means an instruction course— (A) in which an English learner is placed for the purpose of developing and attaining English language proficiency, while meeting State academic standards, as required by section 1111(b)(1); and (B) that may make instructional use of both English and a child’s native language to enable the child to develop and attain English language proficiency, and may include the participation of English language proficient children if such course is designed to enable all participating children to become proficient in English and a second language. (7) Native language The term native language , when used with reference to English learner, means— (A) the language normally used by such individual; or (B) in the case of a child or youth, the language normally used by the parents of the child or youth. (8) Paraprofessional The term paraprofessional means an individual who is employed in a preschool, elementary school, or secondary school under the supervision of a certified or licensed teacher, including individuals employed in language instruction educational programs, special education, and migratory education. (9) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 1222. National clearinghouse (a) In general The Secretary shall establish and support the operation of a National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs, which shall collect, analyze, synthesize, and disseminate information about language instruction educational programs for English learners, and related programs. The National Clearinghouse shall— (1) be administered as an adjunct clearinghouse of the Educational Resources Information Center Clearinghouses system supported by the Institute of Education Sciences; (2) coordinate activities with Federal data and information clearinghouses and entities operating Federal dissemination networks and systems; (3) develop a system for improving the operation and effectiveness of federally funded language instruction educational programs; (4) collect and disseminate information on— (A) educational research and processes related to the education of English learners; and (B) accountability systems that monitor the academic progress of English learners in language instruction educational programs, including information on academic content and English language proficiency assessments for language instruction educational programs; and (5) publish, on an annual basis, a list of grant recipients under this subpart. (b) Construction Nothing in this section shall authorize the Secretary to hire new personnel to execute subsection (a). 1223. Regulations In developing regulations under this subpart, the Secretary shall consult with State educational agencies and local educational agencies, organizations representing English learners, and organizations representing teachers and other personnel involved in the education of English learners. 5 Rural Education Achievement Program 1230. Purpose It is the purpose of this subpart to address the unique needs of rural school districts that frequently— (1) lack the personnel and resources needed to compete effectively for Federal competitive grants; and (2) receive formula grant allocations in amounts too small to be effective in meeting their intended purposes. A Small, Rural School Achievement Program 1231. Grant program authorized (a) In general From amounts appropriated under section 3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of one percent to award grants to eligible local educational agencies to enable the local educational agencies to carry out activities authorized under any of the following provisions: (1) Part A of title I. (2) Title II. (3) Title III. (b) Allocation (1) In general Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under subsection (d) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency in subpart 2 of part A of title II for the preceding fiscal year. (2) Determination of initial amount The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (3) Ratable adjustment (A) In general If the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. (B) Additional amounts If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. (c) Disbursement The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. (d) Eligibility (1) In general A local educational agency shall be eligible to use the applicable funding in accordance with subsection (a) if— (A) (i) (I) the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or (II) each county in which a school served by the local educational agency is located has a total population density of fewer than 10 persons per square mile; and (ii) all of the schools served by the local educational agency are designated with a school locale code of 41, 42, or 43, as determined by the Secretary; or (B) the agency meets the criteria established in subparagraph (A)(i) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in subparagraph (A)(ii). (2) Certification The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. (3) Hold harmless For a local educational agency that is not eligible under this chapter but met the eligibility requirements under this subsection as it was in effect prior to the date of the enactment of the Student Success Act, the agency shall receive— (A) for fiscal year 2016, 75 percent of the amount such agency received for fiscal year 2013; (B) for fiscal year 2017, 50 percent of the amount such agency received for fiscal year 2013; and (C) for fiscal year 2018, 25 percent of the amount such agency received for fiscal year 2013. (e) Special eligibility rule A local educational agency that receives a grant under this chapter for a fiscal year is not eligible to receive funds for such fiscal year under chapter B. B Rural and Low-Income School Program 1235. Program authorized (a) Grants to states (1) In general From amounts appropriated under section 3(a)(1) for a fiscal year, the Secretary shall reserve 0.6 of one percent for this chapter for a fiscal year that are not reserved under subsection (c) to award grants (from allotments made under paragraph (2)) for the fiscal year to State educational agencies that have applications submitted under section 1237 approved to enable the State educational agencies to award grants to eligible local educational agencies for local authorized activities described in section 1236(a). (2) Allotment From amounts described in paragraph (1) for a fiscal year, the Secretary shall allot to each State educational agency for that fiscal year an amount that bears the same ratio to those amounts as the number of students in average daily attendance served by eligible local educational agencies in the State for that fiscal year bears to the number of all such students served by eligible local educational agencies in all States for that fiscal year. (3) Specially qualified agencies (A) Eligibility and Application If a State educational agency elects not to participate in the program under this subpart or does not have an application submitted under section 1237 approved, a specially qualified agency in such State desiring a grant under this subpart may submit an application under such section directly to the Secretary to receive an award under this subpart. (B) Direct awards The Secretary may award, on a competitive basis or by formula, the amount the State educational agency is eligible to receive under paragraph (2) directly to a specially qualified agency in the State that has submitted an application in accordance with subparagraph (A) and obtained approval of the application. (C) Specially qualified agency defined In this subpart, the term specially qualified agency means an eligible local educational agency served by a State educational agency that does not participate in a program under this subpart in a fiscal year, that may apply directly to the Secretary for a grant in such year under this subsection. (b) Local awards (1) Eligibility A local educational agency shall be eligible to receive a grant under this subpart if— (A) 20 percent or more of the children ages 5 through 17 years served by the local educational agency are from families with incomes below the poverty line; and (B) all of the schools served by the agency are designated with a school locale code of 32, 33, 41, 42, 43, as determined by the Secretary. (2) Award basis A State educational agency shall award grants to eligible local educational agencies— (A) on a competitive basis; (B) according to a formula based on the number of students in average daily attendance served by the eligible local educational agencies or schools in the State; or (C) according to an alternative formula, if, prior to awarding the grants, the State educational agency demonstrates, to the satisfaction of the Secretary, that the alternative formula enables the State educational agency to allot the grant funds in a manner that serves equal or greater concentrations of children from families with incomes below the poverty line, relative to the concentrations that would be served if the State educational agency used the formula described in subparagraph (B). (c) Reservations From amounts reserved under section 1235(a)(1) for this chapter for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent to make awards to elementary schools or secondary schools operated or supported by the Bureau of Indian Education, to carry out the activities authorized under this chapter; and (2) one-half of 1 percent to make awards to the outlying areas in accordance with their respective needs, to carry out the activities authorized under this chapter. 1236. Uses of funds (a) Local awards Grant funds awarded to local educational agencies under this chapter shall be used for activities authorized under any of the following: (1) Part A of title I. (2) Title II. (3) Title III. (b) Administrative costs A State educational agency receiving a grant under this chapter may not use more than 5 percent of the amount of the grant for State administrative costs and to provide technical assistance to eligible local educational agencies. 1237. Applications (a) In general Each State educational agency or specially qualified agency desiring to receive a grant under this chapter shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (b) Contents Each application submitted under subsection (a) shall include— (1) a description of how the State educational agency or specially qualified agency will ensure eligible local educational agencies receiving a grant under this chapter will use such funds to help students meet the State academic standards under section 1111(b)(1); (2) if the State educational agency or specially qualified agency will competitively award grants to eligible local educational agencies, as described in section 1235(b)(2)(A), the application under the section shall include— (A) the methods and criteria the State educational agency or specially qualified agency will use for reviewing applications and awarding funds to local educational agencies on a competitive basis; and (B) how the State educational agency or specially qualified agency will notify eligible local educational agencies of the grant competition; and (3) a description of how the State educational agency or specially qualified agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 1236(a). 1238. Accountability Each State educational agency or specially qualified agency that receives a grant under this chapter shall prepare and submit an annual report to the Secretary. The report shall describe— (1) the methods and criteria the State educational agency or specially qualified agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this chapter; (2) how local educational agencies and schools used funds provided under this chapter; and (3) the degree to which progress has been made toward having all students meet the State academic standards under section 1111(b)(1). 1239. Choice of participation (a) In general If a local educational agency is eligible for funding under chapters A and B of this subpart, such local educational agency may receive funds under either chapter A or chapter B for a fiscal year, but may not receive funds under both chapters. (b) Notification A local educational agency eligible for both chapters A and B of this subpart shall notify the Secretary and the State educational agency under which of such chapters such local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. C General Provisions 1241. Annual average daily attendance determination (a) Census determination Each local educational agency desiring a grant under section 1231 and each local educational agency or specially qualified agency desiring a grant under chapter B shall— (1) not later than December 1 of each year, conduct a census to determine the number of students in average daily attendance in kindergarten through grade 12 at the schools served by the agency; and (2) not later than March 1 of each year, submit the number described in paragraph (1) to the Secretary (and to the State educational agency, in the case of a local educational agency seeking a grant under subpart 2). (b) Penalty If the Secretary determines that a local educational agency or specially qualified agency has knowingly submitted false information under subsection (a) for the purpose of gaining additional funds under section 1231 or chapter B, then the agency shall be fined an amount equal to twice the difference between the amount the agency received under this section and the correct amount the agency would have received under section 1231 or chapter B if the agency had submitted accurate information under subsection (a). 1242. Supplement, not supplant Funds made available under chapter A or chapter B shall be used to supplement, and not supplant, any other Federal, State, or local education funds. 1243. Rule of construction Nothing in this subpart shall be construed to prohibit a local educational agency that enters into cooperative arrangements with other local educational agencies for the provision of special, compensatory, or other education services, pursuant to State law or a written agreement, from entering into similar arrangements for the use, or the coordination of the use, of the funds made available under this subpart. . (b) Strike The Act is amended by striking title VII ( 20 U.S.C. 7401 et seq. ). D National assessment 141. National assessment of title I (a) In general Part E of title I ( 20 U.S.C. 6491 et seq. ) is redesignated as part B of title I. (b) Repeals Sections 1502 and 1504 ( 20 U.S.C. 6492 ; 6494) are repealed. (c) Redesignations Sections 1501 and 1503 ( 20 U.S.C. 6491 ; 6493) are redesignated as sections 1301 and 1302, respectively. (d) Amendments to section 1301 Section 1301 ( 20 U.S.C. 6491 ), as so redesignated, is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting , acting through the Director of the Institute of Education Sciences (in this section and section 1302 referred to as the Director ), after The Secretary ; (B) in paragraph (2)— (i) by striking Secretary and inserting Director ; (ii) in subparagraph (A), by striking reaching the proficient level and all that follows and inserting graduating high school prepared for postsecondary education or the workforce. ; (iii) in subparagraph (B), by striking reach the proficient and all that follows and inserting meet State academic standards. ; (iv) by striking subparagraphs (D) and (G) and redesignating subparagraphs (E), (F), and (H) through (O) as subparagraphs (D) through (M), respectively; (v) in subparagraph (D)(v) (as so redesignated), by striking help schools in which and all that follows and inserting address disparities in the percentages of effective teachers teaching in low-income schools. ; (vi) in subparagraph (G) (as so redesignated)— (I) by striking section 1116 and inserting section 1111(b)(3)(B)(iii) ; and (II) by striking , including the following and all that follows and inserting a period; (vii) in subparagraph (I) (as so redesignated), by striking qualifications and inserting effectiveness ; (viii) in subparagraph (J) (as so redesignated), by striking , including funds under section 1002, ; (ix) in subparagraph (L) (as so redesignated), by striking section 1111(b)(2)(C)(v)(II) and inserting section 1111(b)(3)(B)(ii)(II) ; and (x) in subparagraph (M) (as so redesignated), by striking Secretary and inserting Director ; (C) in paragraph (3), by striking Secretary and inserting Director ; (D) in paragraph (4), by striking Secretary and inserting Director ; (E) in paragraph (5), by striking Secretary and inserting Director ; and (F) in paragraph (6)— (i) by striking No Child Left Behind Act of 2001 each place it appears and inserting Student Success Act ; and (ii) by striking Secretary each place it appears and inserting Director ; (2) in subsection (b), by striking Secretary each place it appears and inserting Director ; (3) in subsection (c)— (A) in paragraph (1)— (i) by striking Secretary and inserting Director ; and (ii) by striking part A and inserting subpart 1 of part A ; (B) in paragraph (2)— (i) by striking Secretary and inserting Director ; (ii) in subparagraph (B), by striking challenging academic achievement standards and inserting State academic standards ; (iii) in subparagraph (E), by striking effects of the availability and all that follows and inserting extent to which actions authorized under section 1111(b)(3)(B)(iii) improve the academic achievement of disadvantaged students and low-performing schools. ; and (iv) in subparagraph (F), by striking Secretary and inserting Director ; and (C) in paragraph (3)— (i) by striking Secretary and inserting Director ; and (ii) by striking subparagraph (C) and inserting the following: (C) analyzes varying models or strategies for delivering school services, including schoolwide and targeted services. ; and (4) in subsection (d), by striking Secretary each place it appears and inserting Director . (e) Amendments to section 1302 Section 1302 ( 20 U.S.C. 6493 ), as so redesignated, is amended— (1) in subsection (a)— (A) by striking Secretary and inserting Director ; and (B) by striking and for making decisions about the promotion and graduation of students ; (2) in subsection (b)— (A) by striking Secretary the first place it appears and inserting Director ; (B) by striking process, and inserting process consistent with section 1111(e)(1), ; and (C) by striking Assistant Secretary of Educational Research and Improvement and inserting Director ; (3) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (A), by striking to the State-defined level of proficiency and inserting toward meeting the State academic standards ; and (ii) in subparagraph (C), by striking pupil-services and inserting specialized instructional support services ; (B) in paragraph (3), by striking limited and nonlimited English proficient students and inserting English learners and non-English learners ; and (C) in paragraph (6), by striking Secretary and inserting Director ; and (4) in subsection (f)— (A) by striking Secretary and inserting Director ; and (B) by striking authorized to be appropriated for this part and inserting appropriated under section 3(a)(2) . E Title I general provisions 151. General provisions for title I Part I of title I ( 20 U.S.C. 6571 et seq. )— (1) is transferred to appear after part B (as redesignated); and (2) is amended to read as follows: C General Provisions 1401. Federal regulations (a) In General The Secretary may, in accordance with subsections (b) through (d), issue such regulations as are necessary to reasonably ensure there is compliance with this title. (b) Negotiated Rulemaking Process (1) In general Before publishing in the Federal Register proposed regulations to carry out this title, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, and members of local school boards and other organizations involved with the implementation and operation of programs under this title, including those representatives and members nominated by local and national stakeholder representatives. (2) Meetings and electronic exchange Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders. (3) Proposed regulations After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall— (A) establish a negotiated rulemaking process; (B) select individuals to participate in such process from among individuals or groups that provided advice and recommendations, including representation from all geographic regions of the United States, in such numbers as will provide an equitable balance between representatives of parents and students and representatives of educators and education officials; and (C) prepare a draft of proposed policy options that shall be provided to the individuals selected by the Secretary under subparagraph (B) not less than 15 days before the first meeting under such process. (c) Proposed Rulemaking If the Secretary determines that a negotiated rulemaking process is unnecessary or the individuals selected to participate in the process under paragraph (3)(B) fail to reach unanimous agreement, the Secretary may propose regulations under the following procedure: (1) Not less than 30 days prior to beginning a rulemaking process, the Secretary shall provide to Congress, including the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, notice that shall include— (A) a copy of the proposed regulations; (B) the need to issue regulations; (C) the anticipated burden, including the time, cost, and paperwork burden, the regulations will have on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulations; and (D) any regulations that will be repealed when the new regulations are issued. (2) 30 days after giving notice of the proposed rule to Congress, the Secretary may proceed with the rulemaking process after all comments received from the Congress have been addressed and publishing how such comments are addressed with the proposed rule. (3) The comment and review period for any proposed regulation shall be 90 days unless an emergency requires a shorter period, in which case such period shall be not less than 45 days and the Secretary shall— (A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice and report to Congress under paragraph (1); and (B) publish the length of the comment and review period in such notice and in the Federal Register. (4) No regulation shall be made final after the comment and review period until the Secretary has published in the Federal Register an independent assessment (which shall include a representative sampling of local educational agencies based on local educational agency enrollment, urban, suburban, or rural character, and other factors impacted by the proposed regulation) of— (A) the burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools and other entities that may be impacted by the regulation; (B) an explanation of how the entities described in subparagraph (A) may cover the cost of the burden assessed under subparagraph (A); and (C) the proposed regulation, which thoroughly addresses, based on the comments received during the comment and review period under paragraph (3), whether the rule is financially, operationally, and educationally viable at the local level. (d) Limitation Regulations to carry out this title may not require local programs to follow a particular instructional model, such as the provision of services outside the regular classroom or school program. 1402. Agreements and records (a) Agreements In the case in which a negotiated rule making process is established under subsection (b) of section 1401, all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1401 unless the Secretary reopens the negotiated rulemaking process. (b) Records The Secretary shall ensure that an accurate and reliable record of agreements reached during the negotiations process is maintained. 1403. State administration (a) Rulemaking (1) In general Each State that receives funds under this title shall— (A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this title and provide any such proposed rules, regulations, and policies to the committee of practitioners created under subsection (b) for review and comment; (B) minimize such rules, regulations, and policies to which the State’s local educational agencies and schools are subject; (C) eliminate or modify State and local fiscal accounting requirements in order to facilitate the ability of schools to consolidate funds under schoolwide programs; (D) identify any such rule, regulation, or policy as a State-imposed requirement; and (E) (i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; (ii) eliminate the rules and regulations that are duplicative of Federal requirements; and (iii) report any conflicting requirements to the Secretary and determine which Federal or State rule or regulation shall be followed. (2) Support and facilitation State rules, regulations, and policies under this title shall support and facilitate local educational agency and school-level systemic reform designed to enable all children to meet the State academic standards. (b) Committee of Practitioners (1) In general Each State educational agency that receives funds under this title shall create a State committee of practitioners to advise the State in carrying out its responsibilities under this title. (2) Membership Each such committee shall include— (A) as a majority of its members, representatives from local educational agencies; (B) administrators, including the administrators of programs described in other parts of this title; (C) teachers from public charter schools, traditional public schools, and career and technical educators; (D) parents; (E) members of local school boards; (F) representatives of public charter school authorizers; (G) public charter school leaders; (H) representatives of private school children; and (I) specialized instructional support personnel. (3) Duties The duties of such committee shall include a review, before publication, of any proposed or final State rule or regulation pursuant to this title. In an emergency situation where such rule or regulation must be issued within a very limited time to assist local educational agencies with the operation of the program under this title, the State educational agency may issue a regulation without prior consultation, but shall immediately thereafter convene the State committee of practitioners to review the emergency regulation before issuance in final form. 1404. Rule of construction on equalized spending Nothing in this title shall be construed to mandate or prohibit equalized spending per pupil for a State, local educational agency, or school. 1405. Rule of construction for collective bargaining Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. . II Teacher Preparation and Effectiveness 201. Teacher preparation and effectiveness (a) Heading The title heading for title II ( 20 U.S.C. 6601 et seq. ) is amended to read as follows: II Teacher Preparation and Effectiveness . (b) Part A Part A of title II ( 20 U.S.C. 6601 et seq. ) is amended to read as follows: A Supporting Effective Instruction 2101. Purpose The purpose of this part is to provide grants to State educational agencies and subgrants to local educational agencies to— (1) increase student achievement consistent with State academic standards under section 1111(b)(1); (2) improve teacher and school leader effectiveness in classrooms and schools, respectively; (3) provide evidence-based, job-embedded, continuous professional development; and (4) if a State educational agency or local educational agency so chooses, develop and implement teacher evaluation systems that use, in part, student achievement data to determine teacher effectiveness. 1 Grants to States 2111. Allotments to States (a) In general Of the amounts appropriated under section 3(b), the Secretary shall reserve 75 percent to make grants to States with applications approved under section 2112 to pay for the Federal share of the cost of carrying out the activities specified in section 2113 . Each grant shall consist of the allotment determined for a State under subsection (b). (b) Determination of allotments (1) Reservation of funds Of the amount reserved under subsection (a) for a fiscal year, the Secretary shall reserve— (A) not more than 1 percent to carry out national activities under section 2132; (B) one-half of 1 percent for allotments to outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (C) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (2) State allotments (A) In general Subject to subparagraph (B) , from the funds reserved under subsection (a) for any fiscal year and not reserved under paragraph (1), the Secretary shall allot to each State the sum of— (i) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (ii) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Small State Minimum No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total amount of funds allotted under such subparagraph for a fiscal year. (C) Applicability (i) In general Subparagraph (A) shall not apply with respect to a fiscal year unless the Secretary certifies in writing to Congress for that fiscal year that the amount of funds allotted under subparagraph (A) to local educational agencies that serve a high percentage of students from families with incomes below the poverty line is not less than the amount allotted to such local educational agencies for fiscal year 2015. (ii) Special rule For a fiscal year for which subparagraph (A) does not apply, the Secretary shall allocate to each State the funds described in subparagraph (A) according to the formula set forth in subsection (b)(2)(B)(i) of this section as in effect on the day before the date of the enactment of the Student Success Act. (c) Reallotment If a State does not apply for an allotment under this section for any fiscal year or only a portion of the State’s allotment is allotted under subsection (b)(2), the Secretary shall reallot the State’s entire allotment or the remaining portion of its allotment, as the case may be, to the remaining States in accordance with subsection (b) . 2112. State application (a) In general For a State to be eligible to receive a grant under this subpart, the State educational agency shall submit an application to the Secretary at such time and in such a manner as the Secretary may reasonably require, which shall include the following: (1) A description of how the State educational agency will meet the requirements of this subpart. (2) A description of how the State educational agency will use a grant received under section 2111, including the grant funds the State will reserve for State-level activities under section 2113(a)(2) . (3) A description of how the State educational agency will facilitate the sharing of evidence-based and other effective strategies among local educational agencies. (4) A description of how, and under what timeline, the State educational agency will allocate subgrants under subpart 2 to local educational agencies. (5) If applicable, a description of how the State educational agency will work with local educational agencies in the State to develop or implement a teacher or school leader evaluation system. (6) An assurance that the State educational agency will comply with section 6501 (regarding participation by private school children and teachers). (7) A description of how the State will establish, implement, or improve policies and procedures on background checks for school employees and contractors who have direct unsupervised access to students, which may be conducted and administered by the State or local educational agencies, including by— (A) expanding the registries or repositories searched when conducting background checks, including— (i) the State criminal registry or repository of the State in which the school employee resides; (ii) the State-based child abuse and neglect registries and databases of the State in which the school employee resides; (iii) the Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; (iv) the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); and (v) the National Crime Information Center; (B) establishing, implementing, or improving policies and procedures that prohibit employing as a school employee an individual who— (i) refuses to consent to a background check; (ii) makes false statements in connection with a background check; (iii) has been convicted of a felony, consisting of— (I) homicide; (II) child abuse or neglect; (III) a crime against children, including child pornography; (IV) domestic violence; (V) a crime involving rape or sexual assault; (VI) kidnaping; (VII) arson; or (VIII) physical assault, battery, or a drug-related offense, committed on or after the date that is 5 years before the date of the individual’s criminal background check; (iv) has been convicted of any other crimes, as determined by the State; or (v) is registered or required to be registered on a State sex offender registry or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16901 et seq. ); (C) establishing, implementing, or improving policies and procedures for States, local educational agencies, or schools to provide the results of background checks to— (i) individuals subject to the background checks in a statement that indicates whether the individual is ineligible for such employment due to the background check and includes information related to each disqualifying crime; (ii) the employer in a statement that indicates whether a school employee is eligible or ineligible for employment, without revealing any disqualifying crime or other related information regarding the individual; (iii) another employer in the same State or another State, as permitted under State law, without revealing any disqualifying crime or other related information regarding the individual; and (iv) another local educational agency in the same State or another State that is considering such school employee for employment, as permitted under State law, without revealing any disqualifying crime or other related information regarding the individual; and (D) developing, implementing, or improving mechanisms to assist local educational agencies and schools in effectively recognizing and quickly responding to incidents of child abuse by school employees. (8) A description of any subjects the State has identified as being workforce critical subjects pursuant to section 2234(6). (b) Deemed approval An application submitted by a State educational agency under subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this subpart. (c) Disapproval The Secretary shall not finally disapprove an application, except after giving the State educational agency notice and an opportunity for a hearing. (d) Notification If the Secretary finds that an application is not in compliance, in whole or in part, with this subpart, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (e) Response If a State educational agency responds to a notification from the Secretary under subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B) , the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (b) . (f) Failure To respond If a State educational agency does not respond to a notification from the Secretary under subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. 2113. State use of funds (a) In general A State educational agency that receives a grant under section 2111 shall— (1) reserve 95 percent of the grant funds to make subgrants to local educational agencies under subpart 2; and (2) use the remainder of the funds, after reserving funds under paragraph (1) , for the State activities described in subsection (b) , except that the State may reserve not more than 1 percent of the grant funds for planning and administration related to carrying out activities described in subsection (b). (b) State-Level activities A State educational agency that receives a grant under section 2111— (1) shall use the amount described in subsection (a)(2) to fulfill the State educational agency’s responsibilities with respect to the proper and efficient administration of the subgrant program carried out under this part; and (2) may use the amount described in subsection (a)(2) to— (A) provide training and technical assistance to local educational agencies on— (i) in the case of a State educational agency not implementing a statewide teacher evaluation system— (I) the development and implementation of a teacher evaluation system; and (II) training school leaders in using such evaluation system; or (ii) in the case of a State educational agency implementing a statewide teacher evaluation system, implementing such evaluation system; (B) disseminate and share evidence-based and other effective practices, including practices consistent with the principles of effectiveness described in section 2222(b), related to teacher and school leader effectiveness and professional development; (C) provide professional development for teachers, school leaders, and if appropriate, specialized instructional support personnel in the State consistent with section 2123(6); (D) provide training and technical assistance to local educational agencies on— (i) in the case of a State educational agency not implementing a statewide school leader evaluation system, the development and implementation of a school leader evaluation system; and (ii) in the case of a State educational agency implementing a statewide school leader evaluation system, implementing such evaluation system; (E) develop and implement policies in the State to address any teacher workforce shortages in high-need subjects, including in science, technology, engineering, math, computer science, and foreign languages; and (F) support State or local pay for success initiatives that meet the purposes of this part. 2 Subgrants to local educational agencies 2121. Allocations to local educational agencies (a) In general Each State receiving a grant under section 2111 shall use the funds reserved under section 2113(a)(1) to award subgrants to local educational agencies under this section. (b) Allocation of funds From the funds reserved by a State under section 2113(a)(1) , the State educational agency shall allocate to each local educational agency in the State the sum of— (1) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 in the geographic area served by the local educational agency, as determined by the State on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined; and (2) an amount that bears the same relationship to 50 percent of the funds as the number of individuals age 5 through 17 from families with incomes below the poverty line in the geographic area served by the local educational agency, as determined by the State on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the local educational agencies in the State, as so determined. 2122. Local applications To be eligible to receive a subgrant under this subpart, a local educational agency shall submit an application to the State educational agency involved at such time, in such a manner, and containing such information as the State educational agency may reasonably require that, at a minimum, shall include the following: (1) A description of— (A) how the local educational agency will meet the requirements of this subpart; (B) how the activities to be carried out by the local educational agency under this subpart will be evidence-based, improve student academic achievement, and improve teacher and school leader effectiveness; and (C) if applicable, how, the local educational agency will work with parents, teachers, school leaders, and other staff of the schools served by the local educational agency in developing and implementing a teacher evaluation system. (2) If applicable, a description of how the local educational agency will develop and implement a teacher or school leader evaluation system. (3) An assurance that the local educational agency will comply with section 6501 (regarding participation by private school children and teachers). 2123. Local use of funds A local educational agency receiving a subgrant under this subpart may use such funds for— (1) the development and implementation of a teacher evaluation system, administered through school leaders based on input from stakeholders listed in subparagraph (E), that may— (A) use student achievement data derived from a variety of sources as a significant factor in determining a teacher’s evaluation, with the weight given to such data defined by the local educational agency; (B) use multiple measures of evaluation for evaluating teachers; (C) have more than 2 categories for rating the performance of teachers; (D) be used to make personnel decisions, as determined by the local educational agency; and (E) be based on input from parents, school leaders, teachers, and other staff of schools served by the local educational agency; (2) in the case of a local educational agency located in a State implementing a statewide teacher evaluation system, implementing such evaluation system; (3) the training of school leaders or other individuals for the purpose of evaluating teachers or school leaders under a teacher or school leader evaluation system, as appropriate; (4) in the case of a local educational agency located in a State implementing a statewide school leader evaluation system, to implement such evaluation system; (5) in the case of a local educational agency located in a State not implementing a statewide school leader evaluation system, the development and implementation of a school leader evaluation system; (6) professional development for teachers, school leaders, and if appropriate, specialized instructional support personnel that is evidence-based, job-embedded, and continuous, such as— (A) subject-based professional development for teachers, including for teachers of civic education, arts education, and computer science and other science, technology, engineering, and mathematics subjects; (B) professional development aligned with the State’s academic standards; (C) professional development to assist teachers in meeting the needs of students with different learning styles, particularly students with disabilities, English learners, and gifted and talented students; (D) professional development for teachers or school leaders identified as in need of additional support through data provided by a teacher or school leader evaluation system, as appropriate; (E) professional development based on the current science of learning, which includes research on positive brain change and cognitive skill development; (F) professional development for school leaders, including evidence-based mentorship programs for such leaders; (G) professional development on integrated, interdisciplinary, and project-based teaching strategies, including for career and technical education teachers and teachers of computer science and other science, technology (including education about the harms of copyright piracy), engineering, and mathematics subjects; (H) professional development on teaching dual credit, dual enrollment, Advanced Placement, or International Baccalaureate postsecondary-level courses to secondary school students; (I) professional development for teachers, principals and other school administrators in early elementary grades that includes specialized knowledge about child development and learning, developmentally-appropriate curricula and teaching practices, meaningful family engagement and collaboration with early care and education programs; (J) professional development, including through joint professional development opportunities, for early childhood educators, teachers, principals, specialized instructional support personnel, and other school leaders; (K) training on child development, improving instruction, and closing achievement gaps; or (L) professional development on restorative justice and conflict resolution; (7) partnering with a public or private organization or a consortium of such organizations to develop and implement a teacher evaluation system described in subparagraph (A) or (B) of paragraph (1), or to administer professional development, as appropriate; (8) any activities authorized under section 2222(a); (9) class size reduction, except that the local educational agency may use not more than 10 percent of such funds for this purpose; or (10) carrying out activities related to pay for success initiatives that meet the purposes of this part. 3 General provisions 2131. Reporting Requirements (a) Local educational agencies Each local educational agency receiving a subgrant under subpart 2 shall submit to the State educational agency involved, on an annual basis until the last year in which the local educational agency receives such subgrant funds, a report on— (1) how the local educational agency is meeting the purposes of this part described in section 2101; (2) how the local educational agency is using such subgrant funds; (3) in the case of a local educational agency implementing a teacher or school leader evaluation system, the results of such evaluation system, except that such report shall not reveal personally identifiable information about an individual teacher or school leader; and (4) any such other information as the State educational agency may require, as long as student and teacher privacy is maintained. (b) State educational agencies Each State educational agency receiving a grant under subpart 1 shall submit to the Secretary a report, on an annual basis until the last year in which the State educational agency receives such grant funds, on— (1) how the State educational agency is meeting the purposes of this part described in section 2101; and (2) how the State educational agency is using such grant funds. 2132. National activities From the funds reserved by the Secretary under section 2111(b)(1)(A), the Secretary shall, directly or through grants and contracts— (1) provide technical assistance to States and local educational agencies in carrying out activities under this part; and (2) acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by State educational agencies and local educational agencies under this part. 2133. State defined In this part, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 2134. Employee transfers A local educational agency or State educational agency shall be ineligible for funds under this Act if such agency knowingly facilitates the transfer of any employee if the agency knows, or has probable cause to believe, that the employee engaged in sexual misconduct with a student. . (c) Part B Part B of title II ( 20 U.S.C. 6661 et seq. ) is amended to read as follows: B Teacher and School Leader Flexible Grant 2201. Purpose The purpose of this part is to improve student academic achievement by— (1) supporting all State educational agencies, local educational agencies, schools, teachers, and school leaders to pursue innovative and evidence-based practices to help all students meet the State’s academic standards; and (2) increasing the number of teachers and school leaders who are effective in increasing student academic achievement. 1 Formula grants to States 2211. State Allotments (a) Reservations From the amount appropriated under section 3(b) for any fiscal year, the Secretary— (1) shall reserve 25 percent to award grants to States under this subpart; and (2) of the amount reserved under paragraph (1), shall reserve— (A) not more than 1 percent for national activities described in section 2233; (B) one-half of 1 percent for allotments to outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; and (C) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) In general From the total amount reserved under subsection (a)(1) for each fiscal year and not reserved under subparagraphs (A) through (C) of subsection (a)(2), the Secretary shall allot, and make available in accordance with this section, to each State an amount that bears the same ratio to such sums as the school-age population of the State bears to the school-age population of all States. (2) Small State minimum No State receiving an allotment under paragraph (1) may receive less than one-half of 1 percent of the total amount allotted under such paragraph. (3) Reallotment If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c) State application In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary, at such time and in such manner as the Secretary may reasonably require. Such application shall— (1) designate the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2) describe how the State educational agency will use funds received under this section for State level activities described in subsection (d)(3) ; (3) describe the procedures and criteria the State educational agency will use for reviewing applications and awarding subgrants in a timely manner to eligible entities under section 2221 on a competitive basis; (4) describe how the State educational agency will ensure that subgrants made under section 2221 are of sufficient size and scope to support effective programs that will help increase academic achievement in the classroom and are consistent with the purposes of this part; (5) describe the steps the State educational agency will take to ensure that eligible entities use subgrants received under section 2221 to carry out programs that implement effective strategies, including by providing ongoing technical assistance and training, and disseminating evidence-based and other effective strategies to such eligible entities; (6) describe how programs under this part will be coordinated with other programs under this Act; and (7) include an assurance that, other than providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised, and will not exercise, any influence in the decisionmaking processes of eligible entities as to the expenditure of funds made pursuant to an application submitted under section 2221(b). (d) State use of funds (1) In general Each State that receives an allotment under this section shall reserve not less than 92 percent of the amount allotted to such State under subsection (b) , for each fiscal year, for subgrants to eligible entities under subpart 2. (2) State administration A State educational agency may reserve not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this subpart. (3) State-level activities (A) Innovative Teacher and School Leader Activities A State educational agency shall reserve not more than 4 percent of the amount made available to the State under subsection (b) to carry out, solely, or in partnership with State agencies of higher education, 1 or more of the following activities: (i) Reforming teacher and school leader certification, recertification, licensing, and tenure systems to ensure that such systems are rigorous and that— (I) each teacher has the subject matter knowledge and teaching skills necessary to help students meet the State’s academic standards; and (II) school leaders have the instructional leadership skills to help teachers instruct and students learn. (ii) Improving the quality of teacher preparation programs within the State, including through the use of appropriate student achievement data and other factors to evaluate the quality of teacher preparation programs within the State. (iii) Carrying out programs that establish, expand, or improve alternative routes for State certification or licensure of teachers and school leaders, including such programs for— (I) mid-career professionals from other occupations, including computer science and other science, technology, engineering, and math fields; (II) former military personnel; and (III) recent graduates of an institution of higher education, with a record of academic distinction, who demonstrate the potential to become effective teachers or school leaders. (iv) Developing, or assisting eligible entities in developing— (I) performance-based pay systems for teachers and school leaders; (II) strategies that provide differential, incentive, or bonus pay for teachers and school leaders; or (III) teacher and school leader advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation. (v) Developing, or assisting eligible entities in developing, new, evidence-based teacher and school leader induction and mentoring programs that are designed to— (I) improve instruction and student academic achievement; and (II) increase the retention of effective teachers and school leaders. (vi) Providing professional development for teachers and school leaders that is focused on improving teaching and student academic achievement, including for students with different learning styles, particularly students with disabilities, English learners, gifted and talented students, and other special populations. (vii) Providing training and technical assistance to eligible entities that receive a subgrant under section 2221. (viii) Other activities identified by the State educational agency that meet the purposes of this part, including those activities authorized under subparagraph (B). (ix) Supporting State or local pay for success initiatives that meet the purposes of this part. (B) Teacher or School Leader Preparation Academies (i) In general In the case of a State in which teacher or school leader preparation academies are allowable under State law, a State educational agency may reserve not more than 3 percent of the amount made available to the State under subsection (b) to support the establishment or expansion of one or more teacher or school leader preparation academies and, subject to the limitation under clause (iii), to support State authorizers for such academies. (ii) Matching requirement A State educational agency shall not provide funds under this subparagraph to support the establishment or expansion of a teacher or school leader preparation academy unless the academy agrees to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 10 percent of the amount of the funds the academy will receive under this subparagraph. (iii) Funding for State authorizers Not more than 5 percent of funds provided to a teacher or school leader preparation academy under this subparagraph may be used to support activities of State authorizers for such academy. 2212. Approval and Disapproval of State Applications (a) Deemed approval An application submitted by a State pursuant to section 2211(c) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with section 2211(c) . (b) Disapproval Process (1) In General The Secretary shall not finally disapprove an application submitted under section 2211(c) , except after giving the State educational agency notice and an opportunity for a hearing. (2) Notification If the Secretary finds that an application is not in compliance, in whole or in part, with section 2211(c) the Secretary shall— (A) give the State educational agency notice and an opportunity for a hearing; and (B) notify the State educational agency of the finding of noncompliance and, in such notification, shall— (i) cite the specific provisions in the application that are not in compliance; and (ii) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If a State educational agency responds to a notification from the Secretary under paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the application with the requested information described in paragraph (2)(B)(ii) , the Secretary shall approve or disapprove such application prior to the later of— (A) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (B) the expiration of the 120-day period described in subsection (a) . (4) Failure to respond If the State educational agency does not respond to a notification from the Secretary under paragraph (2)(B) during the 45-day period beginning on the date on which the State educational agency received the notification, such application shall be deemed to be disapproved. 2 Local competitive grant program 2221. Local competitive grant program (a) In general A State that receives an allotment under section 2211(b) for a fiscal year shall use the amount reserved under section 2211(d)(1) to award subgrants, on a competitive basis, to eligible entities in accordance with this section to enable such entities to carry out the programs and activities described in section 2222 . (b) Application (1) In general To be eligible to receive a subgrant under this section, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the programs and activities to be funded and how they are consistent with the purposes of this part; and (B) an assurance that the eligible entity will comply with section 6501 (regarding participation by private school children and teachers). (c) Peer review In reviewing applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall only judge the likelihood of the activity to increase student academic achievement. The reviewers shall not make a determination based on the policy of the proposed activity. (d) Geographic diversity A State educational agency shall distribute funds under this section equitably among geographic areas within the State, including rural, suburban, and urban communities. (e) Duration of awards A State educational agency may award subgrants under this section for a period of not more than 5 years. (f) Matching An eligible entity receiving a subgrant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 10 percent of the amount of the subgrant. 2222. Local authorized activities (a) In General Each eligible entity receiving a subgrant under section 2221 shall use such subgrant funds to develop, implement, and evaluate comprehensive programs and activities, that are in accordance with the purpose of this part and— (1) are consistent with the principles of effectiveness described in subsection (b); and (2) may include, among other programs and activities— (A) developing and implementing initiatives to assist in recruiting, hiring, and retaining highly effective teachers and school leaders, including initiatives that provide— (i) differential, incentive, or bonus pay for teachers and school leaders; (ii) performance-based pay systems for teachers and school leaders; (iii) teacher and school leader advancement initiatives that promote professional growth and emphasize multiple career paths and pay differentiation; (iv) new teacher and school leader induction and mentoring programs that are designed to improve instruction, student academic achievement, and to increase teacher and school leader retention; and (v) teacher residency programs, and school leader residency programs, designed to develop and support new teachers or new school leaders, respectively; (B) supporting the establishment or expansion of teacher or school leader preparation academies under section 2211(d)(3)(B); (C) recruiting qualified individuals from other fields, including individuals from computer science and other science, technology, engineering, and math fields, mid-career professionals from other occupations, and former military personnel; (D) establishing, improving, or expanding model instructional programs to ensure that all children meet the State’s academic standards; (E) providing evidence-based, job embedded, continuous professional development for teachers and school leaders focused on improving teaching and student academic achievement; (F) implementing programs based on the current science of learning, which includes research on positive brain change and cognitive skill development; (G) recruiting and training teachers to teach dual credit, dual enrollment, Advanced Placement, or International Baccalaureate postsecondary-level courses to secondary school students; (H) other activities and programs identified as necessary by the local educational agency that meet the purpose of this part; and (I) carrying out activities related to pay for success initiatives that meet the purposes of this part. (b) Principles of effectiveness For a program or activity developed pursuant to this section to meet the principles of effectiveness, such program or activity shall— (1) be based upon an assessment of objective data regarding the need for programs and activities in the elementary schools and secondary schools served to increase the number of teachers and school leaders who are effective in improving student academic achievement; (2) reflect evidence-based research, or in the absence of a strong research base, reflect effective strategies in the field, that provide evidence that the program or activity will improve student academic achievement; and (3) include meaningful and ongoing consultation with, and input from, teachers, school leaders, and parents, in the development of the application and administration of the program or activity. 3 General provisions 2231. Periodic evaluation (a) In general Each eligible entity and each teacher or school leader preparation academy that receives funds under this part shall undergo a periodic evaluation by the State educational agency involved to assess such entity’s or such academy’s progress toward achieving the purposes of this part. (b) Use of results The results of an evaluation described in subsection (a) of an eligible entity or academy shall be— (1) used to refine, improve, and strengthen such eligible entity or such academy, respectively; and (2) made available to the public upon request, with public notice of such availability provided. 2232. Reporting requirements (a) Eligible entities and academies Each eligible entity and each teacher or school leader preparation academy that receives funds from a State educational agency under this part shall prepare and submit annually to such State educational agency a report that includes— (1) a description of the progress of the eligible entity or teacher or school leader preparation academy, respectively, in meeting the purposes of this part; (2) a description of the programs and activities conducted by the eligible entity or teacher or school leader preparation academy, respectively, with funds received under this part; (3) how the eligible entity or teacher or school leader preparation academy, respectively, is using such funds; and (4) any such other information as the State educational agency may reasonably require. (b) State educational agencies Each State educational agency that receives a grant under this part shall prepare and submit, annually, to the Secretary a report that includes— (1) a description of the programs and activities conducted by the State educational agency with grant funds received under this part; (2) a description of the progress of the State educational agency in meeting the purposes of this part described in section 2201; (3) how the State educational agency is using grant funds received under this part; (4) the methods and criteria the State educational agency used to award subgrants in a timely manner to eligible entities under section 2221 and, if applicable, funds in a timely manner to teacher or school leader academies under section 2211(d)(3)(B); and (5) the results of the periodic evaluations conducted under section 2231. 2233. National activities From the funds reserved by the Secretary under section 2211(a)(2)(A), the Secretary shall, directly or through grants and contracts— (1) provide technical assistance to States and eligible entities in carrying out activities under this part; and (2) acting through the Institute of Education Sciences, conduct national evaluations of activities carried out by States and eligible entities under this part. 2234. Definitions In this part: (1) Eligible entity The term eligible entity means— (A) a local educational agency or consortium of local educational agencies; (B) an institution of higher education or consortium of such institutions in partnership with a local educational agency or consortium of local educational agencies; (C) a for-profit organization, a nonprofit organization, or a consortium of for-profit or nonprofit organizations in partnership with a local educational agency or consortium of local educational agencies; or (D) a consortium of the entities described in subparagraphs (B) and (C). (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) State authorizer The term State authorizer means an entity designated by the Governor of a State to authorize teacher or school leader preparation academies within the State that— (A) enters into an agreement with a teacher or school leader preparation academy that— (i) specifies the goals expected of the academy, which, at a minimum, include the goals described in paragraph (4); and (ii) does not reauthorize the academy if such goals are not met; (B) may be a nonprofit organization, a State educational agency, or other public entity, or consortium of such entities (including a consortium of State educational agencies); and (C) has a timely and efficient approval process to approve or disapprove a teacher or school leader preparation academy. (4) Teacher or school leader preparation academy The term teacher or school leader preparation academy means a public or private entity, or a nonprofit or for-profit organization, which may be an institution of higher education or an organization affiliated with an institution of higher education, that will prepare teachers or school leaders to serve in schools, and that— (A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, including— (i) a requirement that prospective teachers or school leaders who are enrolled in a teacher or school leader preparation academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher or school leader, respectively, with a demonstrated record of increasing or producing high student achievement, while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher or school leader will become certified or licensed; (ii) the number of effective teachers or school leaders, respectively, who will demonstrate success in increasing or producing high student achievement that the academy will produce; and (iii) a requirement that a teacher or school leader preparation academy will only award a certificate of completion after the graduate demonstrates that the graduate is an effective teacher or school leader, respectively, with a demonstrated record of increasing or producing high student achievement, except that an academy may award a provisional certificate for the period necessary to allow the graduate to demonstrate such effectiveness; (B) does not have restrictions on the methods the academy will use to train prospective teacher or school leader candidates, including— (i) obligating (or prohibiting) the academy’s faculty to hold advanced degrees or conduct academic research; (ii) restrictions related to the academy's physical infrastructure; (iii) restrictions related to the number of course credits required as part of the program of study; (iv) restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (v) restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy; (C) limits admission to its program to prospective teacher or school leader candidates who demonstrate strong potential to improve student achievement, based on a rigorous selection process that reviews a candidate’s prior academic achievement or record of professional accomplishment; and (D) results in a certificate of completion that the State may recognize as at least the equivalent of a master’s degree in education for the purposes of hiring, retention, compensation, and promotion in the State. (5) Teacher residency program The term teacher residency program means a school-based teacher preparation program in which a prospective teacher— (A) for one academic year, teaches alongside an effective teacher, as determined by a teacher evaluation system implemented under part A, who is the teacher of record; (B) receives concurrent instruction during the year described in subparagraph (A) from the partner institution (as defined in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 )), which courses may be taught by local educational agency personnel or residency program faculty, in the teaching of the content area in which the teacher will become certified or licensed; and (C) acquires effective teaching skills. (6) Workforce critical subject The term workforce critical subject means an academic subject of urgent importance to the current and future workforce needs of the State, including science, technology, engineering, math, and any other subject that has been identified by the State, in consultation with employer, workforce, community, educator, parent and professional stakeholders. . (d) Part C Part C of title II ( 20 U.S.C. 6671 et seq. ) is amended— (1) by striking subparts 1 through 4; (2) by striking the heading relating to subpart 5; (3) by striking sections 2361 and 2368; (4) in section 2362, by striking principals and inserting school leaders ; (5) in section 2363(6)(A), by striking principal and inserting school leader ; (6) in section 2366(b), by striking ate law and inserting (3) A State law ; (7) by redesignating section 2362 as section 2361; (8) by redesignating sections 2364 through 2367 as sections 2362 through 2365, respectively; and (9) by redesignating section 2363 as section 2366 and transferring such section to appear after section 2365 (as so redesignated). (e) Part D Part D of title II ( 20 U.S.C. 6751 et seq. ) is amended to read as follows: D General Provisions 2401. Inclusion of charter schools In this title, the term local educational agency includes a charter school (as defined in section 6101) that, in the absence of this section, would not have received funds under this title. 2402. Parents’ Right to Know At the beginning of each school year, a local educational agency that receives funds under this title shall notify the parents of each student attending any school receiving funds under this title that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers any assessments mandated by the State educational agency or local educational agency for the student for that school year, and any local educational agency policy regarding student participation in such assessments. 2403. Supplement, not supplant Funds received under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. . 202. Conforming repeals (a) Conforming repeals Title II of the Higher Education Act of 1965 ( 20 U.S.C. 1021 et seq. ) is amended by repealing sections 201 through 204. (b) Effective date The repeals made by subsection (a) shall take effect October 1, 2015. III Parental Engagement and Local Flexibility 301. Parental engagement and local flexibility Title III ( 20 U.S.C. 6801 et seq. ) is amended to read as follows: III Parental Engagement and Local Flexibility A Parental Engagement 1 Charter School Program 3101. Sense of Congress; Purpose (a) Sense of Congress (1) Findings The Congress finds the following: (A) The number of public charter schools has dramatically increased in recent years. Between the 2008–2009 school year and the 2013–2014 school year, there was a 77 percent increase in the number of students attending public charter schools and a 39 percent increase in the number of schools. (B) Charter schools serve a very diverse population of students. Nationally, 57 percent of students enrolled in charter schools are minority students, while only 39 percent of students in non-charter public schools are minority students. (C) For the 2014–2015 school year, there are more than 6700 public charter schools serving about 2.9 million students. This represents a 4 percent growth in the number of open charter schools, and a 14 percent increase in student enrollment from the 2013–2014 school year. (D) There are more than one million student names on charter school waiting lists. (E) Charter schools are open in areas where students need better education options, including areas that serve economically disadvantaged kids. Almost 50 percent of the students attending charter schools qualify for free or reduced priced lunch, a slightly larger percentage than non-charter public schools. (F) Charter schools serve students in all areas, from urban cities to rural towns through traditional brick and mortar schools, blended learning models, and online programs, giving parents across the Nation options to find the best learning environment for their children. (G) Charter schools give parents the opportunity to find the right place for their child to learn. Whether they are looking for digital learning, Montessori, or a more structured environment, charter schools provide a variety of education options for families. (H) Charter schools have strong accountability to parents and the community because they have to meet the same State academic accountability requirements as all other public schools, satisfy the terms of their charter with their authorizing authority, and satisfy parents who have selected the school for their children. (2) Sense of Congress It is the sense of the Congress that charter schools are a critical part of our education system in this Nation and the Congress believes we must support opening more quality charter schools to help students succeed in their future. (b) Purpose It is the purpose of this subpart to— (1) improve the United States education system and education opportunities for all Americans by supporting innovation in public education in public school settings that prepare students to compete and contribute to the global economy and a stronger America; (2) provide financial assistance for the planning, program design, and initial implementation of charter schools; (3) expand the number of high-quality charter schools available to students across the Nation; (4) evaluate the impact of such schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount the States have typically provided for traditional public schools; (6) improve student services to increase opportunities for students with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet challenging State academic achievement standards; (7) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, oversight, monitoring, and evaluation of such schools; and (8) support quality accountability and transparency in the operational performance of all authorized public chartering agencies, which include State educational agencies, local educational agencies, and other authorizing entities. 3102. Program authorized (a) In general This subpart authorizes the Secretary to carry out a charter school program that supports charter schools that serve elementary school and secondary school students by— (1) supporting the startup of charter schools, and the replication and expansion of high-quality charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) charter school development; (B) the dissemination of best practices of charter schools for all schools; (C) the evaluation of the impact of the program on schools participating in the program; and (D) stronger charter school authorizing. (b) Funding Allotment From the amount made available under section 3(c)(1)(A) for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 3104; (2) reserve not more than 10 percent to carry out national activities under section 3105; and (3) use the remaining amount after the Secretary reserves funds under paragraphs (1) and (2) to carry out section 3103. (c) Prior grants and subgrants The recipient of a grant or subgrant under this subpart or subpart 2, as such subpart was in effect on the day before the date of the enactment of the Student Success Act, shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. (d) GAO report Not later than 3 years after the date of the enactment of the Student Success Act, the Comptroller General of the United States shall submit a report to the Secretary and Congress that— (1) examines whether the funds authorized to be reserved by State entities for administrative costs under section 3103(b)(1)(C) is appropriate; and (2) if such reservation of funds is determined not to be appropriate, makes recommendations on the appropriate reservation of funding for such administrative costs. 3103. Grants to support high-quality charter schools (a) In general From the amount reserved under section 3102(b)(3), the Secretary shall award grants to State entities having applications approved pursuant to subsection (f) to enable such entities to— (1) award subgrants to eligible applicants for opening and preparing to operate— (A) new charter schools; (B) replicated, high-quality charter school models; or (C) expanded, high-quality charter schools; and (2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1) and work with authorized public chartering agencies in the State to improve authorizing quality. (b) State uses of funds (1) In general A State entity receiving a grant under this section shall— (A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application approved pursuant to subsection (f), for the purposes described in subparagraphs (A) through (C) of subsection (a)(1); (B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (a)(2); and (C) reserve not more than 3 percent of such funds for administrative costs which may include technical assistance. (2) Contracts and grants A State entity may use a grant received under this section to carry out the activities described in subparagraphs (A) and (B) of paragraph (1) directly or through grants, contracts, or cooperative agreements. (3) Rule of construction Nothing in this Act shall prohibit the Secretary from awarding grants to States that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educationally disadvantaged students if— (A) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 6101(3)(G); and (B) such weighted lotteries are not used for the purpose of creating schools exclusively to serve a particular subset of students. (c) Program periods; peer review; grant number and amount; diversity of projects; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 5 years. (B) Subgrants A subgrant awarded by a State entity under this section shall be for a period of not more than 5 years, of which an eligible applicant may use not more than 18 months for planning and program design. (2) Peer Review The Secretary, and each State entity receiving a grant under this section, shall use a peer review process to review applications for assistance under this section. (3) Grant awards The Secretary shall— (A) for each fiscal year for which funds are appropriated under section 3(c)(1)(A)— (i) award not less than 3 grants under this section; (ii) wholly fund each grant awarded under this section, without making continuation awards; and (iii) fully obligate the funds appropriated for the purpose of awarding grants under this section in the fiscal year for which such grants are awarded; and (B) prior to the start of the final year of the grant period of each grant awarded under this section to a State entity, review whether the State entity is using the grant funds for the agreed upon uses of funds and whether the full amount of the grant will be needed for the remainder of the grant period and may, as determined necessary based on that review, terminate or reduce the amount of the grant and reallocate the remaining grant funds to other State entities during the succeeding grant competition under this section. (4) Diversity of Projects Each State entity receiving a grant under this section shall award subgrants under this section in a manner that, to the extent possible, ensures that such subgrants— (A) are distributed throughout different areas, including urban, suburban, and rural areas; and (B) will assist charter schools representing a variety of educational approaches. (5) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority, except for any such requirement relating to the elements of a charter school described in section 6101(3), if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such a waiver will promote the purposes of this subpart. (d) Limitations (1) Grants The Secretary shall not award a grant to a State entity under this section in a case in which such award would result in more than 1 grant awarded under this section being carried out in a State at the same time. (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section per individual charter school for a 5-year period, unless the eligible applicant demonstrates to the State entity not less than 3 years of improved educational results in the areas described in subparagraphs (A) and (D) of section 3110(7) for students enrolled in such charter school. (e) Applications A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) Description of Program A description of the State entity’s objectives under this section and how the objectives of the State entity’s quality charter school program will be carried out, including a description— (A) of how the State entity— (i) will support the opening of new charter schools, replicated, high-quality charter school models, or expanded, high-quality charter schools, and a description of the proposed number of each type of charter school or model, if applicable, to be opened under the State entity’s program; (ii) will inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) will work with eligible applicants to ensure that the eligible applicants access all Federal funds that they are eligible to receive, and help the charter schools supported by the applicants and the students attending the charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; and (III) meet the needs of students served under such programs, including students with disabilities and English learners; (iv) will have clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality schools; (v) in the case in which the State entity is not a State educational agency— (I) will work with the State educational agency and the charter schools in the State to maximize charter school participation in Federal and State programs for charter schools; and (II) will work with the State educational agency to adequately operate the State entity’s program under this section, where applicable; (vi) will ensure each eligible applicant that receives a subgrant under the State entity’s program to open and prepare to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school— (I) will ensure such school or model meets the requirements under section 6101(3); and (II) is prepared to continue to operate such school or model, in a manner consistent with the eligible applicant’s application, after the subgrant funds have expired; (vii) will support charter schools in local educational agencies with large numbers of schools identified by the State for improvement, including supporting the use of charter schools to improve, or in turning around, struggling schools; (viii) will work with charter schools to promote inclusion of all students, including eliminating any barriers to enrollment for foster youth or unaccompanied homeless youth, and support all students once they are enrolled to promote retention including through the use of fair disciplinary practice; (ix) will work with charter schools on recruitment practices, including efforts to engage groups that may otherwise have limited opportunities to participate in charter schools, and to ensure such schools do not have in effect policies or procedures that may create barriers to enrollment of students, including educationally disadvantaged students, and are in compliance with all Federal and State laws on enrollment practices; (x) will share best and promising practices between charter schools and other public schools, including, where appropriate, instruction and professional development in science, technology, engineering, and math education, including computer science, and other subjects; (xi) will ensure the charter schools receiving funds under the State entity’s program meet the educational needs of their students, including students with disabilities and English learners; (xii) will support efforts to increase quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(E); (xiii) in the case of a State entity not described in clause (xiv), will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, actively monitoring, and re-approving or revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes and regulations; (xiv) in the case of a State entity defined in subsection (i)(4), will work with the State to support the State’s system of assistance and oversight of authorized public chartering agencies for authorizing activity described in clause (xiii); and (xv) will work with eligible applicants receiving a subgrant under the State entity’s program to support the opening of charter schools or charter school models described in clause (i) that are secondary schools; (B) of the extent to which the State entity— (i) is able to meet and carry out the priorities listed in subsection (f)(2); (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools, replicated, high-quality charter school models, or expanded, high-quality charter schools; and (iii) is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and local educational agencies on the sharing of best practices; (C) of how the State entity will carry out the subgrant competition, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will submit, including— (I) a description of the roles and responsibilities of the eligible applicant, partner organizations, and management organizations, including the administrative and contractual roles and responsibilities; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a school’s performance in the State’s academic accountability system will be one of the most important factors for renewal or revocation of the school’s charter, and how the State entity and the authorized public chartering agency involved will reserve the right to revoke or not renew a school’s charter based on financial, structural, or operational factors involving the management of the school; (III) a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school that will receive funds under the State entity’s program; and (IV) a description of the planned activities and expenditures for the subgrant funds for purposes of opening and preparing to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school, and how the school or model will maintain financial sustainability after the end of the subgrant period; and (ii) a description of how the State entity will review applications; (D) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, of the roles and responsibilities of this partner; (E) of how the State entity will help the charter schools receiving funds under the State entity’s program consider the transportation needs of the schools’ students; and (F) of how the State entity will support diverse charter school models, including models that serve rural communities. (2) Assurances Assurances, including a description of how the assurances will be met, that— (A) each charter school receiving funds under the State entity’s program will have a high degree of autonomy over budget and operations; (B) the State entity will support charter schools in meeting the educational needs of their students as described in paragraph (1)(A)(xi); (C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program— (i) adequately monitors each such charter school in recruiting, enrolling, and meeting the needs of all students, including students with disabilities and English learners; and (ii) ensures that each such charter school solicits and considers input from parents and other members of the community on the implementation and operation of the school; (D) the State entity will provide adequate technical assistance to eligible applicants to— (i) meet the objectives described in clauses (viii) and (ix) of paragraph (1)(A) and subparagraph (B) of this paragraph; and (ii) recruit, enroll, and retain traditionally underserved students, including students with disabilities and English learners, at rates similar to traditional public schools; (E) the State entity will promote quality authorizing, such as through providing technical assistance and supporting all authorized public chartering agencies in the State to improve the oversight of their charter schools, including by— (i) assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attrition; (ii) reviewing the schools’ independent, annual audits of financial statements conducted in accordance with generally accepted accounting principles, and ensuring any such audits are publically reported; and (iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; (F) the State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and (G) The State entity will ensure that each charter school receiving funds under the State entity’s program makes publicly available, consistent with the dissemination requirements of the annual State report card, information to help parents make informed decisions about the education options available to their children, including information for each school on— (i) the educational program; (ii) student support services; (iii) annual performance and enrollment data, disaggregated by the groups of students described in section 1111(b)(3)(B)(ii)(II), except that such disaggregation shall not be required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; and (iv) any other information the State requires all other public schools to report for purposes of section 1111(h)(1)(D). (3) Requests for waivers A request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity’s program under this section or, in the case of a State entity defined in subsection (i)(4), a description of how the State entity will work with the State to request such necessary waivers, where applicable, and a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply to such schools. (f) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (e), after taking into consideration— (A) the degree of flexibility afforded by the State’s public charter school law and how the State entity will work to maximize the flexibility provided to charter schools under the law; (B) the ambitiousness of the State entity’s objectives for the quality charter school program carried out under this section; (C) the quality of the strategy for assessing achievement of those objectives; (D) the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students; (E) the State entity’s plan to— (i) adequately monitor the eligible applicants receiving subgrants under the State entity’s program; (ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and (iii) provide adequate technical assistance and support for— (I) the charter schools receiving funds under the State entity’s program; and (II) quality authorizing efforts in the State; and (F) the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of the charter schools in the State. (2) Priority In awarding grants under this section, the Secretary shall give priority to State entities to the extent that they meet the following criteria: (A) The State entity is located in a State— (i) that allows at least one entity that is not a local educational agency to be an authorized public chartering agency for developers seeking to open a charter school in the State; or (ii) in which local educational agencies are the only authorized public chartering agencies and that has an appeals process for the denial of an application for a charter school; (B) The State entity is located in a State that does not impose any limitation on the number or percentage of charter schools that may exist or the number or percentage of students that may attend charter schools in the State. (C) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. (D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies. (E) The State entity partners with an organization that has a demonstrated record of success in developing management organizations to support the development of charter schools in the State. (F) The State entity supports charter schools that support at-risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling practices. (G) The State entity authorizes all charter schools in the State to serve as school food authorities. (H) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. (I) The State entity is able to demonstrate that its State provides charter schools one or more of the following: (i) Funding for facilities. (ii) Assistance with the acquisition of facilities. (iii) Access to public facilities. (iv) The right of first refusal to purchase public school buildings. (v) Low or no cost leasing privileges. (g) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to carry out activities related to opening and preparing to operate a new charter school, a replicated, high-quality charter school model, or an expanded, high-quality charter school, such as— (1) preparing teachers and school leaders, including through professional development; (2) acquiring equipment, educational materials, and supplies; and (3) carrying out necessary renovations and minor facilities repairs (excluding construction). (h) Reporting requirements Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the 5-year grant period and at the end of such grant period, a report on— (1) the number of students served by each subgrant awarded under this section and, if applicable, how many new students were served during each year of the subgrant period; (2) the progress the State entity made toward meeting the priorities described in subsection (f)(2), as applicable; (3) how the State entity met the objectives of the quality charter school program described in the State entity’s application under subsection (e), including how the State entity met the objective of sharing best and promising practices described in subsection (e)(1)(A)(x) in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools, and the extent to which, if known, such practices were adopted and implemented by such other public schools; (4) how the State entity complied with, and ensured that eligible applicants complied with, the assurances described in the State entity’s application; (5) how the State entity worked with authorized public chartering agencies, including how the agencies worked with the management company or leadership of the schools that received subgrants under this section; (6) the number of subgrants awarded under this section to carry out each of the following: (A) the opening of new charter schools; (B) the opening of replicated, high-quality charter school models; and (C) the opening of expanded, high-quality charter schools; and (7) how the State entity has worked with charter schools receiving funds under the State entity’s program to foster community involvement in the planning for and opening of such schools. (i) State entity defined For purposes of this section, the term State entity means— (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. 3104. Facilities Financing Assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 3102(b)(1), the Secretary shall not use less than 50 percent to award grants to eligible entities that have the highest-quality applications approved under subsection (d), after considering the diversity of such applications, to demonstrate innovative methods of assisting charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined For purposes of this section, the term eligible entity means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee Selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant Characteristics Grants under subsection (a) shall be of a sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general To receive a grant under subsection (a), an eligible entity shall submit to the Secretary an application in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities proposed to be undertaken with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of public funding used and otherwise enhance credit available to charter schools, including how the eligible entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the eligible entity under subsection (a); (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the entity has taken, or will take, to ensure that charter schools within the State receive the funding the charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under subsection (a) shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private sector capital to accomplish one or more of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and which are necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools to accomplish the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in subsection (e). (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under subsection (a) and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of Earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with such paragraph. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial Record Maintenance and Audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) annually shall submit to the Secretary a report of its operations and activities under this section (excluding subsection (k)). (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities undertaken by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds which may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In General The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under subsection (a), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in subsection (f)(1). (2) Exercise of Authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act ( 20 U.S.C. 124 , 1234a, 1234g) shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ). (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely for funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount under section 3102(b)(1) remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent in the second such year; (iii) 60 percent in the third such year; (iv) 40 percent in the fourth such year; and (v) 20 percent in the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations to provide up to 50 percent of the State share of the cost of establishing or enhancing, and administering the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of such funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general Except as provided in clause (ii), to be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special Rule Notwithstanding clause (i), a State that is required under State law to provide its charter schools with access to adequate facility space, but which does not have a per-pupil facilities aid program for charter schools specified in State law, may be eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 3105. National Activities (a) In general Of the amount reserved under section 3102(b)(2), the Secretary shall— (1) use not less than 75 percent of such amount to award grants in accordance with subsection (b); and (2) use not more than 25 percent of such amount to— (A) provide technical assistance to State entities in awarding subgrants under section 3103, and eligible entities and States receiving grants under section 3104; (B) disseminate best practices; and (C) evaluate the impact of the charter school program, including the impact on student achievement, carried out under this subpart. (b) Grants (1) In general The Secretary shall make grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 3102(a)(1), subparagraphs (A) through (C) of section 3103(a)(1), and section 3103(g). (2) Terms and conditions Except as otherwise provided in this subsection, grants awarded under this subsection shall have the same terms and conditions as grants awarded to State entities under section 3103. (3) Charter management organizations The Secretary shall— (A) of the amount described in subsection (a)(1), use not less than 75 percent to make grants, on a competitive basis, to eligible applicants described in paragraph (4)(B); and (B) notwithstanding paragraphs (1)(A) and (2) of section 3103(f)— (i) award grants to eligible applicants on the basis of the quality of the applications submitted under this subsection; and (ii) in awarding grants to eligible applicants described in paragraph (4)(B) of this subsection, take into consideration whether such an eligible applicant— (I) demonstrates a high proportion of high-quality charter schools within the network of the eligible applicant; (II) demonstrates success in serving students who are educationally disadvantaged; (III) does not have a significant proportion of charter schools that have been closed, had their charter revoked for compliance issues, or had their affiliation with such eligible applicant revoked; (IV) has sufficient procedures in effect to ensure timely closure of low-performing or financially mismanaged charter schools and clear plans and procedures in effect for the students in such schools to attend other high-quality schools; and (V) demonstrates success in working with schools identified for improvement by the State. (4) Eligible applicant defined For purposes of this subsection, the term eligible applicant means an eligible applicant (as defined in section 3110) that— (A) desires to open a charter school in— (i) a State that did not apply for a grant under section 3103; or (ii) a State that did not receive a grant under section 3103; or (B) is a charter management organization. (c) Contracts and grants The Secretary may carry out any of the activities described in this section directly or through grants, contracts, or cooperative agreements. 3106. Federal formula allocation during first year and for successive enrollment expansions (a) In General For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion. (b) Adjustment and Late Openings (1) In general The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on the basis of estimated or projected enrollment data exceed the amounts that the school is eligible to receive on the basis of actual or final enrollment data. (2) Rule For charter schools that first open after November 1 of any academic year, the State, in accordance with guidance provided by the Secretary and applicable Federal statutes and regulations, shall ensure that such charter schools that are eligible for the funds described in subsection (a) for such academic year have a full and fair opportunity to receive those funds during the charter schools' first year of operation. 3107. Solicitation of input from charter school operators To the extent practicable, the Secretary shall ensure that administrators, teachers, and other individuals directly involved in the operation of charter schools are consulted in the development of any rules or regulations required to implement this subpart, as well as in the development of any rules or regulations relevant to charter schools that are required to implement part A of title I, the Individuals with Disabilities Education Act, or any other program administered by the Secretary that provides education funds to charter schools or regulates the activities of charter schools. 3108. Records transfer State educational agencies and local educational agencies, as quickly as possible and to the extent practicable, shall ensure that a student's records and, if applicable, a student's individualized education program as defined in section 602(14) of the Individuals with Disabilities Education Act, are transferred to a charter school upon the transfer of the student to the charter school, and to another public school upon the transfer of the student from a charter school to another public school, in accordance with applicable State law. 3109. Paperwork reduction To the extent practicable, the Secretary and each authorized public chartering agency shall ensure that implementation of this subpart results in a minimum of paperwork for any eligible applicant or charter school. 3110. Definitions In this subpart: (1) Charter management organization The term charter management organization means a nonprofit organization that manages a network of charter schools linked by centralized support, operations, and oversight. (2) Charter school support organization The term charter school support organization means a nonprofit, nongovernmental entity that is not an authorized public chartering agency, which provides on a statewide basis— (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to charter schools to operate such schools. (3) Developer The term developer means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. (4) Eligible applicant The term eligible applicant means a developer that has— (A) applied to an authorized public chartering authority to operate a charter school; and (B) provided adequate and timely notice to that authority. (5) Authorized public chartering agency The term authorized public chartering agency means a State educational agency, local educational agency, or other public entity that has the authority pursuant to State law and approved by the Secretary to authorize or approve a charter school. (6) Expanded, high-quality charter school The term expanded, high-quality charter school means a high-quality charter school that has either significantly increased its enrollment or added one or more grades to its school. (7) High-quality charter school The term high-quality charter school means a charter school that— (A) shows evidence of strong academic results, which may include strong academic growth as determined by a State; (B) has no significant issues in the areas of student safety, operational and financial management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, consistent with the requirements under title I, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for the groups of students described in section 1111(b)(3)(B)(ii)(II), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (8) Replicated, high-quality charter school model The term replicated, high-quality charter school model means a high-quality charter school that has opened a new campus under an existing charter or an additional charter if required or permitted by State law. 2 Magnet School Assistance 3121. Purpose The purpose of this subpart is to assist in the desegregation of schools served by local educational agencies by providing financial assistance to eligible local educational agencies for— (1) the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students, which shall include assisting in the efforts of the United States to achieve voluntary desegregation in public schools; (2) the development and implementation of magnet school programs that will assist local educational agencies in achieving systemic reforms and providing all students the opportunity to meet State academic standards; (3) the development and design of innovative educational methods and practices that promote diversity and increase choices in public elementary schools and public secondary schools and public educational programs; (4) courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the attainment of tangible and marketable career, technical, and professional skills of students attending such schools; (5) improving the ability of local educational agencies, including through professional development, to continue operating magnet schools at a high performance level after Federal funding for the magnet schools is terminated; and (6) ensuring that students enrolled in the magnet school programs have equitable access to a quality education that will enable the students to succeed academically and continue with postsecondary education or employment. 3122. Definition For the purpose of this subpart, the term magnet school means a public elementary school, public secondary school, public elementary education center, or public secondary education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. 3123. Program authorized From the amount appropriated under section 3(c)(1)(B), the Secretary, in accordance with this subpart, is authorized to award grants to eligible local educational agencies, and consortia of such agencies where appropriate, to carry out the purpose of this subpart for magnet schools that are— (1) part of an approved desegregation plan; and (2) designed to bring students from different social, economic, ethnic, and racial backgrounds together. 3124. Eligibility A local educational agency, or consortium of such agencies where appropriate, is eligible to receive a grant under this subpart to carry out the purpose of this subpart if such agency or consortium— (1) is implementing a plan undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, that requires the desegregation of minority-group-segregated children or faculty in the elementary schools and secondary schools of such agency; or (2) without having been required to do so, has adopted and is implementing, or will, if a grant is awarded to such local educational agency, or consortium of such agencies, under this subpart, adopt and implement a plan that has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority-group-segregated children or faculty in such schools. 3125. Applications and requirements (a) Applications An eligible local educational agency, or consortium of such agencies, desiring to receive a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (b) Information and assurances Each application submitted under subsection (a) shall include— (1) a description of— (A) how a grant awarded under this subpart will be used to promote desegregation, including how the proposed magnet school programs will increase interaction among students of different social, economic, ethnic, and racial backgrounds; (B) the manner and extent to which the magnet school program will increase student academic achievement in the instructional area or areas offered by the school; (C) how the applicant will continue the magnet school program after assistance under this subpart is no longer available, and, if applicable, an explanation of why magnet schools established or supported by the applicant with grant funds under this subpart cannot be continued without the use of grant funds under this subpart; (D) how grant funds under this subpart will be used— (i) to improve student academic achievement for all students attending the magnet school programs; and (ii) to implement services and activities that are consistent with other programs under this Act, and other Acts, as appropriate; and (E) the criteria to be used in selecting students to attend the proposed magnet school program; and (2) assurances that the applicant will— (A) use grant funds under this subpart for the purposes specified in section 3121; (B) employ effective teachers in the courses of instruction assisted under this subpart; (C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in— (i) the hiring, promotion, or assignment of employees of the applicant or other personnel for whom the applicant has any administrative responsibility; (ii) the assignment of students to schools, or to courses of instruction within the schools, of such applicant, except to carry out the approved plan; and (iii) designing or operating extracurricular activities for students; (D) carry out a quality education program that will encourage greater parental decisionmaking and involvement; and (E) give students residing in the local attendance area of the proposed magnet school program equitable consideration for placement in the program, consistent with desegregation guidelines and the capacity of the applicant to accommodate the students. (c) Special rule No grant shall be awarded under this subpart unless the Assistant Secretary of Education for Civil Rights determines that the assurances described in subsection (b)(2)(C) will be met. 3126. Priority In awarding grants under this subpart, the Secretary shall give priority to applicants that— (1) demonstrate the greatest need for assistance, based on the expense or difficulty of effectively carrying out approved desegregation plans and the magnet school program for which the grant is sought; (2) propose to carry out new magnet school programs, or significantly revise existing magnet school programs; (3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and (4) propose to serve the entire student population of a school. 3127. Use of funds (a) In general Grant funds made available under this subpart may be used by an eligible local educational agency, or consortium of such agencies— (1) for planning and promotional activities directly related to the development, expansion, continuation, or enhancement of academic programs and services offered at magnet schools; (2) for the acquisition of books, materials, and equipment, including computers and the maintenance and operation of materials, equipment, and computers, necessary to conduct programs in magnet schools; (3) for the compensation, or subsidization of the compensation, of elementary school and secondary school teachers, and instructional staff where applicable, who are necessary to conduct programs in magnet schools; (4) with respect to a magnet school program offered to less than the entire student population of a school, for instructional activities that— (A) are designed to make available the special curriculum that is offered by the magnet school program to students who are enrolled in the school but who are not enrolled in the magnet school program; and (B) further the purpose of this subpart; (5) for activities, which may include professional development, that will build the recipient’s capacity to operate magnet school programs once the grant period has ended; (6) to enable the local educational agency, or consortium of such agencies, to have more flexibility in the administration of a magnet school program in order to serve students attending a school who are not enrolled in a magnet school program; and (7) to enable the local educational agency, or consortium of such agencies, to have flexibility in designing magnet schools for students in all grades. (b) Special rule Grant funds under this subpart may be used for activities described in paragraphs (2) and (3) of subsection (a) only if the activities are directly related to improving student academic achievement based on the State’s academic standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving career, technical, and professional skills. 3128. Limitations (a) Duration of awards A grant under this subpart shall be awarded for a period that shall not exceed 3 fiscal years. (b) Limitation on planning funds A local educational agency, or consortium of such agencies, may expend for planning (professional development shall not be considered to be planning for purposes of this subsection) not more than 50 percent of the grant funds received under this subpart for the first year of the program and not more than 15 percent of such funds for each of the second and third such years. (c) Amount No local educational agency, or consortium of such agencies, awarded a grant under this subpart shall receive more than $4,000,000 under this subpart for any 1 fiscal year. (d) Timing To the extent practicable, the Secretary shall award grants for any fiscal year under this subpart not later than July 1 of the applicable fiscal year. 3129. Evaluations (a) Reservation The Secretary may reserve not more than 2 percent of the funds appropriated under section 3(c)(1)(B) for any fiscal year to carry out evaluations, provide technical assistance, and carry out dissemination projects with respect to magnet school programs assisted under this subpart. (b) Contents Each evaluation described in subsection (a), at a minimum, shall address— (1) how and the extent to which magnet school programs lead to educational quality and academic improvement; (2) the extent to which magnet school programs enhance student access to a quality education; (3) the extent to which magnet school programs lead to the elimination, reduction, or prevention of minority group isolation in elementary schools and secondary schools with substantial proportions of minority students; and (4) the extent to which magnet school programs differ from other school programs in terms of the organizational characteristics and resource allocations of such magnet school programs. (c) Dissemination The Secretary shall collect and disseminate to the general public information on successful magnet school programs. 3130. Reservation In any fiscal year for which the amount appropriated under section 3(c)(1)(B) exceeds $75,000,000, the Secretary shall give priority in using such amounts in excess of $75,000,000 to awarding grants to local educational agencies or consortia of such agencies that did not receive a grant under this subpart in the preceding fiscal year. 3 Family Engagement in Education Programs 3141. Purposes The purposes of this subpart are the following: (1) To provide financial support to organizations to provide technical assistance and training to State and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. (2) To assist State educational agencies, local educational agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, school leaders, administrators, and other school personnel in meeting the educational needs of children and fostering greater parental engagement. (3) To support State educational agencies, local educational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their children’s school in order to further the developmental progress of children. (4) To coordinate activities funded under this subpart with parent involvement initiatives funded under section 1118 and other provisions of this Act. (5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education. 3142. Grants authorized (a) Statewide family engagement centers From the amount appropriated under section 3(c)(1)(C), the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organizations), to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out, or carry out directly, parent education and family engagement in education programs. (b) Minimum award In awarding grants under this section, the Secretary shall, to the extent practicable, ensure that a grant is awarded for a Statewide Family Engagement Center in an amount not less than $500,000. 3143. Applications (a) Submissions Each statewide organization, or a consortium of such organizations, that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and including the information described in subsection (b). (b) Contents Each application submitted under subsection (a) shall include, at a minimum, the following: (1) A description of the applicant’s approach to family engagement in education. (2) A description of the support that the Statewide Family Engagement Center that will be operated by the applicant will have from the State educational agency and any partner organization outlining the commitment to work with the center. (3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes— (A) management and governance; (B) statewide leadership; or (C) systemic services for family engagement in education. (4) A description of the applicant’s demonstrated experience in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. (5) A description of the steps the applicant will take to target services to low-income students and parents. (6) An assurance that the applicant will— (A) establish a special advisory committee, the membership of which includes— (i) parents, who shall constitute a majority of the members of the special advisory committee; (ii) representatives of education professionals with expertise in improving services for disadvantaged children; (iii) representatives of local elementary schools and secondary schools, including students; (iv) representatives of the business community; and (v) representatives of State educational agencies and local educational agencies; (B) use not less than 65 percent of the funds received under this subpart in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students; (C) operate a Statewide Family Engagement Center of sufficient size, scope, and quality to ensure that the Center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (D) ensure that the Center will retain staff with the requisite training and experience to serve parents in the State; (E) serve urban, suburban, and rural local educational agencies and schools; (F) work with— (i) other Statewide Family Engagement Centers assisted under this subpart; and (ii) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; (G) use not less than 30 percent of the funds received under this subpart for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; (H) provide assistance to State educational agencies and local educational agencies and community-based organizations that support family members in supporting student academic achievement; (I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of services to address such needs; (J) conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult time engaging with a school or local educational agency; and (K) conduct outreach to low-income students and parents, including low-income students and parents who are not proficient in English. (7) An assurance that the applicant will conduct training programs in the community to improve adult literacy, including financial literacy. 3144. Uses of funds (a) In general Grantees shall use grant funds received under this subpart, based on the needs determined under section 3143(b)(6)(I), to provide training and technical assistance to State educational agencies, local educational agencies, and organizations that support family-school partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents— (1) to assist parents in participating effectively in their children’s education and to help their children meet State standards, such as assisting parents— (A) to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; (B) to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel; (C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D) to participate in the design and provision of assistance to students who are not making academic progress; (E) to participate in State and local decisionmaking; (F) to train other parents; and (G) to help the parents learn and use technology (including education about the harms of copyright piracy), applied in their children's education; (2) to develop and implement, in partnership with the State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; and (3) to develop and implement parental involvement policies under this Act. (b) Matching funds for grant renewal For each fiscal year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that a portion of the services provided by the organization or consortium is supported through non-Federal contributions, which may be in cash or in-kind. (c) Technical assistance The Secretary shall reserve not more than 2 percent of the funds appropriated under section 3(c)(1)(C) to carry out this subpart to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordination of Statewide Family Engagement Centers. (d) Rule of construction Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— (1) having its employees or agents meet with a parent at a site that is not on school grounds; or (2) working with another agency that serves children. (e) Parental rights Notwithstanding any other provision of this section— (1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2) no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children. 3145. Family engagement in Indian schools The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with local Indian nonprofit parent organizations to establish and operate Family Engagement Centers. B Local Academic Flexible Grant 3201. Purpose The purpose of this part is to— (1) provide local educational agencies with the opportunity to access funds to support the initiatives important to their schools and students to improve academic achievement and student engagement, including protecting student safety; and (2) provide nonprofit and for-profit entities the opportunity to work with students to improve academic achievement and student engagement, including student safety. 3202. Allotments to States (a) Reservations From the funds appropriated under section 3(c)(2) for any fiscal year, the Secretary shall reserve— (1) not more than one-half of 1 percent for national activities to provide technical assistance to eligible entities in carrying out programs under this part; and (2) not more than one-half of 1 percent for payments to the outlying areas and the Bureau of Indian Education, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part. (b) State allotments (1) Determination From the funds appropriated under section 3(c)(2) for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under chapter B of subpart 1 of part A of title I for the preceding fiscal year bears to the amount all States received under that chapter for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. (2) Reallotment of unused funds If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section. (c) State use of funds (1) In general Each State that receives an allotment under this part shall reserve not less than 75 percent of the amount allotted to the State under subsection (b) for each fiscal year for awards to eligible entities under section 3204. (2) Awards to nongovernmental entities to improve student academic achievement Each State that receives an allotment under subsection (b) for each fiscal year shall reserve not less than 8 percent of the amount allotted to the State for awards to nongovernmental entities under section 3205. (3) State activities and State administration A State educational agency may reserve not more than 17 percent of the amount allotted to the State under subsection (b) for each fiscal year for the following: (A) Not more than 5 percent of such amount for each fiscal year for— (i) the administrative costs of carrying out its responsibilities under this part; (ii) monitoring and evaluation of programs and activities assisted under this part; (iii) providing training and technical assistance under this part; (iv) statewide academic focused programs; or (v) sharing evidence-based and other effective strategies with eligible entities. (B) To do one or more of the following: (i) To pay the costs of developing the State assessments and standards required under section 1111(b), which may include the costs of working, at the sole discretion of the State, in voluntary partnerships with other States to develop such assessments and standards. (ii) If the State has developed the assessments and standards required under section 1111(b), to administer those assessments or carry out other activities related to ensuring that the State’s schools and local educational agencies are helping students meet the State’s academic standards under such section. (iii) To conduct an audit of State assessments and report, in a publicly available format, the findings of such audit, which may include assessment purposes, costs, schedule of administration and dissemination of results, description of alignment with the State’s academic standards, and description of policies for inclusion of all students. (iv) To develop and implement a plan to improve the State assessment system, which may include efforts, if appropriate as determined by the State— (I) to reduce the number of assessments administered; (II) to provide professional development on assessment and data literacy; (III) to ensure the quality, validity, and reliability of assessments; or (IV) to improve the use of assessments by decreasing the time between administering assessments and releasing assessment data. (C) Not more than 5 percent of such amount for each fiscal year for awarding blended learning projects under paragraph (4). (D) Awarding grants for the creation and distribution of open access textbooks and open educational resources. (4) Blended learning projects (A) In general From the amount of funds a State educational agency reserves under subsection (c)(3) for each fiscal year to carry out this paragraph, the State educational agency shall award grants on a competitive basis to eligible entities in the State to carry out blended learning projects described in this paragraph. (B) Geographic diversity In awarding grants under this paragraph, a State educational agency shall distribute funds equitably among geographic areas of the State, including rural and urban communities. (C) Application An eligible entity desiring to receive a grant under this paragraph shall submit an application to the State educational agency at such time and in such manner as the agency may require, and which describes— (i) the blended learning project to be carried out by the eligible entity, including the design of the instructional model to be carried out by the eligible entity and how such eligible entity will use funds provided under this paragraph to carry out the project; (ii) in the case of an eligible entity described in subclause (I), (II), or (IV) of subparagraph (F)(ii), the schools that will participate in the project; (iii) the expected impact on student academic achievement; (iv) how the eligible entity will ensure sufficient information technology is available to carry out the project; (v) how the eligible entity will ensure sufficient digital instructional resources are available to students participating in the project; (vi) the ongoing professional development to be provided for teachers, school leaders, and other personnel carrying out the project; (vii) the State policies and procedures for which the eligible entity requests waivers from the State to carry out the project, which may include requests for the waivers described in section 3203(a)(11)(B); (viii) as appropriate, how the eligible entity will use the blended learning project to improve instruction and access to the curriculum for diverse groups of students, including students with disabilities and students who are limited English proficient; (ix) how the eligible entity will evaluate the project in terms of student academic achievement and publicly report the results of such evaluation; and (x) how the eligible entity will sustain the project beyond the grant period. (D) Uses of funds An eligible entity receiving a grant under this paragraph shall use such grant to carry out a blended learning project, which shall include at least 1 of the following activities: (i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. (ii) Ongoing professional development for teachers, school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project. (E) Non-Federal match A State educational agency that carries out a grant program under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the grant funds awarded by the State educational agency to eligible entities under this paragraph. (F) Definitions In this paragraph: (i) Blended learning project The term blended learning project means a formal education program— (I) that includes an element of online learning, and instructional time in a supervised location away from home; (II) that includes an element of student control over time, path, or pace; and (III) in which the elements are connected to provide an integrated learning experience. (ii) Eligible entity The term eligible entity means a— (I) local educational agency; (II) educational service agency; (III) charter school; or (IV) consortium of the entities described in subclause (I), (II), or (III), which may be in partnership with a for-profit or nonprofit entity. 3203. State application (a) In general In order to receive an allotment under section 3202 for any fiscal year, a State educational agency shall submit to the Secretary, at such time as the Secretary may require, an application that— (1) describes how the State educational agency will use funds reserved for State-level activities, including how, if any, of the funds will be used to support student safety; (2) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include reviewing how the proposed project will help increase student academic achievement and student engagement; (3) describes how the State educational agency will ensure that awards made under this part are— (A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and (B) in amounts that are consistent with section 3204(f); (4) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, and dissemination of evidence-based and other effective strategies; (5) describes how the State educational agency will consider students across all grades when making these awards; (6) an assurance that, other than providing technical and advisory assistance and monitoring compliance with this part, the State educational agency has not exercised and will not exercise any influence in the decisionmaking process of eligible entities as to the expenditure of funds received by the eligible entities under this part; (7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; (8) contains an assurance that the State educational agency— (A) will make awards for programs for a period of not more than 5 years; and (B) will require each eligible entity seeking such an award to submit a plan describing how the project to be funded through the award will continue after funding under this part ends, if applicable; (9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, State and local public funds expended to provide programs and activities authorized under this part and other similar programs; (10) an assurance that the State will support projects from each of the categories listed in section 3204(b)(1)(D) in awarding subgrants to local educational agencies; and (11) in the case of a State that will carry out a program to award grants under section 3202(c)(4), a description of the program, which shall include— (A) the criteria the State will use to award grants under such section to eligible entities to carry out blended learning projects; (B) the State policies and procedures to be waived by the State, consistent with Federal law, for such eligible entities to carry out such projects, which may include waivers with respect to— (i) restrictions on class sizes; (ii) restrictions on licensing or credentialing of personnel supervising student work in such projects; (iii) restrictions on the use of State funding for instructional materials for the purchase of digital instructional resources; (iv) restrictions on advancing students based on demonstrated mastery of learning outcomes, rather than seat-time requirements; and (v) restrictions on secondary school students in the State enrolling in online coursework; (C) how the State will inform eligible entities of the availability of the waivers described in subparagraph (B); and (D) how the State will provide the non-Federal match required under section 3202(c)(4)(E). (b) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. (c) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (d) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance, and, in such notification, shall— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (e) Response If the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (b). (f) Failure To respond If the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. (g) Rule of Construction An application submitted by a State educational agency pursuant to subsection (a) shall not be approved or disapproved based upon the activities for which the agency may make funds available to eligible entities under section 3204 if the agency’s use of funds is consistent with section 3204(b). 3204. Local competitive grant program (a) In general A State that receives funds under this part for a fiscal year shall provide the amount made available under section 3202(c)(1) to eligible entities in accordance with this section. (b) Use of funds (1) In general An eligible entity that receives an award under this part shall use the funds for activities that— (A) are evidence-based; (B) will improve student academic achievement and student engagement; (C) are allowable under State law; and (D) focus on one or more projects from the following three categories: (i) Supplemental student support activities such as before, after, or summer school activities, tutoring, and expanded learning time, but not including athletics or in-school learning activities. (ii) Activities designed to support students, such as academic subject specific programs including computer science and other science, technology (including education about the harms of copyright piracy), engineering, and mathematics programs, arts education, civic education, and adjunct teacher, extended-learning-time, and dual enrollment programs, and parent engagement, but not including activities to— (I) support smaller class sizes or construction; or (II) provide compensation or benefits to teachers, school leaders, other school officials, or local educational agency staff. (iii) Accountability-based programs and activities that are designed to enhance school safety, which may include research-based bullying prevention, cyberbullying prevention, disruption of recruitment activity by groups or individuals involved in violent extremism, and gang prevention programs, as well as intervention programs regarding bullying. (2) Streamlining assessment systems An eligible entity that receives an award under this part may use such funds— (A) to conduct an audit of the local assessments administered by the local educational agency and report, in a publicly available format, the findings of such audit, which may include such findings as described under section 3202(c)(3)(B)(iii); and (B) to develop and implement a plan, in collaboration with local stakeholders, which may include efforts, if appropriate as determined by the eligible entity, as described under section 3202(c)(3)(B)(iv). (3) Participation of children enrolled in private schools An eligible entity that receives an award under this part shall ensure compliance with section 6501 (relating to participation of children enrolled in private schools). (c) Application (1) In general To be eligible to receive an award under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require, including the contents required by paragraph (2). (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the activities to be funded and how they are consistent with subsection (b), including any activities that will increase student safety; (B) an assurance that funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant State, local, or non-Federal funds; (C) an assurance that the community will be given notice of an intent to submit an application with an opportunity for comment, and that the application will be available for public review after submission of the application; and (D) an assurance that students who benefit from any activity funded under this part shall continue to maintain enrollment in a public elementary or secondary school. (d) Review In reviewing local applications under this section, a State educational agency shall use a peer review process or other methods of assuring the quality of such applications but the review shall be limited to the likelihood that the project will increase student academic achievement and student engagement. (e) Geographic diversity A State educational agency shall distribute funds under this part equitably among geographic areas within the State, including rural, suburban, and urban communities. (f) Award A grant shall be awarded to all eligible entities that submit an application that meets the requirements of this section in an amount that is not less than $10,000, but there shall be only one annual award granted to any one local educational agency, but such award may be for multiple projects or programs with the local educational agency. (g) Duration of awards Grants under this part may be awarded for a period of not more than 5 years. (h) Eligible entity defined In this section, the term eligible entity means— (1) a local educational agency in partnership with a community-based organization, institution of higher education, business entity, or nongovernmental entity; (2) a consortium of local educational agencies working in partnership with a community-based organization, institution of higher education, business entity, or nongovernmental entity; (3) a community-based organization or institution of higher education in partnership with a local educational agency and, if applicable, a business entity or nongovernmental entity; or (4) a business entity in partnership with a local educational agency and, if applicable, a community-based organization, institution of higher education, or nongovernmental entity. 3205. Awards to nongovernmental entities to improve academic achievement (a) In general From the amount reserved under section 3202(c)(2) , a State educational agency shall award grants to nongovernmental entities, including public or private organizations, community-based or faith-based organizations, institutions of higher education, and business entities for a program or project to increase the academic achievement and student engagement of public school students attending public elementary or secondary schools (or both) in compliance with the requirements in this section. Subject to the availability of funds, the State educational agency shall award a grant to each eligible applicant that meets the requirements in a sufficient size and scope to support the program. (b) Application The State educational agency shall require an application that includes the following information: (1) A description of the program or project the applicant will use the funds to support. (2) A description of how the applicant is using or will use other State, local, or private funding to support the program or project. (3) A description of how the program or project will help increase student academic achievement and student engagement, including the evidence to support this claim. (4) A description of the student population the program or project is targeting to impact, and if the program will prioritize students in high-need local educational agencies. (5) A description of how the applicant will conduct sufficient outreach to ensure students can participate in the program or project. (6) A description of any partnerships the applicant has entered into with local educational agencies or other entities the applicant will work with, if applicable. (7) A description of how the applicant will work to share evidence-based and other effective strategies from the program or project with local educational agencies and other entities working with students to increase academic achievement. (8) An assurance that students who benefit from any program or project funded under this section shall continue to maintain enrollment in a public elementary or secondary school. (c) Matching contribution An eligible applicant receiving a grant under this section shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant. (d) Review The State educational agency shall review the application to ensure that— (1) the applicant is an eligible applicant; (2) the application clearly describes the required elements in subsection (b) ; (3) the entity meets the matching requirement described in subsection (c) ; and (4) the program is allowable and complies with Federal, State, and local laws. (e) Distribution of funds If the application requests exceed the funds available, the State educational agency shall prioritize projects that support students in high-need local educational agencies and ensure geographic diversity, including serving rural, suburban, and urban areas. (f) Administrative costs Not more than 1 percent of a grant awarded under this section may be used for administrative costs. 3206. Report Each recipient of a grant under section 3204 or 3205 shall report to the State educational agency on— (1) the success of the program in reaching the goals of the program; (2) a description of the students served by the program and how the students’ academic achievement improved; and (3) the results of any evaluation conducted on the success of the program. . IV Impact Aid 401. Purpose Section 8001 ( 20 U.S.C. 7701 ) is amended by striking challenging State standards and inserting State academic standards . 402. Payments relating to Federal acquisition of real property Section 8002 ( 20 U.S.C. 7702 ) is amended— (1) in subsection (a)(1)(C), by amending the matter preceding clause (i) to read as follows: (C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of— ; (2) in subsection (b)(1)(B), by striking section 8014(a) and inserting section 3(d)(1) ; (3) by amending subsection (f) to read as follows: (f) Special Rule Beginning with fiscal year 2014, a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if records to determine eligibility under such subsection were destroyed prior to fiscal year 2000 and the agency received funds under subsection (b) in the previous year. ; (4) by amending subsection (g) to read as follows: (g) Former districts (1) Consolidations For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in subsection (b) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible Local Educational Agencies A local educational agency referred to in subsection (a) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or (B) a local educational agency formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation, if— (i) for fiscal years 2006 through 2015 the local educational agency notified the Secretary not later than 30 days after the date of the enactment of this Act; and (ii) for fiscal year 2016 the local educational agency includes the designation in its application under section 8005 or any timely amendment to such application. (3) Amount A local educational agency eligible under subsection (b) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), except that the foundation payment shall be calculated based on the most recent payment received by the local educational based on its former common status. ; (5) in subsection (h)— (A) in paragraph (2)— (i) in subparagraph (C)(ii), by striking section 8014(a) and inserting section 3(d)(1) ; and (ii) in subparagraph (D), by striking section 8014(a) and inserting section 3(d)(1) ; and (B) in paragraph (4), by striking Impact Aid Improvement Act of 2012 and inserting Student Success Act ; (6) by repealing subsections (k) and (m); (7) by redesignating subsection (l) as subsection (j); (8) by amending subsection (j) (as so redesignated) by striking (h)(4)(B) and inserting (h)(2) ; and (9) by redesignating subsection (n) as subsection (k). 403. Payments for eligible federally connected children (a) Computation of payment Section 8003(a) ( 20 U.S.C. 7703(a) ) is amended— (1) in the matter preceding subparagraph (A) of paragraph (1), by inserting after schools of such agency the following: (including those children enrolled in such agency as a result of the open enrollment policy of the State in which the agency is located, but not including children who are enrolled in a distance education program at such agency and who are not residing within the geographic boundaries of such agency) ; and (2) in paragraph (5)(A), by striking 1984 and all that follows through situated and inserting 1984, or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B) if the property described is within the fenced security perimeter of the military facility or attached to and under any type of force protection agreement with the military installation upon which such housing is situated . (b) Basic support payments for heavily impacted local educational agencies Section 8003(b) ( 20 U.S.C. 7703(b) ) is amended— (1) by striking section 8014(b) each place it appears and inserting section 3(d)(2) ; (2) in paragraph (1), by repealing subparagraph (E); (3) in paragraph (2)— (A) in subparagraph (B)— (i) by striking continuing in the heading; (ii) by amending clause (i) to read as follows: (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency— (aa) whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and (bb) that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for any agency that has a total student enrollment less than 500, 150 percent of the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; (III) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent; (bb) for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; and (cc) has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which— (aa) not less than 50 percent are children described in subsection (a)(1); and (bb) not less than 5,500 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (V) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent of the total student enrollment of the agency; and (bb) was eligible to receive assistance under subparagraph (A) for fiscal year 2001. ; and (iii) in clause (ii)— (I) by striking A heavily and inserting the following: (I) In general Subject to subclause (II), a heavily ; and (II) by adding at the end the following: (II) Loss of eligibility due to falling below 95 percent of the average tax rate for general fund purposes In a case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii). ; (B) by striking subparagraph (C); (C) by redesignating subparagraphs (D) through (H) as subparagraphs (C) through (G), respectively; (D) in subparagraph (C) (as so redesignated)— (i) in the heading, by striking regular ; (ii) by striking Except as provided in subparagraph (E) and inserting Except as provided in subparagraph (D) ; (iii) by amending subclause (I) of clause (ii) to read as follows: (I) (aa) For a local educational agency with respect to which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency’s total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Notwithstanding subitem (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency’s total enrollment. ; and (iv) by amending subclause (III) of clause (ii) by striking (B)(i)(II)(aa) and inserting subparagraph (B)(i)(I) ; (E) in subparagraph (D)(i)(II) (as so redesignated), by striking 6,000 and inserting 5,500 ; (F) in subparagraph (E) (as so redesignated)— (i) by striking Secretary and all that follows through shall use and inserting Secretary shall use ; (ii) by striking ; and and inserting a period; and (iii) by striking clause (ii); (G) in subparagraph (F) (as so redesignated), by striking subparagraph (C)(i)(II)(bb) and inserting subparagraph (B)(i)(II)(bb)(BB) ; and (H) in subparagraph (G) (as so redesignated)— (i) in clause (i)— (I) by striking subparagraph (B), (C), (D), or (E) and inserting subparagraph (B), (C), or (D) ; (II) by striking by reason of and inserting due to ; (III) by inserting after clause (iii) the following , or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation ; and (IV) by inserting before the period, the following: or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing ; and (ii) in clause (ii), by striking (D) or (E) each place it appears and inserting (C) or (D) ; (4) in paragraph (3)— (A) in subparagraph (B)— (i) by amending clause (iii) to read as follows: (iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, but which enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and which received a final payment in fiscal year 2009 calculated under this paragraph (as this paragraph was in effect on the day before the date of the enactment of the Student Success Act) for students in grades 9 through 12, the Secretary shall, in calculating the agency’s payment, consider only that portion of such agency’s total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II). ; and (ii) by adding at the end the following: (v) In the case of a local educational agency that is providing a program of distance education to children not residing within the geographic boundaries of the agency, the Secretary shall— (I) for purposes of the calculation under clause (i)(I), disregard such children from the total number of children in average daily attendance at the schools served by such agency; and (II) for purposes of the calculation under clause (i)(II), disregard any funds received for such children from the total current expenditures for such agency. ; (B) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), as the case may be and inserting paragraph (2)(D) ; (C) by amending subparagraph (D) to read as follows: (D) Ratable distribution For any fiscal year described in subparagraph (A) for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraph (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment as calculated under subparagraphs (B) and (C) of the agency. ; and (D) by inserting at the end the following new subparagraphs: (E) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated under section 3(d)(2) are insufficient to pay each local educational agency all of the local educational agency’s threshold payment described in subparagraph (D), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (F) Increases If the sums appropriated under section 3(d)(2) are sufficient to increase the threshold payment above the 100 percent threshold payment described in subparagraph (D), then the Secretary shall increase payments on the same basis as such payments were reduced, except no local educational agency may receive a payment amount greater than 100 percent of the maximum payment calculated under this subsection. ; and (5) in paragraph (4)— (A) in subparagraph (A), by striking through (D) and inserting and (C) ; and (B) in subparagraph (B), by striking subparagraph (D) or (E) and inserting subparagraph (C) or (D) . (c) Prior year data Paragraph (2) of section 8003(c) ( 20 U.S.C. 7703(c) ) is amended to read as follows: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— (i) of not less than 10 percent, or 100 students, of children described in— (I) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (II) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) in the previous fiscal year. . (d) Children with disabilities Section 8003(d)(1) ( 20 U.S.C. 7703(d) ) is amended by striking section 8014(c) and inserting section 3(d)(3) . (e) Hold harmless Section 8003(e) ( 20 U.S.C. 7703(e) ) is amended to read as follows: (e) Hold harmless The maximum amount that a local educational agency is eligible to receive, as calculated under paragraph (1)(C), (2)(C), or (2)(D) of subsection (b), shall not be less than 90 percent of the calculated maximum amount that was used to determine the local educational agency’s payment for subsection (b)(1) or (b)(2) in the previous fiscal year for a period not to exceed 3 consecutive fiscal years, if such agency meets the eligibility requirements of paragraph (1)(B) or (2)(B) of subsection (b). . (f) Maintenance of effort Section 8003 ( 20 U.S.C. 7703 ) is amended by striking subsection (g). 404. Policies and procedures relating to children residing on Indian lands Section 8004(e)(9) is amended by striking Bureau of Indian Affairs both places such term appears and inserting Bureau of Indian Education . 405. Application for payments under sections 8002 and 8003 Section 8005(b) ( 20 U.S.C. 7705(b) ) is amended in the matter preceding paragraph (1) by striking and shall contain such information, . 406. Construction Section 8007 ( 20 U.S.C. 7707 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking section 8014(e) and inserting section 3(d)(4) ; (B) in paragraph (2), by adding at the end the following: (C) The agency is eligible under section 4003(b)(2) or is receiving basic support payments under circumstances described in section 4003(b)(2)(B)(ii). ; and (C) in paragraph (3), by striking section 8014(e) each place it appears and inserting section 3(d)(4) ; and (2) in subsection (b)— (A) in paragraph (1), by striking section 8014(e) and inserting section 3(d)(4) ; (B) in paragraph (3)— (i) in subparagraph (C)(i)(I), by adding at the end the following: (cc) At least 10 percent of the property in the agency is exempt from State and local taxation under Federal law. ; and (ii) by adding at the end the following: (F) Limitations on eligibility requirements The Secretary shall not limit eligibility— (i) under subparagraph (C)(i)(I)(aa), to those local educational agencies in which the number of children determined under section 4003(a)(1)(C) for each such agency for the preceding school year constituted more than 40 percent of the total student enrollment in the schools of each such agency during the preceding school year; and (ii) under subparagraph (C)(i)(I)(cc), to those local educational agencies in which more than 10 percent of the property in each such agency is exempt from State and local taxation under Federal law. ; and (C) in paragraph (6)— (i) in the matter preceding subparagraph (A), by striking in such manner, and accompanied by such information and inserting and in such manner ; and (ii) by striking subparagraph (F). 407. Facilities Section 8008 ( 20 U.S.C. 7708 ) is amended in subsection (a), by striking section 8014(f) and inserting section 3(d)(5) . 408. State consideration of payments providing State aid Section 8009(c)(1)(B) ( 20 U.S.C. 7709(c)(1)(B) ) is amended by striking and contain the information . 409. Federal administration Section 8010(d)(2) ( 20 U.S.C. 7710(d)(2) ) is amended, by striking section 8014 and inserting section 3(d) . 410. Administrative hearings and judicial review Section 8011(a) ( 20 U.S.C. 7711(a) ) is amended by striking or under the Act and all that follows through 1994) . 411. Definitions Section 8013 ( 20 U.S.C. 7713 ) is amended— (1) in paragraph (1), by striking and Marine Corps and inserting Marine Corps, and Coast Guard ; (2) in paragraph (4), by striking and title VI ; (3) in paragraph (5)(A)(iii)— (A) in subclause (II), by striking Stewart B. McKinney Homeless Assistance Act and inserting McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) ; and (B) in subclause (III), by inserting before the semicolon ( 25 U.S.C. 4101 et seq. ) ; and (4) in paragraph (8)(A), by striking and verified by and inserting , and verified by, . 412. Authorization of appropriations Section 8014 ( 20 U.S.C. 7801 ) is repealed. 413. Conforming amendments (a) Impact Aid Improvement Act of 2012 Section 563(c) of National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known as the Impact Aid Improvement Act of 2012 ), as amended by section 563 of division A of Public Law 113–291 , is amended— (1) by striking paragraphs (1) and (4); and (2) by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively. (b) Repeals (1) Title IV Title IV ( 20 U.S.C. 7101 et seq. ), as amended by section 601(b)(2) of this Act, is repealed. (2) PL 113–76 Section 309 of division H of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 20 U.S.C. 7702 note) is repealed. (c) Transfer and redesignation Title VIII ( 20 U.S.C. 7701 et seq. ), as amended by this title, is redesignated as title IV ( 20 U.S.C. 7101 et seq. ), and transferred and inserted after title III (as amended by this Act). (d) Title VIII references The Act ( 20 U.S.C. 6301 et seq. ), as amended by this Act, is amended— (1) by redesignating sections 8001 through 8005 as sections 4001 through 4005, respectively; (2) by redesignating sections 8007 through 8013 as sections 4007 through 4013, respectively; (3) by striking section 8002 each place it appears and inserting section 4002 ; (4) by striking section 8002(b) each place it appears and inserting section 4002(b) ; (5) by striking section 8003 each place it appears and inserting section 4003 , respectively; (6) by striking section 8003(a) each place it appears and inserting section 4003(a) ; (7) by striking section 8003(a)(1) each place it appears and inserting section 4003(a)(1) ; (8) by striking section 8003(a)(1)(C) each place it appears and inserting section 4003(a)(1)(C) ; (9) by striking section 8002(a)(2) each place it appears and inserting section 4002(a)(2) ; (10) by striking section 8003(b) each place it appears and inserting section 4003(b) ; (11) by striking section 8003(b)(1) each place it appears and inserting section 4003(b)(1) ; (12) in section 4002(b)(1)(C) (as so redesignated), by striking section 8003(b)(1)(C) and inserting section 4003(b)(1)(C) ; (13) in section 4002(k)(1) (as so redesignated), by striking section 8013(5)(C)(iii) and inserting section 4013(5)(C)(iii) ; (14) in section 4005 (as so redesignated)— (A) in the section heading, by striking 8002 and 8003 and inserting 4002 and 4003 ; (B) by striking or 8003 each place it appears and inserting or 4003 ; (C) in subsection (b)(2), by striking section 8004 and inserting section 4004 ; and (D) in subsection (d)(2), by striking section 8003(e) and inserting section 4003(e) ; (15) in the second subclause (II) of section 4007(a)(3)(A)(i) (as so redesignated), by striking section 8008(a) and inserting section 4008(a) ; (16) in section 4007(a)(4) (as so redesignated), by striking section 8013(3) and inserting section 4013(3) ; (17) in section 4009 (as so redesignated)— (A) in subsection (b)(1)— (i) by striking or 8003(b) and inserting or 4003(b) ; (ii) by striking section 8003(a)(2)(B) and inserting section 4003(a)(2)(B) ; and (iii) by striking section 8003(b)(2) each place it appears and inserting section 4003(b)(2) ; and (B) by striking section 8011(a) each place it appears and inserting section 4011(a) ; and (18) in section 4010(c)(2)(D) (as so redesignated) by striking section 8009(b) and inserting section 4009(b) . V The Federal Government’s Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education 501. The Federal Government’s Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education Title V of the Act ( 20 U.S.C. 7201 et seq. ) is amended to read as follows: V The Federal Government’s Trust Responsibility to American Indian, Alaska Native, and Native Hawaiian Education A Indian Education 5101. Statement of policy It is the policy of the United States to fulfill the Federal Government’s unique and continuing trust relationship with, and responsibility to, the Indian people for the education of Indian children. The Federal Government will continue to work with local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities toward the goal of ensuring that programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children. It is further the policy of the United States to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, which may negatively affect the academic success of such children. 5102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to meet the unique educational and culturally related academic needs of American Indian and Alaska Native students, so that such students can meet State student academic achievement standards; (2) to ensure that Indian and Alaskan Native students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that school leaders, teachers, and other staff who serve Indian and Alaska Native students have the ability to provide culturally appropriate and effective instruction to such students. 1 Formula Grants to Local Educational Agencies 5111. Purpose It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities to improve the academic achievement of American Indian and Alaska Native students by providing for their unique cultural, language, and educational needs and ensuring that they are prepared to meet State academic standards. 5112. Grants to local educational agencies and tribes (a) In general In accordance with this section and section 5113, the Secretary may make grants from allocations made under section 5113, to— (1) local educational agencies; (2) Indian tribes; (3) Indian organizations; and (4) Alaska Native Organizations. (b) Local educational agencies (1) Enrollment requirements A local educational agency shall be eligible for a grant under this subpart for any fiscal year if the number of Indian children eligible under section 5117 who were enrolled in the schools of the agency, and to whom the agency provided free public education, during the preceding fiscal year— (A) was at least 10; or (B) constituted not less than 25 percent of the total number of individuals enrolled in the schools of such agency. (2) Exclusion The requirement of paragraph (1) shall not apply in Alaska, California, or Oklahoma, or with respect to any local educational agency located on, or in proximity to, an Indian reservation. (c) Indian tribes, Indian organizations, Alaska native organizations, and consortia (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 5114(c)(5) for such grant, an Indian tribe, Indian organization, Alaska Native Organization, or consortium of such entities that represents not less than one-third of the eligible Indian or Alaska Native children who are served by such local educational agency may apply for such grant. (2) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, Alaska Native Organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if such applicant were a local educational agency for purposes of this subpart. (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, Alaska Native Organization, or consortium of such entities shall not be subject to the requirements of section 5114(c)(5) or 5119. (3) Eligibility If more than 1 applicant qualifies to apply for a grant under paragraph (1), the entity that represents the most eligible Indian and Alaska Native children who are served by the local educational agency shall be eligible to receive the grant or the applicants may apply in consortium and jointly operate a program. (d) Indian and Alaska native community-Based organizations (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, tribal organization, Alaska Native Organization, or consortium pursuant to subsection (c), applies for a grant under this subpart, Indian and Alaska Native community-based organizations serving the community of the local educational agency may apply for the grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(2) to a community-based organization applying or receiving a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, Alaska Native Organization, or consortium. (3) Definition of Indian and Alaska native community-based organizations In this subsection, the term Indian and Alaska Native community-based organizations means any organizations that— (A) are composed primarily of the family members of Indian or Alaska Native students, Indian or Alaska Native community members, tribal government education officials, and tribal members from a specific community; (B) assist in the social, cultural, and educational development of Indians or Alaska Natives in such community; (C) meet the unique cultural, language, and academic needs of Indian or Alaska Native students; and (D) demonstrate organizational and administrative capacity to effectively manage the grant. 5113. Amount of grants (a) Amount of grant awards (1) In general Except as provided in subsection (b) and paragraph (2), the Secretary shall allocate to each local educational agency that has an approved application under this subpart an amount equal to the product of— (A) the number of Indian children who are eligible under section 5117 and served by such agency; and (B) the greater of— (i) the average per pupil expenditure of the State in which such agency is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) Reduction The Secretary shall reduce the amount of each allocation otherwise determined under this section in accordance with subsection (e). (b) Minimum grant (1) In general Notwithstanding subsection (e), an entity that is eligible for a grant under section 5112, and a school that is operated or supported by the Bureau of Indian Education that is eligible for a grant under subsection (d), that submits an application that is approved by the Secretary, shall, subject to appropriations, receive a grant under this subpart in an amount that is not less than $3,000. (2) Consortia Local educational agencies may form a consortium for the purpose of obtaining grants under this subpart. (3) Increase The Secretary may increase the minimum grant under paragraph (1) to not more than $4,000 for all grantees if the Secretary determines such increase is necessary to ensure the quality of the programs provided. (c) Definition For the purpose of this section, the term average per pupil expenditure , used with respect to a State, means an amount equal to— (1) the sum of the aggregate current expenditures of all the local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies, without regard to the sources of funds from which such local or State expenditures were made, during the second fiscal year preceding the fiscal year for which the computation is made; divided by (2) the aggregate number of children who were included in average daily attendance for whom such agencies provided free public education during such preceding fiscal year. (d) Schools operated or supported by the bureau of Indian education (1) In general Subject to subsection (e), in addition to the grants awarded under subsection (a), the Secretary shall allocate to the Secretary of the Interior an amount equal to the product of— (A) the total number of Indian children enrolled in schools that are operated by— (i) the Bureau of Indian Education; or (ii) an Indian tribe, or an organization controlled or sanctioned by an Indian tribal government, for the children of that tribe under a contract with, or grant from, the Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of 1988; and (B) the greater of— (i) the average per pupil expenditure of the State in which the school is located; or (ii) 80 percent of the average per pupil expenditure of all the States. (2) Special rule Any school described in paragraph (1)(A) that wishes to receive an allocation under this subpart shall submit an application in accordance with section 5114, and shall otherwise be treated as a local educational agency for the purpose of this subpart, except that such school shall not be subject to section 5114(c)(5) or section 5119. (e) Ratable reductions If the sums appropriated for any fiscal year to carry out this subpart are insufficient to pay in full the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection (d), each of those amounts shall be ratably reduced. 5114. Applications (a) Application required Each local educational agency that desires to receive a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Comprehensive program required Each application submitted under subsection (a) shall include a description of a comprehensive program for meeting the needs of Indian and Alaska Native children served by the local educational agency, including the language and cultural needs of the children, that— (1) describes how the comprehensive program will offer programs and activities to meet the culturally related academic needs of American Indian and Alaska Native students; (2) (A) is consistent with the State, tribal, and local plans submitted under other provisions of this Act; and (B) includes academic content and student academic achievement goals for such children, and benchmarks for attaining such goals, that are based on State academic content and student academic achievement standards adopted under title I for all children; (3) explains how the local educational agency will use the funds made available under this subpart to supplement other Federal, State, and local programs that serve such students; (4) demonstrates how funds made available under this subpart will be used for activities described in section 5115; (5) describes the professional development opportunities that will be provided, as needed, to ensure that— (A) teachers and other school professionals who are new to the Indian or Alaska Native community are prepared to work with Indian and Alaska Native children; (B) all teachers who will be involved in programs assisted under this subpart have been properly trained to carry out such programs; and (C) those family members of Indian and Alaska Native children and representatives of tribes who are on the committee described in (c)(5) will participate in the planning of professional development materials; (6) describes how the local educational agency— (A) will periodically assess the progress of all Indian children enrolled in the schools of the local educational agency, including Indian children who do not participate in programs assisted under this subpart, in meeting the goals described in paragraph (2); (B) will provide the results of each assessment referred to in subparagraph (A) to— (i) the committee described in subsection (c)(5); (ii) the community served by the local educational agency; and (iii) the tribes whose children are served by the local educational agency; and (C) is responding to findings of any previous assessments that are similar to the assessments described in subparagraph (A); and (7) explicitly delineates— (A) a formal, collaborative process that the local educational agency used to directly involve tribes, Indian organizations, or Alaska Native Organizations in the development of the comprehensive programs and the results of such process; and (B) how the local educational agency plans to ensure that tribes, Indian organizations, or Alaska Native Organizations will play an active, meaningful, and ongoing role in the functioning of the comprehensive programs. (c) Assurances Each application submitted under subsection (a) shall include assurances that— (1) the local educational agency will use funds received under this subpart only to supplement the funds that, in the absence of the Federal funds made available under this subpart, such agency would make available for services described in this subsection, and not to supplant such funds; (2) the local educational agency will use funds received under this subpart only for activities described and authorized under this subpart; (3) the local educational agency will prepare and submit to the Secretary such reports, in such form and containing such information, as the Secretary may require to— (A) carry out the functions of the Secretary under this subpart; (B) determine the extent to which activities carried out with funds provided to the local educational agency under this subpart are effective in improving the educational achievement of Indian and Alaska Native students served by such agency; and (C) determine the extent to which such activities address the unique cultural, language, and educational needs of Indian students; (4) the program for which assistance is sought— (A) is based on a comprehensive local assessment and prioritization of the unique educational and culturally related academic needs of the American Indian and Alaska Native students for whom the local educational agency is providing an education; (B) will use the best available talents and resources, including individuals from the Indian or Alaska Native community; and (C) was developed by such agency in open consultation with the families of Indian or Alaska Native children, Indian or Alaska Native teachers, Indian or Alaska Native students from secondary schools, and representatives of tribes, Indian organizations, or Alaska Native Organizations in the community including through public hearings held by such agency to provide to the individuals described in this subparagraph a full opportunity to understand the program and to offer recommendations regarding the program; (5) the local educational agency developed the program with the participation and written approval of a committee— (A) that is composed of, and selected by— (i) family members of Indian and Alaska Native children that are attending the local educational agency’s schools; (ii) teachers in the schools; and (iii) Indian and Alaska Native students attending secondary schools of the agency; (B) a majority of whose members are family members of Indian and Alaska Native children that are attending the local educational agency’s schools; (C) that has set forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents of the children, and representatives of the area, to be served; (D) with respect to an application describing a schoolwide program in accordance with section 5115(c), that has— (i) reviewed in a timely fashion the program; (ii) determined that the program will not diminish the availability of culturally related activities for American Indian and Alaska Native students; and (iii) will directly enhance the educational experience of American Indian and Alaska Native students; and (E) that has adopted reasonable bylaws for the conduct of the activities of the committee and abides by such bylaws; and (6) the local educational agency conducted adequate outreach to family members to meet the requirements under subsection (c)(5). 5115. Authorized services and activities (a) General requirements Each local educational agency that receives a grant under this subpart shall use the grant funds, in a manner consistent with the purpose specified in section 5111, for services and activities that— (1) are designed to carry out the comprehensive program of the local educational agency for Indian students, and described in the application of the local educational agency submitted to the Secretary under section 5114(a) solely for the services and activities described in such application; (2) are designed with special regard for the language and cultural needs of the Indian students; and (3) supplement and enrich the regular school program of such agency. (b) Particular activities The services and activities referred to in subsection (a) may include— (1) activities that support Native American language immersion programs and Native American language restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application submitted by the local educational agency; (3) early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic content and student academic achievement standards; (5) integrated educational services in combination with other programs including programs that enhance student achievement by promoting increased involvement of parents and families in school activities; (6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Improvement Act of 2006, including programs for tech-prep education, mentoring, and apprenticeship; (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; (8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 5111; (9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; (10) activities that incorporate culturally and linguistically relevant curriculum content into classroom instruction that is responsive to the unique learning styles of Indian and Alaska Native children and ensures that children are better able to meet State standards; (11) family literacy services; (12) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; (13) dropout prevention strategies for Indian and Alaska Native students; and (14) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian and Alaska Native students who are transitioning from such facilities to schools served by local educational agencies. (c) Schoolwide programs Notwithstanding any other provision of law, a local educational agency may use funds made available to such agency under this subpart to support a schoolwide program under section 1114 if— (1) the committee established pursuant to section 5114(c)(5) approves the use of the funds for the schoolwide program; (2) the schoolwide program is consistent with the purpose described in section 5111; and (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to the American Indian and Alaska Native students that would not be achieved if the funds were not used in a schoolwide program. (d) Limitation on administrative costs Not more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes. (e) Limitation on the use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities available locally or regionally. 5116. Integration of services authorized (a) Plan An entity receiving funds under this subpart may submit a plan to the Secretary for the integration of education and related services provided to Indian students. (b) Consolidation of programs Upon the receipt of an acceptable plan under subsection (a), the Secretary, in cooperation with each Federal agency providing grants for the provision of education and related services to the entity, shall authorize the entity to consolidate, in accordance with such plan, the federally funded education and related services programs of the entity and the Federal programs, or portions of the programs, serving Indian students in a manner that integrates the program services involved into a single, coordinated, comprehensive program and reduces administrative costs by consolidating administrative functions. (c) Programs affected The funds that may be consolidated in a demonstration project under any such plan referred to in subsection (a) shall include funds for any Federal program exclusively serving Indian children, or the funds reserved under any Federal program to exclusively serve Indian children, under which the entity is eligible for receipt of funds under a statutory or administrative formula for the purposes of providing education and related services that would be used to serve Indian students. (d) Plan requirements For a plan to be acceptable pursuant to subsection (b), the plan shall— (1) identify the programs or funding sources to be consolidated; (2) be consistent with the objectives of this section concerning authorizing the services to be integrated in a demonstration project; (3) describe a comprehensive strategy that identifies the full range of potential educational opportunities and related services to be provided to assist Indian students to achieve the objectives set forth in this subpart; (4) describe the way in which services are to be integrated and delivered and the results expected from the plan; (5) identify the projected expenditures under the plan in a single budget; (6) identify the State, tribal, or local agency or agencies to be involved in the delivery of the services integrated under the plan; (7) identify any statutory provisions, regulations, policies, or procedures that the entity believes need to be waived in order to implement the plan; (8) set forth measures for academic content and student academic achievement goals designed to be met within a specific period of time; and (9) be approved by a committee formed in accordance with section 5114(c)(5), if such a committee exists. (e) Plan review Upon receipt of the plan from an eligible entity, the Secretary shall consult with the Secretary of each Federal department providing funds to be used to implement the plan, and with the entity submitting the plan. The parties so consulting shall identify any waivers of statutory requirements or of Federal departmental regulations, policies, or procedures necessary to enable the entity to implement the plan. Notwithstanding any other provision of law, the Secretary of the affected department shall have the authority to waive any regulation, policy, or procedure promulgated by that department that has been so identified by the entity or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the objectives of this subpart or those provisions of the statute from which the program involved derives authority that are specifically applicable to Indian students. (f) Plan Approval Within 90 days after the receipt of an entity’s plan by the Secretary, the Secretary shall inform the entity, in writing, of the Secretary’s approval or disapproval of the plan. If the plan is disapproved, the entity shall be informed, in writing, of the reasons for the disapproval and shall be given an opportunity to amend the plan or to petition the Secretary to reconsider such disapproval. (g) Responsibilities of Department of Education Not later than 180 days after the date of the enactment of the Student Success Act, the Secretary of Education, the Secretary of the Interior, the Secretary of the Department of Health and Human Services, and the head of any other Federal department or agency identified by the Secretary of Education, shall enter into an interdepartmental memorandum of agreement providing for the implementation and coordination of the demonstration projects authorized under this section. The lead agency head for a demonstration project under this section shall be— (1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978; or (2) the Secretary of Education, in the case of any other entity. (h) Responsibilities of lead agency The responsibilities of the lead agency shall include— (1) the use of a single report format related to the plan for the individual project, which shall be used by an eligible entity to report on the activities undertaken under the project; (2) the use of a single report format related to the projected expenditures for the individual project which shall be used by an eligible entity to report on all project expenditures; (3) the development of a single system of Federal oversight for the project, which shall be implemented by the lead agency; and (4) the provision of technical assistance to an eligible entity appropriate to the project, except that an eligible entity shall have the authority to accept or reject the plan for providing such technical assistance and the technical assistance provider. (i) Report requirements A single report format shall be developed by the Secretary, consistent with the requirements of this section. Such report format shall require that reports described in subsection (h), together with records maintained on the consolidated program at the local level, shall contain such information as will allow a determination that the eligible entity has complied with the requirements incorporated in its approved plan, including making a demonstration of student academic achievement, and will provide assurances to each Secretary that the eligible entity has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements that have not been waived. (j) No reduction in amounts In no case shall the amount of Federal funds available to an eligible entity involved in any demonstration project be reduced as a result of the enactment of this section. (k) Interagency fund transfers authorized The Secretary is authorized to take such action as may be necessary to provide for an interagency transfer of funds otherwise available to an eligible entity in order to further the objectives of this section. (l) Administration of funds (1) In general Program funds for the consolidated programs shall be administered in such a manner as to allow for a determination that funds from a specific program are spent on allowable activities authorized under such program, except that the eligible entity shall determine the proportion of the funds granted that shall be allocated to such program. (2) Separate records not required Nothing in this section shall be construed as requiring the eligible entity to maintain separate records tracing any services or activities conducted under the approved plan to the individual programs under which funds were authorized for the services or activities, nor shall the eligible entity be required to allocate expenditures among such individual programs. (m) Overage The eligible entity may commingle all administrative funds from the consolidated programs and shall be entitled to the full amount of such funds (under each program’s or agency’s regulations). The overage (defined as the difference between the amount of the commingled funds and the actual administrative cost of the programs) shall be considered to be properly spent for Federal audit purposes, if the overage is used for the purposes provided for under this section. (n) Fiscal accountability Nothing in this part shall be construed so as to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, United States Code. (o) Report on statutory obstacles to program integration (1) Preliminary report Not later than 2 years after the date of the enactment of the Student Success Act, the Secretary of Education shall submit a preliminary report to the Committee on Education and the Workforce and the Committee on Natural Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the status of the implementation of the demonstration projects authorized under this section. (2) Final report Not later than 5 years after the date of the enactment of the Student Success Act, the Secretary of Education shall submit a report to the Committee on Education and the Workforce and the Committee on Natural Resources of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Indian Affairs of the Senate on the results of the implementation of the demonstration projects authorized under this section. Such report shall identify statutory barriers to the ability of participants to integrate more effectively their education and related services to Indian students in a manner consistent with the objectives of this section. (p) Definitions For the purposes of this section, the term Secretary means— (1) the Secretary of the Interior, in the case of an entity meeting the definition of a contract or grant school under title XI of the Education Amendments of 1978; or (2) the Secretary of Education, in the case of any other entity. 5117. Student eligibility forms (a) In general The Secretary shall require that, as part of an application for a grant under this subpart, each applicant shall maintain a file, with respect to each Indian child for whom the local educational agency provides a free public education, that contains a form that sets forth information establishing the status of the child as an Indian child eligible for assistance under this subpart, and that otherwise meets the requirements of subsection (b). (b) Forms The form described in subsection (a) shall include— (1) either— (A) (i) the name of the tribe or band of Indians (as defined in section 5151) with respect to which the child claims membership; (ii) the enrollment or membership number establishing the membership of the child (if readily available); and (iii) the name and address of the organization that maintains updated and accurate membership data for such tribe or band of Indians; or (B) the name, the enrollment or membership number (if readily available), and the name and address of the organization responsible for maintaining updated and accurate membership data, of any parent or grandparent of the child from whom the child claims eligibility under this subpart, if the child is not a member of the tribe or band of Indians (as so defined); (2) a statement of whether the tribe or band of Indians (as so defined), with respect to which the child, or parent or grandparent of the child, claims membership, is federally recognized; (3) the name and address of the parent or legal guardian of the child; (4) a signature of the parent or legal guardian of the child that verifies the accuracy of the information supplied; (5) any other information that the Secretary considers necessary to provide an accurate program profile; and (6) all individual data collected will be protected by the local educational agencies and only aggregated data will be reported to the Secretary. (c) Statutory construction Nothing in this section shall be construed to affect a definition contained in section 5151. (d) Documentation and types of proof (1) Types of proof For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 5113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicative determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local education agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of the enactment of the Student Success Act and that met the requirements of this section, as this section was in effect on the day before the date of the enactment of such Act, shall remain valid for such Indian student. (e) Monitoring and evaluation review (1) In general (A) Review For each fiscal year, in order to provide such information as is necessary to carry out the responsibility of the Secretary to provide technical assistance under this subpart, the Secretary shall conduct a monitoring and evaluation review of a sampling of the recipients of grants under this subpart. The sampling conducted under this subparagraph shall take into account the size of and the geographic location of each local educational agency. (B) Exception A local educational agency may not be held liable to the United States or be subject to any penalty, by reason of the findings of an audit that relates to the date of completion, or the date of submission, of any forms used to establish, before April 28, 1988, the eligibility of a child for an entitlement under the Indian Elementary and Secondary School Assistance Act. (2) False information Any local educational agency that provides false information in an application for a grant under this subpart shall— (A) be ineligible to apply for any other grant under this subpart; and (B) be liable to the United States for any funds from the grant that have not been expended. (3) Excluded children A student who provides false information for the form required under subsection (a) shall not be counted for the purpose of computing the amount of a grant under section 5113. (f) Tribal grant and contract schools Notwithstanding any other provision of this section, in calculating the amount of a grant under this subpart to a tribal school that receives a grant or contract from the Bureau of Indian Education, the Secretary shall use only one of the following, as selected by the school: (1) A count of the number of students in the schools certified by the Bureau. (2) A count of the number of students for whom the school has eligibility forms that comply with this section. (g) Timing of child counts For purposes of determining the number of children to be counted in calculating the amount of a local educational agency’s grant under this subpart (other than in the case described in subsection (f)(1)), the local educational agency shall— (1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under section 5114; and (2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that date or during that period, as the case may be. 5118. Payments (a) In general Subject to subsection (b), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 5113. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment. (b) Payments taken into account by the state The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year. (c) Reallocations The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that— (1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or (2) otherwise become available for reallocation under this subpart. 5119. State educational agency review Before submitting an application to the Secretary under section 5114, a local educational agency shall submit the application to the State educational agency, which may comment on such application. If the State educational agency comments on the application, the agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond. 2 Special Programs and Projects To Improve Educational Opportunities for Indian Children and Youth 5121. Special programs and projects to improve educational opportunities for Indian children and youth (a) Purpose (1) In general It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children and youth. (2) Coordination The Secretary shall take the necessary actions to achieve the coordination of activities assisted under this subpart with— (A) other programs funded under this Act; and (B) other Federal programs operated for the benefit of American Indian and Alaska Native children and youth. (b) Eligible entities In this section, the term eligible entity means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, Indian institution (including an Indian institution of higher education), Alaska Native Organization, or a consortium of such entities. (c) Grants authorized (1) In general The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose of this section, including— (A) innovative programs related to the educational needs of educationally disadvantaged children and youth; (B) educational services that are not available to such children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian and Alaska Native children in one or more of the subjects of English, mathematics, science, foreign languages, art, history, and geography; (C) bilingual and bicultural programs and projects; (D) special health and nutrition services, and other related activities, that address the special health, social, emotional, and psychological problems of Indian children; (E) special compensatory and other programs and projects designed to assist and encourage Indian children to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children; (F) comprehensive guidance, counseling, and testing services; (G) high quality early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; (H) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education; (I) partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill, high-wage career; (J) programs designed to encourage and assist Indian students to work toward, and gain entrance into, an institution of higher education; (K) family literacy services; (L) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; (M) high quality professional development of teaching professionals and paraprofessionals; or (N) other services that meet the purpose described in this section. (d) Grant requirements and Applications (1) Grant requirements (A) In general The Secretary may make multiyear grants under subsection (c) for the planning, development, pilot operation, or demonstration of any activity described in subsection (c) for a period not to exceed 5 years. (B) Priority In making multiyear grants described in this paragraph, the Secretary shall give priority to entities submitting applications that present a plan for combining two or more of the activities described in subsection (c) over a period of more than 1 year. (C) Progress The Secretary shall make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines that the eligible entity has made substantial progress in carrying out the activities assisted under the grant in accordance with the application submitted under paragraph (3) and any subsequent modifications to such application. (2) Dissemination grants (A) In general In addition to awarding the multiyear grants described in paragraph (1), the Secretary may award grants under subsection (c) to eligible entities for the dissemination of exemplary materials or programs assisted under this section. (B) Determination The Secretary may award a dissemination grant described in this paragraph if, prior to awarding the grant, the Secretary determines that the material or program to be disseminated— (i) has been adequately reviewed; (ii) has demonstrated educational merit; and (iii) can be replicated. (3) Application (A) In general Any eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (B) Contents Each application submitted to the Secretary under subparagraph (A), other than an application for a dissemination grant under paragraph (2), shall contain— (i) a description of how parents of Indian children and representatives of Indian tribes have been, and will be, involved in developing and implementing the activities for which assistance is sought; (ii) assurances that the applicant will participate, at the request of the Secretary, in any national evaluation of activities assisted under this section; (iii) information demonstrating that the proposed program for the activities is a scientifically based research program, where applicable, which may include a program that has been modified to be culturally appropriate for students who will be served; (iv) a description of how the applicant will incorporate the proposed activities into the ongoing school program involved once the grant period is over; and (v) such other assurances and information as the Secretary may reasonably require. (e) Administrative costs Not more than 5 percent of the funds provided to a grantee under this subpart for any fiscal year may be used for administrative purposes. 5122. Professional development for teachers and education professionals (a) Purposes The purposes of this section are— (1) to increase the number of qualified Indian and Alaska Native teachers and administrators serving Indian and Alaska Native students; (2) to provide training to qualified Indian and Alaska Native individuals to become educators and education support service professionals; and (3) to improve the skills of qualified Indian individuals who serve in the capacities described in paragraph (2). (b) Eligible entities For the purpose of this section, the term eligible entity means— (1) an institution of higher education, including an Indian institution of higher education; (2) a State educational agency or local educational agency, in consortium with an institution of higher education; (3) an Indian tribe or organization, in consortium with an institution of higher education; and (4) a Bureau-funded school (as defined in section 1146 of the Education Amendments of 1978). (c) Program authorized The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable those entities to carry out the activities described in subsection (d). (d) Authorized activities (1) In general Grant funds under this section shall be used for activities to provide support and training for Indian individuals in a manner consistent with the purposes of this section. Such activities may include continuing programs, symposia, workshops, conferences, and direct financial support, and may include programs designed to train tribal elders and seniors. (2) Special rules (A) Type of training For education personnel, the training received pursuant to a grant under this section may be inservice or preservice training. (B) Program For individuals who are being trained to enter any field other than teaching, the training received pursuant to a grant under this section shall be in a program that results in a graduate degree. (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (f) Special rule In awarding grants under this section, the Secretary— (1) shall consider the prior performance of the eligible entity; and (2) may not limit eligibility to receive a grant under this section on the basis of— (A) the number of previous grants the Secretary has awarded such entity; or (B) the length of any period during which such entity received such grants. (g) Grant period Each grant under this section shall be awarded for a period of not more than 5 years. (h) Service obligation (1) In general The Secretary shall require, by regulation, that an individual who receives training pursuant to a grant made under this section— (A) perform work— (i) related to the training received under this section; and (ii) that benefits Indian people; or (B) repay all or a prorated part of the assistance received. (2) Reporting The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under this section shall, not later than 12 months after the date of completion of the training, and periodically thereafter, provide information concerning compliance with the work requirement under paragraph (1). 5123. Tribal education agencies cooperative agreements (a) Purpose Tribes may enter into written cooperative agreements with the State educational agency and the local educational agencies operating a school or schools within Indian lands. For purposes of this section, the term Indian land has the meaning given that term in section 8013. (b) Cooperative agreement If requested by the Indian tribe, the State educational agency or the local educational agency may enter into a cooperative agreement with the Indian tribe. Such cooperative agreement— (1) may authorize the tribe or such tribe’s respective tribal education agency to plan, conduct, consolidate, and administer programs, services, functions, and activities, or portions thereof, administered by the State educational agency or the local educational agency; (2) may authorize the tribe or such tribe’s respective tribal education agency to reallocate funds for such programs, services, functions, and activities, or portions thereof as necessary; and (3) shall— (A) only confer the tribe or such tribe’s respective tribal education agency with responsibilities to conduct activities described in paragraph (1) such that the burden assumed by the tribe or the tribal education agency for conducting such is commensurate with the benefit that doing so conveys to all parties of the agreement; and (B) be based solely on terms of the written agreement decided upon by the Indian tribe and the State educational agency or local education agency. (c) Disagreement Agreements shall only be valid if the Indian tribe and State educational agency or local educational agency agree fully in writing to all of the terms of the written cooperative agreement. (d) Compliance with applicable law Nothing in this section shall be construed to relieve any party to a cooperative agreement from complying with all applicable Federal, State, local laws. State and local educational agencies are still the ultimate responsible, liable parties for complying with all laws and funding requirements for any functions that are conveyed to tribes and tribal education agencies through the cooperative agreements. (e) Definition For the purposes of this subpart, the term Indian Tribe means any tribe or band that is officially recognized by the Secretary of the Interior. 3 National Activities 5131. National research activities (a) Authorized activities The Secretary may use funds made available to carry out this subpart for each fiscal year to— (1) conduct research related to effective approaches for improving the academic achievement and development of Indian and Alaska Native children and adults; (2) collect and analyze data on the educational status and needs of Indian and Alaska Native students; and (3) carry out other activities that are consistent with the purpose of this part. (b) Eligibility The Secretary may carry out any of the activities described in subsection (a) directly or through grants to, or contracts or cooperative agreements with, Indian tribes, Indian organizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions of higher education, and other public and private agencies and institutions. (c) Coordination Research activities supported under this section— (1) shall be coordinated with appropriate offices within the Department; and (2) may include collaborative research activities that are jointly funded and carried out by the Office of Indian Education Programs, the Office of Educational Research and Improvement, the Bureau of Indian Education, and the Institute of Education Sciences. 5132. Improvement of academic success for students through Native American language (a) Purpose It is the purpose of this section to improve educational opportunities and academic achievement of Indian and Alaska Native students through Native American language programs and to foster the acquisition of Native American language. (b) Definition of eligible entity In this section, the term eligible entity means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary school or secondary school for Indian students, Indian institution (including an Indian institution of higher education), or a consortium of such entities. (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out the following activities: (1) Native American language programs that— (A) provide instruction through the use of a Native American language for not less than 10 children for an average of not less than 500 hours per year per student; (B) provide for the involvement of parents, caregivers, and families of students enrolled in the program; (C) utilize, and may include the development of, instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; (D) provide support for professional development activities; and (E) include a goal of all students achieving— (i) fluency in a Native American language; and (ii) academic proficiency in mathematics, English, reading or language arts, and science. (2) Native American language restoration programs that— (A) provide instruction in not less than 1 Native American language; (B) provide support for professional development activities for teachers of Native American languages; (C) develop instructional materials for the programs; and (D) include the goal of increasing proficiency and fluency in not less than 1 Native American language. (d) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Certification An eligible entity that submits an application for a grant to carry out the activity specified in subsection (c)(1), shall include in such application a certification that assures that such entity has experience and a demonstrated record of effectiveness in operating and administering a Native American language program or any other educational program in which instruction is conducted in a Native American language. (e) Grant duration The Secretary shall make grants under this section only on a multi-year basis. Each such grant shall be for a period not to exceed 5 years. (f) Definition In this section, the term average means the aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a Native American language program during a school year divided by the total number of students enrolled in the program. (g) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. (2) Exception An elementary school or secondary school for Indian students that receives funds from a recipient of a grant under subsection (c) for any fiscal year may use not more than 10 percent of the funds for administrative purposes. 5133. Grants to tribes for education administrative planning and development (a) In general The Secretary may make grants to Indian tribes, and tribal organizations approved by Indian tribes, to plan and develop a centralized tribal administrative entity to— (1) coordinate all education programs operated by the tribe or within the territorial jurisdiction of the tribe; (2) develop education codes for schools within the territorial jurisdiction of the tribe; (3) provide support services and technical assistance to schools serving children of the tribe; and (4) perform child-find screening services for the preschool-aged children of the tribe to— (A) ensure placement in appropriate educational facilities; and (B) coordinate the provision of any needed special services for conditions such as disabilities and English language skill deficiencies. (b) Period of grant Each grant awarded under this section may be awarded for a period of not more than 3 years. Such grant may be renewed upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that renewing the grant for an additional 3-year period is necessary to carry out the objectives of the grant described in subsection (c)(2)(A). (c) Application for grant (1) In general Each Indian tribe and tribal organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, containing such information, and consistent with such criteria, as the Secretary may prescribe in regulations. (2) Contents Each application described in paragraph (1) shall contain— (A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; and (B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved. (3) Approval The Secretary may approve an application submitted by a tribe or tribal organization pursuant to this section only if the Secretary is satisfied that such application, including any documentation submitted with the application— (A) demonstrates that the applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant who will be affected by the activities to be conducted under the grant; (B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and (C) demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought, except that the availability of such other resources shall not be a basis for disapproval of such application. (d) Restriction A tribe may not receive funds under this section if such tribe receives funds under section 1144 of the Education Amendments of 1978. 4 Federal Administration 5141. National Advisory Council on Indian Education (a) Membership There is established a National Advisory Council on Indian Education (hereafter in this section referred to as the Council ), which shall— (1) consist of 15 Indian members, who shall be appointed by the President from lists of nominees furnished, from time to time, by Indian tribes and organizations; and (2) represent different geographic areas of the United States. (b) Duties The Council shall— (1) advise the Secretary concerning the funding and administration (including the development of regulations and administrative policies and practices) of any program, including any program established under this part— (A) with respect to which the Secretary has jurisdiction; and (B) (i) that includes Indian children or adults as participants; or (ii) that may benefit Indian children or adults; (2) make recommendations to the Secretary for filling the position of Director of Indian Education whenever a vacancy occurs; and (3) submit to Congress, not later than June 30 of each year, a report on the activities of the Council, including— (A) any recommendations that the Council considers appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and (B) recommendations concerning the funding of any program described in subparagraph (A). 5142. Peer review The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2 or subpart 3. 5143. Preference for Indian applicants In making grants and entering into contracts or cooperative agreements under subpart 2 or subpart 3, the Secretary shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which Indian tribes, organizations, and institutions are eligible to apply for grants, contracts, or cooperative agreements. 5144. Minimum grant criteria The Secretary may not approve an application for a grant, contract, or cooperative agreement under subpart 2 or subpart 3 unless the application is for a grant, contract, or cooperative agreement that is— (1) of sufficient size, scope, and quality to achieve the purpose or objectives of such grant, contract, or cooperative agreement; and (2) based on relevant research findings. 5 Definitions; Authorizations of Appropriations 5151. Definitions For the purposes of this part: (1) Adult The term adult means an individual who— (A) has attained the age of 16 years; or (B) has attained an age that is greater than the age of compulsory school attendance under an applicable State law. (2) Free public education The term free public education means education that is— (A) provided at public expense, under public supervision and direction, and without tuition charge; and (B) provided as elementary or secondary education in the applicable State or to preschool children. (3) Indian The term Indian means an individual who is— (A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including— (i) any tribe or band terminated since 1940; and (ii) any tribe or band recognized by the State in which the tribe or band resides; (B) a descendant, in the first or second degree, of an individual described in subparagraph (A); (C) considered by the Secretary of the Interior to be an Indian for any purpose; (D) an Alaska Native, as defined in section 5206(1); or (E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988 as in effect the day preceding the date of the enactment of the Improving America’s Schools Act of 1994. (4) Alaska native organization The term Alaska Native Organization has the same meaning as defined in section 5206(2). 5152. Authorizations of appropriations (a) Subpart 1 For the purpose of carrying out subpart 1, there are authorized to be appropriated $105,921,000 for each of fiscal years 2016 through 2019. (b) Subparts 2 and 3 For the purpose of carrying out subparts 2 and 3, there are authorized to be appropriated $24,858,000 for each of fiscal years 2016 through 2019. B Alaska Native Education 5201. Short title This part may be cited as the Alaska Native Educational Equity, Support, and Assistance Act . 5202. Findings Congress finds and declares the following: (1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (2) Many Alaska Native children enter and exit school with serious educational disadvantages. (3) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continues, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests. (4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students. (5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. (6) The programs and activities authorized under this part give priority to Alaska Native organizations as a means of increasing Alaska Native parents’ and community involvement in the promotion of academic success of Alaska Native students. (7) The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63 , Alaska ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the Federal trust responsibility of the United States to Alaska Natives. 5203. Purposes The purposes of this part are as follows: (1) To recognize and address the unique educational needs of Alaska Natives. (2) To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students. (3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming. (4) To authorize the development, management, and expansion of effective supplemental educational programs to benefit Alaska Natives. (5) To provide direction and guidance to appropriate Federal, State, and local agencies to focus resources, including resources made available under this part, on meeting the educational needs of Alaska Natives. (6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, management, and evaluation of programs designed to serve Alaska Natives students, and to ensure Alaska Native organizations play a meaningful role in supplemental educational services provided to Alaska Native students. 5204. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with, Alaska Native organizations, State educational agencies, local educational agencies, educational entities with experience in developing or operating Alaska Native educational programs or programs of instruction conducted in Alaska Native languages, cultural and community-based organizations with experience in developing or operating programs to benefit the educational needs of Alaska Natives, and consortia of organizations and entities described in this paragraph, to carry out programs that meet the purposes of this part. (2) Additional requirement A State educational agency, local educational agency, educational entity with experience in developing or operating Alaska Native educational programs or programs of instruction conducted in Alaska Native languages, cultural and community-based organization with experience in developing or operating programs to benefit the educational needs of Alaska Natives, or consortium of such organizations and entities is eligible for an award under this part only as part of a partnership involving an Alaska Native organization. (3) Mandatory activities Activities provided through the programs carried out under this part shall include the following which shall only be provided specifically in the context of elementary and secondary education: (A) The development and implementation of plans, methods, and strategies to improve the educational outcomes of Alaska Native people. (B) The collection of data to assist in the evaluation of the programs carried out under this part. (4) Permissible activities Activities provided through programs carried out under this part may include the following which shall only be provided specifically in the context of elementary and secondary education: (A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curriculum materials that reflect the cultural diversity, languages, history, or the contributions of Alaska Native people. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (B) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for, and understanding of, Alaska Native history, cultures, values, ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students. (ii) Recruitment and preparation of teachers who are Alaska Native. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, and superintendents. (C) The development and operation of student enrichment programs, including those in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children, and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (D) Research and data collection activities to determine the educational status and needs of Alaska Native children and other research and evaluation activities related to programs carried out under this part. (E) Activities designed to increase the graduation rates of Alaska Native students and prepare Alaska Native students to be college and career ready upon graduation from secondary school, such as— (i) remedial and enrichment programs; and (ii) culturally based education programs, such as— (I) programs of study and other instruction in Alaska Native history and way of living, to share the rich and diverse cultures of Alaska Native peoples among Alaska Native youth and elders, non-Native students, teachers, and the larger community; (II) instruction in leadership, communication, Native culture, arts, and languages to Alaska Native youth; (III) instruction in Alaska Native history and ways of living to students and teachers in the local school district; (IV) intergenerational learning and internship opportunities to Alaska Native youth and young adults; and (V) providing cultural immersion activities aimed at Alaska Native cultural preservation. (F) Statewide on-site exchange programs, for both students and teachers, that work to facilitate cultural relationships between urban and rural Alaskans to build mutual respect and understanding, and foster a statewide sense of common identity through host family, school, and community cross-cultural immersion. (G) Education programs for at-risk urban Alaska Native students in kindergarten through grade 12 that are designed to improve academic proficiency and graduation rates, utilize strategies otherwise permissible under this part, and incorporate a strong data collection and continuous evaluation component. (H) Statewide programs that provide technical assistance and support to schools and communities to engage adults in promoting the academic progress and overall well-being of Alaska Native people through child and youth development, positive youth-adult relationships, improved conditions for learning (school climate, student connection to school and community), and increased connections between schools and families. (I) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities. (J) Support for the development and operational activities of regional vocational schools in rural areas of Alaska to provide students with necessary resources to prepare for skilled employment opportunities. (K) Regional leadership academies that demonstrate effectiveness in building respect, understanding, and fostering a sense of Alaska Native identity to promote their pursuit of and success in completing higher education or career training. (L) Strategies designed to increase the involvement of parents in their children’s education. (b) Limitation on administrative costs Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes. (c) Priorities In awarding grants or contracts to carry out activities described in this subpart, the Secretary shall give priority to applications from Alaska Native Organizations. Such priority shall be explicitly delineated in the Secretary’s process for evaluating applications and applied consistently and transparently to all applications from Alaska Native Organizations. (d) Authorization of appropriations There are authorized to be appropriated to carry out this part $33,185,000 for each of fiscal years 2016 through 2019. 5205. Administrative provisions (a) Application required (1) In general No grant may be made under this part, and no contract may be entered into under this part, unless the Alaska Native organization or entity seeking the grant or contract submits an application to the Secretary in such form, in such manner, and containing such information as the Secretary may determine necessary to carry out the provisions of this part. (2) Requirement for certain applicants An applicant described in section 5204(a)(2) shall, in the application submitted under this paragraph— (A) demonstrate that an Alaska Native organization was directly involved in the development of the program for which the application seeks funds and explicitly delineate the meaningful role that the Alaska Native organization will play in the implementation and evaluation of the program for which funding is sought; and (B) provide a copy of the Alaska Native organization’s governing document. (b) Consultation required Each applicant for an award under this part shall provide for ongoing advice from and consultation with representatives of the Alaska Native community. (c) Local educational agency coordination Each applicant for an award under this part shall inform each local educational agency serving students who would participate in the program to be carried out under the grant or contract about the application. (d) Continuation awards An applicant described in section 5204(a)(2) that receives funding under this part shall periodically demonstrate to the Secretary, during the term of the award, that the applicant is continuing to meet the requirements of subsection (a)(2)(A). 5206. Definitions In this part: (1) Alaska native The term Alaska Native has the same meaning as the term Native has in section 3(b) of the Alaska Native Claims Settlement Act and their descendants. (2) Alaska native organization The term Alaska Native organization means a federally recognized tribe, consortium of tribes, regional nonprofit Native association, and an organization, that— (A) has or commits to acquire expertise in the education of Alaska Natives; and (B) has Alaska Native people in substantive and policymaking positions within the organization. C Native Hawaiian Education 5301. Findings Congress finds the following: (1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants of the Hawaiian archipelago, whose society was organized as a nation and internationally recognized as a nation by the United States, and many other countries. (2) Native Hawaiians have a cultural, historic, and land-based link to the indigenous people who exercised sovereignty over the Hawaiian Islands. (3) The political status of Native Hawaiians is comparable to that of American Indians and Alaska Natives. (4) The political relationship between the United States and the Native Hawaiian people has been recognized and reaffirmed by the United States, as evidenced by the inclusion of Native Hawaiians in many Federal statutes, including— (A) the Native American Programs Act of 1974 ( 42 U.S.C. 2991 et seq. ); (B) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ( 42 U.S.C. 1996 )); (C) the National Museum of the American Indian Act ( 20 U.S.C. 80q et seq. ); (D) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq. ); (E) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ); (F) the Native American Languages Act ( 25 U.S.C. 2901 et seq. ); (G) the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act ( 20 U.S.C. 4401 et seq. ); (H) the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ); and (I) the Older Americans Act of 1965 ( 42 U.S.C. 3001 et seq. ). (5) Many Native Hawaiian students lag behind other students in terms of— (A) school readiness factors; (B) scoring below national norms on education achievement tests at all grade levels; (C) underrepresentation in the uppermost achievement levels and in gifted and talented programs; (D) overrepresentation among students qualifying for special education programs; (E) underrepresentation in institutions of higher education and among adults who have completed 4 or more years of college. (6) The percentage of Native Hawaiian students served by the State of Hawaii Department of Education rose 30 percent from 1980 to 2008, and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density. (7) The Native Hawaiian people are determined to preserve, develop, and transmit to future generations their ancestral territory and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions. 5302. Purposes The purposes of this part are— (1) to authorize, develop, implement, assess, and evaluate innovative educational programs, Native Hawaiian language medium programs, Native Hawaiian culture-based education programs, and other education programs to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards; (2) to provide guidance to appropriate Federal, State, and local agencies to more effectively and efficiently focus resources, including resources made available under this part, on the development and implementation of— (A) innovative educational programs for Native Hawaiians; (B) rigorous and substantive Native Hawaiian language programs; and (C) Native Hawaiian culture-based educational programs; and (3) to create a system by which information from programs funded under this part will be collected, analyzed, evaluated, reported, and used in decisionmaking activities regarding the types of grants awarded under this part. 5303. Native Hawaiian Education Council Grant (a) Grant Authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to an education council, as described under subsection (b). (b) Education Council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council ) that meets the requirements of this subsection. (2) Composition The Education Council shall consist of 15 members of whom— (A) one shall be the President of the University of Hawaii (or a designee); (B) one shall be the Governor of the State of Hawaii (or a designee); (C) one shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) one shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) one shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) one shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) one shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) one shall be a member, selected by the other members of the Education Council, who represents a private grant-making entity; (I) one shall be the Mayor of the County of Hawaii (or a designee); (J) one shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) one shall be the Mayor of the County of Kauai (or a designee); (L) one shall be appointed by the Mayor of Maui County from the Island of either Molokai or Lanai; (M) one shall be the Mayor of the City and County of Honolulu (or a designee); (N) one shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) one shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian education or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a recipient of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair, vice chair (A) Selection The Education Council shall select a Chair and a Vice Chair from among the members of the Education Council. (B) Term limits The Chair and Vice Chair shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chair of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of Funds for Coordination Activities The Education Council shall use funds made available through the grant to carry out each of the following activities: (1) Providing advice about the coordination, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of Funds for Technical Assistance The Education Council shall use funds made available through the grant to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in section 5304(c) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these priorities; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State student academic achievement standards; and (iv) priorities for funding in specific geographic communities. (e) Use of Funds for Community consultations The Education Council shall use funds made available through the grant under subsection (a) to hold not less than one community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not less than three members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 5305(d)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. (g) Report Beginning not later than 2 years after the date of the enactment of the Student Success Act, and for each subsequent year, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives, and the Committee on Indian Affairs and the Committee on Health, Education, Labor, and Pensions of the Senate, a report that— (1) summarizes the annual reports of the Education Council; (2) describes the allocation and use of funds under this part and the information gathered since the first annual report submitted by the Education Council to the Secretary under this section; and (3) contains recommendations for changes in Federal, State, and local policy to advance the purposes of this part. 5304. Grant Program authorized (a) Grants and contracts In order to carry out programs that meet the purposes of this part, the Secretary is authorized to award grants to, or enter into contracts with— (1) Native Hawaiian educational organizations; (2) Native Hawaiian community-based organizations; (3) public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian education and workforce development programs or programs of instruction in the Native Hawaiian language; (4) charter schools; and (5) consortia of the organizations, agencies, and institutions described in paragraphs (1) through (4). (b) Priority In awarding grants and entering into contracts under this part, the Secretary shall give priority to— (1) programs that meet the educational priority recommendations of the Education Council, as described under section 5303(d)(6)(D); (2) the repair and renovation of public schools that serve high concentrations of Native Hawaiian students; (3) programs designed to improve the academic achievement of Native Hawaiian students by meeting their unique cultural and language needs in order to help such students meet challenging State student academic achievement standards, including activities relating to— (A) achieving competence in reading, literacy, mathematics, and science for students in preschool through grade 3; (B) the educational needs of at-risk children and youth; (C) professional development for teachers and administrators; (D) the use of Native Hawaiian language and preservation or reclamation of Native Hawaiian culture-based educational practices; and (E) other programs relating to the activities described in this part; and (4) programs in which a local educational agency, institution of higher education, or a State educational agency in partnership with a nonprofit entity serving underserved communities within the Native Hawaiian population apply for a grant or contract under this part as part of a partnership or consortium. (c) Authorized activities Activities provided through programs carried out under this part may include— (1) the development and maintenance of a statewide Native Hawaiian early education and care system to provide a continuum of high-quality early learning services for Native Hawaiian children from the prenatal period through the age of kindergarten entry; (2) the operation of family-based education centers that provide such services as— (A) early care and education programs for Native Hawaiians; and (B) research on, and development and assessment of, family-based, early childhood, and preschool programs for Native Hawaiians; (3) activities that enhance beginning reading and literacy in either the Hawaiian or the English language among Native Hawaiian students in kindergarten through grade 3 and assistance in addressing the distinct features of combined English and Hawaiian literacy for Hawaiian speakers in grades 5 and 6; (4) activities to meet the special needs of Native Hawaiian students with disabilities, including— (A) the identification of such students and their needs; (B) the provision of support services to the families of such students; and (C) other activities consistent with the requirements of the Individuals with Disabilities Education Act; (5) activities that address the special needs of Native Hawaiian students who are gifted and talented, including— (A) educational, psychological, and developmental activities designed to assist in the educational progress of such students; and (B) activities that involve the parents of such students in a manner designed to assist in the educational progress of such students; (6) the development of academic and vocational curricula to address the needs of Native Hawaiian students, including curricula materials in the Hawaiian language and mathematics and science curricula that incorporate Native Hawaiian tradition and culture; (7) professional development activities for educators, including— (A) the development of programs to prepare prospective teachers to address the unique needs of Native Hawaiian students within the context of Native Hawaiian culture, language, and traditions; (B) in-service programs to improve the ability of teachers who teach in schools with high concentrations of Native Hawaiian students to meet the unique needs of such students; and (C) the recruitment and preparation of Native Hawaiians, and other individuals who live in communities with a high concentration of Native Hawaiians, to become teachers; (8) the operation of community-based learning centers that address the needs of Native Hawaiian students, parents, families, and communities through the coordination of public and private programs and services, including— (A) early education programs; (B) before, after, and Summer school programs, expanded learning time, or weekend academies; (C) career and technical education programs; and (D) programs that recognize and support the unique cultural and educational needs of Native Hawaiian children, and incorporate appropriately qualified Native Hawaiian elders and seniors; (9) activities, including program co-location, that ensure Native Hawaiian students graduate college and career ready including— (A) family literacy services; (B) counseling, guidance, and support services for students; and (C) professional development activities designed to help educators improve the college and career readiness of Native Hawaiian students; (10) research and data collection activities to determine the educational status and needs of Native Hawaiian children and adults; (11) other research and evaluation activities related to programs carried out under this part; and (12) other activities, consistent with the purposes of this part, to meet the educational needs of Native Hawaiian children and adults. (d) Additional activities Notwithstanding any other provision of this part, funds made available to carry out this section as of the day before the date of the enactment of the Student Success Act shall remain available until expended. The Secretary shall use such funds to support the following: (1) The repair and renovation of public schools that serve high concentrations of Native Hawaiian students. (2) The perpetuation of, and expansion of access to, Hawaiian culture and history through digital archives. (3) Informal education programs that connect traditional Hawaiian knowledge, science, astronomy, and the environment through State museums or learning centers. (4) Public charter schools serving high concentrations of Native Hawaiian students. (e) Administrative costs (1) In general Except as provided in paragraph (2), not more than 5 percent of funds provided to a recipient of a grant or contract under this section for any fiscal year may be used for administrative purposes. (2) Exception The Secretary may waive the requirement of paragraph (1) for a nonprofit entity that receives funding under this section and allow not more than 10 percent of funds provided to such nonprofit entity under this section for any fiscal year to be used for administrative purposes. 5305. Administrative provisions (a) Application required No grant may be made under this part, and no contract may be entered into under this part, unless the entity seeking the grant or contract submits an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine to be necessary to carry out the provisions of this part. (b) Direct grant applications The Secretary shall provide a copy of all direct grant applications to the Education Council. (c) Supplement not supplant (1) In general Except as provided in paragraph (2), funds made available under this part shall be used to supplement, and not supplant, any State or local funds used to achieve the purposes of this part. (2) Exception Paragraph (1) shall not apply to any nonprofit entity or Native Hawaiian community-based organization that receives a grant or other funds under this part. (d) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this part $34,181,000 for each of fiscal years 2016 through 2019. (2) Reservation Of the funds appropriated under this subsection, the Secretary shall reserve, for each fiscal year after the date of the enactment of the Student Success Act not less than $500,000 for the grant to the Education Council under section 5303. (3) Availability Funds appropriated under this subsection shall remain available until expended. . VI General provisions for the Act 601. General provisions for the Act (a) Amending title VI Title VI ( 20 U.S.C. 7301 et seq. ) is amended to read as follows: VI General Provisions A Definitions 6101. Definitions Except as otherwise provided, in this Act: (1) Average daily attendance (A) In general Except as provided otherwise by State law or this paragraph, the term average daily attendance means— (i) the aggregate number of days of attendance of all students during a school year; divided by (ii) the number of days school is in session during that year. (B) Conversion The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data). (C) Special rule If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this Act— (i) consider the child to be in attendance at a school of the agency making the payment; and (ii) not consider the child to be in attendance at a school of the agency receiving the payment. (D) Children with disabilities If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act, the Secretary shall, for the purpose of this Act, consider the child to be in attendance at a school of the agency making the payment. (2) Average per-pupil expenditure The term average per-pupil expenditure means, in the case of a State or of the United States— (A) without regard to the source of funds— (i) the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus (ii) any direct current expenditures by the State for the operation of those agencies; divided by (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year. (3) Charter school The term charter school means a public school that— (A) in accordance with a specific State statute authorizing the granting of charters to schools, is exempt from significant State or local rules that inhibit the flexible operation and management of public schools, but not from any rules relating to the other requirements of this paragraph; (B) is created by a developer as a public school, or is adapted by a developer from an existing public school, and is operated under public supervision and direction; (C) operates in pursuit of a specific set of educational objectives determined by the school’s developer and agreed to by the authorized public chartering agency; (D) provides a program of elementary or secondary education, or both; (E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and is not affiliated with a sectarian school or religious institution; (F) does not charge tuition; (G) complies with the Age Discrimination Act of 1975, title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, section 504 of the Rehabilitation Act of 1973, part B of the Individuals with Disabilities Education Act, the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 444 of the General Education Provisions Act ( 20 U.S.C. 1232(g) ) (commonly known as the Family Education Rights and Privacy Act of 1974 ); (H) is a school to which parents choose to send their children, and admits students on the basis of a lottery if more students apply for admission than can be accommodated, except that in cases in which students who are enrolled in a charter school affiliated (such as by sharing a network) with another charter school, those students may be automatically enrolled in the next grade level at such other charter school, so long as a lottery is used to fill seats created through regular attrition in student enrollment; (I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State; (J) meets all applicable Federal, State, and local health and safety requirements; (K) operates in accordance with State law; (L) has a written performance contract with the authorized public chartering agency in the State that includes a description of how student performance will be measured in charter schools pursuant to State assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the authorized public chartering agency and the charter school; and (M) may serve prekindergarten or postsecondary students. (4) Child The term child means any person within the age limits for which the State provides free public education. (5) Child with a disability The term child with a disability has the same meaning given that term in section 602 of the Individuals with Disabilities Education Act. (6) Community-based organization The term community-based organization means a public or private nonprofit organization of demonstrated effectiveness that— (A) is representative of a community or significant segments of a community; and (B) provides educational or related services to individuals in the community. (7) Consolidated local application The term consolidated local application means an application submitted by a local educational agency pursuant to section 6305. (8) Consolidated local plan The term consolidated local plan means a plan submitted by a local educational agency pursuant to section 6305. (9) Consolidated state application The term consolidated State application means an application submitted by a State educational agency pursuant to section 6302. (10) Consolidated state plan The term consolidated State plan means a plan submitted by a State educational agency pursuant to section 6302. (11) County The term county means one of the divisions of a State used by the Secretary of Commerce in compiling and reporting data regarding counties. (12) Covered program The term covered program means each of the programs authorized by— (A) part A of title I; (B) title II; and (C) part B of title III. (13) Current expenditures The term current expenditures means expenditures for free public education— (A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but (B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I. (14) Department The term Department means the Department of Education. (15) Direct student services The term direct student services means public school choice or high-quality academic tutoring that are designed to help increase academic achievement for students. (16) Distance education The term distance education means the use of one or more technologies to deliver instruction to students who are separated from the instructor and to support regular and substantive interaction between the students and the instructor synchronously or nonsynchronously. (17) Educational service agency The term educational service agency means a regional public multiservice agency authorized by State statute to develop, manage, and provide services or programs to local educational agencies. (18) Elementary school The term elementary school means a nonprofit institutional day or residential school, including a public elementary charter school, that provides elementary education, as determined under State law. (19) English learner The term English learner , when used with respect to an individual, means an individual— (A) who is aged 3 through 21; (B) who is enrolled or preparing to enroll in an elementary school or secondary school; (C) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American or Alaska Native, or a native resident of the outlying areas; and (II) who comes from an environment where a language other than English has had a significant impact on the individual’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (D) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual— (i) the ability to meet the State’s academic standards described in section 1111; (ii) the ability to successfully achieve in classrooms where the language of instruction is English; or (iii) the opportunity to participate fully in society. (20) Extended-year adjusted cohort graduation rate (A) In general The term extended-year adjusted cohort graduation rate means the ratio where— (i) the denominator consists of the number of students who form the original cohort of entering first-time 9th grade students enrolled in the high school no later than the effective date for student membership data submitted annually by State educational agencies to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act, adjusted by— (I) adding the students who joined that cohort, after the time of the determination of the original cohort; and (II) subtracting only those students who left that cohort, after the time of the determination of the original cohort, as described in subparagraph (B); and (ii) the numerator consists of the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— (I) one or more additional years beyond the fourth year of high school; or (II) a summer session immediately following the additional year of high school. (B) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, emigrated to another country, transferred to a prison or juvenile facility, or is deceased. (C) Transferred out (i) In general For purposes of this paragraph, the term transferred out means a student who the high school or local educational agency has confirmed, according to clause (ii), has transferred— (I) to another school from which the student is expected to receive a regular high school diploma; or (II) to another educational program from which the student is expected to receive a regular high school diploma. (ii) Confirmation requirements (I) Documentation required The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation from the receiving school or program that the student enrolled in the receiving school or program. (II) Lack of confirmation A student who was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the denominator of the extended-year adjusted cohort. (iii) Programs not providing credit A student who is retained in grade or who is enrolled in a GED or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma shall not be considered transferred out and shall remain in the extended-year adjusted cohort. (D) Special rule For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data submitted annually by State educational agencies to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act. (21) Family literacy services The term family literacy services means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (A) Interactive literacy activities between parents and their children. (B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (C) Parent literacy training that leads to economic self-sufficiency. (D) An age-appropriate education to prepare children for success in school and life experiences. (22) Four-year adjusted cohort graduation rate (A) In general The term four-year adjusted cohort graduation rate means the ratio where— (i) the denominator consists of the number of students who form the original cohort of entering first-time 9th grade students enrolled in the high school no later than the effective date for student membership data submitted annually by State educational agencies to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act, adjusted by— (I) adding the students who joined that cohort, after the time of the determination of the original cohort; and (II) subtracting only those students who left that cohort, after the time of the determination of the original cohort, as described in subparagraph (B); and (ii) the numerator consists of the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— (I) the fourth year of high school; or (II) a summer session immediately following the fourth year of high school. (B) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation to confirm that the student has transferred out, emigrated to another country, transferred to a prison or juvenile facility, or is deceased. (C) Transferred out (i) In general For purposes of this paragraph, the term transferred out means a student who the high school or local educational agency has confirmed, according to clause (ii), has transferred— (I) to another school from which the student is expected to receive a regular high school diploma; or (II) to another educational program from which the student is expected to receive a regular high school diploma. (ii) Confirmation requirements (I) Documentation required The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation from the receiving school or program that the student enrolled in the receiving school or program. (II) Lack of confirmation A student who was enrolled, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort. (iii) Programs not providing credit A student who is retained in grade or who is enrolled in a GED or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma shall not be considered transferred out and shall remain in the adjusted cohort. (D) Special rule For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the effective date for student membership data submitted annually by State educational agencies to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act. (23) Free public education The term free public education means education that is provided— (A) at public expense, under public supervision and direction, and without tuition charge; and (B) as elementary school or secondary school education as determined under applicable State law, except that the term does not include any education provided beyond grade 12. (24) Gifted and talented The term gifted and talented , when used with respect to students, children, or youth, means students, children, or youth who give evidence of high achievement capability in areas such as intellectual, creative, artistic, or leadership capacity, or in specific academic fields, and who need services or activities not ordinarily provided by the school in order to fully develop those capabilities. (25) High-quality academic tutoring The term ‘high-quality academic tutoring’ means supplemental academic services that— (A) are in addition to instruction provided during the school day; (B) are provided by a non-governmental entity or local educational agency that— (i) is included on a State educational agency approved provider list after demonstrating to the State educational agency that its program consistently improves the academic achievement of students; and (ii) agrees to provide parents of children receiving high-quality academic tutoring, the appropriate local educational agency, and school with information on participating students increases in academic achievement, in a format, and to the extent practicable, a language that such parent can understand, and in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ); (C) are selected by the parents of students who are identified by the local educational agency as being eligible for such services from among providers on the approved provider list described in subparagraph (B)(i); (D) meet all applicable Federal, State, and local health, safety, and civil rights laws; and (E) ensure that all instruction and content are secular, neutral, and non-ideological. (26) High school The term high school means a secondary school that— (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. (27) Institution of higher education The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965. (28) Local educational agency (A) In general The term local educational agency means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools. (B) Administrative control and direction The term includes any other public institution or agency having administrative control and direction of a public elementary school or secondary school. (C) BIE schools The term includes an elementary school or secondary school funded by the Bureau of Indian Education but only to the extent that including the school makes the school eligible for programs for which specific eligibility is not provided to the school in another provision of law and the school does not have a student population that is smaller than the student population of the local educational agency receiving assistance under this Act with the smallest student population, except that the school shall not be subject to the jurisdiction of any State educational agency other than the Bureau of Indian Education. (D) Educational service agencies The term includes educational service agencies and consortia of those agencies. (E) State educational agency The term includes the State educational agency in a State in which the State educational agency is the sole educational agency for all public schools. (29) Native American and native American language The terms Native American and Native American language have the same meaning given those terms in section 103 of the Native American Languages Act of 1990. (30) Other staff The term other staff means specialized instructional support personnel, librarians, career guidance and counseling personnel, education aides, and other instructional and administrative personnel. (31) Outlying area The term outlying area — (A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; (B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( Public Law 99–658 ; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and (C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ; 117 Stat. 2751). (32) Parent The term parent includes a legal guardian or other person standing in loco parentis (such as a grandparent, stepparent, or foster parent with whom the child lives, or a person who is legally responsible for the child’s welfare). (33) Parental involvement The term parental involvement means the participation of parents in regular, two-way, and meaningful communication involving student academic learning and other school activities, including ensuring— (A) that parents play an integral role in assisting in their child’s learning; (B) that parents are encouraged to be actively involved in their child’s education at school; (C) that parents are full partners in their child’s education and are included, as appropriate, in decisionmaking and on advisory committees to assist in the education of their child; and (D) the carrying out of other activities, such as those described in section 1118. (34) Pay for success initiatives The term pay for success initiatives means initiatives— (A) that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; (B) except as provided in subparagraph (D)(i), that make payments only when agreed-upon outcomes are achieved; (C) for which a feasibility study is conducted on the initiative describing how the proposed intervention is based on strong or moderate evidence of effectiveness and how the initiative will meet the requirements of subparagraph (A); and (D) for which— (i) an evaluation, which may be paid for out of funding for the pay for success initiative without respect to a successful outcome, is included that uses experimental designs using random assignment or other research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible by an independent evaluator to determine whether the initiative has met the outcomes described in subparagraph (A); and (ii) the State or local educational agency produces an annual, publicly available report on the progress of the initiative in meeting the requirements of subparagraph (A), as appropriate. (35) Poverty line The term poverty line means the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. (36) Professional development The term professional development — (A) includes evidence-based, job-embedded, continuous activities that— (i) improve and increase teachers’ knowledge of the academic subjects the teachers teach, and enable teachers to become effective educators; (ii) are an integral part of broad schoolwide and districtwide educational improvement plans; (iii) give teachers, school leaders, other staff, and administrators the knowledge and skills to provide students with the opportunity to meet State academic standards; (iv) improve classroom management skills; (v) (I) have a positive and lasting impact on classroom instruction and the teacher’s performance in the classroom; and (II) are not 1-day or short-term workshops or conferences; (vi) support the recruiting, hiring, and training of effective teachers, including teachers who became certified or licensed through State and local alternative routes to certification; (vii) advance teacher understanding of effective instructional strategies that are strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers, including through addressing the social and emotional development needs of students; (viii) are aligned with and directly related to— (I) State academic standards and assessments; and (II) the curricula and programs tied to the standards described in subclause (I); (ix) are developed with extensive participation of teachers, school leaders, parents, and administrators of schools to be served under this Act; (x) are designed to give teachers of English learners and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments; (xi) to the extent appropriate, provide training for teachers, other staff, and school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used to improve teaching and learning in the curricula and core academic subjects in which the students receive instruction; (xii) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of the professional development; (xiii) provide instruction in methods of teaching children with special needs; (xiv) include instruction in the use of data and assessments to inform and instruct classroom practice; and (xv) include instruction in ways that teachers, school leaders, specialized instructional support personnel, other staff, and school administrators may work more effectively with parents; and (B) may include evidence-based, job-embedded, continuous activities that— (i) involve the forming of partnerships with institutions of higher education to establish school-based teacher training programs that provide prospective teachers and new teachers with an opportunity to work under the guidance of experienced teachers and college faculty; (ii) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under subpart 1 of part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; and (iii) provide follow-up training to individuals who have participated in activities described in subparagraph (A) or another clause of this subparagraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom. (37) Regular high school diploma (A) In general The term regular high school diploma means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma. Such term shall not include a GED or other recognized equivalent of a diploma, a certificate of attendance, or any lesser diploma award. (B) Exception for students with significant cognitive disabilities For a student who is assessed using an alternate assessment aligned to alternate academic standards under section 1111(b)(1)(D), receipt of a regular high school diploma as defined under subparagraph (A) or a State-defined alternate diploma obtained within the time period for which the State ensures the availability of a free appropriate public education and in accordance with section 612(a)(1) of the Individuals with Disabilities Education Act shall be counted as graduating with a regular high school diploma for the purposes of this Act. (38) School leader The term school leader means a principal, assistant principal, or other individual who is— (A) an employee or officer of a school, local educational agency, or other entity operating the school; and (B) responsible for— (i) the daily instructional leadership and managerial operations in the school building; and (ii) creating the optimum conditions for student learning. (39) Secondary school The term secondary school means a nonprofit institutional day or residential school, including a public secondary charter school, that provides secondary education, as determined under State law, except that the term does not include any education beyond grade 12. (40) Secretary The term Secretary means the Secretary of Education. (41) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel means school counselors, school social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act) as part of a comprehensive program to meet student needs. (B) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel. (42) State The term State means each of the 50 States, the District of Columbia, the Commonwealth 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 communication technology products, services, or tools, including, but not limited to, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content and data storage. 6102. Applicability of title Parts B, C, D, and E of this title do not apply to title IV of this Act. 6103. Applicability to Bureau of Indian Education operated schools For the purpose of any competitive program under this Act— (1) a consortium of schools operated by the Bureau of Indian Education; (2) a school operated under a contract or grant with the Bureau of Indian Education in consortium with another contract or grant school or a tribal or community organization; or (3) a Bureau of Indian Education school in consortium with an institution of higher education, a contract or grant school, or a tribal or community organization, shall be given the same consideration as a local educational agency. B Flexibility in the Use of Administrative and Other Funds 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 available 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 (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 section for administrative activities designed to enhance the effective and coordinated use of funds under programs 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 regarding model programs and practices; (E) technical assistance under any program under this Act; (F) State-level activities designed to carry out this title; (G) training personnel engaged in audit and other monitoring activities; and (H) implementation of the Cooperative Audit Resolution and Oversight Initiative of the Department. (c) Records A State educational agency that consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of programs included in the consolidation under subsection (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 administration. (e) Unused administrative funds If a State educational agency does not use all of the funds available to the agency under this section for administration, the agency may use those funds during the applicable period of availability as funds available under one or more programs 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 educational agency may consolidate the amounts described in subsection (a) for those purposes under title I. 6202. Single local educational agency States A State educational agency that also serves as a local educational agency shall, in its applications or plans under this Act, describe how the agency will eliminate duplication in conducting administrative functions. 6203. Consolidation of funds for local administration (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 educational agency, may consolidate and use for the administration 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 agencies in the State, establish procedures for responding to requests from local educational agencies to consolidate administrative funds under subsection (a) and for establishing limitations on the amount of funds under those programs that may be used for administration on a consolidated basis. (c) Conditions A local educational agency that consolidates administrative funds under this section for any fiscal year shall not use any other funds under the programs included in the consolidation for administration for that fiscal year. (d) Uses of Administrative Funds A local 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 consolidates administrative funds under this section shall not be required to keep separate records, by individual program, to account for costs relating to the administration of the programs included in the consolidation. 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 for homeless children and youth program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act, the amounts allotted to the Department of the Interior under those programs. (2) Agreement (A) In general The Secretary and the Secretary of the Interior shall enter into an agreement, consistent with the requirements of the programs specified in paragraph (1), for the distribution and use of those program funds under terms that the Secretary determines best meet the purposes of those programs. (B) Contents The agreement shall— (i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness; and (ii) be developed in consultation with Indian tribes. (b) Administration The Department of the Interior 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. C Coordination of Programs; Consolidated State and Local Plans and Applications 6301. Purposes The purposes of this part are— (1) to improve teaching and learning by encouraging greater cross-program coordination, planning, and service delivery; (2) to provide greater flexibility to State and local authorities through consolidated plans, applications, and reporting; and (3) to enhance the integration of programs under this Act with State and local programs. 6302. Optional consolidated State plans or applications (a) General authority (1) Simplification In order to simplify application requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection (b), shall establish 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 requirements of this section for— (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 programs to which the consolidated State plan or consolidated State application under this section applies. (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 educational agencies, public and private agencies, organizations, and institutions, private schools, and parents, 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, information, 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, assurances (including assurances of compliance with applicable 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 application. 6303. Consolidated reporting (a) In general In order to simplify reporting requirements 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 information 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 separate individual annual reports for the programs included in the consolidated State annual report. 6304. General applicability of State educational 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 assurances, 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 program provides for assistance to those entities; and (B) the public agency, eligible private agency, institution, or organization, or Indian tribe will administer those funds and property to the extent required by the authorizing law; (3) the State will adopt and use proper methods of administering each such program, including— (A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; (B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and (C) the adoption of written procedures for the receipt and resolution of complaints alleging violations of law in the administration of the programs; (4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or other Federal officials; (5) the State will use such fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, Federal funds paid to the State under each such program; (6) the State will— (A) make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary’s duties under each such program; and (B) maintain such records, provide such information to the Secretary, and afford such access to the records as the Secretary may find necessary to carry out the Secretary’s duties; and (7) before the plan or application was submitted to the Secretary, the State afforded a reasonable 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. 6305. Consolidated local plans or applications (a) General authority (1) Consolidated plan A local educational agency receiving funds under more than one covered program may submit plans or applications to the State educational agency under those programs on a consolidated basis. (2) Availability to governor The State educational agency shall make any consolidated local plans and applications available to the Governor. (b) Required consolidated plans or applications A State educational agency that has an approved consolidated State plan or application under section 6302 may require local educational agencies in the State receiving funds under more than one program included in the 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 procedures for the submission of the consolidated State plans or consolidated State applications under this section. (d) Necessary materials The State educational agency shall require only descriptions, information, assurances, and other material that are absolutely necessary for the consideration of the local educational agency plan or application. 6306. Other general assurances (a) Assurances Any applicant, other than a State educational agency that submits a plan or application under this Act, shall have on file with the State educational agency a single set of assurances, applicable to each 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; (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 administer the funds and property to the extent required by the authorizing statutes; (3) the applicant will adopt and use proper methods of administering each such program, including— (A) the enforcement of any obligations imposed by law on agencies, institutions, organizations, and other recipients responsible for carrying out each program; and (B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; (4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary, or other Federal officials; (5) the applicant will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and accounting for, Federal funds paid to the applicant under each such program; (6) the applicant will— (A) submit such reports to the State educational agency (which shall make the reports available to the Governor) and the Secretary as the State educational agency and Secretary may require to enable the State educational agency and the Secretary to perform their duties under each such program; and (B) maintain such records, provide such information, and afford such access to the records as the State educational agency (after consultation with the Governor) or the Secretary may reasonably require to carry out the State educational agency’s or the Secretary’s duties; and (7) before the application was submitted, the applicant afforded a reasonable opportunity for public comment on the application and considered such comment. (b) GEPA provision Section 442 of the General Education Provisions Act shall not apply to programs under this Act. D Waivers 6401. Waivers of statutory and regulatory requirements (a) In general (1) Request for waiver A State educational agency, local educational agency, or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Receipt of waiver Except as provided in subsection (c) and subject to the limits in subsection (b)(5)(A), the Secretary shall waive any statutory 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 agency, local educational agency, or Indian tribe that desires a waiver under this section shall submit a waiver request to the Secretary, which shall include a plan that— (A) identifies the Federal programs affected 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 educational agency, local educational agency, or Indian tribe will use to monitor the effectiveness of the implementation of the plan; and (E) describes how schools will continue to provide assistance to the same populations served by programs for which the waiver is requested. (2) Additional information A waiver request under this section— (A) may provide for waivers of requirements applicable to State educational agencies, local educational agencies, Indian tribes, and schools; and (B) shall be developed and submitted— (i) (I) by local educational agencies (on behalf of those agencies and schools) to State educational agencies; and (II) by State educational agencies (on their own behalf, or on behalf of, and based 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 Secretary. (3) General requirements (A) State educational agencies In the case of a waiver request submitted by a State educational agency acting on its own behalf, or on behalf of local educational agencies in the State, the State educational agency shall— (i) provide the public and local educational 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 (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 provides 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 accompanied by the comments, if any, of the State educational agency and the public; and (ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public. (4) Peer review (A) Establishment The Secretary shall establish a multi-disciplinary peer review team, which shall meet the requirements of section 6543, to review waiver requests under this 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 review Peer reviewers shall conduct a good faith review of waiver requests submitted to them under this section. Peer reviewers shall review such waiver requests— (i) in their totality; (ii) in deference to State and local judgment; and (iii) with the goal of promoting State- and local-led innovation. (5) Waiver determination, demonstration, and revision (A) In general The Secretary shall approve a waiver request not more than 60 days after the date on which such request is 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 deference to State and local judgment, provides no reasonable evidence to determine that a waiver will enhance student academic achievement; or (iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan. (B) Waiver determination and revision If the Secretary determines and demonstrates that the waiver request does not meet the requirements of this section, the Secretary shall— (i) immediately— (I) notify the State educational agency, local educational agency, or Indian tribe of such determination; and (II) at the request of the State educational agency, local educational agency, or Indian tribe, provide detailed reasons for such determination in writing; (ii) offer the State educational agency, 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 requirements of this section, at the request of the State educational agency, local educational agency, or Indian tribe, conduct a public hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may disapprove a waiver request if— (i) the State educational agency, local educational agency, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of 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 determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if requested. (D) External conditions The Secretary shall not, directly or indirectly, require or impose new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this Act. (c) Restrictions The Secretary shall not waive under this section any statutory or regulatory requirements relating to— (1) the allocation or distribution of funds to States, local educational agencies, Indian tribes, or other recipients of funds under this Act; (2) comparability of services; (3) use of Federal funds to supplement, not 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 participate in activities under subpart 1 of part A of title I if the percentage of children from low-income families in the school attendance area or who attend the school is not more than 10 percentage points below the lowest percentage of those children for any school attendance area or school of the local educational agency that meets the requirements of subsections (a) and (b) of section 1113. (d) Duration and extension of waiver; limitations (1) In general Except as provided in paragraph (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 enabling the State or affected recipient to carry out the activities for which the waiver was requested and the waiver has contributed to improved 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 request, 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; (B) use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or (C) include in, or delete from, such waiver request any criterion that specifies, defines, describes, or prescribes the standards or measures that a State or local educational agency or Indian tribe uses to establish, implement, or improve— (i) State academic standards; (ii) academic assessments; (iii) State accountability systems; or (iv) teacher and school leader evaluation systems. (e) Reports (1) Waiver reports A State educational agency, local educational agency, or Indian tribe that receives a waiver under this section shall, at the end of the second year for which a waiver is received under this section and each subsequent year, submit a report to the Secretary that— (A) describes the uses of the waiver by the agency or by schools; (B) describes how schools continued to 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 achievement of students. (2) Report to Congress The Secretary shall annually submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report— (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 affected by the waiver has been inadequate to justify a continuation of the waiver and the recipient of the waiver has failed to make revisions needed to carry out the purpose of the waiver, or if the waiver is no longer necessary to achieve its original purpose. (g) Publication A notice of the Secretary’s decision 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 educational agencies, interested parties, including educators, parents, students, advocacy and civil rights organizations, and the public. E Uniform Provisions 1 Private Schools 6501. Participation by private school children and teachers (a) Private school participation (1) In general Except as otherwise provided in this Act, to the extent consistent with the number of eligible children in areas served by a State educational agency, local educational agency, educational service agency, consortium of those agencies, or another entity receiving financial assistance under a program specified in subsection (b), who are enrolled in private elementary schools and secondary schools in areas served by such agency, consortium, or entity, the agency, consortium, or entity shall, after timely and meaningful consultation with appropriate private school officials or their representatives, provide to those children and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits that address their needs under the program. (2) Secular, neutral, and nonideological services or benefits Educational services or other benefits, including materials and equipment, provided under this section, shall be secular, neutral, and nonideological. (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 comparison 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 equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall designate the ombudsman designated by the agency under section 1120(a)(3)(B) to monitor and enforce requirements of this section. (4) Expenditures (A) In general Expenditures for educational services and other benefits to eligible private school children, teachers, and other service personnel shall be equal to the expenditures for participating public school children, taking into account the number and educational needs, of the children to be served. (B) Obligation of funds Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall— (i) be obligated in the fiscal year for which the funds are received by the agency; and (ii) with respect to any such funds that cannot be so obligated, be used to serve such children in the following fiscal year. (C) Notice of allocation Each State educational agency shall— (i) determine, in a timely manner, the proportion of funds to be allocated to each local educational agency in the State for educational services and other benefits under this subpart to eligible private school children; and (ii) provide notice, simultaneously, to each such local educational agency and the appropriate private school officials or their representatives in the State of such allocation 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 programs under— (A) subpart 2 of part A of title I; (B) subpart 4 of part A of title I; (C) part A of title II; (D) part B of title II; and (E) part B of title III. (2) Definition For the purpose of this section, the term eligible children means children eligible for services under a program described in paragraph (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 during the design and development of the programs under this Act, on issues such as— (A) how the children’s needs will be identified; (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 allocated for such services, how that proportion of funds is determined, and an itemization of the costs of the services to be provided; (F) how and when the agency, consortium, or entity will make decisions about the delivery of services, including a thorough consideration and analysis of the views of the private school 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 representatives on the provision of services through a contract, the local educational agency will provide in writing to such private school officials or their representatives an analysis of the reasons why the local educational agency has chosen not to use a contractor; (H) whether the agency will provide services under this section directly or through contracts with public or private agencies, organizations, or institutions; and (I) whether to provide equitable services to eligible private school children— (i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4) based on all the children from low-income families who attend private schools in a participating school attendance area from which the local educational agency will provide such services to all such children; or (ii) by providing such services to eligible 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, consortium, or entity disagrees with the views of the private school officials or their representatives with respect to an issue described in paragraph (1), the agency, consortium, or entity shall provide to the private school officials or their representatives a written explanation of the reasons why the local educational agency has chosen not to adopt the course of action requested by such officials or their representatives. (3) Timing The consultation required by paragraph (1) shall occur before the agency, consortium, or entity makes any decision that affects the opportunities of eligible private school children, teachers, and other educational personnel to participate 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, consortium, 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 representatives 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 representatives to indicate that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials or their representatives 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 required under this section is with a local educational 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 required under this section was not meaningful and timely, did not give due consideration to the views of the private school official or representative, or did not treat the private school or its students equitably as required by this section. (B) Procedure If the private school official or representative wishes to file a complaint, the private school official or representative shall provide the basis of the noncompliance with this section and all parties shall provide the appropriate documentation to the appropriate officials or representatives. (C) Services A State educational 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 officials or their representatives have— (I) requested that the State educational agency provide such services directly; and (II) demonstrated that the local educational agency or Education Service 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 private elementary schools or secondary schools in such agency’s school attendance areas, as defined in section 1113(a)(2)(A), that are not being served by the agency’s program under this section; or (II) 90 percent of the eligible private school students in a school attendance 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 services 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, 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 prohibited Funds used to provide services under this section shall not be commingled with non-Federal funds. 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 participation 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 services to those children, teachers, or other educational personnel through arrangements that shall be subject to the requirements of this section and of sections 6501, 6503, and 6504. (b) Determination In making the determination under subsection (a), the Secretary shall consider one or more factors, including the quality, size, scope, and location of the program, and the opportunity of private school children, teachers, and other educational personnel to participate in the program. 6503. Complaint process for participation of private school children (a) Procedures for complaints The Secretary 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 educational 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 resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal. 2 Prohibitions 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, mandate, direct, incentivize, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curricula, or program 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 common to a significant number of States), nor shall anything in this Act be construed to authorize such officer or employee to do so. (b) Financial support No officer or employee of the Federal Government shall, directly or indirectly, through grants, contracts, or other cooperative agreements, make financial support available in a manner that is conditioned upon a State, local educational agency, or school’s adoption of specific instructional content, academic standards and assessments, curriculum, or program of instruction, (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or 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. 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 agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. (b) Prohibition on endorsement of curriculum Notwithstanding any other prohibition of Federal law, no funds provided to the Department under this Act may be used by the Department directly or indirectly—whether through a grant, contract, or cooperative agreement—to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. (c) Local control Nothing in this Act shall be construed to— (1) authorize an officer or employee of the Federal Government directly or indirectly—whether through a grant, contract, or cooperative agreement—to mandate, direct, review, or control a State, local educational agency, or school’s instructional content, curriculum, and related activities; (2) limit the application of the General Education Provisions Act; (3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or (4) create any legally enforceable right. (d) Prohibition on requiring Federal approval or certification of standards Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. (e) Rule of construction on building standards Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school. 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 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. 6524. Limitations on national testing or certification for teachers (a) Mandatory national testing or certification of teachers Notwithstanding any other provision 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 mandatory nationwide test or certification of teachers or education paraprofessionals, including any planning, development, 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. 6525. Prohibited uses of funds No funds under this Act may be used— (1) for construction, renovation, or repair of any school facility, except as authorized under title IV or otherwise authorized under this Act; (2) for medical services, drug treatment or rehabilitation, except for specialized instructional support services or referral to treatment for students who are victims of, or witnesses to, crime or who illegally use drugs; (3) for transportation unless otherwise authorized under this Act; (4) to develop or distribute materials, or operate 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 obscene materials to minors or any instruction or materials that normalize teen sexual activity as an expected behavior; (6) to provide sex education or HIV-prevention education in schools unless that instruction is age appropriate and includes the health benefits of abstinence; or (7) to operate a program of contraceptive distribution in schools. 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. 6530. Prohibition on requiring State participation Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this Act shall not be required to carry out any of the requirements of such program or programs, and nothing in this Act shall be construed to require a State to participate in any program under this Act. 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 stakeholders and fairly addressing their concerns; or (3) deny any local educational agency the right to object to any administrative requirement, including actions that place additional burdens or cost on the local educational agency. 6532. Schoolchildren’s protection from abortion 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 services to any such student. (b) Rule of construction Nothing in this section 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 section, the term school-based health center has the meaning given such term in section 2110(c)(9) of the Social Security Act ( 42 U.S.C. 1397jj(c)(9) ). 6533. State control over standards (a) In General Nothing in this Act shall be construed 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). 3 Other Provisions 6541. Armed forces recruiter access to students and student recruiting information (a) Policy (1) Access to student recruiting information 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, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student 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 listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational 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 process Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described 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 to institutions of higher education or to prospective employers of those students. (4) Rule of construction prohibiting opt-in processes Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution 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 student shall only be required of and accorded to the student. (b) Notification The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Student Success Act, notify school leaders, school administrators, and other 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 objection is verifiable through the corporate or other organizational documents or materials of that school. 6542. Rulemaking The Secretary shall issue regulations under this Act as prescribed under section 1401 only to the extent that such regulations are necessary to ensure that there is compliance with the specific requirements and assurances required by this Act. 6543. Peer review (a) In general If the Secretary uses a peer review panel to evaluate an application for any program required under this Act, the Secretary shall conduct the panel in 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, except that there shall be at least 75 percent practitioners on each panel and in each group formed from the panel. (c) Guidance The Secretary shall issue the peer review guidance concurrently with the notice of the grant. (d) Reporting The Secretary shall— (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 reviewers’ 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 Secretary’s staff, may not attempt to participate in, or influence, 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 nature, which shall be publicly reported. 6544. Parental consent Upon receipt of written notification from the parents or legal guardians of a student, the local educational agency shall withdraw such student from any program funded under part B of title III. The local educational agency shall make reasonable efforts to inform parents or legal guardians of the content of such programs or activities funded under this Act, other than classroom instruction. 6548. Severability If any provision of this Act is held invalid, the remainder of this Act shall be unaffected thereby. 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 enactment date, and publish such information on the Department’s website; (2) not later than 60 days after such enactment date, identify the number of full-time equivalent 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 Department calculated under paragraph (2); and (4) not later than 1 year after such enactment date, report to the Congress on— (A) the number of employees associated with each program or project authorized under this Act administered by the Department; (B) the number of full-time equivalent employees who were determined to be associated with eliminated or consolidated programs or projects under paragraph (2); (C) how the Secretary reduced the number 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 administer a program or project authorized under this Act by the Department, disaggregated by employee function with each such program or project. 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 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 fiscal year is submitted to Congress annually thereafter, 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 Student Success Act and each year thereafter; (B) determines the reduced need for Federal 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 (C) includes the specific reduced Federal funding amounts and reduced number of employees at the Department necessary for compliance with the provisions of this Act, as amended by the Student Success Act; and (3) not later than one week after Administration’s budget request is submitted to Congress for each fiscal year, submit the report to the Committees on Budget and the Committees on Appropriations of the House of Representatives and the Senate, and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. 6551. Sense of Congress on protecting student privacy (a) Findings The Congress finds as follows: (1) Students’ personally identifiable information 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 notice to parents. (3) With the use of more technology, and more research about student learning, the responsibility to protect students’ personally identifiable information is more important than ever. (4) Regulations allowing more access to students’ personal information could allow that information 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 ensure 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. 4 Restoration of State sovereignty over public education 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 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 affirmatively agreed to abide by the conditions attached to the receipt of such funds. (b) Amendment of terms of receipt of Federal 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 subsection (a)). This approval may be accomplished by a vote to affirm a State budget that includes the use of such Federal funds and any such State budget must expressly include 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 attached to the receipt of such funds. (c) Special rule for States with biennial legislatures In the case of a State with a biennial legislature— (1) during a year in which the State legislature does not meet, subsections (a) and (b) shall not apply; and (2) during a year in which the State legislature 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 authority of the Secretary may not release any additional assistance to the State under that grant program. (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 employee of the State, and any local government authority of the State. (e) Rule of Construction Nothing in this section shall be construed to allow the Secretary to condition the receipt of any grant funds under this Act on the adoption 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 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. 6562. Dedication of savings to deficit reduction Notwithstanding any formula reallocations stipulated 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. 6563. Definition of State with biennial legislature In this Act, the term State with a biennial legislature means a State the legislature of which meets every other year. 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 education 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 individual Americans by the United States Constitution, other than the Federal Government’s undiminishable obligation to enforce minimum Federal standards of equal protection and due process. 6565. Privacy The Secretary shall ensure each grantee receiving funds under this Act understands the importance of privacy protections for students and is aware of their responsibilities under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Education Rights and Privacy Act of 1974 ). F Evaluations 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 program or project; (B) studies of the effectiveness of the program or project and its administrative impact on schools and local educational agencies; and (C) the wide dissemination of evaluation findings under this section with respect to programs authorized under this Act— (i) in a timely fashion; (ii) in forms that are understandable, easily accessible, and usable or adaptable for use in the improvement of educational practice; (iii) through electronic transfer, and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, the Department, 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 programs assisted or authorized under this Act and related 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 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 Department, as appropriate; and (3) that shall not be finalized until— (A) the publication of a notice in the Federal 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 Committee on Health, Education, Labor, and Pensions of the Senate and after review by the Secretary of such comments. (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 elsewhere 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 Redesignation 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 section; (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— (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 striking No Child Left Behind Act of 2001 and inserting Student Success Act . (B) Subpart 2 of part E of title VI (i) Transfer and Redesignation 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— (I) by striking (a) In general.— 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. 602. Repeal Title IX ( 20 U.S.C. 7801 et seq. ), as amended by section 601(b)(1) of this title, is repealed. 603. Other laws Beginning on the date of the enactment of this Act, any reference in law to the term highly qualified as defined 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 Secondary Education Act of 1965 as in effect on the day before the date of the enactment of this Act. 604. Amendment to IDEA Section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ) is amended by striking paragraph (10). VII Homeless Education 701. Statement of policy Section 721 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 ) is amended— (1) by amending paragraph (2) to read as follows: (2) In any State where compulsory residency requirements or other requirements, laws, regulations, 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 undertake steps to revise such laws, regulations, practices, or policies to ensure that homeless children and youths are afforded the same free, appropriate public 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 . 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 amended— (1) in subsection (a), by striking (g). and inserting (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)— (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 improve the identification of homeless children (including preschool-aged homeless children and youths) that enable such children and youths to enroll in, attend, 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 development 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 (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 subsection (a) to after each year to ; (B) in paragraph (2), by striking funds made available for State use under this subtitle 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 inserting section 1111 ; and (ii) in subparagraph (F)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking a report and inserting an annual report ; (bb) by striking and at the end of subclause (II); (cc) by striking the period at the end of subclause (III) and inserting ; and ; and (dd) by adding at the end the following: (IV) the progress the separate schools are making in helping all students meet the State academic standards. ; and (II) in clause (iii), by striking Not later than 2 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the and inserting The ; (6) by amending subsection (f) to read as follows: (f) Functions of the Office of Coordinator The Coordinator for Education of Homeless Children and Youths established in each State shall— (1) gather and make publically available reliable, valid, and comprehensive information on— (A) the number of homeless children and youths identified in the State, posted annually on the State educational agency’s website; (B) the nature and extent of the problems homeless children and youths have in gaining access to public preschool programs and to public elementary schools and secondary schools; (C) the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths; (D) any progress made by the State educational 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 described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 724(h); (4) in order to improve the provision of comprehensive education and related support services to homeless children and youths and their families, coordinate and collaborate with— (A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel; (B) providers of services to homeless children and youths and their families, including services of public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services 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 transitional housing facilities, and providers of transitional living programs for homeless youths; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and (E) community organizations and groups representing homeless children and youths and their families; (5) provide technical assistance to local educational agencies, in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3), paragraphs (3) through (7) of subsection (g), and subsection (h); (6) provide professional development opportunities 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 unaccompanied youths to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle. ; (7) by amending subsection (g) to read as follows: (g) State plan (1) In general In order to be eligible to receive a grant under this section, each State educational agency shall submit to the Secretary a plan to provide for the education of homeless children and youths within the State that includes the following: (A) A description of how such children and youths are (or will be) given the opportunity to meet the same State academic standards 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, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to heighten the awareness of such personnel of the specific needs of homeless adolescents, including runaway and homeless youths. (E) A description of procedures that ensure 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 ensure that— (i) homeless children have equal access to public preschool programs, administered by the State educational agency or local educational agency, as provided to other children in the State; (ii) homeless youths and youths separated 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 are able to participate in Federal, State, or local education programs. (G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3). (H) Strategies to address other problems with respect to the education of homeless children 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 requirements. (I) A demonstration that the State educational 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. (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 stigmatized 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 Federal programs, as a local educational agency liaison for homeless children and youths, to carry out the duties described in paragraph (6)(A). (iii) The State and its local educational 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 unaccompanied youth, the liaison), to and from the school of origin, as determined in paragraph (3)(A), in accordance with the following, as applicable: (I) If the child or youth continues 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 living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing his or her education in the school of 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 responsibility and costs for providing the child with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility 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 requirements of paragraphs (3) through (7). (B) Coordination Such plan shall indicate 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 requirements (A) In general The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest— (i) continue the child's or youth's education in the school of origin for the duration of homelessness— (I) in any case in which a family becomes homeless between academic 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 eligible 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 or youth's parent or guardian, or the unaccompanied youth; (ii) consider student-centered factors related to the child’s or youth’s best interest, 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 involved; (iii) if, after conducting the best interest determination based on consideration 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, guardian, 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 determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including information regarding the right to appeal under subparagraph (E); and (iv) in the case of an unaccompanied youth, ensure that the homeless liaison designated under paragraph (1)(J)(ii) assists 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 selected 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 period of homelessness. (ii) Relevant academic records The enrolling school shall immediately 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 immunizations 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 liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization 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, regarding each homeless child or youth shall be maintained— (i) so that the records involved are available, in a timely fashion, when a child or youth enters a new school or school district; and (ii) in a manner consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (E) Enrollment disputes If a dispute arises over school selection or enrollment in a school— (i) the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals; (ii) the parent, guardian, or unaccompanied 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, guardian, or youth to appeal such decisions; (iii) the parent, guardian, or unaccompanied youth shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously 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 regarding placement shall be made regardless of whether the child or youth lives with the homeless 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 described in clause (i), the term “school of origin” shall include the designated receiving 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 homeless child's or youth's living situation shall be treated as a student education record under section 444 of the General Education Provisions 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 information under section 99.31 of title 34, Code of Federal Regulations. (J) Academic achievement The school selected in accordance with this paragraph shall ensure that homeless children and youths have opportunities to meet the same State academic standards to which other students are held. (4) Comparable services Each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (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 Elementary 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 students. (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 agencies and other agencies or entities providing services to homeless children and youths and their families, including services and programs funded under the Runaway 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 applicable, each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ) to minimize educational disruption for children and youths who become homeless. (C) Coordination purpose The coordination required under subparagraphs (A) and (B) shall be designed to— (i) ensure that all homeless children and youths are promptly identified; (ii) ensure that homeless children and youths have access to, and are in reasonable proximity to, available education and related support services; and (iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (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 section 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 children with disabilities served by that local educational agency and other involved local educational agencies. (6) Local educational agency liaison (A) Duties Each local educational agency liaison for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that— (i) homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies; (ii) homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; (iii) homeless families, children, and youths have access to and receive educational 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 educational agency; (iv) homeless families, children, and youths receive referrals to health care services, dental services, mental health and substances abuse services, housing services, and other appropriate services; (v) the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate 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, including schools, shelters, public libraries, and soup kitchens in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; (vii) enrollment disputes are mediated in accordance with paragraph (3)(E); (viii) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (3)(A); (ix) school personnel providing services 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, including through implementation of the policies and practices required by paragraph (1)(F)(ii); and (III) are informed of their status 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 section 483 of such Act ( 20 U.S.C. 1090 ). (B) Notice State coordinators established under subsection (d)(3) and local educational agencies shall inform school personnel, service providers, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the local educational agency liaisons, including publishing an annually 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 duties, coordinate and collaborate with State coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. Such coordination shall include collecting 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 educational agency and local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the enrollment of homeless children and youths in schools that are selected under paragraph (3). (B) Consideration In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records and other documentation, and guardianship. (C) Special attention Special attention 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 . 703. Local educational agency subgrants for the education of homeless children and youths Section 723 of such Act ( 42 U.S.C. 11433 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking facilitating the enrollment, and inserting facilitating the identification, enrollment, ; (B) in paragraph (2)(A)— (i) by adding and at the end of clause (i); (ii) by striking ; and and inserting a period at the end of clause (ii); and (iii) by striking clause (iii); and (C) by adding at the end the following: (4) Duration of grants Subgrants awarded under this section shall be for terms of not to exceed 3 years. ; (2) in subsection (b)— (A) by striking paragraph (3) and redesignating 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 requested by the State Coordinator pursuant to paragraphs (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) ; (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 application) 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 inserting The extent to which the applicant’s program meets such ; and (II) by striking case management or related ; (iv) by redesignating subparagraph (G) as subparagraph (I) and inserting after subparagraph (F) the following: (G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison 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 Elementary 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)— (i) by striking challenging State academic 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 inserting career ; (C) in paragraph (3), by striking pupil services and inserting specialized instructional support ; (D) in paragraph (7), by striking , and unaccompanied youths, and inserting , particularly 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 designed to increase the meaningful involvement of parents or guardians of homeless children or youths in the education of their children ; (G) in paragraph (12), by striking pupil and inserting specialized instructional support ; and (H) in paragraph (13), by inserting before the period at the end and parental mental health or substance abuse problems . 704. Secretarial responsibilities Section 724 of such Act ( 42 U.S.C. 11434 ) is amended— (1) by amending subsection (c) to read as follows: (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 disseminate the notice nationally to all Federal agencies, program grantees, and grant recipients serving homeless families, children, and youths. ; (2) in subsection (d), by striking and dissemination 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 follows: (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 (2) can review and revise State policies and procedures that may present barriers to the identification, 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 . 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 . 706. Authorization of appropriations Section 726 of such Act ( 42 U.S.C. 11435 ) is amended to read as follows: 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. . VIII Miscellaneous provisions 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 employee’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 suspected 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 between an employee and a minor; and (3) Congress should help protect children and help stop this unacceptable practice in our schools. 802. Preventing improper use of taxpayer funds To ensure any misuse of taxpayer funds is stopped or prevented before it occurs, the Secretary of Education— (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 information so any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use; (2) annually shall notify employees of the Department of Education of their responsibility to report fraud; and (3) shall ensure that applicants for grants or subgrants under such Act are aware of their requirement to submit truthful and accurate information when applying for grants or subgrants and responding to monitoring and compliance reviews. 803. Accountability to taxpayers through monitoring and oversight To ensure better monitoring and oversight of taxpayer funds authorized to be appropriated under the Elementary 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 monitoring and compliance reviews— (A) to understand trends and identify common issues; and (B) to issue guidance to help grantees address these issues before the loss or misuse of taxpayer funding occurs; (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 General in the Department of Education as needed to help ensure that employees of such department understand how to monitor grantees properly and to help grantees monitor any sub-grantees properly. 804. Prohibition of using education funds for excess payments to certain retirement or pension systems (a) In general No State receiving funds authorized under this Act or the amendments made by this Act may require any local educational agency using funds authorized under this Act to hire or pay the salary of teachers 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 responsibility. (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 year, not including any unfunded liabilities the teacher retirement or pension system has accrued. 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, including 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 examine their policies to ensure that, in a manner consistent with the Constitution, law, and court decisions, students, teachers, and school administrators are able to fully participate in activities on elementary and secondary school grounds related to their religious freedom. IX Schools of the Future Act 901. Short title This title may be cited as the Schools of the Future Act . 902. Findings The Congress finds the following: (1) Digital learning technology holds the promise of transforming rural education by removing barriers 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 important 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 rigorous evaluation of their effectiveness increasingly important, as this information would allow school and local educational agency leaders to make informed choices about how best to use these tools to improve student achievement and educational outcomes. (5) High-quality digital learning increases student access to courses that may not have been available to students in rural communities, increasing their college and career readiness. 903. Program authorized (a) Grants to eligible partnerships From the amounts appropriated to carry out this title, the Secretary 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 receives a grant under this title, a school partner in the partnership shall serve as the fiscal agent for the partnership. 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 the Secretary may require, which shall include the following: (1) A description of the eligible partnership, including the name of each of the partners and their respective roles and responsibilities. (2) A description of the technology-based learning practice, tool, strategy, or course that the eligible 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 equitable basis. (5) An assurance that the proposed uses of smartphones, laptops, tablets, or other devices susceptible to inappropriate use have the informed consent of parents or guardians and are not inconsistent with any policies of the local educational agency on the use of such devices. (6) Information relevant to the selection criteria under section 905(c) . (7) A description of the evaluation to be undertaken by the eligible partnership, including— (A) how the school partner and the evaluation partner will work together to implement the practice, tool, strategy, or course in such a way that permits the use of a rigorous, independent evaluation design that meets the standards 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 outcomes 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 capacity to reach the proposed number of students during the course of the grant. (9) Any other information the Secretary may require. 905. Application review and award basis (a) Peer Review The Secretary shall use a peer review process to review applications for grants under this title. The Secretary shall appoint individuals to the peer review process who have relevant expertise in digital learning, research and evaluation, standards quality and alignment, 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 evidence 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, Distant 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 assurances that the school partners in the eligible partnership 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. 906. Use of funds (a) Required use of funds (1) In general An eligible partnership receiving 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 personalize the learning experience Technology-based tools and courses identified under this paragraph include the following types of tools and courses designed to personalize the learning experience: (A) Technology-based personalized instructional systems. (B) Adaptive software, games, or tools, that can be used to personalize learning. (C) Computer-based tutoring courses to help struggling students. (D) Games, digital tools, and smartphone or tablet applications to improve students’ engagement, 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 paragraph 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 assessment. (B) Web resources that provide teachers and their students access to instructional and curricular materials that are— (i) aligned with high-quality standards; and (ii) designed to prepare students for college and a career, such as a repository of primary historical sources for use in history and civics courses or examples of developmentally appropriate science experiments. (C) Online professional development opportunities, teacher mentoring opportunities, and professional learning communities. (D) Tools or web resources designed to address specific instructional problems. (E) Other practices and strategies designed to personalize the learning experience. (4) Tools, courses, and strategies designed to improve the achievement of students with specific educational needs Technology-based tools, courses, and strategies identified 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 accelerated credit recovery. (C) Language instruction courses, games, or software designed to meet the needs of English language learners. (D) Other tools, courses, and strategies designed to personalize the learning experience. (5) Tools, courses, and strategies designed to help students develop 21st Century 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 develop 21st century skills, such as the ability to think critically and solve problems, be effective communicators, 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 students with access to courses that they would not otherwise have access to, such as the following: (A) An online repository of elective courses. (B) Online or software-based courses in foreign languages, especially in languages identified 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 partnership 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 subgroups, including students with disabilities and English-language learners; (4) provide technology-based professional development or professional development on how to maximize the utility of technology; and (5) address issues of cost and capacity in rural areas and shortage subjects. (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 staffing levels for the school partners in the eligible partnership. (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 certification 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 manner that is consistent with the judgments of teachers of record about what is developmentally appropriate for students. 907. Data collection and evaluation (a) In general Each eligible partnership receiving 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 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 effectiveness 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 impact of the activities supported under the grant program authorized under this section; and (B) identify best practices; and (2) disseminate, in consultation with the regional 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 evaluation to the Secretary; and (2) make publicly available such results. 908. Definitions In this title: (1) Eligible partnership The term eligible partnership means a partnership that includes a school partner and not less than 1— (A) digital learning partner, except that in a case in which a school partner or evaluation partner demonstrates expertise in digital learning to the Secretary; and (B) evaluation partner. (2) School partner The term school partner means a— (A) local educational agency; (B) a charter school network that does not include virtual schools; (C) a consortium of public elementary schools or secondary schools; (D) a regional educational service agency or similar regional educational service provider; or (E) a consortium of the entities described in subparagraphs (A) through (D). (3) Digital Learning partner The term digital learning partner means an organization with expertise in the technology required to develop or implement the digital learning practices, tools, strategies, or courses proposed by the school partner with which the digital learning partner will partner or has partnered under this title, such as— (A) an institution of higher education; (B) a nonprofit organization; or (C) an organization with school development or turnaround experience. (4) Evaluation partner The term evaluation partner means a partner that has the expertise and ability to carry out the evaluation of a grant received under this title, such as— (A) an institution of higher education; (B) a nonprofit organization with expertise in evaluation; or (C) an evaluation firm. (5) Institution of higher education The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (6) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Secretary The term Secretary means the Secretary of Education.

Karen L. Haas Clerk.

tv_txt: One Hundred Fourteenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen S. 1177 IN THE SENATE OF THE UNITED STATES AN ACT To reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

1. Short title This Act may be cited as the Every Student Succeeds Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Sec. 4. Transition. Sec. 5. Effective dates. Sec. 6. Table of contents of the Elementary and Secondary Education Act of 1965. Title I—Improving basic programs operated by State and local educational agencies Part A—Improving basic programs operated by State and local educational agencies Sec. 1000. Redesignations. Sec. 1001. Statement of purpose. Sec. 1002.  Authorization of appropriations. Sec. 1003. School improvement. Sec. 1004. Direct student services. Sec. 1005. State plans. Sec. 1006. Local educational agency plans. Sec. 1007. Eligible school attendance areas. Sec. 1008. Schoolwide programs. Sec. 1009. Targeted assistance schools. Sec. 1010. Parent and family engagement. Sec. 1011. Participation of children enrolled in private schools. Sec. 1012. Supplement, not supplant. Sec. 1013. Coordination requirements. Sec. 1014. Grants for the outlying areas and the Secretary of the Interior. Sec. 1015. Allocations to States. Sec. 1016. Adequacy of funding rule. Sec. 1017. Education finance incentive grant program. Part B—State assessment grants Sec. 1201. State assessment grants. Part C—Education of migratory children Sec. 1301. Education of migratory children. Part D—Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Sec. 1401. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk. Part E—Flexibility for equitable per-pupil funding Sec. 1501. Flexibility for equitable per-pupil funding. Part F—General provisions Sec. 1601. General provisions. Title II—Preparing, training, and recruiting high-quality teachers, principals, or other school leaders Sec. 2001. General provisions. Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, or other school leaders. Title III—Language instruction for English learners and immigrant students Sec. 3001. Redesignation of certain provisions. Sec. 3002. Authorization of appropriations. Sec. 3003. English language acquisition, language enhancement, and academic achievement. Sec. 3004. General provisions. Title IV—21st century schools Sec. 4001. Redesignations and transfers. Sec. 4002. General provisions. Part A—Student support and academic enrichment grants Sec. 4101. Student support and academic enrichment grants. Part B—21st century community learning centers Sec. 4201. 21st century community learning centers. Part C—Expanding Opportunity through Quality Charter Schools Sec. 4301. Charter schools. Part D—Magnet schools assistance Sec. 4401. Magnet schools assistance. Part E—Family engagement in education programs Sec. 4501. Family Engagement in Education Programs. Part F—National activities Sec. 4601. National activities. Title V—State innovation and local flexibility Sec. 5001. General provisions. Sec. 5002. Funding Transferability for State and Local Educational Agencies. Sec. 5003. Rural education initiative. Sec. 5004. General provisions. Sec. 5005. Review relating to rural local educational agencies. Title VI—Indian, Native Hawaiian, and Alaska Native education Sec. 6001. Conforming amendments. Sec. 6002. Indian education. Sec. 6003. Native Hawaiian education. Sec. 6004. Alaska Native education. Sec. 6005. Report on Native American language medium education. Sec. 6006. Report on responses to Indian student suicides. Title VII—Impact Aid Sec. 7001. General provisions. Sec. 7002. Purpose. Sec. 7003. Payments relating to federal acquisition of real property. Sec. 7004. Payments for eligible federally connected children. Sec. 7005. Policies and procedures relating to children residing on Indian lands. Sec. 7006. Application for payments under sections 7002 and 7003. Sec. 7007. Construction. Sec. 7008. Facilities. Sec. 7009. State consideration of payments in providing state aid. Sec. 7010. Federal administration. Sec. 7011. Administrative hearings and judicial review. Sec. 7012. Definitions. Sec. 7013. Authorization of appropriations. Title VIII—General provisions Sec. 8001. General provisions. Sec. 8002. Definitions. Sec. 8003. Applicability of title. Sec. 8004. Applicability to Bureau of Indian Education operated schools. Sec. 8005. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 8006. Consolidation of funds for local administration. Sec. 8007. Consolidated set-aside for Department of the Interior funds. Sec. 8008. Department staff. Sec. 8009. Optional consolidated State plans or applications. Sec. 8010. General applicability of State educational agency assurances. Sec. 8011. Rural consolidated plan. Sec. 8012. Other general assurances. Sec. 8013. Waivers of statutory and regulatory requirements. Sec. 8014. Approval and disapproval of State plans and local applications. Sec. 8015. Participation by private school children and teachers. Sec. 8016. Standards for by-pass. Sec. 8017. Complaint process for participation of private school children. Sec. 8018. By-pass determination process. Sec. 8019. Maintenance of effort. Sec. 8020. Prohibition regarding state aid. Sec. 8021. School prayer. Sec. 8022. Prohibited uses of funds. Sec. 8023. Prohibitions. Sec. 8024. Prohibitions on Federal Government and use of Federal funds. Sec. 8025. Armed forces recruiter access to students and student recruiting information. Sec. 8026. Prohibition on federally sponsored testing. Sec. 8027. Limitations on national testing or certification for teachers, principals, or other school leaders. Sec. 8028. Prohibition on requiring State participation. Sec. 8029. Civil rights. Sec. 8030. Consultation with Indian tribes and tribal organizations. Sec. 8031. Outreach and technical assistance for rural local educational agencies. Sec. 8032. Consultation with the Governor. Sec. 8033. Local governance. Sec. 8034. Rule of construction regarding travel to and from school. Sec. 8035. Limitations on school-based health centers. Sec. 8036. State control over standards. Sec. 8037. Sense of Congress on protecting student privacy. Sec. 8038. Prohibition on aiding and abetting sexual abuse. Sec. 8039. Sense of Congress on restoration of state sovereignty over public education. Sec. 8040. Privacy. Sec. 8041. Analysis and periodic review; sense of Congress; technical assistance. Sec. 8042. Evaluations. Title IX—Education for the Homeless and Other Laws Part A—Homeless children and youths Sec. 9101. Statement of policy. Sec. 9102. Grants for State and local activities. Sec. 9103. Local educational agency subgrants. Sec. 9104. Secretarial responsibilities. Sec. 9105. Definitions. Sec. 9106. Authorization of appropriations. Sec. 9107. Effective date. Part B—Miscellaneous; other laws Sec. 9201. Findings and sense of Congress on sexual misconduct. Sec. 9202. Sense of Congress on First Amendment rights. Sec. 9203. Preventing improper use of taxpayer funds. Sec. 9204. Accountability to taxpayers through monitoring and oversight. Sec. 9205. Report on Department actions to address Office of Inspector General reports. Sec. 9206. Posthumous pardon. Sec. 9207. Education Flexibility Partnership Act of 1999 reauthorization. Sec. 9208. Report on the reduction of the number and percentage of students who drop out of school. Sec. 9209. Report on subgroup sample size. Sec. 9210. Report on student home access to digital learning resources. Sec. 9211. Study on the title I formula. Sec. 9212. Preschool development grants. Sec. 9213. Review of Federal early childhood education programs. Sec. 9214. Use of the term highly qualified in other laws. Sec. 9215. Additional conforming amendments to other laws. 3. References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Transition (a) Funding authority (1) Multi-year awards (A) Programs no longer authorized Except as otherwise provided in this Act or the amendments made by this Act, the recipient of a multiyear award under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as in effect on the day before the date of enactment of this Act, under a program that is not authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as amended by this Act, and— (i) that is not substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award, except that no additional funds for such program may be awarded after September 30, 2016; and (ii) that is substantively similar to a program authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award. (B) Authorized programs Except as otherwise provided in this Act, or the amendments made by this Act, the recipient of a multiyear award under a program that was authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as in effect on the day before the date of enactment of this Act, and that is authorized under such Act ( 20 U.S.C. 6301 et seq. ), as amended by this Act, shall continue to receive funds in accordance with the terms of such prior award. (2) Planning and transition Notwithstanding any other provision of law, a recipient of funds under a program described in paragraph (1)(A)(ii) or (1)(B) may use funds awarded to the recipient under such program, to carry out necessary and reasonable planning and transition activities in order to ensure the recipient’s compliance with the amendments to such program made by this Act. (b) Orderly transition Subject to subsection (a)(1)(A)(i), the Secretary shall take such steps as are necessary to provide for the orderly transition to, and implementation of, programs authorized under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et. seq.), as amended by this Act, from programs authorized under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as in effect on the day before the date of enactment of this Act. (c) Termination of certain waivers (1) In general Notwithstanding any other provision of this Act, and subject to section 5(e)(2), a waiver described in paragraph (2) shall be null and void and have no legal effect on or after August 1, 2016. (2) Waivers A waiver shall be subject to paragraph (1) if the waiver was granted by the Secretary of Education to a State or consortium of local educational agencies under the program first introduced in a letter to chief State school officers dated September 23, 2011, and authorized under section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 ), as in effect on the day before the date of enactment of this Act. 5. Effective dates (a) In general Except as otherwise provided in this Act, or an amendment made by this Act, this Act, and the amendments made by this Act, shall be effective upon the date of enactment of this Act. (b) Noncompetitive programs With respect to noncompetitive programs under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq) and the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ) under which any funds are allotted by the Secretary of Education to recipients on the basis of a formula, the amendments made by this Act shall be effective beginning on July 1, 2016, except as otherwise provided in such amendments. (c) Competitive programs With respect to programs that are conducted by the Secretary of Education on a competitive basis (and are not programs described in subsection (b)) under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the amendments made by this Act with respect to appropriations for use under such programs shall be effective beginning on October 1, 2016, except as otherwise provided in such amendments. (d) Impact Aid With respect to title VII of the Elementary and Secondary Education Act of 1965, as amended by this Act, the amendments made by this Act shall take effect with respect to appropriations for use under such title beginning fiscal year 2017, except as otherwise provided in such amendments. (e) Title I of the Elementary and Secondary Education Act of 1965 (1) Effective dates for section 1111 of the Elementary and Secondary Education Act of 1965 Notwithstanding any other provision of this Act, or the amendments made by this Act, and subject to paragraph (2) of this subsection— (A) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ), as in effect on the day before the date of enactment of this Act, shall be effective through the close of August 1, 2016; (B) subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ), as amended by this Act, shall take effect beginning with school year 2017–2018; and (C) section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ), as amended by this Act, and any other provision of section 1111 of such Act ( 20 U.S.C. 6311 ), as amended by this Act, which is not described in subparagraph (B) of this paragraph, shall take effect in a manner consistent with subsection (a). (2) Special rule (A) In general Notwithstanding any other provision of this Act (including subsection (b) and paragraph (1)), any school or local educational agency described in subparagraph (B) shall continue to implement interventions applicable to such school or local educational agency under clause (i) or (ii) of subparagraph (B) until— (i) the State plan for the State in which the school or agency is located under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ), as amended by this Act, is approved under such section ( 20 U.S.C. 6311 ); or (ii) subsections (c) and (d) of section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ), as amended by this Act, take effect in accordance with paragraph (1)(B), whichever occurs first. (B) Certain schools and local educational agencies A school or local educational agency shall be subject to the requirements of subparagraph (A), if such school or local educational agency has been identified by the State in which the school or local educational agency is located— (i) as in need of improvement, corrective action, or restructuring under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), as in effect on the day before the date of enactment of this Act; or (ii) as a priority or focus school under a waiver granted by the Secretary of Education under section 9401 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861 ), as in effect on the day before the date of enactment of this Act. 6. Table of contents of the Elementary and Secondary Education Act of 1965 Section 2 is amended to read as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Improving the Academic Achievement of the Disadvantaged Sec. 1001. Statement of purpose. Sec. 1002. Authorization of appropriations. Sec. 1003. School improvement. Sec. 1003A. Direct student services. Sec. 1004. State administration. Part A—Improving Basic Programs Operated by Local Educational Agencies Subpart 1—Basic Program Requirements Sec. 1111. State plans. Sec. 1112. Local educational agency plans. Sec. 1113. Eligible school attendance areas. Sec. 1114. Schoolwide programs. Sec. 1115. Targeted assistance schools. Sec. 1116. Parent and family engagement. Sec. 1117. Participation of children enrolled in private schools. Sec. 1118. Fiscal requirements. Sec. 1119. Coordination requirements. Subpart 2—Allocations Sec. 1121. Grants for the outlying areas and the Secretary of the Interior. Sec. 1122. Allocations to States. Sec. 1124. Basic grants to local educational agencies. Sec. 1124A. Concentration grants to local educational agencies. Sec. 1125. Targeted grants to local educational agencies. Sec. 1125AA. Adequacy of funding to local educational agencies in fiscal years after fiscal year 2001. Sec. 1125A. Education finance incentive grant program. Sec. 1126. Special allocation procedures. Sec. 1127. Carryover and waiver. Part B—State Assessment Grants Sec. 1201. Grants for State assessments and related activities. Sec. 1202. State option to conduct assessment system audit. Sec. 1203. Allotment of appropriated funds. Sec. 1204. Innovative assessment and accountability demonstration authority. Part C—Education of Migratory Children Sec. 1301. Program purposes. Sec. 1302. Program authorized. Sec. 1303. State allocations. Sec. 1304. State applications; services. Sec. 1305. Secretarial approval; peer review. Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities. Sec. 1307. Bypass. Sec. 1308. Coordination of migrant education activities. Sec. 1309. Definitions. Part D—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk Sec. 1401. Purpose and program authorization. Sec. 1402. Payments for programs under this part. Subpart 1—State Agency Programs Sec. 1411. Eligibility. Sec. 1412. Allocation of funds. Sec. 1413. State reallocation of funds. Sec. 1414. State plan and State agency applications. Sec. 1415. Use of funds. Sec. 1416. Institution-wide projects. Sec. 1417. Three-year programs or projects. Sec. 1418. Transition services. Sec. 1419. Technical assistance. Subpart 2—Local Agency Programs Sec. 1421. Purpose. Sec. 1422. Programs operated by local educational agencies. Sec. 1423. Local educational agency applications. Sec. 1424. Uses of funds. Sec. 1425. Program requirements for correctional facilities receiving funds under this section. Sec. 1426. Accountability. Subpart 3—General Provisions Sec. 1431. Program evaluations. Sec. 1432. Definitions. Part E—Flexibility for Equitable Per-Pupil Funding Sec. 1501. Flexibility for equitable per-pupil funding. Part F—General Provisions Sec. 1601. Federal regulations. Sec. 1602. Agreements and records. Sec. 1603. State administration. Sec. 1604. Prohibition against Federal mandates, direction, or control. Sec. 1605. Rule of construction on equalized spending. Title II—Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School Leaders Sec. 2001. Purpose. Sec. 2002. Definitions. Sec. 2003. Authorization of appropriations. Part A—Supporting Effective Instruction Sec. 2101. Formula grants to States. Sec. 2102. Subgrants to local educational agencies. Sec. 2103. Local uses of funds. Sec. 2104. Reporting. Part B—National Activities Sec. 2201. Reservations. Subpart 1—Teacher and School Leader Incentive Program Sec. 2211. Purposes; definitions. Sec. 2212. Teacher and school leader incentive fund grants. Sec. 2213. Reports. Subpart 2—Literacy Education for All, Results for the Nation Sec. 2221. Purposes; definitions. Sec. 2222. Comprehensive literacy State development grants. Sec. 2223. Subgrants to eligible entities in support of birth through kindergarten entry literacy. Sec. 2224. Subgrants to eligible entities in support of kindergarten through grade 12 literacy. Sec. 2225. National evaluation and information dissemination. Sec. 2226. Innovative approaches to literacy. Subpart 3—American History and Civics Education Sec. 2231. Program authorized. Sec. 2232. Presidential and congressional academies for American history and civics. Sec. 2233. National activities. Subpart 4—Programs of National Significance Sec. 2241. Funding allotment. Sec. 2242. Supporting effective educator development. Sec. 2243. School leader recruitment and support. Sec. 2244. Technical assistance and national evaluation. Sec. 2245. STEM master teacher corps. Part C—General Provisions Sec. 2301. Supplement, not supplant. Sec. 2302. Rules of construction. Title III—Language Instruction for English Learners and Immigrant Students Sec. 3001. Authorization of appropriations. Part A—English Language Acquisition, Language Enhancement, and Academic Achievement Act Sec. 3101. Short title. Sec. 3102. Purposes. Subpart 1—Grants and Subgrants for English Language Acquisition and Language Enhancement Sec. 3111. Formula grants to States. Sec. 3112. Native American and Alaska Native children in school. Sec. 3113. State and specially qualified agency plans. Sec. 3114. Within-State allocations. Sec. 3115. Subgrants to eligible entities. Sec. 3116. Local plans. Subpart 2—Accountability and Administration Sec. 3121. Reporting. Sec. 3122. Biennial reports. Sec. 3123. Coordination with related programs. Sec. 3124. Rules of construction. Sec. 3125. Legal authority under State law. Sec. 3126. Civil rights. Sec. 3127. Programs for Native Americans and Puerto Rico. Sec. 3128. Prohibition. Subpart 3—National Activities Sec. 3131. National professional development project. Part B—General Provisions Sec. 3201. Definitions. Sec. 3202. National clearinghouse. Sec. 3203. Regulations. Title IV—21st Century Schools Sec. 4001. General provisions. Part A—Student Support and Academic Enrichment Grants Subpart 1—Student Support and Academic Enrichment Grants Sec. 4101. Purpose. Sec. 4102. Definitions. Sec. 4103. Formula grants to States. Sec. 4104. State use of funds. Sec. 4105. Allocations to local educational agencies. Sec. 4106. Local educational agency applications. Sec. 4107. Activities to support well-rounded educational opportunities. Sec. 4108. Activities to support safe and healthy students. Sec. 4109. Activities to support the effective use of technology. Sec. 4110. Supplement, not supplant. Sec. 4111. Rule of construction. Sec. 4112. Authorization of appropriations. Subpart 2—Internet Safety 4121. Internet safety. Part B—21st Century Community Learning Centers Sec. 4201. Purpose; definitions. Sec. 4202. Allotments to States. Sec. 4203. State application. Sec. 4204. Local competitive subgrant program. Sec. 4205. Local activities. Sec. 4206. Authorization of appropriations. Part C—Expanding Opportunity Through Quality Charter Schools Sec. 4301. Purpose. Sec. 4302. Program authorized. Sec. 4303. Grants to support high-quality charter schools. Sec. 4304. Facilities financing assistance. Sec. 4305. National activities. Sec. 4306. Federal formula allocation during first year and for successive enrollment expansions. Sec. 4307. Solicitation of input from charter school operators. Sec. 4308. Records transfer. Sec. 4309. Paperwork reduction. Sec. 4310. Definitions. Sec. 4311. Authorization of appropriations. Part D—Magnet Schools Assistance Sec. 4401. Findings and purpose. Sec. 4402. Definition. Sec. 4403. Program authorized. Sec. 4404. Eligibility. Sec. 4405. Applications and requirements. Sec. 4406. Priority. Sec. 4407. Use of funds. Sec. 4408. Limitations. Sec. 4409. Authorization of appropriations; reservation. Part E—Family Engagement in Education Programs Sec. 4501. Purposes. Sec. 4502. Grants authorized. Sec. 4503. Applications. Sec. 4504. Uses of funds. Sec. 4505. Family engagement in Indian schools. Sec. 4506. Authorization of appropriations. Part F—National Activities Sec. 4601. Authorization of appropriations; reservations. Subpart 1—Education Innovation and Research Sec. 4611. Grants for education innovation and research. Subpart 2—Community Support for School Success Sec. 4621. Purposes. Sec. 4622. Definitions. Sec. 4623. Program authorized. Sec. 4624. Promise neighborhoods. Sec. 4625. Full-service community schools. Subpart 3—National Activities for School Safety Sec. 4631. National activities for school safety. Subpart 4—Academic Enrichment Sec. 4641. Awards for academic enrichment. Sec. 4642. Assistance for arts education. Sec. 4643. Ready to learn programming. Sec. 4644. Supporting high-ability learners and learning. Title V—Flexibility and Accountability Part A—Funding Transferability for State and Local Educational Agencies Sec. 5101. Short title. Sec. 5102. Purpose. Sec. 5103. Transferability of funds. Part B—Rural Education Initiative Sec. 5201. Short title. Sec. 5202. Purpose. Subpart 1—Small, Rural School Achievement Program Sec. 5211. Use of applicable funding. Sec. 5212. Grant program authorized. Subpart 2—Rural and Low-Income School Program Sec. 5221. Program authorized. Sec. 5222. Use of funds. Sec. 5223. Applications. Sec. 5224. Report. Sec. 5225. Choice of participation. Part C—General Provisions Sec. 5301. Prohibition against Federal mandates, direction, or control. Sec. 5302. Rule of construction on equalized spending. Title VI—Indian, Native Hawaiian, and Alaska Native Education Part A—Indian Education Sec. 6101. Statement of policy. Sec. 6102. Purpose. Subpart 1—Formula Grants to Local Educational Agencies Sec. 6111. Purpose. Sec. 6112. Grants to local educational agencies and tribes. Sec. 6113. Amount of grants. Sec. 6114. Applications. Sec. 6115. Authorized services and activities. Sec. 6116. Integration of services authorized. Sec. 6117. Student eligibility forms. Sec. 6118. Payments. Sec. 6119. State educational agency review. Subpart 2—Special Programs and Projects to Improve Educational Opportunities for Indian Children Sec. 6121. Improvement of educational opportunities for Indian children and youth. Sec. 6122. Professional development for teachers and education professionals. Subpart 3—National Activities Sec. 6131. National research activities. Sec. 6132. Grants to tribes for education administrative planning, development, and coordination. Sec. 6133. Native American and Alaska Native language immersion schools and programs. Subpart 4—Federal Administration Sec. 6141. National Advisory Council on Indian Education. Sec. 6142. Peer review. Sec. 6143. Preference for Indian applicants. Sec. 6144. Minimum grant criteria. Subpart 5—Definitions; Authorizations of Appropriations Sec. 6151. Definitions. Sec. 6152. Authorizations of appropriations. Part B—Native Hawaiian Education Sec. 6201. Short title. Sec. 6202. Findings. Sec. 6203. Purposes. Sec. 6204. Native Hawaiian Education Council. Sec. 6205. Program authorized. Sec. 6206. Administrative provisions. Sec. 6207. Definitions. Part C—Alaska Native Education Sec. 6301. Short title. Sec. 6302. Findings. Sec. 6303. Purposes. Sec. 6304. Program authorized. Sec. 6305. Administrative provisions. Sec. 6306. Definitions. Title VII—Impact Aid Sec. 7001. Purpose. Sec. 7002. Payments relating to Federal acquisition of real property. Sec. 7003. Payments for eligible federally connected children. Sec. 7004. Policies and procedures relating to children residing on Indian lands. Sec. 7005. Application for payments under sections 7002 and 7003. Sec. 7007. Construction. Sec. 7008. Facilities. Sec. 7009. State consideration of payments in providing State aid. Sec. 7010. Federal administration. Sec. 7011. Administrative hearings and judicial review. Sec. 7012. Forgiveness of overpayments. Sec. 7013. Definitions. Sec. 7014. Authorization of appropriations. Title VIII—General Provisions Part A—Definitions Sec. 8101. Definitions. Sec. 8102. Applicability of title. Sec. 8103. Applicability to Bureau of Indian Education operated schools. Part B—Flexibility in the Use of Administrative and Other Funds Sec. 8201. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 8202. Single local educational agency States. Sec. 8203. Consolidation of funds for local administration. Sec. 8204. Consolidated set-aside for Department of the Interior funds. Sec. 8205. Department staff. Part C—Coordination of Programs; Consolidated State and Local Plans and Applications Sec. 8301. Purposes. Sec. 8302. Optional consolidated State plans or applications. Sec. 8303. Consolidated reporting. Sec. 8304. General applicability of State educational agency assurances. Sec. 8305. Consolidated local plans or applications. Sec. 8306. Other general assurances. Part D—Waivers Sec. 8401. Waivers of statutory and regulatory requirements. Part E—Approval and Disapproval of State Plans and Local Applications Sec. 8451. Approval and disapproval of State plans. Sec. 8452. Approval and disapproval of local educational agency applications. Part F—Uniform Provisions Subpart 1—Private Schools Sec. 8501. Participation by private school children and teachers. Sec. 8502. Standards for by-pass. Sec. 8503. Complaint process for participation of private school children. Sec. 8504. By-pass determination process. Sec. 8505. Prohibition against funds for religious worship or instruction. Sec. 8506. Private, religious, and home schools. Subpart 2—Other Provisions Sec. 8521. Maintenance of effort. Sec. 8522. Prohibition regarding State aid. Sec. 8523. Privacy of assessment results. Sec. 8524. School prayer. Sec. 8525. Equal access to public school facilities. Sec. 8526. Prohibited uses of funds Sec. 8526A. Prohibition against Federal mandates, direction, or control. Sec. 8527. Prohibitions on Federal Government and use of Federal funds. Sec. 8528. Armed Forces recruiter access to students and student recruiting information. Sec. 8529. Prohibition on federally sponsored testing. Sec. 8530. Limitations on national testing or certification for teachers, principals, or other school leaders. Sec. 8530A. Prohibition on requiring State participation. Sec. 8531. Prohibition on nationwide database. Sec. 8532. Unsafe school choice option. Sec. 8533. Prohibition on discrimination. Sec. 8534. Civil rights. Sec. 8535. Rulemaking. Sec. 8536. Severability. Sec. 8537. Transfer of school disciplinary records. Sec. 8538. Consultation with Indian tribes and tribal organizations. Sec. 8539. Outreach and technical assistance for rural local educational agencies. Sec. 8540. Consultation with the Governor. Sec. 8541. Local governance. Sec. 8542. Rule of construction regarding travel to and from school. Sec. 8543. Limitations on school-based health centers. Sec. 8544. State control over standards. Sec. 8545. Sense of Congress on protecting student privacy. Sec. 8546. Prohibition on aiding and abetting sexual abuse. Sec. 8547. Sense of Congress on restoration of State sovereignty over public education. Sec. 8548. Privacy. Sec. 8549. Analysis and periodic review of departmental guidance. Sec. 8549A. Sense of Congress. Sec. 8549B. Sense of Congress on early learning and child care. Sec. 8549C. Technical assistance. Subpart 3—Teacher Liability Protection Sec. 8551. Short title. Sec. 8552. Purpose. Sec. 8553. Definitions. Sec. 8554. Applicability. Sec. 8555. Preemption and election of State nonapplicability. Sec. 8556. Limitation on liability for teachers. Sec. 8557. Allocation of responsibility for noneconomic loss. Sec. 8558. Effective date. Subpart 4—Gun Possession Sec. 8561. Gun-free requirements. Subpart 5—Environmental Tobacco Smoke Sec. 8571. Short title. Sec. 8572. Definitions. Sec. 8573. Nonsmoking policy for children’s services. Sec. 8574. Preemption. Part G—Evaluations Sec. 8601. Evaluations. . I Improving basic programs operated by State and local educational agencies A Improving basic programs operated by State and local educational agencies 1000. Redesignations Subpart 1 of part A of title I ( 20 U.S.C. 6311 et seq. ) is amended— (1) by striking sections 1116, 1117, and 1119; (2) by redesignating section 1118 as section 1116; (3) by redesignating section 1120 as section 1117; (4) by redesignating section 1120A as section 1118; and (5) by redesignating section 1120B as section 1119. 1001. Statement of purpose Section 1001 ( 20 U.S.C. 6301 ) is amended to read as follows: 1001. Statement of purpose The purpose of this title is to provide all children significant opportunity to receive a fair, equitable, and high-quality education, and to close educational achievement gaps. . 1002. Authorization of appropriations Section 1002 ( 20 U.S.C. 6302 ) is amended to read as follows: 1002. Authorization of appropriations (a) Local Educational Agency Grants There are authorized to be appropriated to carry out the activities described in part A— (1) $15,012,317,605 for fiscal year 2017; (2) $15,457,459,042 for fiscal year 2018; (3) $15,897,371,442 for fiscal year 2019; and (4) $16,182,344,591 for fiscal year 2020. (b) State Assessments There are authorized to be appropriated to carry out the activities described in part B, $378,000,000 for each of fiscal years 2017 through 2020. (c) Education of Migratory Children There are authorized to be appropriated to carry out the activities described in part C, $374,751,000 for each of fiscal years 2017 through 2020. (d) Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-risk There are authorized to be appropriated to carry out the activities described in part D, $47,614,000 for each of fiscal years 2017 through 2020. (e) Federal Activities For the purpose of carrying out evaluation activities related to title I under section 8601, there are authorized to be appropriated $710,000 for each of fiscal years 2017 through 2020. (f) Sense of Congress regarding adjustments to authorizations of appropriations provided in this Act for future budget agreements It is the sense of Congress that if legislation is enacted that revises the limits on discretionary spending established under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(c) ), the levels of appropriations authorized throughout this Act should be adjusted in a manner that is consistent with the adjustments in nonsecurity category funding provided for under the revised limits on discretionary spending. . 1003. School improvement Section 1003 ( 20 U.S.C. 6303 ) is amended to read as follows: 1003. School improvement (a) State reservations To carry out subsection (b) and the State educational agency’s statewide system of technical assistance and support for local educational agencies, each State shall reserve the greater of— (1) 7 percent of the amount the State receives under subpart 2 of part A; or (2) the sum of the amount the State— (A) reserved for fiscal year 2016 under this subsection, as in effect on the day before the date of enactment of the Every Student Succeeds Act; and (B) received for fiscal year 2016 under subsection (g), as in effect on the day before the date of enactment of the Every Student Succeeds Act. (b) Uses Of the amount reserved under subsection (a) for any fiscal year, the State educational agency— (1) (A) shall allocate not less than 95 percent of that amount to make grants to local educational agencies on a formula or competitive basis, to serve schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); or (B) may, with the approval of the local educational agency, directly provide for these activities or arrange for their provision through other entities such as school support teams, educational service agencies, or nonprofit or for-profit external providers with expertise in using evidence-based strategies to improve student achievement, instruction, and schools; and (2) shall use the funds not allocated to local educational agencies under paragraph (1) to carry out this section, which shall include— (A) establishing the method, consistent with paragraph (1)(A), the State will use to allocate funds to local educational agencies under such paragraph, including ensuring— (i) the local educational agencies receiving an allotment under such paragraph represent the geographic diversity of the State; and (ii) that allotments are of sufficient size to enable a local educational agency to effectively implement selected strategies; (B) monitoring and evaluating the use of funds by local educational agencies receiving an allotment under such paragraph; and (C) as appropriate, reducing barriers and providing operational flexibility for schools in the implementation of comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d). (c) Duration The State educational agency shall award each subgrant under subsection (b) for a period of not more than 4 years, which may include a planning year. (d) Rule of construction Nothing in this section shall be construed as prohibiting a State from allocating subgrants under this section to a statewide school district, consortium of local educational agencies, or an educational service agency that serves schools implementing comprehensive support and improvement activities or targeted support and improvement activities, if such entities are legally constituted or recognized as local educational agencies in the State. (e) Application To receive an allotment under subsection (b)(1), a local educational agency shall submit an application to the State educational agency at such time, in such form, and including such information as the State educational agency may require. Each application shall include, at a minimum— (1) a description of how the local educational agency will carry out its responsibilities under section 1111(d) for schools receiving funds under this section, including how the local educational agency will— (A) develop comprehensive support and improvement plans under section 1111(d)(1) for schools receiving funds under this section; (B) support schools developing or implementing targeted support and improvement plans under section 1111(d)(2), if funds received under this section are used for such purpose; (C) monitor schools receiving funds under this section, including how the local educational agency will carry out its responsibilities under clauses (iv) and (v) of section 1111(d)(2)(B) if funds received under this section are used to support schools implementing targeted support and improvement plans; (D) use a rigorous review process to recruit, screen, select, and evaluate any external partners with whom the local educational agency will partner; (E) align other Federal, State, and local resources to carry out the activities supported with funds received under subsection (b)(1); and (F) as appropriate, modify practices and policies to provide operational flexibility that enables full and effective implementation of the plans described in paragraphs (1) and (2) of section 1111(d); and (2) an assurance that each school the local educational agency proposes to serve will receive all of the State and local funds it would have received in the absence of funds received under this section. (f) Priority The State educational agency, in allocating funds to local educational agencies under this section, shall give priority to local educational agencies that— (1) serve high numbers, or a high percentage of, elementary schools and secondary schools implementing plans under paragraphs (1) and (2) of section 1111(d); (2) demonstrate the greatest need for such funds, as determined by the State; and (3) demonstrate the strongest commitment to using funds under this section to enable the lowest-performing schools to improve student achievement and student outcomes. (g) Unused funds If, after consultation with local educational agencies in the State, the State educational agency determines that the amount of funds reserved to carry out subsection (b) is greater than the amount needed to provide the assistance described in that subsection, the State educational agency shall allocate the excess amount to local educational agencies in accordance with— (1) the relative allocations the State educational agency made to those agencies for that fiscal year under subpart 2 of part A; or (2) section 1126(c). (h) Special rule Notwithstanding any other provision of this section, the amount of funds reserved by the State educational agency under subsection (a) for fiscal year 2018 and each subsequent fiscal year shall not decrease the amount of funds each local educational agency receives under subpart 2 of part A below the amount received by such local educational agency under such subpart for the preceding fiscal year. (i) Reporting The State shall include in the report described in section 1111(h)(1) a list of all the local educational agencies and schools that received funds under this section, including the amount of funds each school received and the types of strategies implemented in each school with such funds. . 1004. Direct student services The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by inserting after section 1003 ( 20 U.S.C. 6303 ) the following: 1003A. Direct student services (a) State reservation (1) In general (A) States Each State educational agency, after meaningful consultation with geographically diverse local educational agencies described in subparagraph (B), may reserve not more than 3 percent of the amount the State educational agency receives under subpart 2 of part A for each fiscal year to carry out this section. (B) Consultation A State educational agency shall consult under subparagraph (A) with local educational agencies that include— (i) suburban, rural, and urban local educational agencies; (ii) local educational agencies serving a high percentage of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and (iii) local educational agencies serving a high percentage of schools implementing targeted support and improvement plans under section 1111(d)(2). (2) Program administration Of the funds reserved under paragraph (1)(A), the State educational agency may use not more than 1 percent to administer the program described in this section. (b) Awards (1) In general From the amount reserved under subsection (a) by a State educational agency, the State educational agency shall award grants to geographically diverse local educational agencies described in subsection (a)(1)(B)(i). (2) Priority In making such awards, the State educational agency shall prioritize awards to local educational agencies serving the highest percentage of schools, as compared to other local educational agencies in the State— (A) identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); or (B) implementing targeted support and improvement plans under section 1111(d)(2). (c) Local use of funds A local educational agency receiving an award under this section— (1) may use not more than 1 percent of its award for outreach and communication to parents about available direct student services described in paragraph (3) in the local educational agency and State; (2) may use not more than 2 percent of its award for administrative costs related to such direct student services; (3) shall use the remainder of the award to pay the costs associated with one or more of the following direct student services— (A) enrollment and participation in academic courses not otherwise available at a student’s school, including— (i) advanced courses; and (ii) career and technical education coursework that— (I) is aligned with the challenging State academic standards; and (II) leads to industry-recognized credentials that meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ); (B) credit recovery and academic acceleration courses that lead to a regular high school diploma; (C) activities that assist students in successfully completing postsecondary level instruction and examinations that are accepted for credit at institutions of higher education (including Advanced Placement and International Baccalaureate courses), which may include reimbursing low-income students to cover part or all of the costs of fees for such examinations; (D) components of a personalized learning approach, which may include high-quality academic tutoring; and (E) in the case of a local educational agency that does not reserve funds under section 1111(d)(1)(D)(v), transportation to allow a student enrolled in a school identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) to transfer to another public school (which may include a charter school) that has not been identified by the State under such section; and (4) in paying the costs associated with the direct student services described in paragraph (3), shall— (A) first, pay such costs for students who are enrolled in schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); (B) second, pay such costs for low-achieving students who are enrolled in schools implementing targeted support and improvement plans under section 1111(d)(2); and (C) with any remaining funds, pay such costs for other low-achieving students served by the local educational agency. (d) Application A local educational agency desiring to receive an award under subsection (b) shall submit an application to the State educational agency at such time and in such manner as the State educational agency shall require. At a minimum, each application shall describe how the local educational agency will— (1) provide adequate outreach to ensure parents can exercise a meaningful choice of direct student services for their child’s education; (2) ensure parents have adequate time and information to make a meaningful choice prior to enrolling their child in a direct student service; (3) in the case of a local educational agency offering public school choice under this section, ensure sufficient availability of seats in the public schools the local educational agency will make available for public school choice options; (4) prioritize services to students who are lowest-achieving; (5) select providers of direct student services, which may include one or more of— (A) the local educational agency or other local educational agencies; (B) community colleges or other institutions of higher education; (C) non-public entities; (D) community-based organizations; or (E) in the case of high-quality academic tutoring, a variety of providers of such tutoring that are selected and approved by the State and appear on the State’s list of such providers required under subsection (e)(2); (6) monitor the provision of direct student services; and (7) publicly report the results of direct student service providers in improving relevant student outcomes in a manner that is accessible to parents. (e) Providers and schools A State educational agency that reserves an amount under subsection (a) shall— (1) ensure that each local educational agency that receives an award under this section and intends to provide public school choice under subsection (c)(3)(E) can provide a sufficient number of options to provide a meaningful choice for parents; (2) compile and maintain an updated list of State-approved high-quality academic tutoring providers that— (A) is developed using a fair negotiation and rigorous selection and approval process; (B) provides parents with meaningful choices; (C) offers a range of tutoring models, including online and on campus; and (D) includes only providers that— (i) have a demonstrated record of success in increasing students’ academic achievement; (ii) comply with all applicable Federal, State, and local health, safety, and civil rights laws; and (iii) provide instruction and content that is secular, neutral, and non-ideological; (3) ensure that each local educational agency receiving an award is able to provide an adequate number of high-quality academic tutoring options to ensure parents have a meaningful choice of services; (4) develop and implement procedures for monitoring the quality of services provided by direct student service providers; and (5) establish and implement clear criteria describing the course of action for direct student service providers that are not successful in improving student academic outcomes, which, for a high-quality academic tutoring provider, may include a process to remove State approval under paragraph (2). . 1005. State plans Section 1111 ( 20 U.S.C. 6311 ) is amended to read as follows: 1111. State plans (a) Filing for grants (1) In general For any State desiring to receive a grant under this part, the State educational agency shall file with the Secretary a plan that is— (A) developed by the State educational agency with timely and meaningful consultation with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies (including those located in rural areas), representatives of Indian tribes located in the State, teachers, principals, other school leaders, charter school leaders (if the State has charter schools), specialized instructional support personnel, paraprofessionals, administrators, other staff, and parents; and (B) is coordinated with other programs under this Act, the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Rehabilitation Act of 1973 ( 20 U.S.C. 701 et seq. ), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. ), the Education Technical Assistance Act of 2002 (20 U.S.C. 9601 et. seq.), the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9621 et seq. ), the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ), and the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ). (2) Limitation Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section. (3) Consolidated plan A State plan submitted under paragraph (1) may be submitted as part of a consolidated plan under section 8302. (4) Peer review and secretarial approval (A) In general The Secretary shall— (i) establish a peer-review process to assist in the review of State plans; (ii) establish multidisciplinary peer-review teams and appoint members of such teams— (I) who are representative of— (aa) parents, teachers, principals, other school leaders, specialized instructional support personnel, State educational agencies, local educational agencies, and the community (including the business community); and (bb) researchers who are familiar with— (AA) the implementation of academic standards, assessments, or accountability systems; and (BB) how to meet the needs of disadvantaged students, children with disabilities, and English learners, the needs of low-performing schools, and other educational needs of students; (II) that include, to the extent practicable, majority representation of individuals who, in the most recent 2 years, have had practical experience in the classroom, school administration, or State or local government (such as direct employees of a school, local educational agency, or State educational agency); and (III) who represent a regionally diverse cross-section of States; (iii) make available to the public, including by such means as posting to the Department’s website, the list of peer reviewers who have reviewed State plans under this section; (iv) ensure that the peer-review teams consist of varied individuals so that the same peer reviewers are not reviewing all of the State plans; (v) approve a State plan not later than 120 days after its submission, unless the Secretary meets the requirements of clause (vi); (vi) have the authority to disapprove a State plan only if— (I) the Secretary— (aa) determines how the State plan fails to meet the requirements of this section; (bb) immediately provides to the State, in writing, notice of such determination, and the supporting information and rationale to substantiate such determination; (cc) offers the State an opportunity to revise and resubmit its State plan, and provides the State— (AA) technical assistance to assist the State in meeting the requirements of this section; (BB) in writing, all peer-review comments, suggestions, recommendations, or concerns relating to its State plan; and (CC) a hearing, unless the State declines the opportunity for such hearing; and (II) the State— (aa) does not revise and resubmit its State plan; or (bb) in a case in which a State revises and resubmits its State plan after a hearing is conducted under subclause (I)(cc)(CC), or after the State has declined the opportunity for such a hearing, the Secretary determines that such revised State plan does not meet the requirements of this section. (B) Purpose of peer review The peer-review process shall be designed to— (i) maximize collaboration with each State; (ii) promote effective implementation of the challenging State academic standards through State and local innovation; and (iii) provide transparent, timely, and objective feedback to States designed to strengthen the technical and overall quality of the State plans. (C) Standard and nature of review Peer reviewers shall conduct an objective review of State plans in their totality and out of respect for State and local judgments, with the goal of supporting State- and local-led innovation and providing objective feedback on the technical and overall quality of a State plan. (D) Prohibition Neither the Secretary nor the political appointees of the Department, may attempt to participate in, or influence, the peer-review process. (5) Public review All written communications, feedback, and notifications under this subsection shall be conducted in a manner that is transparent and immediately made available to the public on the Department’s website, including— (A) plans submitted or resubmitted by a State; (B) peer-review guidance, notes, and comments and the names of the peer reviewers (once the peer reviewers have completed their work); (C) State plan determinations by the Secretary, including approvals or disapprovals; and (D) notices and transcripts of hearings under this section. (6) Duration of the plan (A) In general Each State plan shall— (i) remain in effect for the duration of the State’s participation under this part; and (ii) be periodically reviewed and revised as necessary by the State educational agency to reflect changes in the State’s strategies and programs under this part. (B) Additional information (i) In general If a State makes significant changes to its plan at any time, such as the adoption of new challenging State academic standards or new academic assessments under subsection (b), or changes to its accountability system under subsection (c), such information shall be submitted to the Secretary in the form of revisions or amendments to the State plan. (ii) Review of revised plans The Secretary shall review the information submitted under clause (i) and approve changes to the State plan, or disapprove such changes in accordance with paragraph (4)(A)(vi), within 90 days, without undertaking the peer-review process under such paragraph. (iii) Special rule for standards If a State makes changes to its challenging State academic standards, the requirements of subsection (b)(1), including the requirement that such standards need not be submitted to the Secretary pursuant to subsection (b)(1)(A), shall still apply. (7) Failure to meet requirements If a State fails to meet any of the requirements of this section, the Secretary may withhold funds for State administration under this part until the Secretary determines that the State has fulfilled those requirements. (8) Public comment Each State shall make the State plan publicly available for public comment for a period of not less than 30 days, by electronic means and in an easily accessible format, prior to submission to the Secretary for approval under this subsection. The State, in the plan it files under this subsection, shall provide an assurance that public comments were taken into account in the development of the State plan. (b) Challenging academic standards and academic assessments (1) Challenging State academic standards (A) In general Each State, in the plan it files under subsection (a), shall provide an assurance that the State has adopted challenging academic content standards and aligned academic achievement standards (referred to in this Act as challenging State academic standards ), which achievement standards shall include not less than 3 levels of achievement, that will be used by the State, its local educational agencies, and its schools to carry out this part. A State shall not be required to submit such challenging State academic standards to the Secretary. (B) Same standards Except as provided in subparagraph (E), the standards required by subparagraph (A) shall— (i) apply to all public schools and public school students in the State; and (ii) with respect to academic achievement standards, include the same knowledge, skills, and levels of achievement expected of all public school students in the State. (C) Subjects The State shall have such academic standards for mathematics, reading or language arts, and science, and may have such standards for any other subject determined by the State. (D) Alignment (i) In general Each State shall demonstrate that the challenging State academic standards are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the State and relevant State career and technical education standards. (ii) Rule of Construction Nothing in this Act shall be construed to authorize public institutions of higher education to determine the specific challenging State academic standards required under this paragraph. (E) Alternate academic achievement standards for students with the most significant cognitive disabilities (i) In general The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards for students with the most significant cognitive disabilities, provided those standards— (I) are aligned with the challenging State academic content standards under subparagraph (A); (II) promote access to the general education curriculum, consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (III) reflect professional judgment as to the highest possible standards achievable by such students; (IV) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(3) ) for each such student as the academic achievement standards that will be used for the student; and (V) are aligned to ensure that a student who meets the alternate academic achievement standards is on track to pursue postsecondary education or employment, consistent with the purposes of Public Law 93–112 , as in effect on July 22, 2014. (ii) Prohibition on any other alternate or modified academic achievement standards A State shall not develop, or implement for use under this part, any alternate academic achievement standards for children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i). (F) English language proficiency standards Each State plan shall demonstrate that the State has adopted English language proficiency standards that— (i) are derived from the 4 recognized domains of speaking, listening, reading, and writing; (ii) address the different proficiency levels of English learners; and (iii) are aligned with the challenging State academic standards. (G) Prohibitions (i) Standards review or approval A State shall not be required to submit any standards developed under this subsection to the Secretary for review or approval. (ii) Federal control The Secretary shall not have the authority to mandate, direct, control, coerce, or exercise any direction or supervision over any of the challenging State academic standards adopted or implemented by a State. (H) Existing standards Nothing in this part shall prohibit a State from revising, consistent with this section, any standards adopted under this part before or after the date of enactment of the Every Student Succeeds Act . (2) Academic assessments (A) In general Each State plan shall demonstrate that the State educational agency, in consultation with local educational agencies, has implemented a set of high-quality student academic assessments in mathematics, reading or language arts, and science. The State retains the right to implement such assessments in any other subject chosen by the State. (B) Requirements The assessments under subparagraph (A) shall— (i) except as provided in subparagraph (D), be— (I) the same academic assessments used to measure the achievement of all public elementary school and secondary school students in the State; and (II) administered to all public elementary school and secondary school students in the State; (ii) be aligned with the challenging State academic standards, and provide coherent and timely information about student attainment of such standards and whether the student is performing at the student's grade level; (iii) be used for purposes for which such assessments are valid and reliable, consistent with relevant, nationally recognized professional and technical testing standards, objectively measure academic achievement, knowledge, and skills, and be tests that do not evaluate or assess personal or family beliefs and attitudes, or publicly disclose personally identifiable information; (iv) be of adequate technical quality for each purpose required under this Act and consistent with the requirements of this section, the evidence of which shall be made public, including on the website of the State educational agency; (v) (I) in the case of mathematics and reading or language arts, be administered— (aa) in each of grades 3 through 8; and (bb) at least once in grades 9 through 12; (II) in the case of science, be administered not less than one time during— (aa) grades 3 through 5; (bb) grades 6 through 9; and (cc) grades 10 through 12; and (III) in the case of any other subject chosen by the State, be administered at the discretion of the State; (vi) involve multiple up-to-date measures of student academic achievement, including measures that assess higher-order thinking skills and understanding, which may include measures of student academic growth and may be partially delivered in the form of portfolios, projects, or extended performance tasks; (vii) provide for— (I) the participation in such assessments of all students; (II) the appropriate accommodations, such as interoperability with, and ability to use, assistive technology, for children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) )), including students with the most significant cognitive disabilities, and students with a disability who are provided accommodations under an Act other than the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), necessary to measure the academic achievement of such children relative to the challenging State academic standards or alternate academic achievement standards described in paragraph (1)(E); and (III) the inclusion of English learners, who shall be assessed in a valid and reliable manner and provided appropriate accommodations on assessments administered to such students under this paragraph, including, to the extent practicable, assessments in the language and form most likely to yield accurate data on what such students know and can do in academic content areas, until such students have achieved English language proficiency, as determined under subparagraph (G); (viii) at the State’s discretion— (I) be administered through a single summative assessment; or (II) be administered through multiple statewide interim assessments during the course of the academic year that result in a single summative score that provides valid, reliable, and transparent information on student achievement or growth; (ix) notwithstanding clause (vii)(III), provide for assessments (using tests in English) of reading or language arts of any student who has attended school in the United States (not including the Commonwealth of Puerto Rico) for 3 or more consecutive school years, except that if the local educational agency determines, on a case-by-case individual basis, that academic assessments in another language or form would likely yield more accurate and reliable information on what such student knows and can do, the local educational agency may make a determination to assess such student in the appropriate language other than English for a period that does not exceed 2 additional consecutive years, provided that such student has not yet reached a level of English language proficiency sufficient to yield valid and reliable information on what such student knows and can do on tests (written in English) of reading or language arts; (x) produce individual student interpretive, descriptive, and diagnostic reports, consistent with clause (iii), regarding achievement on such assessments that allow parents, teachers, principals, and other school leaders to understand and address the specific academic needs of students, and that are provided to parents, teachers, and school leaders, as soon as is practicable after the assessment is given, in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; (xi) enable results to be disaggregated within each State, local educational agency, and school by— (I) each major racial and ethnic group; (II) economically disadvantaged students as compared to students who are not economically disadvantaged; (III) children with disabilities as compared to children without disabilities; (IV) English proficiency status; (V) gender; and (VI) migrant status, except that such disaggregation shall not be required in the case of a State, local educational agency, or a school in which the number of students in a subgroup is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student; (xii) enable itemized score analyses to be produced and reported, consistent with clause (iii), to local educational agencies and schools, so that parents, teachers, principals, other school leaders, and administrators can interpret and address the specific academic needs of students as indicated by the students’ achievement on assessment items; and (xiii) be developed, to the extent practicable, using the principles of universal design for learning. (C) Exception for Advanced Mathematics in Middle School A State may exempt any 8th grade student from the assessment in mathematics described in subparagraph (B)(v)(I)(aa) if— (i) such student takes the end-of-course assessment the State typically administers to meet the requirements of subparagraph (B)(v)(I)(bb) in mathematics; (ii) such student’s achievement on such end-of-course assessment is used for purposes of subsection (c)(4)(B)(i), in lieu of such student’s achievement on the mathematics assessment required under subparagraph (B)(v)(I)(aa), and such student is counted as participating in the assessment for purposes of subsection (c)(4)(B)(vi); and (iii) in high school, such student takes a mathematics assessment pursuant to subparagraph (B)(v)(I)(bb) that— (I) is any end-of-course assessment or other assessment that is more advanced than the assessment taken by such student under clause (i) of this subparagraph; and (II) shall be used to measure such student’s academic achievement for purposes of subsection (c)(4)(B)(i). (D) Alternate assessments for students with the most significant cognitive disabilities (i) Alternate assessments aligned with alternate academic achievement standards A State may provide for alternate assessments aligned with the challenging State academic standards and alternate academic achievement standards described in paragraph (1)(E) for students with the most significant cognitive disabilities, if the State— (I) consistent with clause (ii), ensures that, for each subject, the total number of students assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in the State who are assessed in such subject; (II) ensures that the parents of such students are clearly informed, as part of the process for developing the individualized education program (as defined in section 614(d)(1)(A) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(A) ))— (aa) that their child’s academic achievement will be measured based on such alternate standards; and (bb) how participation in such assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma; (III) promotes, consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the involvement and progress of students with the most significant cognitive disabilities in the general education curriculum; (IV) describes in the State plan the steps the State has taken to incorporate universal design for learning, to the extent feasible, in alternate assessments; (V) describes in the State plan that general and special education teachers, and other appropriate staff— (aa) know how to administer the alternate assessments; and (bb) make appropriate use of accommodations for students with disabilities on all assessments required under this paragraph; (VI) develops, disseminates information on, and promotes the use of appropriate accommodations to increase the number of students with significant cognitive disabilities— (aa) participating in academic instruction and assessments for the grade level in which the student is enrolled; and (bb) who are tested based on challenging State academic standards for the grade level in which the student is enrolled; and (VII) does not preclude a student with the most significant cognitive disabilities who takes an alternate assessment based on alternate academic achievement standards from attempting to complete the requirements for a regular high school diploma. (ii) Special rules (I) Responsibility under idea Subject to the authority and requirements for the individualized education program team for a child with a disability under section 614(d)(1)(A)(i)(VI)(bb) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)(i)(VI)(bb)), such team, consistent with the guidelines established by the State and required under section 612(a)(16)(C) of such Act ( 20 U.S.C. 1412(c)(16)(C) ) and clause (i)(II) of this subparagraph, shall determine when a child with a significant cognitive disability shall participate in an alternate assessment aligned with the alternate academic achievement standards. (II) Prohibition on local cap Nothing in this subparagraph shall be construed to permit the Secretary or a State educational agency to impose on any local educational agency a cap on the percentage of students administered an alternate assessment under this subparagraph, except that a local educational agency exceeding the cap applied to the State under clause (i)(I) shall submit information to the State educational agency justifying the need to exceed such cap. (III) State support A State shall provide appropriate oversight, as determined by the State, of any local educational agency that is required to submit information to the State under subclause (II). (IV) Waiver authority This subparagraph shall be subject to the waiver authority under section 8401. (E) State authority If a State educational agency provides evidence, which is satisfactory to the Secretary, that neither the State educational agency nor any other State government official, agency, or entity has sufficient authority, under State law, to adopt challenging State academic standards, and academic assessments aligned with such standards, which will be applicable to all students enrolled in the State’s public elementary schools and secondary schools, then the State educational agency may meet the requirements of this subsection by— (i) adopting academic standards and academic assessments that meet the requirements of this subsection, on a statewide basis, and limiting their applicability to students served under this part; or (ii) adopting and implementing policies that ensure that each local educational agency in the State that receives grants under this part will adopt academic content and student academic achievement standards, and academic assessments aligned with such standards, which— (I) meet all of the criteria in this subsection and any regulations regarding such standards and assessments that the Secretary may publish; and (II) are applicable to all students served by each such local educational agency. (F) Language assessments (i) In general Each State plan shall identify the languages other than English that are present to a significant extent in the participating student population of the State and indicate the languages for which annual student academic assessments are not available and are needed. (ii) Secretarial assistance The State shall make every effort to develop such assessments and may request assistance from the Secretary if linguistically accessible academic assessment measures are needed. Upon request, the Secretary shall assist with the identification of appropriate academic assessment measures in the needed languages, but shall not mandate a specific academic assessment or mode of instruction. (G) Assessments of English language proficiency (i) In general Each State plan shall demonstrate that local educational agencies in the State will provide for an annual assessment of English proficiency of all English learners in the schools served by the State educational agency. (ii) Alignment The assessments described in clause (i) shall be aligned with the State’s English language proficiency standards described in paragraph (1)(F). (H) Locally-selected assessment (i) In general Nothing in this paragraph shall be construed to prohibit a local educational agency from administering a locally-selected assessment in lieu of the State-designed academic assessment under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v), if the local educational agency selects a nationally-recognized high school academic assessment that has been approved for use by the State as described in clause (iii) or (iv) of this subparagraph. (ii) State technical criteria To allow for State approval of nationally-recognized high school academic assessments that are available for local selection under clause (i), a State educational agency shall establish technical criteria to determine if any such assessment meets the requirements of clause (v). (iii) State approval If a State educational agency chooses to make a nationally-recognized high school assessment available for selection by a local educational agency under clause (i), which has not already been approved under this clause, such State educational agency shall— (I) conduct a review of the assessment to determine if such assessment meets or exceeds the technical criteria established by the State educational agency under clause (ii); (II) submit evidence in accordance with subsection (a)(4) that demonstrates such assessment meets the requirements of clause (v); and (III) after fulfilling the requirements of subclauses (I) and (II), approve such assessment for selection and use by any local educational agency that requests to use such assessment under clause (i). (iv) Local educational agency option (I) Local educational agency If a local educational agency chooses to submit a nationally-recognized high school academic assessment to the State educational agency, subject to the approval process described in subclause (I) and subclause (II) of clause (iii) to determine if such assessment fulfills the requirements of clause (v), the State educational agency may approve the use of such assessment consistent with clause (i). (II) State educational agency Upon such approval, the State educational agency shall approve the use of such assessment in any other local educational agency in the State that subsequently requests to use such assessment without repeating the process described in subclauses (I) and (II) of clause (iii). (v) Requirements To receive approval from the State educational agency under clause (iii), a locally-selected assessment shall— (I) be aligned to the State’s academic content standards under paragraph (1), address the depth and breadth of such standards, and be equivalent in its content coverage, difficulty, and quality to the State-designed assessments under this paragraph (and may be more rigorous in its content coverage and difficulty than such State-designed assessments); (II) provide comparable, valid, and reliable data on academic achievement, as compared to the State-designed assessments, for all students and for each subgroup of students defined in subsection (c)(2), with results expressed in terms consistent with the State’s academic achievement standards under paragraph (1), among all local educational agencies within the State; (III) meet the requirements for the assessments under subparagraph (B) of this paragraph, including technical criteria, except the requirement under clause (i) of such subparagraph; and (IV) provide unbiased, rational, and consistent differentiation between schools within the State to meet the requirements of subsection (c). (vi) Parental notification A local educational agency shall notify the parents of high school students served by the local educational agency— (I) of its request to the State educational agency for approval to administer a locally-selected assessment; and (II) upon approval, and at the beginning of each subsequent school year during which the locally selected assessment will be administered, that the local educational agency will be administering a different assessment than the State-designed assessments under subclause (I)(bb) and subclause (II)(cc) of subparagraph (B)(v). (I) Deferral A State may defer the commencement, or suspend the administration, but not cease the development, of the assessments described in this paragraph, for 1 year for each year for which the amount appropriated for grants under part B is less than $369,100,000. (J) Adaptive Assessments (i) In General Subject to clause (ii), a State retains the right to develop and administer computer adaptive assessments as the assessments described in this paragraph, provided the computer adaptive assessments meet the requirements of this paragraph, except that— (I) subparagraph (B)(i) shall not be interpreted to require that all students taking the computer adaptive assessment be administered the same assessment items; and (II) such assessment— (aa) shall measure, at a minimum, each student’s academic proficiency based on the challenging State academic standards for the student’s grade level and growth toward such standards; and (bb) may measure the student’s level of academic proficiency and growth using items above or below the student’s grade level, including for use as part of a State’s accountability system under subsection (c). (ii) Students with the most significant cognitive disabilities and English learners In developing and administering computer adaptive assessments— (I) as the assessments allowed under subparagraph (D), a State shall ensure that such computer adaptive assessments— (aa) meet the requirements of this paragraph, including subparagraph (D), except such assessments shall not be required to meet the requirements of clause (i)(II); and (bb) assess the student's academic achievement to measure, in the subject being assessed, whether the student is performing at the student's grade level; and (II) as the assessments required under subparagraph (G), a State shall ensure that such computer adaptive assessments— (aa) meet the requirements of this paragraph, including subparagraph (G), except such assessment shall not be required to meet the requirements of clause (i)(II); and (bb) assess the student’s language proficiency, which may include growth towards such proficiency, in order to measure the student’s acquisition of English. (K) Rule of construction on parent rights Nothing in this paragraph shall be construed as preempting a State or local law regarding the decision of a parent to not have the parent's child participate in the academic assessments under this paragraph. (L) Limitation on assessment time Subject to Federal or State requirements related to assessments, evaluations, and accommodations, each State may, at the sole discretion of such State, set a target limit on the aggregate amount of time devoted to the administration of assessments for each grade, expressed as a percentage of annual instructional hours. (3) Exception for recently arrived English Learners (A) Assessments With respect to recently arrived English learners who have been enrolled in a school in one of the 50 States in the United States or the District of Columbia for less than 12 months, a State may choose to— (i) exclude— (I) such an English learner from one administration of the reading or language arts assessment required under paragraph (2); and (II) such an English learner’s results on any of the assessments required under paragraph (2)(B)(v)(I) or (2)(G) for the first year of the English learner’s enrollment in such a school for the purposes of the State-determined accountability system under subsection (c); or (ii) (I) assess, and report the performance of, such an English learner on the reading or language arts and mathematics assessments required under paragraph (2)(B)(v)(I) in each year of the student’s enrollment in such a school; and (II) for the purposes of the State-determined accountability system— (aa) for the first year of the student’s enrollment in such a school, exclude the results on the assessments described in subclause (I); (bb) include a measure of student growth on the assessments described in subclause (I) in the second year of the student’s enrollment in such a school; and (cc) include proficiency on the assessments described in subclause (I) in the third year of the student’s enrollment in such a school, and each succeeding year of such enrollment. (B) English learner subgroup With respect to a student previously identified as an English learner and for not more than 4 years after the student ceases to be identified as an English learner, a State may include the results of the student’s assessments under paragraph (2)(B)(v)(I) within the English learner subgroup of the subgroups of students (as defined in subsection (c)(2)(D)) for the purposes of the State-determined accountability system. (c) Statewide accountability system (1) In general Each State plan shall describe a statewide accountability system that complies with the requirements of this subsection and subsection (d). (2) Subgroup of students In this subsection and subsection (d), the term subgroup of students means— (A) economically disadvantaged students; (B) students from major racial and ethnic groups; (C) children with disabilities; and (D) English learners. (3) Minimum number of students Each State shall describe— (A) with respect to any provisions under this part that require disaggregation of information by each subgroup of students— (i) the minimum number of students that the State determines are necessary to be included to carry out such requirements and how that number is statistically sound, which shall be the same State-determined number for all students and for each subgroup of students in the State; (ii) how such minimum number of students was determined by the State, including how the State collaborated with teachers, principals, other school leaders, parents, and other stakeholders when determining such minimum number; and (iii) how the State ensures that such minimum number is sufficient to not reveal any personally identifiable information. (4) Description of system The statewide accountability system described in paragraph (1) shall be based on the challenging State academic standards for reading or language arts and mathematics described in subsection (b)(1) to improve student academic achievement and school success. In designing such system to meet the requirements of this part, the State shall carry out the following: (A) Establishment of long-term goals Establish ambitious State-designed long-term goals, which shall include measurements of interim progress toward meeting such goals— (i) for all students and separately for each subgroup of students in the State— (I) for, at a minimum, improved— (aa) academic achievement, as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and (bb) high school graduation rates, including— (AA) the four-year adjusted cohort graduation rate; and (BB) at the State’s discretion, the extended-year adjusted cohort graduation rate, except that the State shall set a more rigorous long-term goal for such graduation rate, as compared to the long-term goal set for the four-year adjusted cohort graduation rate; (II) for which the term set by the State for such goals is the same multi-year length of time for all students and for each subgroup of students in the State; and (III) that, for subgroups of students who are behind on the measures described in items (aa) and (bb) of subclause (I), take into account the improvement necessary on such measures to make significant progress in closing statewide proficiency and graduation rate gaps; and (ii) for English learners, for increases in the percentage of such students making progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline. (B) Indicators Except for the indicator described in clause (iv), annually measure, for all students and separately for each subgroup of students, the following indicators: (i) For all public schools in the State, based on the long-term goals established under subparagraph (A), academic achievement— (I) as measured by proficiency on the annual assessments required under subsection (b)(2)(B)(v)(I); and (II) at the State’s discretion, for each public high school in the State, student growth, as measured by such annual assessments. (ii) For public elementary schools and secondary schools that are not high schools in the State— (I) a measure of student growth, if determined appropriate by the State; or (II) another valid and reliable statewide academic indicator that allows for meaningful differentiation in school performance. (iii) For public high schools in the State, and based on State-designed long term goals established under subparagraph (A)— (I) the four-year adjusted cohort graduation rate; and (II) at the State’s discretion, the extended-year adjusted cohort graduation rate. (iv) For public schools in the State, progress in achieving English language proficiency, as defined by the State and measured by the assessments described in subsection (b)(2)(G), within a State-determined timeline for all English learners— (I) in each of the grades 3 through 8; and (II) in the grade for which such English learners are otherwise assessed under subsection (b)(2)(B)(v)(I) during the grade 9 through grade 12 period, with such progress being measured against the results of the assessments described in subsection (b)(2)(G) taken in the previous grade. (v) (I) For all public schools in the State, not less than one indicator of school quality or student success that— (aa) allows for meaningful differentiation in school performance; (bb) is valid, reliable, comparable, and statewide (with the same indicator or indicators used for each grade span, as such term is determined by the State); and (cc) may include one or more of the measures described in subclause (II). (II) For purposes of subclause (I), the State may include measures of— (III) student engagement; (IV) educator engagement; (V) student access to and completion of advanced coursework; (VI) postsecondary readiness; (VII) school climate and safety; and (VIII) any other indicator the State chooses that meets the requirements of this clause. (C) Annual meaningful differentiation Establish a system of meaningfully differentiating, on an annual basis, all public schools in the State, which shall— (i) be based on all indicators in the State’s accountability system under subparagraph (B), for all students and for each of subgroup of students, consistent with the requirements of such subparagraph; (ii) with respect to the indicators described in clauses (i) through (iv) of subparagraph (B) afford— (I) substantial weight to each such indicator; and (II) in the aggregate, much greater weight than is afforded to the indicator or indicators utilized by the State and described in subparagraph (B)(v), in the aggregate; and (iii) include differentiation of any such school in which any subgroup of students is consistently underperforming, as determined by the State, based on all indicators under subparagraph (B) and the system established under this subparagraph. (D) Identification of schools Based on the system of meaningful differentiation described in subparagraph (C), establish a State-determined methodology to identify— (i) beginning with school year 2017–2018, and at least once every three school years thereafter, one statewide category of schools for comprehensive support and improvement, as described in subsection (d)(1), which shall include— (I) not less than the lowest-performing 5 percent of all schools receiving funds under this part in the State; (II) all public high schools in the State failing to graduate one third or more of their students; and (III) public schools in the State described under subsection (d)(3)(A)(i)(II); and (ii) at the discretion of the State, additional statewide categories of schools. (E) Annual measurement of achievement (i) Annually measure the achievement of not less than 95 percent of all students, and 95 percent of all students in each subgroup of students, who are enrolled in public schools on the assessments described under subsection (b)(2)(v)(I). (ii) For the purpose of measuring, calculating, and reporting on the indicator described in subparagraph (B)(i), include in the denominator the greater of— (I) 95 percent of all such students, or 95 percent of all such students in the subgroup, as the case may be; or (II) the number of students participating in the assessments. (iii) Provide a clear and understandable explanation of how the State will factor the requirement of clause (i) of this subparagraph into the statewide accountability system. (F) Partial attendance (i) In the case of a student who has not attended the same school within a local educational agency for at least half of a school year, the performance of such student on the indicators described in clauses (i), (ii), (iv), and (v) of subparagraph (B)— (I) may not be used in the system of meaningful differentiation of all public schools as described in subparagraph (C) for such school year; and (II) shall be used for the purpose of reporting on the State and local educational agency report cards under subsection (h) for such school year. (ii) In the case of a high school student who has not attended the same school within a local educational agency for at least half of a school year and has exited high school without a regular high school diploma and without transferring to another high school that grants a regular high school diploma during such school year, the local educational agency shall, in order to calculate the graduation rate pursuant to subparagraph (B)(iii), assign such student to the high school— (I) at which such student was enrolled for the greatest proportion of school days while enrolled in grades 9 through 12; or (II) in which the student was most recently enrolled. (5) Accountability for charter schools The accountability provisions under this Act shall be overseen for charter schools in accordance with State charter school law. (d) School support and improvement activities (1) Comprehensive support and improvement (A) In general Each State educational agency receiving funds under this part shall notify each local educational agency in the State of any school served by the local educational agency that is identified for comprehensive support and improvement under subsection (c)(4)(D)(i). (B) Local educational agency action Upon receiving such information from the State, the local educational agency shall, for each school identified by the State and in partnership with stakeholders (including principals and other school leaders, teachers, and parents), locally develop and implement a comprehensive support and improvement plan for the school to improve student outcomes, that— (i) is informed by all indicators described in subsection (c)(4)(B), including student performance against State-determined long-term goals; (ii) includes evidence-based interventions; (iii) is based on a school-level needs assessment; (iv) identifies resource inequities, which may include a review of local educational agency and school-level budgeting, to be addressed through implementation of such comprehensive support and improvement plan; (v) is approved by the school, local educational agency, and State educational agency; and (vi) upon approval and implementation, is monitored and periodically reviewed by the State educational agency. (C) State educational agency discretion With respect to any high school in the State identified under subsection (c)(4)(D)(i)(II), the State educational agency may— (i) permit differentiated improvement activities that utilize evidence-based interventions in the case of such a school that predominantly serves students— (I) returning to education after having exited secondary school without a regular high school diploma; or (II) who, based on their grade or age, are significantly off track to accumulate sufficient academic credits to meet high school graduation requirements, as established by the State; and (ii) in the case of such a school that has a total enrollment of less than 100 students, permit the local educational agency to forego implementation of improvement activities required under this paragraph. (D) Public school choice (i) In general A local educational agency may provide all students enrolled in a school identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) with the option to transfer to another public school served by the local educational agency, unless such an option is prohibited by State law. (ii) Priority In providing students the option to transfer to another public school, the local educational agency shall give priority to the lowest-achieving children from low-income families, as determined by the local educational agency for the purposes of allocating funds to schools under section 1113(a)(3). (iii) Treatment A student who uses the option to transfer to another public school shall be enrolled in classes and other activities in the public school to which the student transfers in the same manner as all other students at the public school. (iv) Special rule A local educational agency shall permit a student who transfers to another public school under this paragraph to remain in that school until the student has completed the highest grade in that school. (v) Funding for transportation A local educational agency may spend an amount equal to not more than 5 percent of its allocation under subpart 2 of this part to pay for the provision of transportation for students who transfer under this paragraph to the public schools to which the students transfer. (2) Targeted support and improvement (A) In general Each State educational agency receiving funds under this part shall, using the meaningful differentiation of schools described in subsection (c)(4)(C)— (i) notify each local educational agency in the State of any school served by the local educational agency in which any subgroup of students is consistently underperforming, as described in subsection (c)(4)(C)(iii); and (ii) ensure such local educational agency provides notification to such school with respect to which subgroup or subgroups of students in such school are consistently underperforming as described in subsection (c)(4)(C)(iii). (B) Targeted support and improvement plan Each school receiving a notification described in this paragraph, in partnership with stakeholders (including principals and other school leaders, teachers and parents), shall develop and implement a school-level targeted support and improvement plan to improve student outcomes based on the indicators in the statewide accountability system established under subsection (c)(4), for each subgroup of students that was the subject of notification that— (i) is informed by all indicators described in subsection (c)(4)(B), including student performance against long-term goals; (ii) includes evidence-based interventions; (iii) is approved by the local educational agency prior to implementation of such plan; (iv) is monitored, upon submission and implementation, by the local educational agency; and (v) results in additional action following unsuccessful implementation of such plan after a number of years determined by the local educational agency. (C) Additional targeted support A plan described in subparagraph (B) that is developed and implemented in any school receiving a notification under this paragraph from the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D) shall also identify resource inequities (which may include a review of local educational agency and school level budgeting), to be addressed through implementation of such plan. (D) Special rule The State educational agency, based on the State’s differentiation of schools under subsection (c)(4)(C) for school year 2017–2018, shall notify local educational agencies of any schools served by the local educational agency in which any subgroup of students, on its own, would lead to identification under subsection (c)(4)(D)(i)(I) using the State’s methodology under subsection (c)(4)(D), after which notification of such schools under this paragraph shall result from differentiation of schools pursuant to subsection (c)(4)(C)(iii). (3) Continued support for school and local educational agency improvement To ensure continued progress to improve student academic achievement and school success in the State, the State educational agency— (A) shall— (i) establish statewide exit criteria for— (I) schools identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i), which, if not satisfied within a State-determined number of years (not to exceed four years), shall result in more rigorous State-determined action, such as the implementation of interventions (which may include addressing school-level operations); and (II) schools described in paragraph (2)(C), which, if not satisfied within a State-determined number of years, shall, in the case of such schools receiving assistance under this part, result in identification of the school by the State for comprehensive support and improvement under subsection (c)(4)(D)(i)(III); (ii) periodically review resource allocation to support school improvement in each local educational agency in the State serving— (I) a significant number of schools identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and (II) a significant number of schools implementing targeted support and improvement plans under paragraph (2); and (iii) provide technical assistance to each local educational agency in the State serving a significant number of— (I) schools implementing comprehensive support and improvement plans under paragraph (1); or (II) schools implementing targeted support and improvement plans under paragraph (2); and (B) may— (i) take action to initiate additional improvement in any local educational agency with— (I) a significant number of schools that are consistently identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) and not meeting exit criteria established by the State under subparagraph (A)(i)(I); or (II) a significant number of schools implementing targeted support and improvement plans under paragraph (2); and (ii) consistent with State law, establish alternative evidence-based State determined strategies that can be used by local educational agencies to assist a school identified for comprehensive support and improvement under subsection (c)(4)(D)(i). (4) Rule of construction for collective bargaining Nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. (e) Prohibition (1) In general Nothing in this Act shall be construed to authorize or permit the Secretary— (A) when promulgating any rule or regulation, to promulgate any rule or regulation on the development or implementation of the statewide accountability system established under this section that would— (i) add new requirements that are inconsistent with or outside the scope of this part; (ii) add new criteria that are inconsistent with or outside the scope of this part; or (iii) be in excess of statutory authority granted to the Secretary; (B) as a condition of approval of the State plan, or revisions or amendments to, the State plan, or approval of a waiver request submitted under section 8401, to— (i) require a State to add any requirements that are inconsistent with or outside the scope of this part; (ii) require a State to add or delete one or more specific elements of the challenging State academic standards; or (iii) prescribe— (I) numeric long-term goals or measurements of interim progress that States establish for all students, for any subgroups of students, and for English learners with respect to English language proficiency, under this part, including— (aa) the length of terms set by States in designing such goals; or (bb) the progress expected from any subgroups of students in meeting such goals; (II) specific academic assessments or assessment items that States or local educational agencies use to meet the requirements of subsection (b)(2) or otherwise use to measure student academic achievement or student growth under this part; (III) indicators that States use within the State accountability system under this section, including any requirement to measure student growth, or, if a State chooses to measure student growth, the specific metrics used to measure such growth under this part; (IV) the weight of any measure or indicator used to identify or meaningfully differentiate schools, under this part; (V) the specific methodology used by States to meaningfully differentiate or identify schools under this part; (VI) any specific school support and improvement strategies or activities that State or local educational agencies establish and implement to intervene in, support, and improve schools and improve student outcomes under this part; (VII) exit criteria established by States under subsection (d)(3)(A)(i); (VIII) provided that the State meets the requirements in subsection (c)(3), a minimum number of students established by a State under such subsection; (IX) any aspect or parameter of a teacher, principal, or other school leader evaluation system within a State or local educational agency; (X) indicators or specific measures of teacher, principal, or other school leader effectiveness or quality; or (XI) the way in which the State factors the requirement under subsection (c)(4)(E)(i) into the statewide accountability system under this section; or (C) to issue new non-regulatory guidance that— (i) in seeking to provide explanation of requirements under this section for State or local educational agencies, either in response to requests for information or in anticipation of such requests, provides a strictly limited or exhaustive list to illustrate successful implementation of provisions under this section; or (ii) purports to be legally binding; or (D) to require data collection under this part beyond data derived from existing Federal, State, and local reporting requirements. (2) Defining terms In carrying out this part, the Secretary shall not, through regulation or as a condition of approval of the State plan or revisions or amendments to the State plan, promulgate a definition of any term used in this part, or otherwise prescribe any specification for any such term, that is inconsistent with or outside the scope of this part or is in violation of paragraph (1). (f) Existing State law Nothing in this section shall be construed to alter any State law or regulation granting parents authority over schools that repeatedly failed to make adequate yearly progress under this part, as in effect on the day before the date of the enactment of the Every Student Succeeds Act. (g) Other plan provisions (1) Descriptions Each State plan shall describe— (A) how the State will provide assistance to local educational agencies and individual elementary schools choosing to use funds under this part to support early childhood education programs; (B) how low-income and minority children enrolled in schools assisted under this part are not served at disproportionate rates by ineffective, out-of-field, or inexperienced teachers, and the measures the State educational agency will use to evaluate and publicly report the progress of the State educational agency with respect to such description (except that nothing in this subparagraph shall be construed as requiring a State to develop or implement a teacher, principal, or other school leader evaluation system); (C) how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, including through reducing— (i) incidences of bullying and harassment; (ii) the overuse of discipline practices that remove students from the classroom; and (iii) the use of aversive behavioral interventions that compromise student health and safety; (D) how the State will support local educational agencies receiving assistance under this part in meeting the needs of students at all levels of schooling (particularly students in the middle grades and high school), including how the State will work with such local educational agencies to provide effective transitions of students to middle grades and high school to decrease the risk of students dropping out; (E) the steps a State educational agency will take to ensure collaboration with the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act ( 42 U.S.C. 621 et seq. and 670 et seq.) to ensure the educational stability of children in foster care, including assurances that— (i) any such child enrolls or remains in such child’s school of origin, unless a determination is made that it is not in such child’s best interest to attend the school of origin, which decision shall be based on all factors relating to the child’s best interest, including consideration of the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; (ii) when a determination is made that it is not in such child’s best interest to remain in the school of origin, the child is immediately enrolled in a new school, even if the child is unable to produce records normally required for enrollment; (iii) the enrolling school shall immediately contact the school last attended by any such child to obtain relevant academic and other records; and (iv) the State educational agency will designate an employee to serve as a point of contact for child welfare agencies and to oversee implementation of the State agency responsibilities required under this subparagraph, and such point of contact shall not be the State’s Coordinator for Education of Homeless Children and Youths under section 722(d)(3) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432(d)(3) ); (F) how the State educational agency will provide support to local educational agencies in the identification, enrollment, attendance, and school stability of homeless children and youths; and (G) such other factors the State educational agency determines appropriate to provide students an opportunity to achieve the knowledge and skills described in the challenging State academic standards. (2) Assurances Each State plan shall contain assurances that— (A) the State will make public any methods or criteria the State is using to measure teacher, principal, or other school leader effectiveness for the purpose of meeting the requirements described in paragraph (1)(B); (B) the State educational agency will notify local educational agencies, Indian tribes and tribal organizations, schools, teachers, parents, and the public of the challenging State academic standards, academic assessments, and State accountability system, developed under this section; (C) the State educational agency will assist each local educational agency and school affected by the State plan to meet the requirements of this part; (D) the State will participate in the biennial State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(3) ) if the Secretary pays the costs of administering such assessments; (E) the State educational agency will modify or eliminate State fiscal and accounting barriers so that schools can easily consolidate funds from other Federal, State, and local sources to improve educational opportunities and reduce unnecessary fiscal and accounting requirements; (F) the State educational agency will support the collection and dissemination to local educational agencies and schools of effective parent and family engagement strategies, including those included in the parent and family engagement policy under section 1116; (G) the State educational agency will provide the least restrictive and burdensome regulations for local educational agencies and individual schools participating in a program assisted under this part; (H) the State educational agency will ensure that local educational agencies, in developing and implementing programs under this part, will, to the extent feasible, work in consultation with outside intermediary organizations (such as educational service agencies), or individuals, that have practical expertise in the development or use of evidence-based strategies and programs to improve teaching, learning, and schools; (I) the State educational agency has appropriate procedures and safeguards in place to ensure the validity of the assessment process; (J) the State educational agency will ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; (K) the State educational agency will coordinate activities funded under this part with other Federal activities as appropriate; (L) the State educational agency has involved the committee of practitioners established under section 1603(b) in developing the plan and monitoring its implementation; (M) the State has professional standards for paraprofessionals working in a program supported with funds under this part, including qualifications that were in place on the day before the date of enactment of the Every Student Succeeds Act; and (N) the State educational agency will provide the information described in clauses (ii), (iii), and (vii) of subsection (h)(1)(C) to the public in an easily accessible and user-friendly manner that can be cross-tabulated by, at a minimum, each major racial and ethnic group, gender, English proficiency status, and children with or without disabilities, which— (i) may be accomplished by including such information on the annual State report card described subsection (h)(1)(C); and (ii) shall be presented in a manner that— (I) is first anonymized and does not reveal personally identifiable information about an individual student; (II) does not include a number of students in any subgroup of students that is insufficient to yield statistically reliable information or that would reveal personally identifiable information about an individual student; and (III) is consistent with the requirements of section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ). (3) Rules of construction Nothing in paragraph (2)(N) shall be construed to— (A) require groups of students obtained by any entity that cross-tabulates the information provided under such paragraph to be considered subgroups of students, as defined in subsection (c)(2), for the purposes of the State accountability system under subsection (c); or (B) require or prohibit States or local educational agencies from publicly reporting data in a cross-tabulated manner, in order to meet the requirements of paragraph (2)(N). (4) Technical assistance Upon request by a State educational agency, the Secretary shall provide technical assistance to such agency to— (A) meet the requirements of paragraph (2)(N); or (B) in the case of a State educational agency choosing, at its sole discretion, to disaggregate data described in clauses (ii) and (iii)(II) of subsection (h)(1)(C) for Asian and Native Hawaiian or Pacific Islander students using the same race response categories as the decennial census of the population, assist such State educational agency in such disaggregation and in using such data to improve academic outcomes for such students. (h) Reports (1) Annual state report card (A) In general A State that receives assistance under this part shall prepare and disseminate widely to the public an annual State report card for the State as a whole that meets the requirements of this paragraph. (B) Implementation The State report card required under this paragraph shall be— (i) concise; (ii) presented in an understandable and uniform format that is developed in consultation with parents and, to the extent practicable, in a language that parents can understand; and (iii) widely accessible to the public, which shall include making available on a single webpage of the State educational agency’s website, the State report card, all local educational agency report cards for each local educational agency in the State required under paragraph (2), and the annual report to the Secretary under paragraph (5). (C) Minimum requirements Each State report card required under this subsection shall include the following information: (i) A clear and concise description of the State’s accountability system under subsection (c), including— (I) the minimum number of students that the State determines are necessary to be included in each of the subgroups of students, as defined in subsection (c)(2), for use in the accountability system; (II) the long-term goals and measurements of interim progress for all students and for each of the subgroups of students, as defined in subsection (c)(2); (III) the indicators described in subsection (c)(4)(B) used to meaningfully differentiate all public schools in the State; (IV) the State’s system for meaningfully differentiating all public schools in the State, including— (aa) the specific weight of the indicators described in subsection (c)(4)(B) in such differentiation; (bb) the methodology by which the State differentiates all such schools; (cc) the methodology by which the State differentiates a school as consistently underperforming for any subgroup of students described in section (c)(4)(C)(iii), including the time period used by the State to determine consistent underperformance; and (dd) the methodology by which the State identifies a school for comprehensive support and improvement as required under subsection (c)(4)(D)(i); (V) the number and names of all public schools in the State identified by the State for comprehensive support and improvement under subsection (c)(4)(D)(i) or implementing targeted support and improvement plans under subsection (d)(2); and (VI) the exit criteria established by the State as required under clause (i) of subsection (d)(3)(A), including the length of years established under clause (i)(II) of such subsection. (ii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), homeless status, status as a child in foster care, and status as a student with a parent who is a member of the Armed Forces (as defined in section 101(a)(4) of title 10, United States Code) on active duty (as defined in section 101(d)(5) of such title), information on student achievement on the academic assessments described in subsection (b)(2) at each level of achievement, as determined by the State under subsection (b)(1). (iii) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), and for purposes of subclause (II) of this clause, homeless status and status as a child in foster care— (I) information on the performance on the other academic indicator under subsection (c)(4)(B)(ii) for public elementary schools and secondary schools that are not high schools, used by the State in the State accountability system; and (II) high school graduation rates, including four-year adjusted cohort graduation rates and, at the State’s discretion, extended-year adjusted cohort graduation rates. (iv) Information on the number and percentage of English learners achieving English language proficiency. (v) For all students and disaggregated by each of the subgroups of students, as defined in subsection (c)(2), information on the performance on the other indicator or indicators of school quality or student success under subsection (c)(4)(B)(v) used by the State in the State accountability system. (vi) Information on the progress of all students and each subgroup of students, as defined in subsection (c)(2), toward meeting the State-designed long term goals under subsection (c)(4)(A), including the progress of all students and each such subgroup of students against the State measurements of interim progress established under such subsection. (vii) For all students and disaggregated by each subgroup of students described in subsection (b)(2)(B)(xi), the percentage of students assessed and not assessed. (viii) Information submitted by the State educational agency and each local educational agency in the State, in accordance with data collection conducted pursuant to section 203(c)(1) of the Department of Education Organization Act ( 20 U.S.C. 3413(c)(1) ), on— (I) measures of school quality, climate, and safety, including rates of in-school suspensions, out-of-school suspensions, expulsions, school-related arrests, referrals to law enforcement, chronic absenteeism (including both excused and unexcused absences), incidences of violence, including bullying and harassment; and (II) the number and percentage of students enrolled in— (aa) preschool programs; and (bb) accelerated coursework to earn postsecondary credit while still in high school, such as Advanced Placement and International Baccalaureate courses and examinations, and dual or concurrent enrollment programs. (ix) The professional qualifications of teachers in the State, including information (that shall be presented in the aggregate and disaggregated by high-poverty compared to low-poverty schools) on the number and percentage of— (I) inexperienced teachers, principals, and other school leaders; (II) teachers teaching with emergency or provisional credentials; and (III) teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (x) The per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year. (xi) The number and percentages of students with the most significant cognitive disabilities who take an alternate assessment under subsection (b)(2)(D), by grade and subject. (xii) Results on the State academic assessments in reading and mathematics in grades 4 and 8 of the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(3) ), compared to the national average of such results. (xiii) Where available, for each high school in the State, and beginning with the report card prepared under this paragraph for 2017, the cohort rate (in the aggregate, and disaggregated for each subgroup of students defined in subsection (c)(2)), at which students who graduate from the high school enroll, for the first academic year that begins after the students’ graduation— (I) in programs of public postsecondary education in the State; and (II) if data are available and to the extent practicable, in programs of private postsecondary education in the State or programs of postsecondary education outside the State. (xiv) Any additional information that the State believes will best provide parents, students, and other members of the public with information regarding the progress of each of the State’s public elementary schools and secondary schools, which may include the number and percentage of students attaining career and technical proficiencies (as defined by section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2323(b) ) and reported by States only in a manner consistent with section 113(c) of such Act ( 20 U.S.C. 2323(c) ). (D) Rules of construction Nothing in subparagraph (C)(viii) shall be construed as requiring— (i) reporting of any data that are not collected in accordance with section 203(c)(1) of the Department of Education Organization Act ( 20 U.S.C. 3413(c)(1) ; or (ii) disaggregation of any data other than as required under subsection (b)(2)(B)(xi). (2) Annual local educational agency report cards (A) Preparation and dissemination A local educational agency that receives assistance under this part shall prepare and disseminate an annual local educational agency report card that includes information on such agency as a whole and each school served by the agency. (B) Implementation Each local educational agency report card shall be— (i) concise; (ii) presented in an understandable and uniform format, and to the extent practicable, in a language that parents can understand; and (iii) accessible to the public, which shall include— (I) placing such report card on the website of the local educational agency; and (II) in any case in which a local educational agency does not operate a website, providing the information to the public in another manner determined by the local educational agency. (C) Minimum requirements The State educational agency shall ensure that each local educational agency collects appropriate data and includes in the local educational agency’s annual report the information described in paragraph (1)(C), disaggregated in the same manner as required under such paragraph, except for clause (xii) of such paragraph, as applied to the local educational agency and each school served by the local educational agency, including— (i) in the case of a local educational agency, information that shows how students served by the local educational agency achieved on the academic assessments described in subsection (b)(2) compared to students in the State as a whole; (ii) in the case of a school, information that shows how the school’s students’ achievement on the academic assessments described in subsection (b)(2) compared to students served by the local educational agency and the State as a whole; and (iii) any other information that the local educational agency determines is appropriate and will best provide parents, students, and other members of the public with information regarding the progress of each public school served by the local educational agency, whether or not such information is included in the annual State report card. (D) Additional information In the case of a local educational agency that issues a report card for all students, the local educational agency may include the information under this section as part of such report. (3) Preexisting report cards A State educational agency or local educational agency may use public report cards on the performance of students, schools, local educational agencies, or the State, that were in effect prior to the date of enactment of the Every Student Succeeds Act for the purpose of this subsection, so long as any such report card is modified, as may be needed, to contain the information required by this subsection, and protects the privacy of individual students. (4) Cost reduction Each State educational agency and local educational agency receiving assistance under this part shall, wherever possible, take steps to reduce data collection costs and duplication of effort by obtaining the information required under this subsection through existing data collection efforts. (5) Annual state report to the secretary Each State educational agency receiving assistance under this part shall report annually to the Secretary, and make widely available within the State— (A) information on the achievement of students on the academic assessments required by subsection (b)(2), including the disaggregated results for the subgroups of students as defined in subsection (c)(2); (B) information on the acquisition of English proficiency by English learners; (C) the number and names of each public school in the State— (i) identified for comprehensive support and improvement under subsection (c)(4)(D)(i); and (ii) implementing targeted support and improvement plans under subsection (d)(2); and (D) information on the professional qualifications of teachers in the State, including information on the number and the percentage of the following teachers: (i) Inexperienced teachers. (ii) Teachers teaching with emergency or provisional credentials. (iii) Teachers who are not teaching in the subject or field for which the teacher is certified or licensed. (6) Report to Congress The Secretary shall transmit annually to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report that provides national and State-level data on the information collected under paragraph (5). Such report shall be submitted through electronic means only. (i) Privacy (1) In General Information collected or disseminated under this section (including any information collected for or included in the reports described in subsection (h)) shall be collected and disseminated in a manner that protects the privacy of individuals consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the Family Educational Rights and Privacy Act of 1974 ) and this Act. (2) Sufficiency The reports described in subsection (h) shall only include data that are sufficient to yield statistically reliable information. (3) Disaggregation Disaggregation under this section shall not be required if such disaggregation will reveal personally identifiable information about any student, teacher, principal, or other school leader, or will provide data that are insufficient to yield statistically reliable information. (j) Voluntary partnerships A State retains the right to enter into a voluntary partnership with another State to develop and implement the challenging State academic standards and assessments required under this section, except that the Secretary shall not attempt to influence, incentivize, or coerce State— (1) adoption of the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, or assessments tied to such standards; or (2) participation in such partnerships. (k) Special rule with respect to bureau-Funded schools In determining the assessments to be used by each school operated or funded by the Bureau of Indian Education receiving funds under this part, the following shall apply until the requirements of section 8204(c) have been met: (1) Each such school that is accredited by the State in which it is operating shall use the assessments and other academic indicators the State has developed and implemented to meet the requirements of this section, or such other appropriate assessment and academic indicators as approved by the Secretary of the Interior. (2) Each such school that is accredited by a regional accrediting organization (in consultation with and with the approval of the Secretary of the Interior, and consistent with assessments and academic indicators adopted by other schools in the same State or region) shall adopt an appropriate assessment and other academic indicators that meet the requirements of this section. (3) Each such school that is accredited by a tribal accrediting agency or tribal division of education shall use an assessment and other academic indicators developed by such agency or division, except that the Secretary of the Interior shall ensure that such assessment and academic indicators meet the requirements of this section. (l) Construction Nothing in this part shall be construed to prescribe the use of the academic assessments described in this part for student promotion or graduation purposes. . 1006. Local educational agency plans Section 1112 ( 20 U.S.C. 6312 ) is amended to read as follows: 1112. Local educational agency plans (a) Plans required (1) Subgrants A local educational agency may receive a subgrant under this part for any fiscal year only if such agency has on file with the State educational agency a plan, approved by the State educational agency, that— (A) is developed with timely and meaningful consultation with teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), administrators (including administrators of programs described in other parts of this title), other appropriate school personnel, and with parents of children in schools served under this part; and (B) as appropriate, is coordinated with other programs under this Act, the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), the Rehabilitation Act of 1973 ( 20 U.S.C. 701 et seq. ), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ), the Adult Education and Family Literacy Act ( 29 U.S.C. 3271 et seq. ), and other Acts as appropriate. (2) Consolidated application The plan may be submitted as part of a consolidated application under section 8305. (3) State approval (A) In general Each local educational agency plan shall be filed according to a schedule established by the State educational agency. (B) Approval The State educational agency shall approve a local educational agency’s plan only if the State educational agency determines that the local educational agency’s plan— (i) provides that schools served under this part substantially help children served under this part meet the challenging State academic standards; and (ii) meets the requirements of this section. (4) Duration Each local educational agency plan shall be submitted for the first year for which this part is in effect following the date of enactment of the Every Student Succeeds Act and shall remain in effect for the duration of the agency’s participation under this part. (5) Review Each local educational agency shall periodically review and, as necessary, revise its plan. (6) Rule of Construction Consultation required under paragraph (1)(A) shall not interfere with the timely submission of the plan required under this section. (b) Plan provisions To ensure that all children receive a high-quality education, and to close the achievement gap between children meeting the challenging State academic standards and those children who are not meeting such standards, each local educational agency plan shall describe— (1) how the local educational agency will monitor students’ progress in meeting the challenging State academic standards by— (A) developing and implementing a well-rounded program of instruction to meet the academic needs of all students; (B) identifying students who may be at risk for academic failure; (C) providing additional educational assistance to individual students the local educational agency or school determines need help in meeting the challenging State academic standards; and (D) identifying and implementing instructional and other strategies intended to strengthen academic programs and improve school conditions for student learning; (2) how the local educational agency will identify and address, as required under State plans as described in section 1111(g)(1)(B), any disparities that result in low-income students and minority students being taught at higher rates than other students by ineffective, inexperienced, or out-of-field teachers; (3) how the local educational agency will carry out its responsibilities under paragraphs (1) and (2) of section 1111(d); (4) the poverty criteria that will be used to select school attendance areas under section 1113; (5) in general, the nature of the programs to be conducted by such agency’s schools under sections 1114 and 1115 and, where appropriate, educational services outside such schools for children living in local institutions for neglected or delinquent children, and for neglected and delinquent children in community day school programs; (6) the services the local educational agency will provide homeless children and youths, including services provided with funds reserved under section 1113(c)(3)(A), to support the enrollment, attendance, and success of homeless children and youths, in coordination with the services the local educational agency is providing under the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq. ); (7) the strategy the local educational agency will use to implement effective parent and family engagement under section 1116; (8) if applicable, how the local educational agency will support, coordinate, and integrate services provided under this part with early childhood education programs at the local educational agency or individual school level, including plans for the transition of participants in such programs to local elementary school programs; (9) how teachers and school leaders, in consultation with parents, administrators, paraprofessionals, and specialized instructional support personnel, in schools operating a targeted assistance school program under section 1115, will identify the eligible children most in need of services under this part; (10) how the local educational agency will implement strategies to facilitate effective transitions for students from middle grades to high school and from high school to postsecondary education including, if applicable— (A) through coordination with institutions of higher education, employers, and other local partners; and (B) through increased student access to early college high school or dual or concurrent enrollment opportunities, or career counseling to identify student interests and skills; (11) how the local educational agency will support efforts to reduce the overuse of discipline practices that remove students from the classroom, which may include identifying and supporting schools with high rates of discipline, disaggregated by each of the subgroups of students, as defined in section 1111(c)(2); (12) if determined appropriate by the local educational agency, how such agency will support programs that coordinate and integrate— (A) academic and career and technical education content through coordinated instructional strategies, that may incorporate experiential learning opportunities and promote skills attainment important to in-demand occupations or industries in the State; and (B) work-based learning opportunities that provide students in-depth interaction with industry professionals and, if appropriate, academic credit; and (13) any other information on how the local educational agency proposes to use funds to meet the purposes of this part, and that the local educational agency determines appropriate to provide, which may include how the local educational agency will— (A) assist schools in identifying and serving gifted and talented students; and (B) assist schools in developing effective school library programs to provide students an opportunity to develop digital literacy skills and improve academic achievement. (c) Assurances Each local educational agency plan shall provide assurances that the local educational agency will— (1) ensure that migratory children and formerly migratory children who are eligible to receive services under this part are selected to receive such services on the same basis as other children who are selected to receive services under this part; (2) provide services to eligible children attending private elementary schools and secondary schools in accordance with section 1117, and timely and meaningful consultation with private school officials regarding such services; (3) participate, if selected, in the National Assessment of Educational Progress in reading and mathematics in grades 4 and 8 carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(b)(3) ); (4) coordinate and integrate services provided under this part with other educational services at the local educational agency or individual school level, such as services for English learners, children with disabilities, migratory children, American Indian, Alaska Native, and Native Hawaiian children, and homeless children and youths, in order to increase program effectiveness, eliminate duplication, and reduce fragmentation of the instructional program; (5) collaborate with the State or local child welfare agency to— (A) designate a point of contact if the corresponding child welfare agency notifies the local educational agency, in writing, that the agency has designated an employee to serve as a point of contact for the local educational agency; and (B) by not later than 1 year after the date of enactment of the Every Student Succeeds Act , develop and implement clear written procedures governing how transportation to maintain children in foster care in their school of origin when in their best interest will be provided, arranged, and funded for the duration of the time in foster care, which procedures shall— (i) ensure that children in foster care needing transportation to the school of origin will promptly receive transportation in a cost-effective manner and in accordance with section 475(4)(A) of the Social Security Act ( 42 U.S.C. 675(4)(A) ); and (ii) ensure that, if there are additional costs incurred in providing transportation to maintain children in foster care in their schools of origin, the local educational agency will provide transportation to the school of origin if— (I) the local child welfare agency agrees to reimburse the local educational agency for the cost of such transportation; (II) the local educational agency agrees to pay for the cost of such transportation; or (III) the local educational agency and the local child welfare agency agree to share the cost of such transportation; and (6) ensure that all teachers and paraprofessionals working in a program supported with funds under this part meet applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification; and (7) in the case of a local educational agency that chooses to use funds under this part to provide early childhood education services to low-income children below the age of compulsory school attendance, ensure that such services comply with the performance standards established under section 641A(a) of the Head Start Act ( 42 U.S.C. 9836a(a) ). (d) Special rule For local educational agencies using funds under this part for the purposes described in subsection (c)(7), the Secretary shall— (1) consult with the Secretary of Health and Human Services and establish procedures (taking into consideration existing State and local laws, and local teacher contracts) to assist local educational agencies to comply with such subsection; and (2) disseminate to local educational agencies the education performance standards in effect under section 641A(a) of the Head Start Act ( 42 U.S.C. 9836a(a) ), and such agencies affected by such subsection (c)(7) shall plan to comply with such subsection (taking into consideration existing State and local laws, and local teacher contracts), including by pursuing the availability of other Federal, State, and local funding sources to assist with such compliance. (e) Parents right-to-know (1) Information for parents (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the agency will provide the parents on request (and in a timely manner), information regarding the professional qualifications of the student’s classroom teachers, including at a minimum, the following: (i) Whether the student’s teacher— (I) has met State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; (II) is teaching under emergency or other provisional status through which State qualification or licensing criteria have been waived; and (III) is teaching in the field of discipline of the certification of the teacher. (ii) Whether the child is provided services by paraprofessionals and, if so, their qualifications. (B) Additional information In addition to the information that parents may request under subparagraph (A), a school that receives funds under this part shall provide to each individual parent of a child who is a student in such school, with respect to such student— (i) information on the level of achievement and academic growth of the student, if applicable and available, on each of the State academic assessments required under this part; and (ii) timely notice that the student has been assigned, or has been taught for 4 or more consecutive weeks by, a teacher who does not meet applicable State certification or licensure requirements at the grade level and subject area in which the teacher has been assigned. (2) Testing transparency (A) In general At the beginning of each school year, a local educational agency that receives funds under this part shall notify the parents of each student attending any school receiving funds under this part that the parents may request, and the local educational agency will provide the parents on request (and in a timely manner), information regarding any State or local educational agency policy regarding student participation in any assessments mandated by section 1111(b)(2) and by the State or local educational agency, which shall include a policy, procedure, or parental right to opt the child out of such assessment, where applicable. (B) Additional information Subject to subparagraph (C), each local educational agency that receives funds under this part shall make widely available through public means (including by posting in a clear and easily accessible manner on the local educational agency’s website and, where practicable, on the website of each school served by the local educational agency) for each grade served by the local educational agency, information on each assessment required by the State to comply with section 1111, other assessments required by the State, and where such information is available and feasible to report, assessments required districtwide by the local educational agency, including— (i) the subject matter assessed; (ii) the purpose for which the assessment is designed and used; (iii) the source of the requirement for the assessment; and (iv) where such information is available— (I) the amount of time students will spend taking the assessment, and the schedule for the assessment; and (II) the time and format for disseminating results. (C) Local educational agency that does not operate a website In the case of a local educational agency that does not operate a website, such local educational agency shall determine how to make the information described in subparagraph (A) widely available, such as through distribution of that information to the media, through public agencies, or directly to parents. (3) Language instruction (A) Notice Each local educational agency using funds under this part or title III to provide a language instruction educational program as determined under title III shall, not later than 30 days after the beginning of the school year, inform parents of an English learner identified for participation or participating in such a program, of— (i) the reasons for the identification of their child as an English learner and in need of placement in a language instruction educational program; (ii) the child’s level of English proficiency, how such level was assessed, and the status of the child’s academic achievement; (iii) the methods of instruction used in the program in which their child is, or will be, participating and the methods of instruction used in other available programs, including how such programs differ in content, instructional goals, and the use of English and a native language in instruction; (iv) how the program in which their child is, or will be, participating will meet the educational strengths and needs of their child; (v) how such program will specifically help their child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; (vi) the specific exit requirements for the program, including the expected rate of transition from such program into classrooms that are not tailored for English learners, and the expected rate of graduation from high school (including four-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates for such program) if funds under this part are used for children in high schools; (vii) in the case of a child with a disability, how such program meets the objectives of the individualized education program of the child, as described in section 614(d) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d) ); and (viii) information pertaining to parental rights that includes written guidance— (I) detailing the right that parents have to have their child immediately removed from such program upon their request; (II) detailing the options that parents have to decline to enroll their child in such program or to choose another program or method of instruction, if available; and (III) assisting parents in selecting among various programs and methods of instruction, if more than 1 program or method is offered by the eligible entity. (B) Special rule applicable during the school year For those children who have not been identified as English learners prior to the beginning of the school year but are identified as English learners during such school year, the local educational agency shall notify the children’s parents during the first 2 weeks of the child being placed in a language instruction educational program consistent with subparagraph (A). (C) Parental participation (i) In general Each local educational agency receiving funds under this part shall implement an effective means of outreach to parents of English learners to inform the parents regarding how the parents can— (I) be involved in the education of their children; and (II) be active participants in assisting their children to— (aa) attain English proficiency; (bb) achieve at high levels within a well-rounded education; and (cc) meet the challenging State academic standards expected of all students. (ii) Regular meetings Implementing an effective means of outreach to parents under clause (i) shall include holding, and sending notice of opportunities for, regular meetings for the purpose of formulating and responding to recommendations from parents of students assisted under this part or title III. (D) Basis for admission or exclusion A student shall not be admitted to, or excluded from, any federally assisted education program on the basis of a surname or language-minority status. (4) Notice and format The notice and information provided to parents under this subsection shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand. . 1007. Eligible school attendance areas Section 1113 ( 20 U.S.C. 6313 ) is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: (3) Ranking order (A) Ranking Except as provided in subparagraph (B), if funds allocated in accordance with subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall— (i) annually rank, without regard to grade spans, such agency’s eligible school attendance areas in which the concentration of children from low-income families exceeds 75 percent from highest to lowest according to the percentage of children from low-income families; and (ii) serve such eligible school attendance areas in rank order. (B) Exception A local educational agency may lower the threshold in subparagraph (A)(i) to 50 percent for high schools served by such agency. ; and (B) by striking paragraph (5) and inserting the following: (5) Measures (A) In general Except as provided in subparagraph (B), a local educational agency shall use the same measure of poverty, which measure shall be the number of children aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), the number of children in families receiving assistance under the State program funded under part A of title IV of the Social Security Act, or the number of children eligible to receive medical assistance under the Medicaid Program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— (i) to identify eligible school attendance areas; (ii) to determine the ranking of each area; and (iii) to determine allocations under subsection (c). (B) Secondary schools For measuring the number of students in low-income families in secondary schools, the local educational agency shall use the same measure of poverty, which shall be— (i) the measure described under subparagraph (A); or (ii) subject to meeting the conditions of subparagraph (C), an accurate estimate of the number of students in low-income families in a secondary school that is calculated by applying the average percentage of students in low-income families of the elementary school attendance areas as calculated under subparagraph (A) that feed into the secondary school to the number of students enrolled in such school. (C) Measure of poverty The local educational agency shall have the option to use the measure of poverty described in subparagraph (B)(ii) after— (i) conducting outreach to secondary schools within such agency to inform such schools of the option to use such measure; and (ii) a majority of such schools have approved the use of such measure. ; (2) in subsection (b)(1)(D)(i), by striking section 1120A(c) and inserting section 1118(c) ; and (3) in subsection (c)— (A) by striking paragraph (3) and inserting the following: (3) Reservation of funds (A) In general A local educational agency shall reserve such funds as are necessary under this part, determined in accordance with subparagraphs (B) and (C), to provide services comparable to those provided to children in schools funded under this part to serve— (i) homeless children and youths, including providing educationally related support services to children in shelters and other locations where children may live; (ii) children in local institutions for neglected children; and (iii) if appropriate, children in local institutions for delinquent children, and neglected or delinquent children in community day programs. (B) Method of determination The share of funds determined under subparagraph (A) shall be determined— (i) based on the total allocation received by the local educational agency; and (ii) prior to any allowable expenditures or transfers by the local educational agency. (C) Homeless children and youths Funds reserved under subparagraph (A)(i) may be— (i) determined based on a needs assessment of homeless children and youths in the local educational agency, taking into consideration the number and needs of homeless children and youths in the local educational agency, and which needs assessment may be the same needs assessment as conducted under section 723(b)(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11433(b)(1) ); and (ii) used to provide homeless children and youths with services not ordinarily provided to other students under this part, including providing— (I) funding for the liaison designated pursuant to section 722(g)(1)(J)(ii) of such Act ( 42 U.S.C. 11432(g)(1)(J)(ii) ); and (II) transportation pursuant to section 722(g)(1)(J)(iii) of such Act ( 42 U.S.C. 11432(g)(1)(J)(iii) ). ; (B) in paragraph (4), by striking school improvement, corrective action, and restructuring under section 1116(b) and inserting comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) ; and (C) by adding at the end the following: (5) Early childhood education A local educational agency may reserve funds made available to carry out this section to provide early childhood education programs for eligible children. . 1008. Schoolwide programs Section 1114 ( 20 U.S.C. 6314 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Use of funds for schoolwide programs (A) Eligibility A local educational agency may consolidate and use funds under this part, together with other Federal, State, and local funds, in order to upgrade the entire educational program of a school that serves an eligible school attendance area in which not less than 40 percent of the children are from low-income families, or not less than 40 percent of the children enrolled in the school are from such families. (B) Exception A school that serves an eligible school attendance area in which less than 40 percent of the children are from low-income families, or a school for which less than 40 percent of the children enrolled in the school are from such families, may operate a schoolwide program under this section if the school receives a waiver from the State educational agency to do so, after taking into account how a schoolwide program will best serve the needs of the students in the school served under this part in improving academic achievement and other factors. (2) Identification of students not required (A) In general No school participating in a schoolwide program shall be required to identify— (i) particular children under this part as eligible to participate in a schoolwide program; or (ii) individual services as supplementary. (B) Supplemental funds In accordance with the method of determination described in section 1118(b)(2), a school participating in a schoolwide program shall use funds available to carry out this section only to supplement the amount of funds that would, in the absence of funds under this part, be made available from non-Federal sources for the school, including funds needed to provide services that are required by law for children with disabilities and English learners. (3) Exemption from statutory and regulatory requirements (A) Exemption Except as provided in paragraph (2), the Secretary may, through publication of a notice in the Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other noncompetitive formula grant program administered by the Secretary (other than formula or discretionary grant programs under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), except as provided in section 613(a)(2)(D) of such Act ( 20 U.S.C. 1413(a)(2)(D) )), or any discretionary grant program administered by the Secretary, to support schoolwide programs if the intent and purposes of such other programs are met. (B) Requirements A school that chooses to use funds from such other programs shall not be relieved of the requirements relating to health, safety, civil rights, student and parental participation and involvement, services to private school children, comparability of services, maintenance of effort, uses of Federal funds to supplement, not supplant non-Federal funds (in accordance with the method of determination described in section 1118(b)(2)), or the distribution of funds to State educational agencies or local educational agencies that apply to the receipt of funds from such programs. (C) Records A school that chooses to consolidate and use funds from different Federal programs under this section shall not be required to maintain separate fiscal accounting records, by program, that identify the specific activities supported by those particular funds as long as the school maintains records that demonstrate that the schoolwide program, considered as a whole, addresses the intent and purposes of each of the Federal programs that were consolidated to support the schoolwide program. ; (2) by striking subsection (b) and inserting the following: (b) Schoolwide program plan An eligible school operating a schoolwide program shall develop a comprehensive plan (or amend a plan for such a program that was in existence on the day before the date of the enactment of the Every Student Succeeds Act) that— (1) is developed during a 1-year period, unless— (A) the local educational agency determines, in consultation with the school, that less time is needed to develop and implement the schoolwide program; or (B) the school is operating a schoolwide program on the day before the date of the enactment of the Every Student Succeeds Act, in which case such school may continue to operate such program, but shall develop amendments to its existing plan during the first year of assistance after that date to reflect the provisions of this section; (2) is developed with the involvement of parents and other members of the community to be served and individuals who will carry out such plan, including teachers, principals, other school leaders, paraprofessionals present in the school, administrators (including administrators of programs described in other parts of this title), the local educational agency, to the extent feasible, tribes and tribal organizations present in the community, and, if appropriate, specialized instructional support personnel, technical assistance providers, school staff, if the plan relates to a secondary school, students, and other individuals determined by the school; (3) remains in effect for the duration of the school's participation under this part, except that the plan and its implementation shall be regularly monitored and revised as necessary based on student needs to ensure that all students are provided opportunities to meet the challenging State academic standards; (4) is available to the local educational agency, parents, and the public, and the information contained in such plan shall be in an understandable and uniform format and, to the extent practicable, provided in a language that the parents can understand; and (5) if appropriate and applicable, is developed in coordination and integration with other Federal, State, and local services, resources, and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); (6) is based on a comprehensive needs assessment of the entire school that takes into account information on the academic achievement of children in relation to the challenging State academic standards, particularly the needs of those children who are failing, or are at-risk of failing, to meet the challenging State academic standards and any other factors as determined by the local educational agency; and (7) includes a description of— (A) the strategies that the school will be implementing to address school needs, including a description of how such strategies will— (i) provide opportunities for all children, including each of the subgroups of students (as defined in section 1111(c)(2)) to meet the challenging State academic standards; (ii) use methods and instructional strategies that strengthen the academic program in the school, increase the amount and quality of learning time, and help provide an enriched and accelerated curriculum, which may include programs, activities, and courses necessary to provide a well-rounded education; and (iii) address the needs of all children in the school, but particularly the needs of those at risk of not meeting the challenging State academic standards, through activities which may include— (I) counseling, school-based mental health programs, specialized instructional support services, mentoring services, and other strategies to improve students’ skills outside the academic subject areas; (II) preparation for and awareness of opportunities for postsecondary education and the workforce, which may include career and technical education programs and broadening secondary school students’ access to coursework to earn postsecondary credit while still in high school (such as Advanced Placement, International Baccalaureate, dual or concurrent enrollment, or early college high schools); (III) implementation of a schoolwide tiered model to prevent and address problem behavior, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (IV) professional development and other activities for teachers, paraprofessionals, and other school personnel to improve instruction and use of data from academic assessments, and to recruit and retain effective teachers, particularly in high-need subjects; and (V) strategies for assisting preschool children in the transition from early childhood education programs to local elementary school programs; and (B) if programs are consolidated, the specific State educational agency and local educational agency programs and other Federal programs that will be consolidated in the schoolwide program. ; (3) by striking subsection (c) and inserting the following: (c) Preschool programs A school that operates a schoolwide program under this section may use funds available under this part to establish or enhance preschool programs for children who are under 6 years of age. (d) Delivery of services The services of a schoolwide program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement. (e) Use of funds for dual or concurrent enrollment programs (1) In general A secondary school operating a schoolwide program under this section may use funds received under this part to operate dual or concurrent enrollment programs that address the needs of low-achieving secondary school students and those at risk of not meeting the challenging State academic standards. (2) Flexibility of funds A secondary school using funds received under this part for a dual or concurrent enrollment program described in paragraph (1) may use such funds for any of the costs associated with such program, including the costs of— (A) training for teachers, and joint professional development for teachers in collaboration with career and technical educators and educators from institutions of higher education, where appropriate, for the purpose of integrating rigorous academics in such program; (B) tuition and fees, books, required instructional materials for such program, and innovative delivery methods; and (C) transportation to and from such program. (3) Rule of construction Nothing in this subsection shall be construed to impose on any State any requirement or rule regarding dual or concurrent enrollment programs that is inconsistent with State law. . 1009. Targeted assistance schools Section 1115 ( 20 U.S.C. 6315 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general In all schools selected to receive funds under section 1113(c) that are ineligible for a schoolwide program under section 1114, have not received a waiver under section 1114(a)(1)(B) to operate such a schoolwide program, or choose not to operate such a schoolwide program, a local educational agency serving such school may use funds received under this part only for programs that provide services to eligible children under subsection (c) identified as having the greatest need for special assistance. ; (2) by redesignating subsections (b) and (c) as subsections (c) and (b), respectively, and moving those redesignated subsections so as to appear in alphabetical order; (3) by striking subsection (b), as redesignated by paragraph (2), and inserting the following: (b) Targeted assistance school program To assist targeted assistance schools and local educational agencies to meet their responsibility to provide for all their students served under this part the opportunity to meet the challenging State academic standards, each targeted assistance program under this section shall— (1) determine which students will be served; (2) serve participating students identified as eligible children under subsection (c), including by— (A) using resources under this part to help eligible children meet the challenging State academic standards, which may include programs, activities, and academic courses necessary to provide a well-rounded education; (B) using methods and instructional strategies to strengthen the academic program of the school through activities, which may include— (i) expanded learning time, before- and after-school programs, and summer programs and opportunities; and (ii) a schoolwide tiered model to prevent and address behavior problems, and early intervening services, coordinated with similar activities and services carried out under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); (C) coordinating with and supporting the regular education program, which may include services to assist preschool children in the transition from early childhood education programs such as Head Start, the literacy program under subpart 2 of part B of title II, or State-run preschool programs to elementary school programs; (D) providing professional development with resources provided under this part, and, to the extent practicable, from other sources, to teachers, principals, other school leaders, paraprofessionals, and, if appropriate, specialized instructional support personnel, and other school personnel who work with eligible children in programs under this section or in the regular education program; (E) implementing strategies to increase the involvement of parents of eligible children in accordance with section 1116; and (F) if appropriate and applicable, coordinating and integrating Federal, State, and local services and programs, such as programs supported under this Act, violence prevention programs, nutrition programs, housing programs, Head Start programs, adult education programs, career and technical education programs, and comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); and (G) provide to the local educational agency assurances that the school will— (i) help provide an accelerated, high-quality curriculum; (ii) minimize the removal of children from the regular classroom during regular school hours for instruction provided under this part; and (iii) on an ongoing basis, review the progress of eligible children and revise the targeted assistance program under this section, if necessary, to provide additional assistance to enable such children to meet the challenging State academic standards. ; (4) in subsection (c), as redesignated by paragraph (2)— (A) in paragraph (1)(B)— (i) by striking the State's challenging student academic achievement standards and inserting the challenging State academic standards ; and (ii) by striking such criteria as teacher judgment, interviews with parents, and developmentally appropriate measures and inserting criteria, including objective criteria, established by the local educational agency and supplemented by the school ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking limited English proficient children and inserting English learners ; (ii) in subparagraph (B)— (I) by striking the heading and inserting head start and preschool children ; and (II) by striking Head Start, Even Start, or Early Reading First program, and inserting Head Start program, the literacy program under subpart 2 of part B of title II, ; and (iii) in subparagraph (C), by striking the heading and inserting migrant children ; (5) in subsection (e)— (A) in paragraph (2)(B)— (i) by striking and at the end of clause (ii); (ii) by redesignating clause (iii) as clause (v); and (iii) by inserting after clause (ii) the following new clauses: (iii) family support and engagement services; (iv) integrated student supports; and ; and (iv) in clause (v), as redesignated by clause (iii), by striking pupil services and inserting specialized instructional support ; and (B) by striking paragraph (3); and (6) by adding at the end the following: (f) Use of funds for dual or concurrent enrollment programs A secondary school operating a targeted assistance program under this section may use funds received under this part to provide dual or concurrent enrollment program services described under section 1114(e) to eligible children under subsection (c)(1)(B) who are identified as having the greatest need for special assistance. (g) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require a local educational agency or school to submit the results of a comprehensive needs assessment or plan under section 1114(b), or a program described in subsection (b), for review or approval by the Secretary. (h) Delivery of services The services of a targeted assistance program under this section may be delivered by nonprofit or for-profit external providers with expertise in using evidence-based or other effective strategies to improve student achievement. . 1010. Parent and family engagement Section 1116, as redesignated by section 1000(2), is amended— (1) in the section heading, by striking Parental involvement and inserting Parent and family engagement ; (2) in subsection (a)— (A) in paragraph (1)— (i) by inserting conducts outreach to all parents and family members and after only if such agency ; and (ii) by inserting and family members after and procedures for the involvement of parents ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by inserting and family members after , and distribute to, parents ; (II) by striking written parent involvement policy and inserting written parent and family engagement policy ; and (III) by striking expectations for parent involvement and inserting expectations and objectives for meaningful parent and family involvement ; and (ii) by striking subparagraphs (A) through (F) and inserting the following: (A) involve parents and family members in jointly developing the local educational agency plan under section 1112, and the development of support and improvement plans under paragraphs (1) and (2) of section 1111(d). (B) provide the coordination, technical assistance, and other support necessary to assist and build the capacity of all participating schools within the local educational agency in planning and implementing effective parent and family involvement activities to improve student academic achievement and school performance, which may include meaningful consultation with employers, business leaders, and philanthropic organizations, or individuals with expertise in effectively engaging parents and family members in education; (C) coordinate and integrate parent and family engagement strategies under this part with parent and family engagement strategies, to the extent feasible and appropriate, with other relevant Federal, State, and local laws and programs; (D) conduct, with the meaningful involvement of parents and family members, an annual evaluation of the content and effectiveness of the parent and family engagement policy in improving the academic quality of all schools served under this part, including identifying— (i) barriers to greater participation by parents in activities authorized by this section (with particular attention to parents who are economically disadvantaged, are disabled, have limited English proficiency, have limited literacy, or are of any racial or ethnic minority background); (ii) the needs of parents and family members to assist with the learning of their children, including engaging with school personnel and teachers; and (iii) strategies to support successful school and family interactions; (E) use the findings of such evaluation in subparagraph (D) to design evidence-based strategies for more effective parental involvement, and to revise, if necessary, the parent and family engagement policies described in this section; and (F) involve parents in the activities of the schools served under this part, which may include establishing a parent advisory board comprised of a sufficient number and representative group of parents or family members served by the local educational agency to adequately represent the needs of the population served by such agency for the purposes of developing, revising, and reviewing the parent and family engagement policy. ; and (C) in paragraph (3)— (i) by striking subparagraph (A) and inserting the following: (A) In general Each local educational agency shall reserve at least 1 percent of its allocation under subpart 2 to assist schools to carry out the activities described in this section, except that this subparagraph shall not apply if 1 percent of such agency's allocation under subpart 2 for the fiscal year for which the determination is made is $5,000 or less. Nothing in this subparagraph shall be construed to limit local educational agencies from reserving more than 1 percent of its allocation under subpart 2 to assist schools to carry out activities described in this section. ; (ii) in subparagraph (B), by striking (B) Parental input .—Parents of children and inserting (B) Parent and family member input .—Parents and family members of children ; (iii) in subparagraph (C)— (I) by striking 95 percent and inserting 90 percent ; and (II) by inserting , with priority given to high-need schools after schools served under this part ; and (iv) by adding at the end the following: (D) Use of funds Funds reserved under subparagraph (A) by a local educational agency shall be used to carry out activities and strategies consistent with the local educational agency’s parent and family engagement policy, including not less than 1 of the following: (i) Supporting schools and nonprofit organizations in providing professional development for local educational agency and school personnel regarding parent and family engagement strategies, which may be provided jointly to teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, early childhood educators, and parents and family members. (ii) Supporting programs that reach parents and family members at home, in the community, and at school. (iii) Disseminating information on best practices focused on parent and family engagement, especially best practices for increasing the engagement of economically disadvantaged parents and family members. (iv) Collaborating, or providing subgrants to schools to enable such schools to collaborate, with community-based or other organizations or employers with a record of success in improving and increasing parent and family engagement. (v) Engaging in any other activities and strategies that the local educational agency determines are appropriate and consistent with such agency’s parent and family engagement policy. ; (3) in subsection (b)— (A) in the subsection heading, by striking parental involvement policy and inserting parent and family engagement policy ; (B) in paragraph (1)— (i) by inserting and family members after distribute to, parents ; and (ii) by striking written parental involvement policy and inserting written parent and family engagement policy ; (C) in paragraph (2)— (i) by striking parental involvement policy and inserting parent and family engagement policy ; and (ii) by inserting and family members after that applies to all parents ; and (D) in paragraph (3)— (i) by striking parental involvement policy and inserting parent and family engagement policy ; and (ii) by inserting and family members in all schools served by the local educational agency after policy that applies to all parents ; (4) in subsection (c)— (A) in paragraph (3)— (i) by striking parental involvement policy and inserting parent and family engagement policy ; and (ii) by striking 1114(b)(2) and inserting 1114(b) ; (B) in paragraph (4)(B), by striking the proficiency levels students are expected to meet and inserting the achievement levels of the challenging State academic standards ; and (C) in paragraph (5), by striking 1114(b)(2) and inserting 1114(b) ; (5) in subsection (d)— (A) in the matter preceding paragraph (1), by striking parental involvement policy and inserting parent and family engagement policy ; (B) in paragraph (1)— (i) by striking the State’s student academic achievement standards and inserting the challenging State academic standards ; and (ii) by striking , such as monitoring attendance, homework completion, and television watching ; and (C) in paragraph (2)— (i) in subparagraph (B), by striking and after the semicolon; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) ensuring regular two-way, meaningful communication between family members and school staff, and, to the extent practicable, in a language that family members can understand. ; (6) in subsection (e)— (A) in paragraph (1), by striking the State’s academic content standards and State student academic achievement standards and inserting the challenging State academic standards ; (B) in paragraph (2), by striking technology and inserting technology (including education about the harms of copyright piracy) ; (C) in paragraph (3), by striking pupil services personnel, principals and inserting specialized instructional support personnel, principals, and other school leaders ; and (D) in paragraph (4), by striking Head Start, Reading First, Early Reading First, Even Start, the Home Instruction Programs for Preschool Youngsters, the Parents as Teachers Program, and public preschool and other programs, and inserting other Federal, State, and local programs, including public preschool programs, ; (7) by striking subsection (f) and inserting the following: (f) Accessibility In carrying out the parent and family engagement requirements of this part, local educational agencies and schools, to the extent practicable, shall provide opportunities for the informed participation of parents and family members (including parents and family members who have limited English proficiency, parents and family members with disabilities, and parents and family members of migratory children), including providing information and school reports required under section 1111 in a format and, to the extent practicable, in a language such parents understand. ; (8) by striking subsection (g) and inserting the following: (g) Family engagement in education programs In a State operating a program under part E of title IV, each local educational agency or school that receives assistance under this part shall inform parents and organizations of the existence of the program. ; and (9) in subsection (h), by striking parental involvement policies and inserting parent and family engagement policies . 1011. Participation of children enrolled in private schools Section 1117, as redesignated by section 1000(3), is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general To the extent consistent with the number of eligible children identified under section 1115(c) in the school district served by a local educational agency who are enrolled in private elementary schools and secondary schools, a local educational agency shall— (A) after timely and meaningful consultation with appropriate private school officials, provide such children, on an equitable basis and individually or in combination, as requested by the officials to best meet the needs of such children, special educational services, instructional services (including evaluations to determine the progress being made in meeting such students’ academic needs), counseling, mentoring, one-on-one tutoring, or other benefits under this part (such as dual or concurrent enrollment, educational radio and television, computer equipment and materials, other technology, and mobile educational services and equipment) that address their needs; and (B) ensure that teachers and families of the children participate, on an equitable basis, in services and activities developed pursuant to section 1116. ; (B) by striking paragraph (3) and inserting the following: (3) Equity (A) In general Educational services and other benefits for such private school children shall be equitable in comparison to services and other benefits for public school children participating under this part, and shall be provided in a timely manner. (B) Ombudsman To help ensure such equity for such private school children, teachers, and other educational personnel, the State educational agency involved shall designate an ombudsman to monitor and enforce the requirements of this part. ; (C) by striking paragraph (4) and inserting the following: (4) Expenditures (A) Determination (i) In general Expenditures for educational services and other benefits to eligible private school children shall be equal to the proportion of funds allocated to participating school attendance areas based on the number of children from low-income families who attend private schools. (ii) Proportional share The proportional share of funds shall be determined based on the total amount of funds received by the local educational agency under this part prior to any allowable expenditures or transfers by the local educational agency. (B) Obligation of funds Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency. (C) Notice of allocation Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this part that the local educational agencies have determined are available for eligible private school children. (D) Term of determination The local educational agency may determine the equitable share under subparagraph (A) each year or every 2 years. ; and (D) in paragraph (5), by striking agency and inserting agency, or, in a case described in subsection (b)(6)(C), the State educational agency involved, ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking part, and inserting part. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, the results of which agreement shall be transmitted to the ombudsman designated under subsection (a)(3)(B). Such process shall include consultation ; (ii) in subparagraph (E)— (I) by striking and before the proportion of funds ; (II) by striking (a)(4) and inserting (a)(4)(A) ; and (III) by inserting , and how that proportion of funds is determined after such services ; (iii) in subparagraph (G), by striking and after the semicolon; (iv) in subparagraph (H), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following: (I) whether the agency shall provide services directly or through a separate government agency, consortium, entity, or third-party contractor; (J) whether to provide equitable services to eligible private school children— (i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(A) based on all the children from low-income families in a participating school attendance area who attend private schools; or (ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(A) based on the number of children from low-income families who attend private schools; (K) when, including the approximate time of day, services will be provided; and (L) whether to consolidate and use funds provided under subsection (a)(4) in coordination with eligible funds available for services to private school children under applicable programs, as defined in section 8501(b)(1)to provide services to eligible private school children participating in programs. ; (B) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (C) by inserting after paragraph (1) the following: (2) Disagreement If a local educational agency disagrees with the views of private school officials with respect to an issue described in paragraph (1), the local educational agency shall provide in writing to such private school officials the reasons why the local educational agency disagrees. ; (D) in paragraph (5) (as redesignated by subparagraph (B))— (i) by inserting meaningful before consultation in the first sentence; (ii) by inserting The written affirmation shall provide the option for private school officials to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. after occurred. ; and (iii) by striking has taken place and inserting has, or attempts at such consultation have, taken place ; and (E) in paragraph (6) (as redesignated by subparagraph (B))— (i) in subparagraph (A)— (I) by striking right to complain to and inserting right to file a complaint with ; (II) by inserting asserting after State educational agency ; (III) by striking or before did not give due consideration ; and (IV) by inserting , or did not make a decision that treats the private school students equitably as required by this section before the period at the end; (ii) in subparagraph (B), by striking to complain, and inserting to file a complaint, ; and (iii) by adding at the end the following: (C) State educational agencies A State educational agency shall provide services under this section directly or through contracts with public or private agencies, organizations, or institutions, if the appropriate private school officials have— (i) requested that the State educational agency provide such services directly; and (ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency. ; (3) in subsection (c)(2), by striking section 9505 and inserting section 8503 ; and (4) in subsection (e)(2), by striking sections 9503 and 9504 and inserting sections 8503 and 8504 . 1012. Supplement, not supplant Section 1118, as redesignated by section 1000(4), is amended— (1) in subsection (a), by striking section 9521 and inserting section 8521 ; and (2) by striking subsection (b) and inserting the following: (b) Federal funds To supplement, not supplant, non-Federal funds (1) In general A State educational agency or local educational agency shall use Federal funds received under this part only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the education of students participating in programs assisted under this part, and not to supplant such funds. (2) Compliance To demonstrate compliance with paragraph (1), a local educational agency shall demonstrate that the methodology used to allocate State and local funds to each school receiving assistance under this part ensures that such school receives all of the State and local funds it would otherwise receive if it were not receiving assistance under this part. (3) Special rule No local educational agency shall be required to— (A) identify that an individual cost or service supported under this part is supplemental; or (B) provide services under this part through a particular instructional method or in a particular instructional setting in order to demonstrate such agency’s compliance with paragraph (1). (4) Prohibition Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate State and local funds to each school receiving assistance under this part. (5) Timeline A local educational agency— (A) shall meet the compliance requirement under paragraph (2) not later than 2 years after the date of enactment of the Every Student Succeeds Act ; and (B) may demonstrate compliance with the requirement under paragraph (1) before the end of such 2-year period using the method such local educational agency used on the day before the date of enactment of the Every Student Succeeds Act . . 1013. Coordination requirements Section 1119, as redesignated by section 1000(5), is amended— (1) in subsection (a)— (A) by striking such as the Early Reading First program ; and (B) by adding at the end the following new sentence: Each local educational agency shall develop agreements with such Head Start agencies and other entities to carry out such activities. ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking early childhood development programs, such as the Early Reading First program, and inserting early childhood education programs ; (B) in paragraph (1), by striking early childhood development program such as the Early Reading First program and inserting early childhood education program ; (C) in paragraph (2), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs ; (D) in paragraph (3), by striking early childhood development programs such as the Early Reading First program and inserting early childhood education programs ; (E) in paragraph (4)— (i) by striking Early Reading First program staff, ; and (ii) by striking early childhood development program and inserting early childhood education program ; and (F) in paragraph (5), by striking and entities carrying out Early Reading First programs . 1014. Grants for the outlying areas and the Secretary of the Interior Section 1121 ( 20 U.S.C. 6331 ) is amended to read as follows: 1121. Grants for the outlying areas and the Secretary of the Interior (a) Reservation of funds Subject to subsection (e), from the amount appropriated for payments to States for any fiscal year under section 1002(a), the Secretary shall— (1) reserve 0.4 percent to provide assistance to the outlying areas in accordance with subsection (b); and (2) reserve 0.7 percent to provide assistance to the Secretary of the Interior in accordance with subsection (d). (b) Assistance to outlying areas (1) Funds reserved From the amount made available for any fiscal year under subsection (a)(1), the Secretary shall— (A) first reserve $1,000,000 for the Republic of Palau, until Palau enters into an agreement for extension of United States educational assistance under the Compact of Free Association, and subject to such terms and conditions as the Secretary may establish, except that Public Law 95–134 , permitting the consolidation of grants, shall not apply; and (B) use the remaining funds to award grants to the outlying areas in accordance with paragraphs (2) through (5). (2) Amount of grants The Secretary shall allocate the amount available under paragraph (1)(B) to the outlying areas in proportion to their relative numbers of children, aged 5 to 17, inclusive, from families below the poverty level, on the basis of the most recent satisfactory data available from the Department of Commerce. (3) Hold-harmless amounts For each fiscal year, the amount made available to each outlying area under this subsection shall be— (A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted under paragraph (2) is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the outlying area; (B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and (C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. (4) Ratable reductions If the amount made available under paragraph (1)(B) for any fiscal year is insufficient to pay the full amounts that the outlying areas are eligible to receive under paragraphs (2) and (3) for that fiscal year, the Secretary shall ratably reduce those amounts. (5) Uses Grant funds awarded under paragraph (1)(A) may be used only— (A) for programs described in this Act, including teacher training, curriculum development, instructional materials, or general school improvement and reform; and (B) to provide direct educational services that assist all students with meeting the challenging State academic standards. (c) Definitions For the purpose of this section, the term outlying area means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (d) Allotment to the secretary of the interior (1) In general The amount allotted for payments to the Secretary of the Interior under subsection (a)(2) for any fiscal year shall be used, in accordance with such criteria as the Secretary may establish, to meet the unique educational needs of— (A) Indian children on reservations served by elementary schools and secondary schools for Indian children operated or supported by the Department of the Interior; and (B) out-of-State Indian children in elementary schools and secondary schools in local educational agencies under special contracts with the Department of the Interior. (2) Payments From the amount allotted for payments to the Secretary of the Interior under subsection (a)(2), the Secretary of the Interior shall make payments to local educational agencies, on such terms as the Secretary determines will best carry out the purposes of this part, with respect to out-of-State Indian children described in paragraph (1). The amount of such payment may not exceed, for each such child, the greater of— (A) 40 percent of the average per-pupil expenditure in the State in which the agency is located; or (B) 48 percent of such expenditure in the United States. (e) Limitation on applicability If, by reason of the application of subsection (a) for any fiscal year, the total amount available for allocation to all States under this part would be less than the amount allocated to all States for fiscal year 2016 under this part, the Secretary shall provide assistance to the outlying areas and the Secretary of the Interior in accordance with this section, as in effect on the day before the date of enactment of the Every Student Succeeds Act. . 1015. Allocations to States Section 1122(a) ( 20 U.S.C. 6332(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 2002–2007 and inserting 2017–2020 ; and (2) by striking paragraph (3) and inserting the following: (3) an amount equal to 100 percent of the amount, if any, by which the total amount made available under this subsection for the current fiscal year for which the determination is made exceeds the total amount available to carry out sections 1124 and 1124A for fiscal year 2001 shall be used to carry out sections 1125 and 1125A and such amount shall be divided equally between sections 1125 and 1125A. . 1016. Adequacy of funding rule Section 1125AA ( 20 U.S.C. 6336 ) is amended by striking the section heading and all that follows through Pursuant and inserting the following: Adequacy of Funding to Local Educational Agencies in Fiscal Years After Fiscal Year 2001 .—Pursuant . 1017. Education finance incentive grant program Section 1125A ( 20 U.S.C. 6337 ) is amended— (1) in subsection (a), by striking funds appropriated under subsection (f) and inserting funds made available under section 1122(a) ; (2) in subsection (b)(1)— (A) in subparagraph (A), by striking appropriated pursuant to subsection (f) and inserting made available for any fiscal year to carry out this section ; and (B) in subparagraph (B)(i), by striking total appropriations and inserting the total amount reserved under section 1122(a) to carry out this section ; (3) in subsection (c), by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (4) in subsection (d)(1)(A)(ii), by striking clause “(i) and inserting clause (i) ; (5) by striking subsection (e) and inserting the following: (e) Maintenance of effort (1) In general A State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that the State’s fiscal effort per student or the aggregate expenditures of the State with respect to the provision of free public education by the State for the preceding fiscal year was not less than 90 percent of the fiscal effort or aggregate expenditures for the second preceding fiscal year, subject to the requirements of paragraph (2). (2) Reduction in case of failure to meet (A) In general The Secretary shall reduce the amount of the allotment of funds under this section for any fiscal year in the exact proportion by which a State fails to meet the requirement of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), if such State has also failed to meet such requirement (as determined using the measure most favorable to the State) for 1 or more of the 5 immediately preceding fiscal years. (B) Special rule No such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) Waiver The Secretary may waive the requirements of this subsection if the Secretary determines that a waiver would be equitable due to— (A) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (B) a precipitous decline in the financial resources of the State. ; (6) by striking subsection (f); (7) by redesignating subsection (g) as subsection (f); and (8) in subsection (f), as redesignated by paragraph (7)— (A) in paragraph (1), by striking under this section and inserting to carry out this section ; and (B) in paragraph (3), in the matter preceding subparagraph (A), by striking shall be and inserting shall be— . B State assessment grants 1201. State assessment grants Part B of title I ( 20 U.S.C. 6361 et seq. ) is amended to read as follows: B State assessment grants 1201. Grants for State assessments and related activities (a) Grants authorized From amounts made available in accordance with section 1203, the Secretary shall make grants to State educational agencies to enable the States to carry out 1 or more of the following: (1) To pay the costs of the development of the State assessments and standards adopted under section 1111(b), which may include the costs of working in voluntary partnerships with other States, at the sole discretion of each such State. (2) If a State has developed the assessments adopted under section 1111(b), to administer those assessments or to carry out other assessment activities described in this part, such as the following: (A) Ensuring the provision of appropriate accommodations available to English learners and children with disabilities to improve the rates of inclusion in regular assessments of such children, including professional development activities to improve the implementation of such accommodations in instructional practice. (B) Developing challenging State academic standards and aligned assessments in academic subjects for which standards and assessments are not required under section 1111(b). (C) Developing or improving assessments for English learners, including assessments of English language proficiency as required under section 1111(b)(2)(G) and academic assessments in languages other than English to meet the State’s obligations under section 1111(b)(2)(F). (D) Ensuring the continued validity and reliability of State assessments. (E) Refining State assessments to ensure their continued alignment with the challenging State academic standards and to improve the alignment of curricula and instructional materials. (F) Developing or improving balanced assessment systems that include summative, interim, and formative assessments, including supporting local educational agencies in developing or improving such assessments. (G) At the discretion of the State, refining science assessments required under section 1111(b)(2) in order to integrate engineering design skills and practices into such assessments. (H) Developing or improving models to measure and assess student progress or student growth on State assessments under section 1111(b)(2) and other assessments not required under section 1111(b)(2). (I) Developing or improving assessments for children with disabilities, including alternate assessments aligned to alternate academic achievement standards for students with the most significant cognitive disabilities described in section 1111(b)(2)(D), and using the principles of universal design for learning. (J) Allowing for collaboration with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for such assessments described in section 1111(b)(2). (K) Measuring student academic achievement using multiple measures of student academic achievement from multiple sources. (L) Evaluating student academic achievement through the development of comprehensive academic assessment instruments (such as performance and technology-based academic assessments, computer adaptive assessments, projects, or extended performance task assessments) that emphasize the mastery of standards and aligned competencies in a competency-based education model. (M) Designing the report cards and reports under section 1111(h) in an easily accessible, user friendly-manner that cross-tabulates student information by any category the State determines appropriate, as long as such cross-tabulation— (i) does not reveal personally identifiable information about an individual student; and (ii) is derived from existing State and local reporting requirements. (b) Rule of construction Nothing in subsection (a)(2)(M) shall be construed as authorizing, requiring, or allowing any additional reporting requirements, data elements, or information to be reported to the Secretary unless such reporting, data, or information is explicitly authorized under this Act. (c) Annual report Each State educational agency receiving a grant under this section shall submit an annual report to the Secretary describing the State's activities under the grant and the result of such activities. 1202. State option to conduct assessment system audit (a) In general From the amount reserved under section 1203(a)(3) for a fiscal year, the Secretary shall make grants to States to enable the States to— (1) in the case of a grant awarded under this section to a State for the first time— (A) audit State assessment systems and ensure that local educational agencies audit local assessments under subsection (e)(1); (B) execute the State plan under subsection (e)(3)(D); and (C) award subgrants under subsection (f); and (2) in the case of a grant awarded under this section to a State that has previously received a grant under this section— (A) execute the State plan under subsection (e)(3)(D); and (B) award subgrants under subsection (f). (b) Minimum amount Each State that receives a grant under this section shall receive an annual grant amount of not less than $1,500,000. (c) Reallocation If a State chooses not to apply for a grant under this section, the Secretary shall reallocate such grant amount to other States in accordance with the formula described in section 1203(a)(4)(B). (d) Application A State desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. The application shall include a description of— (1) in the case of a State that is receiving a grant under this section for the first time— (A) the audit the State will carry out under subsection (e)(1); and (B) the stakeholder feedback the State will seek in designing such audit; (2) in the case of a State that is not receiving a grant under this section for the first time, the plan described in subsection (e)(3)(D); and (3) how the State will award subgrants to local educational agencies under subsection (f). (e) Audits of State assessment systems and local assessments (1) Audit requirements Not later than 1 year after the date a State receives an initial grant under this section, the State shall— (A) conduct a State assessment system audit as described in paragraph (3); (B) ensure that each local educational agency receiving funds under this section— (i) conducts an audit of local assessments administered by the local educational agency as described in paragraph (4); and (ii) submits the results of such audit to the State; and (C) report the results of each State and local educational agency audit conducted under subparagraphs (A) and (B), in a format that is widely accessible and publicly available. (2) Resources for local educational agencies In carrying out paragraph (1)(B), each State shall provide local educational agencies with resources, such as guidelines and protocols, to assist in conducting and reporting audit results. (3) State assessment system description Each State assessment system audit conducted under paragraph (1)(A) shall include— (A) the schedule for the administration of all State assessments; (B) for each State assessment— (i) the purpose for which the assessment was designed and the purpose for which the assessment is used; and (ii) the legal authority for the administration of the assessment; (C) feedback on such system from stakeholders, which shall include information such as— (i) how teachers, principals, other school leaders, and administrators use assessment data to improve and differentiate instruction; (ii) the timing of release of assessment data; (iii) the extent to which assessment data is presented in an accessible and understandable format for all stakeholders; (iv) the opportunities, resources, and training teachers, principals, other school leaders, and administrators are given to review assessment results and make effective use of assessment data; (v) the distribution of technological resources and personnel necessary to administer assessments; (vi) the amount of time teachers spend on assessment preparation and administration; (vii) the assessments that administrators, teachers, principals, other school leaders, parents, and students, if appropriate, do and do not find useful; and (viii) other information as appropriate; and (D) a plan, based on the information gathered as a result of the activities described in subparagraphs (A), (B), and (C), to improve and streamline the State assessment system, including activities such as— (i) eliminating any unnecessary assessments, which may include paying the cost associated with terminating procurement contracts; (ii) supporting the dissemination of best practices from local educational agencies or other States that have successfully improved assessment quality and efficiency to improve teaching and learning; and (iii) supporting local educational agencies or consortia of local educational agencies to carry out efforts to streamline local assessment systems and implement a regular process of review and evaluation of assessment use in local educational agencies. (4) Local assessment description An audit of local assessments conducted in accordance with paragraph (1)(B)(i) shall include the same information described in paragraph (3) that is required of a State audit, except that such information shall be included as applicable to the local educational agency and the local assessments. (f) Subgrants to local educational agencies (1) In general Each State shall reserve not less than 20 percent of the grant funds awarded to the State under this section to make subgrants to local educational agencies in the State or consortia of such local educational agencies, based on demonstrated need in the agency's or consortium's application, to enable such agencies or consortia to improve assessment quality and use, and alignment, including, if applicable, alignment to the challenging State academic standards. (2) Local educational agency application Each local educational agency, or consortium of local educational agencies, seeking a subgrant under this subsection shall submit an application to the State at such time, in such manner, and containing such other information as determined necessary by the State. The application shall include a description of the agency's or consortium's needs relating to the improvement of assessment quality, use, and alignment. (3) Use of funds A subgrant awarded under this subsection to a local educational agency or consortium of such agencies may be used to— (A) conduct an audit of local assessments under subsection (e)(1)(B)(i); (B) carry out the plan described in subsection (e)(3)(D) as it pertains to such agency or consortium; (C) improve assessment delivery systems and schedules, including by increasing access to technology and assessment proctors, where appropriate; (D) hire instructional coaches, or promote teachers who may receive increased compensation to serve as instructional coaches, to support teachers in the development of classroom-based assessments, interpreting assessment data, and designing instruction; (E) provide for appropriate accommodations to maximize inclusion of children with disabilities and English learners participating in assessments; and (F) improve the capacity of teachers, principals, and other school leaders to disseminate assessment data in an accessible and understandable format for parents and families, including for children with disabilities and English learners. (g) Definitions In this section: (1) Local assessment The term local assessment means an academic assessment selected and carried out by a local educational agency that is separate from an assessment required under section 1111(b)(2). (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 1203. Allotment of appropriated funds (a) Amounts equal to or less than trigger amount From amounts made available for each fiscal year under subsection 1002(b) that are equal to or less than the amount described in section 1111(b)(2)(I), the Secretary shall— (1) reserve one-half of 1 percent for the Bureau of Indian Education; (2) reserve one-half of 1 percent for the outlying areas; (3) reserve not more than 20 percent to carry out section 1202; and (4) from the remainder, carry out section 1201 by allocating to each State an amount equal to— (A) $3,000,000, except for a fiscal year for which the amounts available are insufficient to allocate such amount to each State, the Secretary shall ratably reduce such amount for each State; and (B) with respect to any amounts remaining after the allocation under subparagraph (A), an amount that bears the same relationship to such total remaining amounts as the number of students aged 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (b) Amounts above trigger amount For any fiscal year for which the amount made available for a fiscal year under subsection 1002(b) exceeds the amount described in section 1111(b)(2)(I), the Secretary shall make such excess amount available as follows: (1) Competitive grants (A) In General The Secretary shall first use such funds to award grants, on a competitive basis, to State educational agencies or consortia of State educational agencies that have submitted applications described in subparagraph (B) to enable such States to carry out the activities described in subparagraphs (C), (H), (I), (J), (K), and (L) of section 1201(a)(2). (B) Applications A State, or a consortium of States, that desires a competitive grant under subparagraph (A) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall demonstrate that the requirements of this section will be met for the uses of funds described under subparagraph (A). (C) Amount of competitive grants In determining the amount of a grant under subparagraph (A), the Secretary shall ensure that a State or consortium's grant, as the case may be, shall include an amount that bears the same relationship to the total funds available to carry out this subsection for the fiscal year as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in each State that comprises the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (2) Allotments Any amounts remaining after the Secretary awards funds under paragraph (1) shall be allotted to each State, or consortium of States, that did not receive a grant under such paragraph, in an amount that bears the same relationship to the remaining amounts as the number of students aged 5 through 17 in the State, or, in the case of a consortium, in the States of the consortium, (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. (c) State defined In this part, the term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (d) Prohibition In making funds available to States under this part, the Secretary shall comply with the prohibitions described in section 8529. 1204. Innovative assessment and accountability demonstration authority (a) Innovative assessment system defined The term innovative assessment system means a system of assessments that may include— (1) competency-based assessments, instructionally embedded assessments, interim assessments, cumulative year-end assessments, or performance-based assessments that combine into an annual summative determination for a student, which may be administered through computer adaptive assessments; and (2) assessments that validate when students are ready to demonstrate mastery or proficiency and allow for differentiated student support based on individual learning needs. (b) Demonstration authority (1) In general The Secretary may provide a State educational agency, or a consortium of State educational agencies, in accordance with paragraph (3), with the authority to establish an innovative assessment system (referred to in this section as demonstration authority ). (2) Demonstration period In accordance with the requirements described in subsection (e), each State educational agency, or consortium of State educational agencies, that submits an application under this section shall propose in its application the period of time over which the State educational agency or consortium desires to exercise the demonstration authority, except that such period shall not exceed 5 years. (3) Initial demonstration authority and expansion During the first 3 years that the Secretary provides State educational agencies and consortia with demonstration authority (referred to in this section as the initial demonstration period ) the Secretary shall provide such demonstration authority to— (A) a total number of not more than 7 participating State educational agencies, including those participating in consortia, that have applications approved under subsection (e); and (B) consortia that include not more than 4 State educational agencies. (c) Progress report (1) In general Not later than 180 days after the end of the initial demonstration period, and prior to providing additional State educational agencies with demonstration authority, the Director of the Institute of Education Sciences, in consultation with the Secretary, shall publish a report detailing the initial progress of innovative assessment systems carried out through demonstration authority under this section. (2) Criteria The progress report under paragraph (1) shall be based on the annual information submitted by participating States described in subsection (e)(2)(B)(ix) and examine the extent to which— (A) with respect to each innovative assessment system— (i) the State educational agency has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; (ii) teachers, principals, and other school leaders have demonstrated a commitment and capacity to implement or continue to implement the innovative assessment system; and (iii) substantial evidence exists demonstrating that the innovative assessment system has been developed in accordance with the requirements of subsection (e); and (B) each State with demonstration authority has demonstrated that— (i) the same innovative assessment system was used to measure the achievement of all students that participated in the innovative assessment system; and (ii) of the total number of all students, and the total number of each of the subgroups of students defined in section 1111(c)(2), eligible to participate in the innovative assessment system in a given year, the State assessed in that year an equal or greater percentage of such eligible students, as measured under section 1111(c)(4)(E), as were assessed in the State in such year using the assessment system under section 1111(b)(2). (3) Use of report Upon completion of the progress report, the Secretary shall provide a response to the findings of the progress report, including a description of how the findings of the report will be used— (A) to support State educational agencies with demonstration authority through technical assistance; and (B) to inform the peer-review process described in subsection (f) for advising the Secretary on the awarding of the demonstration authority to the additional State educational agencies described in subsection (d). (4) Publicly available The Secretary shall make the progress report under this subsection and the response described in paragraph (3) publicly available on the website of the Department. (5) Prohibition The Secretary shall not require States that have demonstration authority to submit any information for the purposes of the progress report that is in addition to the information the State is already required to provide under subsection (e)(2)(B)(x). (d) Expansion of the demonstration authority Upon completion and publication of the report described in subsection (c), the Secretary may grant demonstration authority to additional State educational agencies or consortia that submit an application under subsection (e). Such State educational agencies or consortia of State educational agencies shall be subject to all of the same terms, conditions, and requirements of this section. (e) Application (1) In General A State educational agency, or consortium of State educational agencies, that desires to participate in the program of demonstration authority under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (2) Contents Such application shall include a description of the innovative assessment system, the experience the applicant has in implementing any components of the innovative assessment system, and the timeline over which the State or consortium proposes to exercise the demonstration authority. In addition, the application shall include each of the following: (A) A demonstration that the innovative assessment system will— (i) meet all the requirements of section 1111(b)(2)(B), except the requirements of clauses (i) and (v) of such section; (ii) be aligned to the challenging State academic standards and address the depth and breadth of such standards; (iii) express student results or student competencies in terms consistent with the State's aligned academic achievement standards under section 1111(b)(1); (iv) generate results that are valid and reliable, and comparable, for all students and for each subgroup of students described in section 1111(b)(2)(B)(xi), as compared to the results for such students on the State assessments under section 1111(b)(2); (v) be developed in collaboration with— (I) stakeholders representing the interests of children with disabilities, English learners, and other vulnerable children; (II) teachers, principals, and other school leaders; (III) local educational agencies; (IV) parents; and (V) civil rights organizations in the State; (vi) be accessible to all students, such as by incorporating the principles of universal design for learning; (vii) provide teachers, principals, other school leaders, students, and parents with timely data, disaggregated by each subgroup of students described in section 1111(b)(2)(B)(xi), to inform and improve instructional practice and student supports; (viii) identify which students are not making progress toward the challenging State academic standards so that teachers can provide instructional support and targeted interventions to all students; (ix) annually measure the progress of not less than the same percentage of all students and students in each of the subgroups of students, as defined in section 1111(c)(2), who are enrolled in schools that are participating in the innovative assessment system and are required to take such assessments, as measured under section 1111(c)(4)(E), as were assessed by schools administering the assessment under section 1111(b)(2); (x) generate an annual, summative achievement determination, based on the aligned State academic achievement standards under section 1111(b)(1) and based on annual data, for each individual student; and (xi) allow the State educational agency to validly and reliably aggregate data from the innovative assessment system for purposes of— (I) accountability, consistent with the requirements of section 1111(c); and (II) reporting, consistent with the requirements of section 1111(h). (B) A description of how the State educational agency will— (i) continue use of the statewide academic assessments required under section 1111(b)(2) if such assessments will be used for accountability purposes for the duration of the demonstration authority period; (ii) identify the distinct purposes for each assessment that is part of the innovative assessment system; (iii) provide support and training to local educational agency and school staff to implement the innovative assessment system described in this subsection; (iv) inform parents of students in participating local educational agencies about the innovative assessment system at the beginning of each school year during which the innovative assessment system will be implemented; (v) engage and support teachers in developing and scoring assessments that are part of the innovative assessment system, including through the use of high-quality professional development, standardized and calibrated scoring rubrics, and other strategies, consistent with relevant nationally recognized professional and technical standards, to ensure inter-rater reliability and comparability; (vi) acclimate students to the innovative assessment system; (vii) ensure that students with the most significant cognitive disabilities may be assessed with alternate assessments consistent with section 1111(b)(2)(D); (viii) if the State is proposing to administer the innovative assessment system initially in a subset of local educational agencies, scale up the innovative assessment system to administer such system statewide, or with additional local educational agencies, in the State's proposed demonstration authority period; (ix) gather data, solicit regular feedback from teachers, principals, other school leaders, and parents, and assess the results of each year of the program of demonstration authority under this section, and respond by making needed changes to the innovative assessment system; and (x) report data from the innovative assessment system annually to the Secretary, including— (I) demographics of participating local educational agencies, if such system is not statewide, and additional local educational agencies if added to the system during the course of the State's demonstration authority period or 2-year extension, except that such data shall not reveal any personally identifiable information, including a description of how the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies throughout the demonstration authority period; (II) the performance of all participating students, and for each subgroup of students defined in section 1111(c)(2), on the innovative assessment, consistent with the requirements in section 1111(h), except that such data shall not reveal any personally identifiable information; (III) feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and (IV) if such system is not statewide, a description of the State's progress in scaling up the innovative assessment system to additional local educational agencies during the State's demonstration authority period, as described in clause (viii). (C) A description of the State educational agency's plan to— (i) ensure that all students and each of the subgroups of students defined in section 1111(c)(2) participating in the innovative assessment system receive the instructional support needed to meet State aligned academic achievement standards; (ii) ensure that each local educational agency has the technological infrastructure to implement the innovative assessment system; and (iii) hold all schools in the local educational agencies participating in the program of demonstration authority accountable for meeting the State's expectations for student achievement. (D) If the innovative assessment system will initially be administered in a subset of local educational agencies— (i) a description of the local educational agencies within the State educational agency that will participate, including what criteria the State has for approving any additional local educational agencies to participate during the demonstration authority period; (ii) assurances from such local educational agencies that such agencies will comply with the requirements of this subsection; (iii) a description of how the State will— (I) ensure that the inclusion of additional local educational agencies contributes to progress toward achieving high-quality and consistent implementation across demographically diverse local educational agencies during the demonstration authority period; and (II) ensure that the participating local educational agencies, as a group, will be demographically similar to the State as a whole by the end of the State's demonstration authority period; and (iv) a description of the State educational agency’s plan to hold all students and each of the subgroups of students, as defined in section 1111(c)(2), to the same high standard as other students in the State. (f) Peer review The Secretary shall— (1) implement a peer-review process to inform— (A) the awarding of demonstration authority under this section and the approval to operate an innovative assessment system for the purposes of subsections (b)(2) and (c) of section 1111, as described in subsection (h); and (B) determinations about whether an innovative assessment system— (i) is comparable to the State assessments under section 1111(b)(2)(B)(v), valid, reliable, of high technical quality, and consistent with relevant, nationally recognized professional and technical standards; and (ii) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students; (2) ensure that the peer-review team consists of practitioners and experts who are knowledgeable about the innovative assessment system being proposed for all participating students, including— (A) individuals with past experience developing systems of assessment innovation that support all students, including English learners, children with disabilities, and disadvantaged students; and (B) individuals with experience implementing innovative assessment and accountability systems; (3) make publicly available the applications submitted under subsection (c) and the peer-review comments and recommendations regarding such applications; (4) make a determination and inform the State regarding approval or disapproval of the application under subsection (c) not later than 90 days after receipt of the complete application; (5) if the Secretary disapproves an application under paragraph (4), offer the State an opportunity to— (A) revise and resubmit such application within 60 days of the disapproval determination; and (B) submit additional evidence that the State's application meets the requirements of subsection (c); and (6) make a determination regarding application approval or disapproval of a resubmitted application under paragraph (5) not later than 45 days after receipt of the resubmitted application. (g) Extension The Secretary may extend an authorization of demonstration authority under this section for an additional 2 years if the State educational agency demonstrates with evidence that the State educational agency's innovative assessment system is continuing to meet the requirements of subsection (c), including by demonstrating a plan for, and the capacity to, transition to statewide use of the innovative assessment system by the end of the 2-year extension period. (h) Use of innovative assessment system A State may, during the State's approved demonstration authority period or 2-year extension, include results from the innovative assessment systems developed under this section in accountability determinations for each student in the participating local educational agencies instead of, or in addition to, results from the assessment system under section 1111(b)(2) if the State demonstrates that the State has met the requirements under subsection (c). The State shall continue to meet all other requirements of section 1111(c). (i) Withdrawal of authority The Secretary shall withdraw the authorization for demonstration authority provided to a State educational agency under this section and such State shall return to use of the statewide assessment system under section 1111(b)(2) for all local educational agencies in the State if, at any time during a State's approved demonstration authority period or 2-year extension, the State educational agency cannot present to the Secretary evidence that the innovative assessment system developed under this section— (1) meets the requirements under subsection (c); (2) includes all students attending schools participating in the innovative assessment system in a State that has demonstration authority, including each of the subgroups of students, as defined under section 1111(c)(2); (3) provides an unbiased, rational, and consistent determination of progress toward the goals described under section 1111(c)(4)(A)(i) for all students, which are comparable to measures of academic achievement under section 1111(c)(4)(B)(i) across the State in which the local educational agencies are located; (4) presents a high-quality plan to transition to full statewide use of the innovative assessment system by the end of the State's approved demonstration authority period or 2-year extension, if the innovative assessment system will initially be administered in a subset of local educational agencies; and (5) demonstrates comparability to the statewide assessments under section 1111(b)(2) in content coverage, difficulty, and quality. (j) Transition (1) In general (A) Operation of innovative assessment system If, after a State's approved demonstration authority period or 2-year extension, the State educational agency has met all the requirements of this section, including having scaled the innovative assessment system up to statewide use, and demonstrated that such system is of high quality, as described in subparagraph (B), the State shall be permitted to operate the innovative assessment system approved under the program of demonstration authority under this section for the purposes of subsections (b)(2) and (c) of section 1111. (B) High quality Such system shall be considered of high quality if the Secretary, through the peer-review process described in section 1111(a)(4), determines that— (i) the innovative assessment system meets all of the requirements of this section; (ii) the State has examined the effects of the system on other measures of student success, including indicators in the accountability system under section 1111(c)(4)(B); (iii) the innovative assessment system provides coherent and timely information about student achievement based on the challenging State academic standards, including objective measurement of academic achievement, knowledge, and skills that are valid, reliable, and consistent with relevant, nationally-recognized professional and technical standards; (iv) the State has solicited feedback from teachers, principals, other school leaders, and parents about their satisfaction with the innovative assessment system; and (v) the State has demonstrated that the same innovative assessment system was used to measure— (I) the achievement of all students that participated in such innovative assessment system; and (II) not less than the percentage of such students overall and in each of the subgroups of students, as defined in section 1111(c)(2), as measured under section 1111(c)(4)(E), as were assessed under the assessment required by section 1111(b)(2). (2) Baseline For the purposes of the evaluation described in paragraph (1), the baseline year shall be considered the first year that each local educational agency in the State used the innovative assessment system. (3) Waiver authority A State may request, and the Secretary shall review such request and may grant, a delay of the withdrawal of authority under subsection (i) for the purpose of providing the State with the time necessary to implement the innovative assessment system statewide, if, at the conclusion of the State's approved demonstration authority period and 2-year extension— (A) the State has met all of the requirements of this section, except transition to full statewide use of the innovative assessment system; and (B) the State continues to comply with the other requirements of this section, and demonstrates a high-quality plan for transition to statewide use of the innovative assessment system in a reasonable period of time. (k) Available funds A State may use funds available under section 1201 to carry out this section. (l) Consortium A consortium of States may apply to participate in the program of demonstration authority under this section, and the Secretary may provide each State member of such consortium with such authority if each such State member meets all of the requirements of this section. Such consortium shall be subject to the limitation described in subsection (b)(3)(B) during the initial 3 years of the demonstration authority. (m) Dissemination of best practices (1) In general Following the publication of the progress report described in subsection (c), the Director of the Institute of Education Sciences, in consultation with the Secretary, shall collect and disseminate the best practices on the development and implementation of innovative assessment systems that meet the requirements of this section, including best practices regarding the development of— (A) summative assessments that— (i) meet the requirements of section 1111(b)(2)(B); (ii) are comparable with statewide assessments under section 1111(b)(2); and (iii) include assessment tasks that determine proficiency or mastery of State-approved competencies aligned to challenging State academic standards; (B) effective supports for local educational agencies and school staff to implement innovative assessment systems; (C) effective engagement and support of teachers in developing and scoring assessments and the use of high-quality professional development; (D) effective supports for all students, particularly each of the subgroups of students, as defined in section 1111(c)(2), participating in the innovative assessment system; and (E) standardized and calibrated scoring rubrics, and other strategies, to ensure inter-rater reliability and comparability of determinations of mastery or proficiency across local educational agencies and the State. (2) Publication The Secretary shall make the information described in paragraph (1) available on the website of the Department and shall publish an update to the information not less often than once every 3 years. . C Education of migratory children 1301. Education of migratory children (a) Program purposes Section 1301 ( 20 U.S.C. 6391 ) is amended to read as follows: 1301. Program purposes The purposes of this part are as follows: (1) To assist States in supporting high-quality and comprehensive educational programs and services during the school year and, as applicable, during summer or intersession periods, that address the unique educational needs of migratory children. (2) To ensure that migratory children who move among the States are not penalized in any manner by disparities among the States in curriculum, graduation requirements, and challenging State academic standards. (3) To ensure that migratory children receive full and appropriate opportunities to meet the same challenging State academic standards that all children are expected to meet. (4) To help migratory children overcome educational disruption, cultural and language barriers, social isolation, various health-related problems, and other factors that inhibit the ability of such children to succeed in school. (5) To help migratory children benefit from State and local systemic reforms. . (b) State allocations Section 1303 ( 20 U.S.C. 6393 ) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; (2) by striking subsections (a) and (b) and inserting the following: (a) State allocations Except as provided in subsection (c), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of— (1) the sum of— (A) the average number of identified eligible migratory children aged 3 through 21 residing in the State, based on data for the preceding 3 years; and (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the State during the previous year; multiplied by (2) 40 percent of the average per-pupil expenditure in the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the average per-pupil expenditure in the United States. (b) Hold harmless Notwithstanding subsection (a), for each of fiscal years 2017 through 2019, no State shall receive less than 90 percent of the State’s allocation under this section for the preceding fiscal year. (c) Allocation to Puerto Rico (1) In general For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1) if such subsection applied to the Commonwealth of Puerto Rico by the product of— (A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States, subject to paragraphs (2) and (3); and (B) 32 percent of the average per-pupil expenditure in the United States. (2) Minimum percentage The percentage described in paragraph (1)(A) shall not be less than 85 percent. (3) Limitation If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year. ; (3) in subsection (d), as redesignated by paragraph (1)— (A) in paragraph (1)— (i) in subparagraph (A), by striking (A) If, after and inserting the following: (A) Ratable reductions If, after ; and (ii) in subparagraph (B)— (I) by striking (B) If additional and inserting the following: (B) Reallocation.— If additional ; and (II) by striking purpose and inserting purposes ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking (A) The Secretary and inserting the following: (A) Further reductions The Secretary ; and (ii) in subparagraph (B), by striking (B) The Secretary and inserting the following: (B) Reallocation The Secretary ; (4) in subsection (e)(3)(B), as redesignated by paragraph (1), by striking welfare or educational attainment of children and inserting academic achievement of children ; (5) in subsection (f), as redesignated by paragraph (1)— (A) in the matter preceding paragraph (1), by striking estimated and inserting identified ; (B) by striking paragraph (1) and inserting the following: (1) use the most recent information that most accurately reflects the actual number of migratory children; ; (C) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (D) by inserting after paragraph (1) the following: (2) develop and implement a procedure for monitoring the accuracy of such information; ; (E) in paragraph (4), as redesignated by subparagraph (C)— (i) in the matter preceding subparagraph (A), by striking full-time equivalent ; and (ii) in subparagraph (A)— (I) by striking special needs and inserting unique needs ; and (II) by striking special programs provided under this part and inserting effective special programs provided under this part ; and (F) in paragraph (5), as redesignated by subparagraph (C), by striking the child whose education has been interrupted and inserting migratory children, including the most at-risk migratory children ; and (6) by adding at the end the following: (g) Nonparticipating states In the case of a State desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the Secretary shall calculate the State’s number of identified migratory children aged 3 through 21 for purposes of subsection (a)(1)(A) by using the most recent data available that identifies the migratory children residing in the State until data is available to calculate the 3-year average number of such children in accordance with such subsection. . (c) State applications; services Section 1304 ( 20 U.S.C. 6394 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking special educational needs and inserting unique educational needs ; and (II) by inserting and migratory children who have dropped out of school after preschool migratory children ; (ii) in subparagraph (B)— (I) by striking migrant children and inserting migratory children ; and (II) by striking part A or B of title III and inserting part A of title III ; and (iii) by striking subparagraph (D) and inserting the following: (D) measurable program objectives and outcomes; ; (B) in paragraph (2), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; (C) in paragraph (3), by striking , consistent with procedures the Secretary may require, ; (D) in paragraph (5), by inserting and after the semicolon; (E) by striking paragraph (6); (F) by redesignating paragraph (7) as paragraph (6); and (G) in paragraph (6), as redesignated by subparagraph (F), by striking who have parents who do not have a high school diploma and inserting whose parents do not have a high school diploma ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by striking , satisfactory to the Secretary, ; (B) in paragraph (2), by striking subsections (b) and (c) of section 1120A, and part I and inserting subsections (b) and (c) of section 1118, and part F ; (C) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking parent advisory councils and inserting parents of migratory children, including parent advisory councils, ; and (II) by striking of 1 school year in duration and inserting not less than 1 school year in duration ; and (ii) in subparagraph (A), by striking section 1118 and inserting section 1116 ; (D) in paragraph (4), by inserting and migratory children who have dropped out of school after preschool migratory children ; (E) by redesignating paragraph (7) as paragraph (8); (F) by striking paragraph (6) and inserting the following: (6) such programs and projects will provide for outreach activities for migratory children and their families to inform such children and families of other education, health, nutrition, and social services to help connect them to such services; (7) to the extent feasible, such programs and projects will provide for— (A) advocacy and other outreach activities for migratory children and their families, including helping such children and families gain access to other education, health, nutrition, and social services; (B) professional development programs, including mentoring, for teachers and other program personnel; (C) family literacy programs; (D) the integration of information technology into educational and related programs; and (E) programs to facilitate the transition of secondary school students to postsecondary education or employment; and ; and (G) in paragraph (8), as redesignated by subparagraph (E), by striking paragraphs (1)(A) and (2)(B)(i) of section 1303(a), through such procedures as the Secretary may require and inserting section 1303(a)(1) ; (3) by striking subsection (d) and inserting the following: (d) Priority for services In providing services with funds received under this part, each recipient of such funds shall give priority to migratory children who have made a qualifying move within the previous 1-year period and who— (1) are failing, or most at risk of failing, to meet the challenging State academic standards; or (2) have dropped out of school. ; and (4) in subsection (e)(3), by striking secondary school students and inserting students . (d) Secretarial approval; peer review Section 1305 ( 20 U.S.C. 6395 ) is amended to read as follows: 1305. Secretarial approval; peer review The Secretary shall approve each State application that meets the requirements of this part, and may review any such application with the assistance and advice of State officials and other officials with relevant expertise. . (e) Comprehensive needs assessment and service-delivery plan; authorized activities Section 1306 ( 20 U.S.C. 6396 ) is amended— (1) in subsection (a)(1)— (A) in the matter preceding subparagraph (A), by striking special and inserting unique ; (B) in subparagraph (B)— (i) in the matter preceding clause (i), by striking section 9302 and inserting section 8302 ; and (ii) in clause (i), by striking special and inserting unique ; (C) in subparagraph (C), by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and (D) in subparagraph (F), by striking part A or B of title III and inserting part A of title III ; and (2) in subsection (b)— (A) in paragraph (1), by striking shall have the flexibility to and inserting retains the flexibility to ; and (B) in paragraph (4), by striking special educational and inserting unique educational . (f) Bypass Section 1307 ( 20 U.S.C. 6397 ) is amended— (1) in the matter preceding paragraph (1), by striking nonprofit ; and (2) in paragraph (3), by striking welfare or educational attainment and inserting educational achievement . (g) Coordination of migrant education activities Section 1308 ( 20 U.S.C. 6398 ) is amended— (1) in subsection (a)(1)— (A) by striking nonprofit ; (B) by inserting through after including ; and (C) by striking students and inserting children ; and (2) in subsection (b)— (A) in paragraph (1), by striking developing effective methods for ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by striking The Secretary, in consultation and all that follows through include— and inserting the following: The Secretary, in consultation with the States, shall ensure the linkage of migrant student record systems for the purpose of electronically exchanging, among the States, health and educational information regarding all migratory students eligible under this part. The Secretary shall ensure that such linkage occurs in a cost-effective manner, utilizing systems used by the States prior to, or developed after, the date of the enactment of the Every Student Succeeds Act. Such information may include— ; (II) in clause (ii), by striking required under section 1111(b) and inserting under section 1111(b)(2) ; and (III) in clause (iii), by striking high standards and inserting the challenging State academic standards ; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by inserting after subparagraph (A) the following: (B) Consultation The Secretary shall maintain ongoing consultation with the States, local educational agencies, and other migratory student service providers on— (i) the effectiveness of the system described in subparagraph (A); and (ii) the ongoing improvement of such system. ; and (iv) in subparagraph (C), as redesignated by clause (ii)— (I) by striking the proposed data elements and inserting any new proposed data elements ; and (II) by striking Such publication shall occur not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001. ; and (C) by striking paragraph (4). (h) Definitions Section 1309 ( 20 U.S.C. 6399 ) is amended— (1) in paragraph (1)(B), by striking nonprofit ; and (2) by striking paragraph (2) and inserting the following: (2) Migratory agricultural worker The term migratory agricultural worker means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in agriculture, which may be dairy work or the initial processing of raw agricultural products. If an individual did not engage in such new employment soon after a qualifying move, such individual may be considered a migratory agricultural worker if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal agricultural employment. (3) Migratory child The term migratory child means a child or youth who made a qualifying move in the preceding 36 months— (A) as a migratory agricultural worker or a migratory fisher; or (B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher. (4) Migratory fisher The term migratory fisher means an individual who made a qualifying move in the preceding 36 months and, after doing so, engaged in new temporary or seasonal employment or personal subsistence in fishing. If the individual did not engage in such new employment soon after the move, the individual may be considered a migratory fisher if the individual actively sought such new employment and has a recent history of moves for temporary or seasonal fishing employment. (5) Qualifying move The term qualifying move means a move due to economic necessity— (A) from one residence to another residence; and (B) from one school district to another school district, except— (i) in the case of a State that is comprised of a single school district, wherein a qualifying move is from one administrative area to another within such district; or (ii) in the case of a school district of more than 15,000 square miles, wherein a qualifying move is a distance of 20 miles or more to a temporary residence. . D Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk 1401. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk Part D of title I ( 20 U.S.C. 6421 et seq. ) is amended— (1) in section 1401(a)— (A) in paragraph (1)— (i) by inserting , tribal, after youth in local ; and (ii) by striking challenging State academic content standards and challenging State student academic achievement standards and inserting challenging State academic standards ; and (B) in paragraph (3), by inserting and the involvement of their families and communities after to ensure their continued education ; (2) in section 1412(b), by striking paragraph (2) and inserting the following: (2) Minimum percentage The percentage in paragraph (1)(A) shall not be less than 85 percent. ; (3) in section 1414— (A) in subsection (a)— (i) in paragraph (1)(B), by striking from correctional facilities to locally operated programs and inserting between correctional facilities and locally operated programs ; and (ii) in paragraph (2)— (I) in subparagraph (A)— (aa) by striking the program goals, objectives, and performance measures established by the State and inserting the program objectives and outcomes established by the State ; and (bb) by striking vocational and inserting career ; (II) in subparagraph (B), by striking and after the semicolon; (III) by redesignating subparagraph (C) as subparagraph (D); (IV) by inserting after subparagraph (B) the following: (C) describe how the State will place a priority for such children to attain a regular high school diploma, to the extent feasible; ; (V) in subparagraph (D), as redesignated by subclause (III)— (aa) in clause (i), by inserting and after the semicolon; (bb) by striking clause (ii) and redesignating clause (iii) as clause (ii); and (cc) by striking clause (iv); and (VI) by adding at the end the following: (E) provide assurances that the State educational agency has established— (i) procedures to ensure the timely re-enrollment of each student who has been placed in the juvenile justice system in secondary school or in a re-entry program that best meets the needs of the student, including the transfer of credits that such student earns during placement; and (ii) opportunities for such students to participate in credit-bearing coursework while in secondary school, postsecondary education, or career and technical education programming. ; and (B) in subsection (c)— (i) in paragraph (1), by inserting and, to the extent practicable, provide for such assessment upon entry into a correctional facility after to be served under this subpart ; (ii) in paragraph (6)— (I) by striking carry out the evaluation requirements of section 9601 and how and inserting use ; (II) by inserting under section 8601 after recent evaluation ; and (III) by striking will be used ; (iii) in paragraph (7), by striking “section 9521” and inserting “section 8521”; (iv) paragraph (8)— (I) by striking Public Law 105–220 and inserting the Workforce Innovation and Opportunity Act ; and (II) by striking vocational and inserting career ; (v) in paragraph (9)— (I) by inserting and after after prior to ; and (II) by inserting in order to facilitate the transition of such children and youth between the correctional facility and the local educational agency or alternative education program after the local educational agency or alternative education program ; (vi) in paragraph (11), by striking transition of children and youth from such facility or institution to and inserting transition of such children and youth between such facility or institution and ; (vii) in paragraph (16)— (I) by inserting and attain a regular high school diploma after to encourage the children and youth to reenter school ; and (II) by striking achieve a secondary school diploma and inserting attain a regular high school diploma ; (viii) in paragraph (17), by inserting certified or licensed after provides an assurance that ; (ix) in paragraph (18), by striking and after the semicolon; (x) in paragraph (19), by striking the period at the end and inserting ; and ; and (xi) by adding at the end the following: (20) describes how the State agency will, to the extent feasible— (A) note when a youth has come into contact with both the child welfare and juvenile justice systems; and (B) deliver services and interventions designed to keep such youth in school that are evidence-based (to the extent a State determines that such evidence is reasonably available). ; (4) in section 1415— (A) in subsection (a)— (i) in paragraph (1)(B), by striking vocational or technical training and inserting career and technical education ; and (ii) in paragraph (2)— (I) by striking subparagraph (A) and inserting the following: (A) may include— (i) the acquisition of equipment; (ii) pay-for-success initiatives; or (iii) providing targeted services for youth who have come in contact with both the child welfare system and juvenile justice system; ; (II) in subparagraph (B)— (aa) in clause (i), by striking the State's challenging academic content standards and student academic achievement standards and inserting the challenging State academic standards ; (bb) in clause (ii), by striking supplement and improve and inserting respond to the educational needs of such children and youth, including by supplementing and improving ; and (cc) in clause (iii)— (AA) by striking challenging State academic achievement standards and inserting challenging State academic standards ; and (BB) by inserting and after the semicolon; (III) in subparagraph (C)— (aa) by striking section 1120A and part I and inserting section 1118 and part F ; and (bb) by striking ; and and inserting a period; and (IV) by striking subparagraph (D); and (B) in subsection (b), by striking section 1120A and inserting section 1118 ; (5) in section 1416— (A) in paragraph (3)— (i) by striking challenging State academic content standards and student academic achievement standards and inserting challenging State academic standards ; and (ii) by striking complete secondary school, attain a secondary diploma and inserting attain a regular high school diploma ; (B) in paragraph (4)— (i) by striking pupil and inserting specialized instructional support ; and (ii) by inserting , and how relevant and appropriate academic records and plans regarding the continuation of educational services for such children or youth are shared jointly between the State agency operating the institution or program and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the State agency after children and youth described in paragraph (1) ; and (C) in paragraph (6), by striking student progress and inserting and improve student achievement ; (6) in section 1418(a)— (A) by striking paragraph (1) and inserting the following: (1) projects that facilitate the transition of children and youth between State-operated institutions, or institutions in the State operated by the Secretary of the Interior, and schools served by local educational agencies or schools operated or funded by the Bureau of Indian Education; or ; and (B) in paragraph (2)— (i) by striking vocational each place the term appears and inserting career ; and (ii) in the matter preceding subparagraph (A), by striking secondary and inserting regular high ; (7) in section 1419— (A) by striking the section heading and inserting Technical Assistance ; and (B) by striking for a fiscal year and all that follows through to provide and inserting for a fiscal year to provide ; (8) in section 1421(3), by inserting , including schools operated or funded by the Bureau of Indian Education, after local schools ; (9) in section 1422(d), by striking impact on meeting the transitional and inserting impact on meeting such transitional ; (10) in section 1423— (A) in paragraph (2)(B), by inserting , including such facilities operated by the Secretary of the Interior and Indian tribes after the juvenile justice system ; (B) by striking paragraph (4) and inserting the following: (4) a description of the program operated by participating schools to facilitate the successful transition of children and youth returning from correctional facilities and, as appropriate, the types of services that such schools will provide such children and youth and other at-risk children and youth; ; (C) in paragraph (7)— (i) by inserting institutions of higher education or after partnerships with ; and (ii) by striking develop training, curriculum-based youth entrepreneurship education and inserting facilitate postsecondary and workforce success for children and youth returning from correctional facilities, such as through participation in credit-bearing coursework while in secondary school, enrollment in postsecondary education, participation in career and technical education programming ; (D) in paragraph (8), by inserting and family members after will involve parents ; (E) in paragraph (9), by striking vocational and inserting career ; and (F) in paragraph (13), by striking regular and inserting traditional ; (11) in section 1424— (A) in the matter before paragraph (1), by striking Funds provided and inserting the following: (a) In General Funds provided ; (B) in paragraph (2), by striking , including and all that follows through gang members ; (C) in paragraph (4)— (i) by striking vocational and inserting career ; and (ii) by striking and after the semicolon; and (D) in paragraph (5), by striking the period at the end and inserting a semicolon; (E) by inserting the following after paragraph (5): (6) programs for at-risk Indian children and youth, including such children and youth in correctional facilities in the area served by the local educational agency that are operated by the Secretary of the Interior or Indian tribes; and (7) pay for success initiatives. ; and (F) by inserting after paragraph (7) the following: (b) Contracts and grants A local educational agency may use a subgrant received under this subpart to carry out the activities described under paragraphs (1) through (7) of subsection (a) directly or through subgrants, contracts, or cooperative agreements. ; (12) in section 1425— (A) in paragraph (4)— (i) by inserting and attain a regular high school diploma after reenter school ; and (ii) by striking a secondary school diploma and inserting a regular high school diploma ; (B) in paragraph (6), by striking high academic achievement standards and inserting the challenging State academic standards ; (C) in paragraph (9), by striking vocational and inserting career ; (D) in paragraph (10), by striking and after the semicolon; (E) in paragraph (11), by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (12) upon the child’s or youth’s entry into the correctional facility, work with the child’s or youth’s family members and the local educational agency that most recently provided services to the child or youth (if applicable) to ensure that the relevant and appropriate academic records and plans regarding the continuation of educational services for such child or youth are shared jointly between the correctional facility and local educational agency in order to facilitate the transition of such children and youth between the local educational agency and the correctional facility; and (13) consult with the local educational agency for a period jointly determined necessary by the correctional facility and local educational agency upon discharge from that facility, to coordinate educational services so as to minimize disruption to the child’s or youth’s achievement. ; (13) in section 1426— (A) in paragraph (1), by striking reducing dropout rates for male students and for female students over a 3-year period and inserting the number of children and youth attaining a regular high school diploma or its recognized equivalent ; and (B) in paragraph (2)— (i) by striking obtaining a secondary school diploma and inserting attaining a regular high school diploma ; and (ii) by striking obtaining employment and inserting attaining employment ; (14) in section 1431(a)— (A) in the matter preceding paragraph (1), by inserting while protecting individual student privacy, after age ; (B) striking secondary each place the term appears and inserting high ; (C) in paragraph (1), by inserting and to graduate from high school in the number of years established by the State under either the four-year adjusted cohort graduation rate or the extended-year adjusted cohort graduation rate, if applicable after educational achievement ; and (D) in paragraph (3), by inserting or school operated or funded by the Bureau of Indian Education after local educational agency ; and (15) in section 1432(2)— (A) by inserting dependency adjudication, or delinquency adjudication, after failure, ; (B) by striking has limited English proficiency and inserting is an English learner ; and (C) by inserting or child welfare system after juvenile justice system . E Flexibility for equitable per-pupil funding 1501. Flexibility for equitable per-pupil funding (a) Reorganization Title I ( 20 U.S.C. 6571 et seq. ), as amended by this title, is further amended— (1) by striking parts E through H; (2) by redesignating part I as part F; (3) by striking sections 1907 and 1908; (4) by redesignating sections 1901 through 1903 as sections 1601 through 1603, respectively; and (5) by redesignating sections 1905 and 1906 as sections 1604 and 1605, respectively. (b) In general Title I ( 20 U.S.C. 6571 et seq. ), as amended by this title, is further amended by inserting after section 1432 the following: E Flexibility for equitable per-pupil funding 1501. Flexibility for equitable per-pupil funding (a) Purpose The purpose of the program under this section is to provide local educational agencies with flexibility to consolidate eligible Federal funds and State and local education funding in order to create a single school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. (b) Authority (1) In general The Secretary is authorized to enter into local flexibility demonstration agreements— (A) for not more than 3 years with local educational agencies that are selected under subsection (c) and submit proposed agreements that meet the requirements of subsection (d); and (B) under which such agencies may consolidate and use funds in accordance with subsection (d) in order to develop and implement a school funding system based on weighted per-pupil allocations for low-income and otherwise disadvantaged students. (2) Flexibility Except as described in subsection (d)(1)(I), the Secretary is authorized to waive, for local educational agencies entering into agreements under this section, any provision of this Act that would otherwise prevent such agency from using eligible Federal funds as part of such agreement. (c) Selection of local educational agencies (1) In general The Secretary may enter into local flexibility demonstration agreements with not more than 50 local educational agencies with an approved application under subsection (d). (2) Selection Each local educational agency shall be selected based on such agency— (A) submitting a proposed local flexibility demonstration agreement under subsection (d); (B) demonstrating that the agreement meets the requirements of such subsection; and (C) agreeing to meet the continued demonstration requirements under subsection (e). (3) Expansion Beginning with the 2019–2020 academic year, the Secretary may extend funding flexibility authorized under this section to any local educational agency that submits and has approved an application under subsection (d), as long as a significant majority of the demonstration agreements with local educational agencies described in paragraph (1) meet the requirements of subsection (d)(2) and subsection (e)(1) as of the end of the 2018–2019 academic year. (d) Required terms of local flexibility demonstration agreement (1) Application Each local educational agency that desires to participate in the program under this section shall submit, at such time and in such form as the Secretary may prescribe, an application to enter into a local flexibility demonstration agreement with the Secretary in order to develop and implement a school funding system based on weighted per-pupil allocations that meets the requirements of this section. The application shall include— (A) a description of the school funding system based on weighted per-pupil allocations, including— (i) the weights used to allocate funds within such system; (ii) the local educational agency’s legal authority to use State and local education funds consistent with this section; (iii) how such system will meet the requirements of paragraph (2); and (iv) how such system will support the academic achievement of students, including low-income students, the lowest-achieving students, English learners, and children with disabilities; (B) a list of funding sources, including eligible Federal funds, the local educational agency will include in such system; (C) a description of the amount and percentage of total local educational agency funding, including State and local education funds and eligible Federal funds, that will be allocated through such system; (D) the per-pupil expenditures (which shall include actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year; (E) the per-pupil amount of eligible Federal funds each school served by the agency received in the preceding fiscal year, disaggregated by the programs supported by the eligible Federal funds; (F) a description of how such system will ensure that any eligible Federal funds allocated through the system will meet the purposes of each Federal program supported by such funds, including serving students from low-income families, English learners, migratory children, and children who are neglected, delinquent, or at risk, as applicable; (G) an assurance that the local educational agency developed and will implement the local flexibility demonstration agreement in consultation with teachers, principals, other school leaders (including charter school leaders in a local educational agency that has charter schools), administrators of Federal programs impacted by the agreement, parents, community leaders, and other relevant stakeholders; (H) an assurance that the local educational agency will use fiscal control and sound accounting procedures that ensure proper disbursement of, and accounting for, eligible Federal funds consolidated and used under such system; (I) an assurance that the local educational agency will continue to meet the requirements of sections 1117, 1118, and 8501; and (J) an assurance that the local educational agency will meet the requirements of all applicable Federal civil rights laws in carrying out the agreement and in consolidating and using funds under the agreement. (2) Requirements of the system (A) In general A local educational agency’s school funding system based on weighted per-pupil allocations shall— (i) except as allowed under clause (iv), allocate a significant portion of funds, including State and local education funds and eligible Federal funds, to the school level based on the number of students in a school and a formula developed by the agency under this section that determines per-pupil weighted amounts; (ii) use weights or allocation amounts that allocate substantially more funding to English learners, students from low-income families, and students with any other characteristics associated with educational disadvantage chosen by the local educational agency, than to other students; (iii) ensure that each high-poverty school receives, in the first year of the demonstration agreement— (I) more per-pupil funding, including from Federal, State, and local sources, for low-income students than such funding received for low-income students in the year prior to entering into a demonstration agreement under this section; and (II) at least as much per-pupil funding, including from Federal, State, and local sources, for English learners as such funding received for English learners in the year prior to entering into a demonstration agreement under this section; (iv) be used to allocate to schools a significant percentage, which shall be a percentage agreed upon during the application process, of all the local educational agency’s State and local education funds and eligible Federal funds; and (v) include all school-level actual personnel expenditures for instructional staff (including staff salary differentials for years of employment) and actual nonpersonnel expenditures in the calculation of the local educational agency's State and local education funds and eligible Federal funds to be allocated under clause (i). (B) Percentage In establishing the percentage described in subparagraph (A)(iv) for the system, the local educational agency shall demonstrate that the percentage— (i) under such subparagraph is sufficient to carry out the purposes of the demonstration agreement under this section and to meet each of the requirements of this subsection; and (ii) of State and local education funds and eligible Federal funds that are not allocated through the local educational agency’s school funding system based on weighted per-pupil allocations, does not undermine or conflict with the requirements of the demonstration agreement under this section. (C) Expenditures After allocating funds through the system, the local educational agency shall charge schools for the per-pupil expenditures of State and local education funds and eligible Federal funds, including actual personnel expenditures (including staff salary differentials for years of employment) for instructional staff and actual nonpersonnel expenditures. (e) Continued demonstration Each local educational agency with an approved application under subsection (d) shall annually— (1) demonstrate to the Secretary that, as compared to the previous year, no high-poverty school served by the agency received— (A) less per-pupil funding, including from Federal, State, and local sources, for low-income students; or (B) less per-pupil funding, including from Federal, State, and local sources, for English learners; (2) make public and report to the Secretary the per-pupil expenditures (including actual personnel expenditures that include staff salary differentials for years of employment, and actual non-personnel expenditures) of State and local education funds and eligible Federal funds for each school served by the agency, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year; (3) make public the total number of students enrolled in each school served by the agency and the number of students enrolled in each such school disaggregated by each of the subgroups of students, as defined in section 1111(c)(2); and (4) notwithstanding paragraph (1), (2), or (3), ensure that any information to be reported or made public under this subsection is only reported or made public if such information does not reveal personally identifiable information. (f) Limitations on administrative expenditures Each local educational agency that has entered into a local flexibility demonstration agreement with the Secretary under this section may use, for administrative purposes, an amount of eligible Federal funds that is not more than the percentage of funds allowed for such purposes under any of the following: (1) This title. (2) Title II. (3) Title III. (4) Part A of title IV. (5) Part B of title V. (g) Peer review The Secretary may establish a peer-review process to assist in the review of a proposed local flexibility demonstration agreement. (h) Noncompliance The Secretary may, after providing notice and an opportunity for a hearing (including the opportunity to provide supporting evidence as provided for in subsection (i)), terminate a local flexibility demonstration agreement under this section if there is evidence that the local educational agency has failed to comply with the terms of the agreement and the requirements under subsections (d) and (e). (i) Evidence If a local educational agency believes that the Secretary’s determination under subsection (h) is in error for statistical or other substantive reasons, the local educational agency may provide supporting evidence to the Secretary, and the Secretary shall consider that evidence before making a final determination. (j) Program evaluation From the amount reserved for evaluation activities under section 8601, the Secretary, acting through the Director of the Institute of Education Sciences, shall, in consultation with the relevant program office at the Department, evaluate— (1) the implementation of the local flexibility demonstration agreements under this section; and (2) the impact of such agreements on improving the equitable distribution of State and local funding and increasing student achievement. (k) Renewal of local flexibility demonstration agreement The Secretary may renew for additional 3-year terms a local flexibility demonstration agreement under this section if— (1) the local educational agency has met the requirements under subsections (d)(2) and (e) and agrees to, and has a high likelihood of, continuing to meet such requirements; and (2) the Secretary determines that renewing the local flexibility demonstration agreement is in the interest of students served under this title and title III. (l) Definitions In this section: (1) Eligible federal funds The term eligible Federal funds means funds received by a local educational agency under— (A) this title; (B) title II; (C) title III; (D) part A of title IV; and (E) part B of title V. (2) High-poverty school The term high-poverty school means a school that is in the highest 2 quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families. . F General provisions 1601. General provisions (a) Federal Regulations Section 1601 ( 20 U.S.C. 6571 ), as redesignated by section 1501(a)(4) of this Act, is amended— (1) in subsection (a), by inserting , in accordance with subsections (b) through (d) and subject to section 1111(e), after may issue ; (2) in subsection (b)— (A) in paragraph (1), by inserting principals, other school leaders (including charter school leaders), after teachers, ; (B) in paragraph (2), by adding at the end the following: Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders. ; (C) in paragraph (3)(A), by striking standards and assessments and inserting standards, assessments under section 1111(b)(2), and the requirement under section 1118 that funds under part A be used to supplement, and not supplant, State and local funds ; (D) by striking paragraph (4) and inserting the following: (4) Process Such process— (A) shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.); and (B) shall, unless otherwise provided as described in subsection (c), follow the provisions of subchapter III of chapter 5 of title V, United States Code (commonly known as the Negotiated Rulemaking Act of 1990 ). ; and (E) by striking paragraph (5); (3) by redesignating subsection (c) as subsection (d); (4) by inserting after subsection (b) the following: (c) Alternative process for certain exceptions If consensus, as defined in section 562 of title 5, United States Code, on any proposed regulation is not reached by the individuals selected under subsection (b)(3)(B) for the negotiated rulemaking process, or if the Secretary determines that a negotiated rulemaking process is unnecessary, the Secretary may propose a regulation in the following manner: (1) Notice to congress Not less than 15 business days prior to issuing a notice of proposed rulemaking in the Federal Register, the Secretary shall provide to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and other relevant congressional committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall include— (A) a copy of the proposed regulation; (B) the need to issue the regulation; (C) the anticipated burden, including the time, cost, and paperwork burden, the regulation will impose on State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; (D) the anticipated benefits to State educational agencies, local educational agencies, schools, and other entities that may be impacted by the regulation; and (E) any regulations that will be repealed when the new regulation is issued. (2) Comment period for congress The Secretary shall— (A) before issuing any notice of proposed rulemaking under this subsection, provide Congress with a comment period of 15 business days to make comments on the proposed regulation, beginning on the date that the Secretary provides the notice of intent to the appropriate committees of Congress under paragraph (1); and (B) include and seek to address all comments submitted by Congress in the public rulemaking record for the regulation published in the Federal Register. (3) Comment and review period; emergency situations The comment and review period for any proposed regulation shall be not less than 60 days unless an emergency requires a shorter period, in which case the Secretary shall— (A) designate the proposed regulation as an emergency with an explanation of the emergency in the notice to Congress under paragraph (1); (B) publish the length of the comment and review period in such notice and in the Federal Register; and (C) conduct immediately thereafter regional meetings to review such proposed regulation before issuing any final regulation. ; (5) in subsection (d), as redesignated by paragraph (3), by striking Regulations to carry out this part and inserting Regulations to carry out this title ; and (6) by inserting after subsection (d), as redesignated by paragraph (3), the following: (e) Rule of construction Nothing in this section affects the applicability of subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) or chapter 8 of title 5, United States Code (commonly known as the Congressional Review Act ). . (b) Agreements and records Subsection (a) of section 1602 ( 20 U.S.C. 6572(a) ), as redesignated by section 1501(a)(4) of this Act, is amended to read as follows: (a) Agreements In any case in which a negotiated rulemaking process is established under section 1601(b), all published proposed regulations shall conform to agreements that result from the rulemaking described in section 1601 unless the Secretary reopens the negotiated rulemaking process. . (c) State administration Section 1603 ( 20 U.S.C. 6573 ), as redesignated by section 1501(a)(4) of this Act, is further amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and after the semicolon; (ii) in subparagraph (D), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (E) (i) identify any duplicative or contrasting requirements between the State and Federal rules or regulations; and (ii) eliminate the State rules and regulations that are duplicative of Federal requirements. ; and (B) in paragraph (2), by striking the challenging State student academic achievement standards and inserting the challenging State academic standards ; and (2) in subsection (b)(2), by striking subparagraphs (C) through (G) and inserting the following: (C) teachers from traditional public schools and charter schools (if there are charter schools in the State) and career and technical educators; (D) principals and other school leaders; (E) parents; (F) members of local school boards; (G) representatives of private school children; (H) specialized instructional support personnel and paraprofessionals; (I) representatives of authorized public chartering agencies (if there are charter schools in the State); and (J) charter school leaders (if there are charter schools in the State). . II Preparing, training, and recruiting high-quality teachers, principals, or other school leaders 2001. General provisions (a) Title II transfers and related amendments (1) Section 2366(b) ( 20 U.S.C. 6736(b) ) is amended by striking the matter following paragraph (2) and inserting the following: (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. . (2) Subpart 4 of part D of title II ( 20 U.S.C. 6777 ) is amended, by striking the subpart designation and heading and inserting the following: 4 Internet safety . (3) Subpart 5 of part C of title II ( 20 U.S.C. 6731 et seq. ) (as amended by paragraph (1) of this subsection) is— (A) transferred to title IX; (B) inserted so as to appear after subpart 2 of part E of such title; (C) redesignated as subpart 3 of such part; and (D) further amended by redesignating sections 2361 through 2368 as sections 9541 through 9548, respectively. (4) Subpart 4 of part D of title II (20 U.S.C. 6777 et seq) (as amended by paragraph (2) of this subsection) is— (A) transferred to title IV; (B) inserted so as to appear after subpart 4 of part A of such title; (C) redesignated as subpart 5 of such part; and (D) further amended by redesignating section 2441 as section 4161. 2002. Preparing, training, and recruiting high-quality teachers, principals, or other school leaders The Act ( 20 U.S.C. 6301 et seq. ) is amended by striking title II and inserting the following: II Preparing, training, and recruiting high-quality teachers, principals, or other school leaders 2001. Purpose The purpose of this title is to provide grants to State educational agencies and subgrants to local educational agencies to— (1) increase student achievement consistent with the challenging State academic standards; (2) improve the quality and effectiveness of teachers, principals, and other school leaders; (3) increase the number of teachers, principals, and other school leaders who are effective in improving student academic achievement in schools; and (4) provide low-income and minority students greater access to effective teachers, principals, and other school leaders. 2002. Definitions In this title: (1) School leader residency program The term school leader residency program means a school-based principal or other school leader preparation program in which a prospective principal or other school leader— (A) for 1 academic year, engages in sustained and rigorous clinical learning with substantial leadership responsibilities and an opportunity to practice and be evaluated in an authentic school setting; and (B) during that academic year— (i) participates in evidence-based coursework, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, that is integrated with the clinical residency experience; and (ii) receives ongoing support from a mentor principal or other school leader, who is effective. (2) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (3) State authorizer The term State authorizer means an entity designated by the Governor of a State to recognize teacher, principal, or other school leader preparation academies within the State that— (A) enters into an agreement with a teacher, principal, or other school leader preparation academy that specifies the goals expected of the academy, as described in paragraph (4)(A)(i); (B) may be a nonprofit organization, State educational agency, or other public entity, or consortium of such entities (including a consortium of States); and (C) does not reauthorize a teacher, principal, or other school leader preparation academy if the academy fails to produce the minimum number or percentage of effective teachers or principals or other school leaders, respectively (as determined by the State), identified in the academy's authorizing agreement. (4) Teacher, principal, or other school leader preparation academy The term teacher, principal, or other school leader preparation academy means a public or other nonprofit entity, which may be an institution of higher education or an organization affiliated with an institution of higher education, that establishes an academy that will prepare teachers, principals, or other school leaders to serve in high-needs schools, and that— (A) enters into an agreement with a State authorizer that specifies the goals expected of the academy, including— (i) a requirement that prospective teachers, principals, or other school leaders who are enrolled in the academy receive a significant part of their training through clinical preparation that partners the prospective candidate with an effective teacher, principal, or other school leader, as determined by the State, respectively, with a demonstrated record of increasing student academic achievement, including for the subgroups of students defined in section 1111(c)(2), while also receiving concurrent instruction from the academy in the content area (or areas) in which the prospective teacher, principal, or other school leader will become certified or licensed that links to the clinical preparation experience; (ii) the number of effective teachers, principals, or other school leaders, respectively, who will demonstrate success in increasing student academic achievement that the academy will prepare; and (iii) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a teacher only after the teacher demonstrates that the teacher is an effective teacher, as determined by the State, with a demonstrated record of increasing student academic achievement either as a student teacher or teacher-of-record on an alternative certificate, license, or credential; (iv) a requirement that the academy will award a certificate of completion (or degree, if the academy is, or is affiliated with, an institution of higher education) to a principal or other school leader only after the principal or other school leader demonstrates a record of success in improving student performance; and (v) timelines for producing cohorts of graduates and conferring certificates of completion (or degrees, if the academy is, or is affiliated with, an institution of higher education) from the academy; (B) does not have unnecessary restrictions on the methods the academy will use to train prospective teacher, principal, or other school leader candidates, including— (i) obligating (or prohibiting) the academy's faculty to hold advanced degrees or conduct academic research; (ii) restrictions related to the academy's physical infrastructure; (iii) restrictions related to the number of course credits required as part of the program of study; (iv) restrictions related to the undergraduate coursework completed by teachers teaching or working on alternative certificates, licenses, or credentials, as long as such teachers have successfully passed all relevant State-approved content area examinations; or (v) restrictions related to obtaining accreditation from an accrediting body for purposes of becoming an academy; (C) limits admission to its program to prospective teacher, principal, or other school leader candidates who demonstrate strong potential to improve student academic achievement, based on a rigorous selection process that reviews a candidate's prior academic achievement or record of professional accomplishment; and (D) results in a certificate of completion or degree that the State may, after reviewing the academy’s results in producing effective teachers, or principals, or other school leaders, respectively (as determined by the State) recognize as at least the equivalent of a master's degree in education for the purposes of hiring, retention, compensation, and promotion in the State. (5) Teacher residency program The term teacher residency program means a school-based teacher preparation program in which a prospective teacher— (A) for not less than 1 academic year, teaches alongside an effective teacher, as determined by the State or local educational agency, who is the teacher of record for the classroom; (B) receives concurrent instruction during the year described in subparagraph (A)— (i) through courses that may be taught by local educational agency personnel or by faculty of the teacher preparation program; and (ii) in the teaching of the content area in which the teacher will become certified or licensed; and (C) acquires effective teaching skills, as demonstrated through completion of a residency program, or other measure determined by the State, which may include a teacher performance assessment. 2003. Authorization of appropriations (a) Grants to States and local educational agencies For the purpose of carrying out part A, there are authorized to be appropriated $2,295,830,000 for each of fiscal years 2017 through 2020. (b) National activities For the purpose of carrying out part B, there are authorized to be appropriated— (1) $468,880,575 for each of fiscal years 2017 and 2018; (2) $469,168,000 for fiscal year 2019; and (3) $489,168,000 for fiscal year 2020. A Supporting effective instruction 2101. Formula grants to states (a) Reservation of funds From the total amount appropriated under section 2003(a) for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this title; and (2) one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education. (b) State allotments (1) Hold harmless (A) Fiscal years 2017 through 2022 For each of fiscal years 2017 through 2022, subject to paragraph (2) and subparagraph (C), from the funds appropriated under section 2003(a) for a fiscal year that remain after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State an amount equal to the total amount that such State received for fiscal year 2001 under— (i) section 2202(b) of this Act (as in effect on the day before the date of enactment of the No Child Left Behind Act of 2001); and (ii) section 306 of the Department of Education Appropriations Act, 2001 (as enacted into law by section 1(a)(1) of Public Law 106–554 ). (B) Ratable reduction If the funds described in subparagraph (A) are insufficient to pay the full amounts that all States are eligible to receive under subparagraph (A) for any fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. (C) Percentage reduction For each of fiscal years 2017 through 2022, the amount in subparagraph (A) shall be reduced by a percentage equal to the product of 14.29 percent and the number of years between the fiscal year for which the determination is being made and fiscal year 2016. (2) Allotment of additional funds (A) In General Subject to subparagraph (B), for any fiscal year for which the funds appropriated under section 2003(a) and not reserved under subsection (a) exceed the total amount required to make allotments under paragraph (1), the Secretary shall allot to each State the sum of— (i) for fiscal year 2017— (I) an amount that bears the same relationship to 35 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same relationship to 65 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; (ii) for fiscal year 2018— (I) an amount that bears the same relationship to 30 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same relationship to 70 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; (iii) for fiscal year 2019— (I) an amount that bears the same relationship to 25 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same relationship to 75 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (iv) for fiscal year 2020— (I) an amount that bears the same relationship to 20 percent of the excess amount as the number of individuals aged 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (II) an amount that bears the same relationship to 80 percent of the excess amount as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (B) Exception No State receiving an allotment under subparagraph (A) may receive less than one-half of 1 percent of the total excess amount allotted under such subparagraph for a fiscal year. (3) Fiscal year 2021 and succeeding fiscal years For fiscal year 2021 and each of the succeeding fiscal years— (A) the Secretary shall allot funds appropriated under section 2003(a) and not reserved under subsection (a) to each State in accordance with paragraph (2)(A)(iv); and (B) the amount appropriated but not reserved shall be treated as the excess amount. (4) Reallotment If any State does not apply for an allotment under this subsection for any fiscal year, the Secretary shall reallot the amount of the allotment to the remaining States in accordance with this subsection. (c) State uses of funds (1) In general Except as provided under paragraph (3), each State that receives an allotment under subsection (b) for a fiscal year shall reserve not less than 95 percent of such allotment to make subgrants to local educational agencies for such fiscal year, as described in section 2102. (2) State administration A State educational agency may use not more than 1 percent of the amount allotted to such State under subsection (b) for the administrative costs of carrying out such State educational agency’s responsibilities under this part. (3) Principals or other school leaders Notwithstanding paragraph (1) and in addition to funds otherwise available for activities under paragraph (4), a State educational agency may reserve not more than 3 percent of the amount reserved for subgrants to local educational agencies under paragraph (1) for one or more of the activities for principals or other school leaders that are described in paragraph (4). (4) State activities (A) In general The State educational agency for a State that receives an allotment under subsection (b) may use funds not reserved under paragraph (1) to carry out 1 or more of the activities described in subparagraph (B), which may be implemented in conjunction with a State agency of higher education (if such agencies are separate) and carried out through a grant or contract with a for-profit or nonprofit entity, including an institution of higher education. (B) Types of State activities The activities described in this subparagraph are the following: (i) Reforming teacher, principal, or other school leader certification, recertification, licensing, or tenure systems or preparation program standards and approval processes to ensure that— (I) teachers have the necessary subject-matter knowledge and teaching skills, as demonstrated through measures determined by the State, which may include teacher performance assessments, in the academic subjects that the teachers teach to help students meet challenging State academic standards; (II) principals or other school leaders have the instructional leadership skills to help teachers teach and to help students meet such challenging State academic standards; and (III) teacher certification or licensing requirements are aligned with such challenging State academic standards. (ii) Developing, improving, or providing assistance to local educational agencies to support the design and implementation of teacher, principal, or other school leader evaluation and support systems that are based in part on evidence of student academic achievement, which may include student growth, and shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders, such as by— (I) developing and disseminating high-quality evaluation tools, such as classroom observation rubrics, and methods, including training and auditing, for ensuring inter-rater reliability of evaluation results; (II) developing and providing training to principals, other school leaders, coaches, mentors, and evaluators on how to accurately differentiate performance, provide useful and timely feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and (III) developing a system for auditing the quality of evaluation and support systems. (iii) Improving equitable access to effective teachers. (iv) Carrying out programs that establish, expand, or improve alternative routes for State certification of teachers (especially for teachers of children with disabilities, English learners, science, technology, engineering, mathematics, or other areas where the State experiences a shortage of educators), principals, or other school leaders, for— (I) individuals with a baccalaureate or master's degree, or other advanced degree; (II) mid-career professionals from other occupations; (III) paraprofessionals; (IV) former military personnel; and (V) recent graduates of institutions of higher education with records of academic distinction who demonstrate the potential to become effective teachers, principals, or other school leaders. (v) Developing, improving, and implementing mechanisms to assist local educational agencies and schools in effectively recruiting and retaining teachers, principals, or other school leaders who are effective in improving student academic achievement, including effective teachers from underrepresented minority groups and teachers with disabilities, such as through— (I) opportunities for effective teachers to lead evidence-based (to the extent the State determines that such evidence is reasonably available) professional development for the peers of such effective teachers; and (II) providing training and support for teacher leaders and principals or other school leaders who are recruited as part of instructional leadership teams. (vi) Fulfilling the State educational agency's responsibilities concerning proper and efficient administration and monitoring of the programs carried out under this part, including provision of technical assistance to local educational agencies. (vii) Developing, or assisting local educational agencies in developing— (I) career opportunities and advancement initiatives that promote professional growth and emphasize multiple career paths, such as instructional coaching and mentoring (including hybrid roles that allow instructional coaching and mentoring while remaining in the classroom), school leadership, and involvement with school improvement and support; (II) strategies that provide differential pay, or other incentives, to recruit and retain teachers in high-need academic subjects and teachers, principals, or other school leaders, in low-income schools and school districts, which may include performance-based pay systems; and (III) new teacher, principal, or other school leader induction and mentoring programs that are, to the extent the State determines that such evidence is reasonably available, evidence-based, and designed to— (aa) improve classroom instruction and student learning and achievement, including through improving school leadership programs; and (bb) increase the retention of effective teachers, principals, or other school leaders. (viii) Providing assistance to local educational agencies for the development and implementation of high-quality professional development programs for principals that enable the principals to be effective and prepare all students to meet the challenging State academic standards. (ix) Supporting efforts to train teachers, principals, or other school leaders to effectively integrate technology into curricula and instruction, which may include training to assist teachers in implementing blended learning (as defined in section 4102(1)) projects. (x) Providing training, technical assistance, and capacity-building to local educational agencies that receive a subgrant under this part. (xi) Reforming or improving teacher, principal, or other school leader preparation programs, such as through establishing teacher residency programs and school leader residency programs. (xii) Establishing or expanding teacher, principal, or other school leader preparation academies, with an amount of the funds described in subparagraph (A) that is not more than 2 percent of the State's allotment, if— (I) allowable under State law; (II) the State enables candidates attending a teacher, principal, or other school leader preparation academy to be eligible for State financial aid to the same extent as participants in other State-approved teacher or principal preparation programs, including alternative certification, licensure, or credential programs; and (III) the State enables teachers, principals, or other school leaders who are teaching or working while on alternative certificates, licenses, or credentials to teach or work in the State while enrolled in a teacher, principal, or other school leader preparation academy. (xiii) Supporting the instructional services provided by effective school library programs. (xiv) Developing, or assisting local educational agencies in developing, strategies that provide teachers, principals, or other school leaders with the skills, credentials, or certifications needed to educate all students in postsecondary education coursework through early college high school or dual or concurrent enrollment programs. (xv) Providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse. (xvi) Supporting opportunities for principals, other school leaders, teachers, paraprofessionals, early childhood education program directors, and other early childhood education program providers to participate in joint efforts to address the transition to elementary school, including issues related to school readiness. (xvii) Developing and providing professional development and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science. (xviii) Supporting the professional development and improving the instructional strategies of teachers, principals, or other school leaders to integrate career and technical education content into academic instructional practices, which may include training on best practices to understand State and regional workforce needs and transitions to postsecondary education and the workforce. (xix) Enabling States, as a consortium, to voluntarily develop a process that allows teachers who are licensed or certified in a participating State to teach in other participating States without completing additional licensure or certification requirements, except that nothing in this clause shall be construed to allow the Secretary to exercise any direction, supervision, or control over State teacher licensing or certification requirements. (xx) Supporting and developing efforts to train teachers on the appropriate use of student data to ensure that individual student privacy is protected as required by section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ) and in accordance with State student privacy laws and local educational agency student privacy and technology use policies. (xxi) Supporting other activities identified by the State that are, to the extent the State determines that such evidence is reasonably available, evidence-based and that meet the purpose of this title. (d) State application (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (2) Contents Each application described under paragraph (1) shall include the following: (A) A description of how the State educational agency will use funds received under this title for State-level activities described in subsection (c). (B) A description of the State’s system of certification and licensing of teachers, principals, or other school leaders. (C) A description of how activities under this part are aligned with challenging State academic standards. (D) A description of how the activities carried out with funds under this part are expected to improve student achievement. (E) If a State educational agency plans to use funds under this part to improve equitable access to effective teachers, consistent with section 1111(g)(1)(B), a description of how such funds will be used for such purpose. (F) If applicable, a description of how the State educational agency will work with local educational agencies in the State to develop or implement State or local teacher, principal, or other school leader evaluation and support systems that meet the requirements of subsection (c)(4)(B)(ii). (G) An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. (H) An assurance that the State educational agency will work in consultation with the entity responsible for teacher, principal, or other school leader professional standards, certification, and licensing for the State, and encourage collaboration between educator preparation programs, the State, and local educational agencies to promote the readiness of new educators entering the profession. (I) An assurance that the State educational agency will comply with section 8501 (regarding participation by private school children and teachers). (J) A description of how the State educational agency will improve the skills of teachers, principals, or other school leaders in order to enable them to identify students with specific learning needs, particularly children with disabilities, English learners, students who are gifted and talented, and students with low literacy levels, and provide instruction based on the needs of such students. (K) A description of how the State will use data and ongoing consultation as described in paragraph (3) to continually update and improve the activities supported under this part. (L) A description of how the State educational agency will encourage opportunities for increased autonomy and flexibility for teachers, principals, or other school leaders, such as by establishing innovation schools that have a high degree of autonomy over budget and operations, are transparent and accountable to the public, and lead to improved academic outcomes for students. (M) A description of actions the State may take to improve preparation programs and strengthen support for teachers, principals, or other school leaders based on the needs of the State, as identified by the State educational agency. (3) Consultation In developing the State application under this subsection, a State shall— (A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a State that has charter schools), parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; (B) seek advice from the individuals, organizations, or partners described in subparagraph (A) regarding how best to improve the State's activities to meet the purpose of this title; and (C) coordinate the State's activities under this part with other related strategies, programs, and activities being conducted in the State. (4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section. (e) Prohibition Nothing in this section shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control any of the following: (1) The development, improvement, or implementation of elements of any teacher, principal, or other school leader evaluation system. (2) Any State or local educational agency’s definition of teacher, principal, or other school leader effectiveness. (3) Any teacher, principal, or other school leader professional standards, certification, or licensing. 2102. Subgrants to local educational agencies (a) Allocation of funds to local educational agencies (1) In general From funds reserved by a State under section 2101(c)(1) for a fiscal year, the State, acting through the State educational agency, shall award subgrants to eligible local educational agencies from allocations described in paragraph (2). (2) Allocation formula From the funds described in paragraph (1), the State educational agency shall allocate to each of the eligible local educational agencies in the State for a fiscal year the sum of— (A) an amount that bears the same relationship to 20 percent of such funds for such fiscal year as the number of individuals aged 5 through 17 in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all eligible local educational agencies in the State, as so determined; and (B) an amount that bears the same relationship to 80 percent of the funds for such fiscal year as the number of individuals aged 5 through 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in the geographic areas served by all the eligible local educational agencies in the State, as so determined. (3) Rule of construction Nothing in this section shall be construed to prohibit a consortium of local educational agencies that are designated with a locale code of 41, 42, or 43, or such local educational agencies designated with a locale code of 41, 42, or 43 that work in cooperation with an educational service agency, from voluntarily combining allocations received under this part for the collective use of funding by the consortium for activities under this section. (b) Local applications (1) In general To be eligible to receive a subgrant under this section, a local educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2) Contents of application Each application submitted under paragraph (1) shall include the following: (A) A description of the activities to be carried out by the local educational agency under this section and how these activities will be aligned with challenging State academic standards. (B) A description of the local educational agency's systems of professional growth and improvement, such as induction for teachers, principals, or other school leaders and opportunities for building the capacity of teachers and opportunities to develop meaningful teacher leadership. (C) A description of how the local educational agency will prioritize funds to schools served by the agency that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) and have the highest percentage of children counted under section 1124(c). (D) A description of how the local educational agency will use data and ongoing consultation described in paragraph (3) to continually update and improve activities supported under this part. (E) An assurance that the local educational agency will comply with section 8501 (regarding participation by private school children and teachers). (F) An assurance that the local educational agency will coordinate professional development activities authorized under this part with professional development activities provided through other Federal, State, and local programs. (3) Consultation In developing the application described in paragraph (2), a local educational agency shall— (A) meaningfully consult with teachers, principals, other school leaders, paraprofessionals (including organizations representing such individuals), specialized instructional support personnel, charter school leaders (in a local educational agency that has charter schools), parents, community partners, and other organizations or partners with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this title; (B) seek advice from the individuals and organizations described in subparagraph (A) regarding how best to improve the local educational agency's activities to meet the purpose of this title; and (C) coordinate the local educational agency's activities under this part with other related strategies, programs, and activities being conducted in the community. (4) Limitation Consultation required under paragraph (3) shall not interfere with the timely submission of the application required under this section. 2103. Local uses of funds (a) In general A local educational agency that receives a subgrant under section 2102 shall use the funds made available through the subgrant to develop, implement, and evaluate comprehensive programs and activities described in subsection (b), which may be carried out— (1) through a grant or contract with a for-profit or nonprofit entity; or (2) in partnership with an institution of higher education or an Indian tribe or tribal organization (as such terms are defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )). (b) Types of activities The programs and activities described in this subsection— (1) shall be in accordance with the purpose of this title; (2) shall address the learning needs of all students, including children with disabilities, English learners, and gifted and talented students; and (3) may include, among other programs and activities— (A) developing or improving a rigorous, transparent, and fair evaluation and support system for teachers, principals, or other school leaders that— (i) is based in part on evidence of student achievement, which may include student growth; and (ii) shall include multiple measures of educator performance and provide clear, timely, and useful feedback to teachers, principals, or other school leaders; (B) developing and implementing initiatives to assist in recruiting, hiring, and retaining effective teachers, particularly in low-income schools with high percentages of ineffective teachers and high percentages of students who do not meet the challenging State academic standards, to improve within-district equity in the distribution of teachers, consistent with section 1111(g)(1)(B), such as initiatives that provide— (i) expert help in screening candidates and enabling early hiring; (ii) differential and incentive pay for teachers, principals, or other school leaders in high-need academic subject areas and specialty areas, which may include performance-based pay systems; (iii) teacher, paraprofessional, principal, or other school leader advancement and professional growth, and an emphasis on leadership opportunities, multiple career paths, and pay differentiation; (iv) new teacher, principal, or other school leader induction and mentoring programs that are designed to— (I) improve classroom instruction and student learning and achievement; and (II) increase the retention of effective teachers, principals, or other school leaders; (v) the development and provision of training for school leaders, coaches, mentors, and evaluators on how accurately to differentiate performance, provide useful feedback, and use evaluation results to inform decisionmaking about professional development, improvement strategies, and personnel decisions; and (vi) a system for auditing the quality of evaluation and support systems; (C) recruiting qualified individuals from other fields to become teachers, principals, or other school leaders, including mid-career professionals from other occupations, former military personnel, and recent graduates of institutions of higher education with records of academic distinction who demonstrate potential to become effective teachers, principals, or other school leaders; (D) reducing class size to a level that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, to improve student achievement through the recruiting and hiring of additional effective teachers; (E) providing high-quality, personalized professional development that is evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, for teachers, instructional leadership teams, principals, or other school leaders, that is focused on improving teaching and student learning and achievement, including supporting efforts to train teachers, principals, or other school leaders to— (i) effectively integrate technology into curricula and instruction (including education about the harms of copyright piracy); (ii) use data to improve student achievement and understand how to ensure individual student privacy is protected, as required under section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ) and State and local policies and laws in the use of such data; (iii) effectively engage parents, families, and community partners, and coordinate services between school and community; (iv) help all students develop the skills essential for learning readiness and academic success; (v) develop policy with school, local educational agency, community, or State leaders; and (vi) participate in opportunities for experiential learning through observation; (F) developing programs and activities that increase the ability of teachers to effectively teach children with disabilities, including children with significant cognitive disabilities, and English learners, which may include the use of multi-tier systems of support and positive behavioral intervention and supports, so that such children with disabilities and English learners can meet the challenging State academic standards; (G) providing programs and activities to increase— (i) the knowledge base of teachers, principals, or other school leaders on instruction in the early grades and on strategies to measure whether young children are progressing; and (ii) the ability of principals or other school leaders to support teachers, teacher leaders, early childhood educators, and other professionals to meet the needs of students through age 8, which may include providing joint professional learning and planning activities for school staff and educators in preschool programs that address the transition to elementary school; (H) providing training, technical assistance, and capacity-building in local educational agencies to assist teachers, principals, or other school leaders with selecting and implementing formative assessments, designing classroom-based assessments, and using data from such assessments to improve instruction and student academic achievement, which may include providing additional time for teachers to review student data and respond, as appropriate; (I) carrying out in-service training for school personnel in— (i) the techniques and supports needed to help educators understand when and how to refer students affected by trauma, and children with, or at risk of, mental illness; (ii) the use of referral mechanisms that effectively link such children to appropriate treatment and intervention services in the school and in the community, where appropriate; (iii) forming partnerships between school-based mental health programs and public or private mental health organizations; and (iv) addressing issues related to school conditions for student learning, such as safety, peer interaction, drug and alcohol abuse, and chronic absenteeism; (J) providing training to support the identification of students who are gifted and talented, including high-ability students who have not been formally identified for gifted education services, and implementing instructional practices that support the education of such students, such as— (i) early entrance to kindergarten; (ii) enrichment, acceleration, and curriculum compacting activities; and (iii) dual or concurrent enrollment programs in secondary school and postsecondary education; (K) supporting the instructional services provided by effective school library programs; (L) providing training for all school personnel, including teachers, principals, other school leaders, specialized instructional support personnel, and paraprofessionals, regarding how to prevent and recognize child sexual abuse; (M) developing and providing professional development and other comprehensive systems of support for teachers, principals, or other school leaders to promote high-quality instruction and instructional leadership in science, technology, engineering, and mathematics subjects, including computer science; (N) developing feedback mechanisms to improve school working conditions, including through periodically and publicly reporting results of educator support and working conditions feedback; (O) providing high-quality professional development for teachers, principals, or other school leaders on effective strategies to integrate rigorous academic content, career and technical education, and work-based learning (if appropriate), which may include providing common planning time, to help prepare students for postsecondary education and the workforce; and (P) carrying out other activities that are evidence-based, to the extent the State (in consultation with local educational agencies in the State) determines that such evidence is reasonably available, and identified by the local educational agency that meet the purpose of this title. 2104. Reporting (a) State report Each State educational agency receiving funds under this part shall annually submit to the Secretary a report that provides— (1) a description of how the State is using grant funds received under this part to meet the purpose of this title, and how such chosen activities improved teacher, principal, or other school leader effectiveness, as determined by the State or local educational agency; (2) if funds are used under this part to improve equitable access to teachers for low-income and minority students, consistent with section 1111(g)(1)(B), a description of how funds have been used to improve such access; (3) for a State that implements a teacher, principal, or other school leader evaluation and support system, consistent with section 2101(c)(4)(B)(ii), using funds under this part, the evaluation results of teachers, principals, or other school leaders, except that such information shall not provide personally identifiable information on individual teachers, principals, or other school leaders; and (4) where available, the annual retention rates of effective and ineffective teachers, principals, or other school leaders, using any methods or criteria the State has or develops under section 1111(g)(2)(A), except that nothing in this paragraph shall be construed to require any State educational agency or local educational agency to collect and report any data the State educational agency or local educational agency is not collecting or reporting as of the day before the date of enactment of the Every Student Succeeds Act. (b) Local educational agency report Each local educational agency receiving funds under this part shall submit to the State educational agency such information as the State requires, which shall include the information described in subsection (a) for the local educational agency. (c) Availability The reports and information provided under subsections (a) and (b) shall be made readily available to the public. (d) Limitation The reports and information provided under subsections (a) and (b) shall not reveal personally identifiable information about any individual. B National activities 2201. Reservations From the amounts appropriated under section 2003(b) for a fiscal year, the Secretary shall reserve— (1) to carry out activities authorized under subpart 1— (A) 49.1 percent for each of fiscal years 2017 through 2019; and (B) 47 percent for fiscal year 2020; (2) to carry out activities authorized under subpart 2— (A) 34.1 percent for each of fiscal years 2017 through 2019; and (B) 36.8 percent for fiscal year 2020; (3) to carry out activities authorized under subpart 3, 1.4 percent for each of fiscal years 2017 through 2020; and (4) to carry out activities authorized under subpart 4— (A) 15.4 percent for each of fiscal years 2017 through 2019; and (B) 14.8 percent for fiscal year 2020. 1 Teacher and School Leader Incentive Program 2211. Purposes; definitions (a) Purposes The purposes of this subpart are— (1) to assist States, local educational agencies, and nonprofit organizations to develop, implement, improve, or expand comprehensive performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders (especially for teachers, principals, or other school leaders in high-need schools) who raise student academic achievement and close the achievement gap between high- and low-performing students; and (2) to study and review performance-based compensation systems or human capital management systems for teachers, principals, or other school leaders to evaluate the effectiveness, fairness, quality, consistency, and reliability of the systems. (b) Definitions In this subpart: (1) Eligible entity The term eligible entity means— (A) a local educational agency, including a charter school that is a local educational agency, or a consortium of local educational agencies; (B) a State educational agency or other State agency designated by the chief executive of a State to participate under this subpart; (C) the Bureau of Indian Education; or (D) a partnership consisting of— (i) 1 or more agencies described in subparagraph (A), (B), or (C); and (ii) at least 1 nonprofit or for-profit entity. (2) High-need school The term high-need school means a public elementary school or secondary school that is located in an area in which the percentage of students from families with incomes below the poverty line is 30 percent or more. (3) Human capital management system The term human capital management system means a system— (A) by which a local educational agency makes and implements human capital decisions, such as decisions on preparation, recruitment, hiring, placement, retention, dismissal, compensation, professional development, tenure, and promotion; and (B) that includes a performance-based compensation system. (4) Performance-based compensation system The term performance-based compensation system means a system of compensation for teachers, principals, or other school leaders— (A) that differentiates levels of compensation based in part on measurable increases in student academic achievement; and (B) which may include— (i) differentiated levels of compensation, which may include bonus pay, on the basis of the employment responsibilities and success of effective teachers, principals, or other school leaders in hard-to-staff schools or high-need subject areas; and (ii) recognition of the skills and knowledge of teachers, principals, or other school leaders as demonstrated through— (I) successful fulfillment of additional responsibilities or job functions, such as teacher leadership roles; and (II) evidence of professional achievement and mastery of content knowledge and superior teaching and leadership skills. 2212. Teacher and school leader incentive fund grants (a) Grants authorized From the amounts reserved by the Secretary under section 2201(1), the Secretary shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to develop, implement, improve, or expand performance-based compensation systems or human capital management systems, in schools served by the eligible entity. (b) Duration of grants (1) In general A grant awarded under this subpart shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this subpart for a period of not more than 2 years if the grantee demonstrates to the Secretary that the grantee is effectively using funds. Such renewal may include allowing the grantee to scale up or replicate the successful program. (3) Limitation A local educational agency may receive (whether individually or as part of a consortium or partnership) a grant under this subpart, as amended by the Every Student Succeeds Act, only twice. (c) Applications An eligible entity desiring a grant under this subpart shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. The application shall include— (1) a description of the performance-based compensation system or human capital management system that the eligible entity proposes to develop, implement, improve, or expand through the grant; (2) a description of the most significant gaps or insufficiencies in student access to effective teachers, principals, or other school leaders in high-need schools, including gaps or inequities in how effective teachers, principals, or other school leaders are distributed across the local educational agency, as identified using factors such as data on school resources, staffing patterns, school environment, educator support systems, and other school-level factors; (3) a description and evidence of the support and commitment from teachers, principals, or other school leaders, which may include charter school leaders, in the school (including organizations representing teachers, principals, or other school leaders), the community, and the local educational agency to the activities proposed under the grant; (4) a description of how the eligible entity will develop and implement a fair, rigorous, valid, reliable, and objective process to evaluate teacher, principal, or other school leader performance under the system that is based in part on measures of student academic achievement, including the baseline performance against which evaluations of improved performance will be made; (5) a description of the local educational agencies or schools to be served under the grant, including such student academic achievement, demographic, and socioeconomic information as the Secretary may request; (6) a description of the effectiveness of teachers, principals, or other school leaders in the local educational agency and the schools to be served under the grant and the extent to which the system will increase the effectiveness of teachers, principals, or other school leaders in such schools; (7) a description of how the eligible entity will use grant funds under this subpart in each year of the grant, including a timeline for implementation of such activities; (8) a description of how the eligible entity will continue the activities assisted under the grant after the grant period ends; (9) a description of the State, local, or other public or private funds that will be used to supplement the grant, including funds under part A, and sustain the activities assisted under the grant after the end of the grant period; (10) a description of— (A) the rationale for the project; (B) how the proposed activities are evidence-based; and (C) if applicable, the prior experience of the eligible entity in developing and implementing such activities; and (11) a description of how activities funded under this subpart will be evaluated, monitored, and publically reported. (d) Award basis (1) Priority In awarding a grant under this subpart, the Secretary shall give priority to an eligible entity that concentrates the activities proposed to be assisted under the grant on teachers, principals, or other school leaders serving in high-need schools. (2) Equitable distribution To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this subpart, including the distribution of such grants between rural and urban areas. (e) Use of funds (1) In general An eligible entity that receives a grant under this subpart shall use the grant funds to develop, implement, improve, or expand, in collaboration with teachers, principals, other school leaders, and members of the public, a performance-based compensation system or human capital management system consistent with this subpart. (2) Authorized activities Grant funds under this subpart may be used for one or more of the following: (A) Developing or improving an evaluation and support system, including as part of a human capital management system as applicable, that— (i) reflects clear and fair measures of teacher, principal, or other school leader performance, based in part on demonstrated improvement in student academic achievement; and (ii) provides teachers, principals, or other school leaders with ongoing, differentiated, targeted, and personalized support and feedback for improvement, including professional development opportunities designed to increase effectiveness. (B) Conducting outreach within a local educational agency or a State to gain input on how to construct an evaluation and support system described in subparagraph (A) and to develop support for the evaluation and support system, including by training appropriate personnel in how to observe and evaluate teachers, principals, or other school leaders. (C) Providing principals or other school leaders with— (i) balanced autonomy to make budgeting, scheduling, and other school-level decisions in a manner that meets the needs of the school without compromising the intent or essential components of the policies of the local educational agency or State; and (ii) authority to make staffing decisions that meet the needs of the school, such as building an instructional leadership team that includes teacher leaders or offering opportunities for teams or pairs of effective teachers or candidates to teach or start teaching in high-need schools together. (D) Implementing, as part of a comprehensive performance-based compensation system, a differentiated salary structure, which may include bonuses and stipends, to— (i) teachers who— (I) teach in— (aa) high-need schools; or (bb) high-need subjects; (II) raise student academic achievement; or (III) take on additional leadership responsibilities; or (ii) principals or other school leaders who serve in high-need schools and raise student academic achievement in the schools. (E) Improving the local educational agency’s system and process for the recruitment, selection, placement, and retention of effective teachers, principals, or other school leaders in high-need schools, such as by improving local educational agency policies and procedures to ensure that high-need schools are competitive and timely in— (i) attracting, hiring, and retaining effective educators; (ii) offering bonuses or higher salaries to effective educators; or (iii) establishing or strengthening school leader residency programs and teacher residency programs. (F) Instituting career advancement opportunities characterized by increased responsibility and pay that reward and recognize effective teachers, principals, or other school leaders in high-need schools and enable them to expand their leadership and results, such as through teacher-led professional development, mentoring, coaching, hybrid roles, administrative duties, and career ladders. (f) Matching requirement Each eligible entity that receives a grant under this subpart shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant (which may be provided in cash or in kind) to carry out the activities supported by the grant. (g) Supplement, not supplant Grant funds provided under this subpart shall be used to supplement, not supplant, other Federal or State funds available to carry out activities described in this subpart. 2213. Reports (a) Activities summary Each eligible entity receiving a grant under this subpart shall provide to the Secretary a summary of the activities assisted under the grant. (b) Report The Secretary shall provide to Congress an annual report on the implementation of the program carried out under this subpart, including— (1) information on eligible entities that received grant funds under this subpart, including— (A) information provided by eligible entities to the Secretary in the applications submitted under section 2212(c); (B) the summaries received under subsection (a); and (C) grant award amounts; and (2) student academic achievement and, as applicable, growth data from the schools participating in the programs supported under the grant. (c) Evaluation and technical assistance (1) Reservation of funds Of the total amount reserved for this subpart for a fiscal year, the Secretary may reserve for such fiscal year not more than 1 percent for the cost of the evaluation under paragraph (2) and for technical assistance in carrying out this subpart. (2) Evaluation From amounts reserved under paragraph (1), the Secretary, acting through the Director of the Institute of Education Sciences, shall carry out an independent evaluation to measure the effectiveness of the program assisted under this subpart. (3) Contents The evaluation under paragraph (2) shall measure— (A) the effectiveness of the program in improving student academic achievement; (B) the satisfaction of the participating teachers, principals, or other school leaders; and (C) the extent to which the program assisted the eligible entities in recruiting and retaining high-quality teachers, principals, or other school leaders, especially in high-need subject areas. 2 Literacy education for all, results for the Nation 2221. Purposes; definitions (a) Purposes The purposes of this subpart are— (1) to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and (2) for States to provide targeted subgrants to early childhood education programs and local educational agencies and their public or private partners to implement evidence-based programs that ensure high-quality comprehensive literacy instruction for students most in need. (b) Definitions In this subpart: (1) Comprehensive literacy instruction The term comprehensive literacy instruction means instruction that— (A) includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas; (B) includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (C) includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (D) makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (E) uses differentiated instructional approaches, including individual and small group instruction and discussion; (F) provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (G) includes frequent practice of reading and writing strategies; (H) uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction; (I) uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (J) incorporates the principles of universal design for learning; (K) depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and (L) links literacy instruction to the challenging State academic standards, including the ability to navigate, understand, and write about, complex print and digital subject matter. (2) Eligible entity The term eligible entity means an entity that consists of— (A) one or more local educational agencies that serve a high percentage of high-need schools and— (i) have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (ii) are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(2); or (iii) serve a significant number or percentage of schools that are implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d); (B) one or more early childhood education programs serving low-income or otherwise disadvantaged children, which may include home-based literacy programs for preschool-aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or (C) a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or an early childhood education program, which may include home-based literacy programs for preschool-aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include early childhood education programs) that have a demonstrated record of effectiveness in— (i) improving literacy achievement of children, consistent with the purposes of participation under this subpart, from birth through grade 12; and (ii) providing professional development in comprehensive literacy instruction. (3) High-need school (A) In general The term high-need school means— (i) an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii) a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. (B) Low-income family For purposes of subparagraph (A), the term low-income family means a family— (i) in which the children are eligible for a free or reduced-price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (ii) receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (iii) in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). 2222. Comprehensive literacy State development grants (a) Grants authorized From the amounts reserved by the Secretary under section 2201(2) and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to— (1) provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of children from low-income families; and (2) develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities. (b) Reservation From the amounts reserved to carry out this subpart for a fiscal year, the Secretary shall reserve— (1) not more than a total of 5 percent for national activities, including a national evaluation, technical assistance and training, data collection, and reporting; (2) one half of 1 percent for the Secretary of the Interior to carry out a program described in this subpart at schools operated or funded by the Bureau of Indian Education; and (3) one half of 1 percent for the outlying areas to carry out a program under this subpart. (c) Duration of grants A grant awarded under this subpart shall be for a period of not more than 5 years total. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that— (1) the State has made adequate progress; and (2) renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d). (d) State applications (1) In general A State educational agency desiring a grant under this subpart shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection. (2) Contents An application described in paragraph (1) shall include, at a minimum, the following: (A) A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most significant gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the subgroups of students, as defined in section 1111(c)(2). (B) A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan. (C) An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (f). (D) An assurance that the State educational agency will use implementation grant funds described in subsection (f)(1) for comprehensive literacy instruction programs as follows: (i) Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii) Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (E) An assurance that the State educational agency will give priority in awarding a subgrant under section 2223 to an eligible entity that— (i) serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or (ii) is a local educational agency serving a high number or percentage of high-need schools. (e) Priority In awarding grants under this section, the Secretary shall give priority to State educational agencies that will use the grant funds for evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). (f) State activities (1) In general A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process. (2) Reservation A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities: (A) Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs. (B) Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods. (C) Reviewing and updating, in collaboration with teachers and institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (D) Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement. (E) Administering and monitoring the implementation of subgrants by eligible entities. (3) Additional uses After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities: (A) Developing literacy coach training programs and training literacy coaches. (B) Administration and evaluation of activities carried out under this subpart. 2223. Subgrants to eligible entities in support of birth through kindergarten entry literacy (a) Subgrants (1) In general A State educational agency receiving a grant under this subpart shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A)(i) ), use a portion of the grant funds, in accordance with section 2222(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (b) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1) how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, including through high-quality professional development; (3) how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; and (4) how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry. (c) Priority In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use the grant funds to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). (d) Local uses of funds An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), to— (1) carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders; (2) train providers and personnel to develop and administer evidence-based early childhood education literacy initiatives; and (3) coordinate the involvement of families, early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant. 2224. Subgrants to eligible entities in support of kindergarten through grade 12 literacy (a) Subgrants to eligible entities (1) Subgrants A State educational agency receiving a grant under this subpart shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2222(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (c) and (d). (2) Duration The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3) Sufficient size and scope A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided. (4) Local applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A) A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B) How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other instructional leaders served by the school. (C) How the school will identify children in need of literacy interventions or other support services. (D) An explanation of how the school will integrate comprehensive literacy instruction into a well-rounded education. (E) A description of how the school will coordinate comprehensive literacy instruction with early childhood education programs and activities and after-school programs and activities in the area served by the local educational agency. (b) Priority In awarding grants under this section, the State educational agency shall give priority to an eligible entity that will use funds under subsection (c) or (d) to implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). (c) Local uses of funds for kindergarten through grade 5 An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1) Developing and implementing a comprehensive literacy instruction plan across content areas for such children that— (A) serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B) provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C) supports activities that are provided primarily during the regular school day but that may be augmented by after-school and out-of-school time instruction. (2) Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program staff. (3) Training principals, specialized instructional support personnel, and other local educational agency personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives. (4) Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appropriate) in the literacy development of children served under this subsection. (5) Engaging families and encouraging family literacy experiences and practices to support literacy development. (d) Local uses of funds for grades 6 through 12 An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1) Developing and implementing a comprehensive literacy instruction plan described in subsection (c)(1) for children in grades 6 through 12. (2) Training principals, specialized instructional support personnel, school librarians, and other local educational agency personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12. (3) Assessing the quality of adolescent comprehensive literacy instruction as part of a well-rounded education. (4) Providing time for teachers to meet to plan evidence-based adolescent comprehensive literacy instruction to be delivered as part of a well-rounded education. (5) Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy development of children served under this subsection. (e) Allowable uses An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsections (c) and (d), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1) Recruiting, placing, training, and compensating literacy coaches. (2) Connecting out-of-school learning opportunities to in-school learning in order to improve children's literacy achievement. (3) Training families and caregivers to support the improvement of adolescent literacy. (4) Providing for a multi-tier system of supports for literacy services. (5) Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (6) Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction. 2225. National evaluation and information dissemination (a) National evaluation From funds reserved under section 2222(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this subpart. Such evaluation shall include high-quality research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact. (b) Program improvement The Secretary shall— (1) provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (2) make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences; (3) submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives; and (4) make publicly available, in a manner consistent with paragraph (2), best practices for implementing evidence-based activities under this subpart, including evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). 2226. Innovative approaches to literacy (a) In general From amounts reserved under section 2201(2), the Secretary may award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of promoting literacy programs that support the development of literacy skills in low-income communities, including— (1) developing and enhancing effective school library programs, which may include providing professional development for school librarians, books, and up-to-date materials to high-need schools; (2) early literacy services, including pediatric literacy programs through which, during well-child visits, medical providers trained in research-based methods of early language and literacy promotion provide developmentally appropriate books and recommendations to parents to encourage them to read aloud to their children starting in infancy; and (3) programs that provide high-quality books on a regular basis to children and adolescents from low-income communities to increase reading motivation, performance, and frequency. (b) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; (B) a consortium of such local educational agencies; (C) the Bureau of Indian Education; or (D) an eligible national nonprofit organization. (2) Eligible national nonprofit organization The term eligible national nonprofit organization means an organization of national scope that— (A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and (B) demonstrates effectiveness or high-quality plans for addressing childhood literacy activities for the population targeted by the grant. 3 American history and civics education 2231. Program authorized (a) In general From the amount reserved by the Secretary under section 2201(3), the Secretary is authorized to carry out an American history and civics education program to improve— (1) the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and (2) the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history. (b) Funding allotment Of the amount available under subsection (a) for a fiscal year, the Secretary— (1) shall reserve not less than 26 percent for activities under section 2232; and (2) may reserve not more than 74 percent for activities under section 2233. 2232. Presidential and congressional academies for american history and civics (a) In general From the amounts reserved under section 2231(b)(1) for a fiscal year, the Secretary shall award not more than 12 grants, on a competitive basis, to— (1) eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the Presidential Academies ) in accordance with subsection (e); and (2) eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the Congressional Academies ) in accordance with subsection (f). (b) Application An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (c) Eligible entity The term eligible entity under this section means— (1) an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or (2) a consortium of entities described in paragraph (1). (d) Grant terms Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years. (e) Presidential academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which— (A) provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics; (B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C) is conducted during the summer or other appropriate time; and (D) is of not less than 2 weeks and not more than 6 weeks in duration. (2) Selection of teachers Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1). (3) Teacher stipends Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute. (4) Priority In awarding grants under subsection (a)(1), the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks. (f) Congressional academies (1) Use of funds Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which— (A) broadens and deepens such students’ understanding of American history and civics; (B) is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C) is conducted during the summer or other appropriate time; and (D) is of not less than 2 weeks and not more than 6 weeks in duration. (2) Selection of students (A) In general Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1). (B) Eligible students A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student— (i) is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and (ii) will be a secondary school junior or senior in the academic year following attendance at the seminar or institute. (3) Student stipends Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute. (g) Matching funds (1) In general An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. (2) Waiver The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f). 2233. National activities (a) Purpose The purpose of this section is to promote new and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, or other school leaders, particularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations. (b) In general From the amounts reserved by the Secretary under section 2231(b)(2), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of expanding, developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidence-based approaches or professional development programs in American history, civics and government, and geography, which— (1) shall— (A) show potential to improve the quality of student achievement in, and teaching of, American history, civics and government, or geography, in elementary schools and secondary schools; and (B) demonstrate innovation, scalability, accountability, and a focus on underserved populations; and (2) may include— (A) hands-on civic engagement activities for teachers and students; and (B) programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights. (c) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period. (3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (d) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (e) Eligible entity In this section, the term eligible entity means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches with the potential to improve the quality of American history, civics and government, or geography learning and teaching. 4 Programs of national significance 2241. Funding allotment From the funds reserved under section 2201(4), the Secretary— (1) shall use not less than 74 percent to carry out activities under section 2242; (2) shall use not less than 22 percent to carry out activities under section 2243; (3) shall use not less than 2 percent to carry out activities under section 2244; and (4) may reserve not more than 2 percent to carry out activities under section 2245. 2242. Supporting effective educator development (a) In general From the funds reserved by the Secretary under section 2241(1) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1) providing teachers, principals, or other school leaders from nontraditional preparation and certification routes or pathways to serve in traditionally underserved local educational agencies; (2) providing evidence-based professional development activities that address literacy, numeracy, remedial, or other needs of local educational agencies and the students the agencies serve; (3) providing teachers, principals, or other school leaders with professional development activities that enhance or enable the provision of postsecondary coursework through dual or concurrent enrollment programs and early college high school settings across a local educational agency; (4) making freely available services and learning opportunities to local educational agencies, through partnerships and cooperative agreements or by making the services or opportunities publicly accessible through electronic means; or (5) providing teachers, principals, or other school leaders with evidence-based professional enhancement activities, which may include activities that lead to an advanced credential. (b) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years. (2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period. (3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (4) Limitation The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition. (c) Cost-sharing (1) In general An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section. (2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. (3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship. (d) Applications In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Such application shall include, at a minimum, a certification that the services provided by an eligible entity under the grant to a local educational agency or to a school served by the local educational agency will not result in direct fees for participating students or parents. (e) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity that will implement evidence-based activities, defined for the purpose of this subsection as activities meeting the requirements of section 8101(21)(A)(i). (f) Definition of eligible entity In this section, the term eligible entity means— (1) an institution of higher education that provides course materials or resources that are evidence-based in increasing academic achievement, graduation rates, or rates of postsecondary education matriculation; (2) a national nonprofit entity with a demonstrated record of raising student academic achievement, graduation rates, and rates of higher education attendance, matriculation, or completion, or of effectiveness in providing preparation and professional development activities and programs for teachers, principals, or other school leaders; (3) the Bureau of Indian Education; or (4) a partnership consisting of— (A) 1 or more entities described in paragraph (1) or (2); and (B) a for-profit entity. 2243. School leader recruitment and support (a) In general From the funds reserved under section 2241(2) for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible entities to enable such entities to improve the recruitment, preparation, placement, support, and retention of effective principals or other school leaders in high-need schools, which may include— (1) developing or implementing leadership training programs designed to prepare and support principals or other school leaders in high-need schools, including through new or alternative pathways or school leader residency programs; (2) developing or implementing programs or activities for recruiting, selecting, and developing aspiring or current principals or other school leaders to serve in high-need schools; (3) developing or implementing programs for recruiting, developing, and placing school leaders to improve schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d), including through cohort-based activities that build effective instructional and school leadership teams and develop a school culture, design, instructional program, and professional development program focused on improving student learning; (4) providing continuous professional development for principals or other school leaders in high-need schools; (5) developing and disseminating information on best practices and strategies for effective school leadership in high-need schools, such as training and supporting principals to identify, develop, and maintain school leadership teams using various leadership models; and (6) other evidence-based programs or activities described in section 2101(c)(4) or section 2103(b)(3) focused on principals or other school leaders in high-need schools. (b) Program periods and diversity of projects (1) In general A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 5 years. (2) Renewal The Secretary may renew a grant awarded under this section for 1 additional 2-year period. (3) Diversity of projects In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (4) Limitation The Secretary shall not award more than 1 grant under this section to an eligible entity during a grant competition. (c) Cost-sharing (1) In general An eligible entity that receives a grant under this section shall provide, from non-Federal sources, not less than 25 percent of the funds for the total cost for each year of activities carried out under this section. (2) Acceptable contributions An eligible entity that receives a grant under this section may meet the requirement of paragraph (1) by providing contributions in cash or in kind, fairly evaluated, including plant, equipment, and services. (3) Waivers The Secretary may waive or modify the requirement of paragraph (1) in cases of demonstrated financial hardship. (d) Applications An eligible entity that desires a grant under this section shall submit to the Secretary an application at such time, and in such manner, as the Secretary may require. (e) Priority In awarding grants under this section, the Secretary shall give priority to an eligible entity— (1) with a record of preparing or developing principals who— (A) have improved school-level student outcomes; (B) have become principals in high-need schools; and (C) remain principals in high-need schools for multiple years; and (2) who will implement evidence-based activities, defined for the purpose of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). (f) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency, including an educational service agency, that serves a high-need school or a consortium of such agencies; (B) a State educational agency or a consortium of such agencies; (C) a State educational agency in partnership with 1 or more local educational agencies, or educational service agencies, that serve a high-need school; (D) the Bureau of Indian Education; or (E) an entity described in subparagraph (A), (B), (C), or (D) in partnership with 1 or more nonprofit organizations or institutions of higher education. (2) High-need school The term high-need school means— (A) an elementary school in which not less than 50 percent of the enrolled students are from families with incomes below the poverty line; or (B) a secondary school in which not less than 40 percent of the enrolled students are from families with incomes below the poverty line. 2244. Technical assistance and national evaluation (a) In general From the funds reserved under section 2241(3) for a fiscal year, the Secretary— (1) shall establish, in a manner consistent with section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ), a comprehensive center on students at risk of not attaining full literacy skills due to a disability that meets the purposes of subsection (b); and (2) may— (A) provide technical assistance, which may be carried out directly or through grants or contracts, to States and local educational agencies carrying out activities under this part; and (B) carry out evaluations of activities by States and local educational agencies under this part, which shall be conducted by a third party or by the Institute of Education Sciences. (b) Purposes The comprehensive center established by the Secretary under subsection (a)(1) shall— (1) identify or develop free or low-cost evidence-based assessment tools for identifying students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning; (2) identify evidence-based literacy instruction, strategies, and accommodations, including assistive technology, designed to meet the specific needs of such students; (3) provide families of such students with information to assist such students; (4) identify or develop evidence-based professional development for teachers, paraprofessionals, principals, other school leaders, and specialized instructional support personnel to— (A) understand early indicators of students at risk of not attaining full literacy skills due to a disability, including dyslexia impacting reading or writing, or developmental delay impacting reading, writing, language processing, comprehension, or executive functioning; (B) use evidence-based screening assessments for early identification of such students beginning not later than kindergarten; and (C) implement evidence-based instruction designed to meet the specific needs of such students; and (5) disseminate the products of the comprehensive center to regionally diverse State educational agencies, local educational agencies, regional educational agencies, and schools, including, as appropriate, through partnerships with other comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ), and regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9564 ). 2245. STEM master teacher corps (a) In general From the funds reserved under section 2241(4) for a fiscal year, the Secretary may award grants to— (1) State educational agencies to enable such agencies to support the development of a State-wide STEM master teacher corps; or (2) State educational agencies, or nonprofit organizations in partnership with State educational agencies, to support the implementation, replication, or expansion of effective science, technology, engineering, and mathematics professional development programs in schools across the State through collaboration with school administrators, principals, and STEM educators. (b) STEM master teacher corps In this section, the term STEM master teacher corps means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by— (1) selecting candidates to be master teachers in the corps on the basis of— (A) content knowledge based on a screening examination; and (B) pedagogical knowledge of and success in teaching; (2) offering such teachers opportunities to— (A) work with one another in scholarly communities; and (B) participate in and lead high-quality professional development; and (3) providing such teachers with additional appropriate and substantial compensation for the work described in paragraph (2) and in the master teacher community. C General provisions 2301. Supplement, not supplant Funds made available under this title shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this title. 2302. Rules of construction (a) Prohibition against Federal mandates, direction, or control Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s— (1) instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments; (2) teacher, principal, or other school leader evaluation system; (3) specific definition of teacher, principal, or other school leader effectiveness; or (4) teacher, principal, or other school leader professional standards, certification, or licensing. (b) School or district employees Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. . III Language instruction for English learners and immigrant students 3001. Redesignation of certain provisions Title III ( 20 U.S.C. 6801 et seq. ) is amended— (1) by striking the title heading and inserting Language instruction for English learners and immigrant students ; (2) in part A— (A) by striking section 3122; (B) by redesignating sections 3123 through 3129 as sections 3122 through 3128, respectively; and (C) by striking subpart 4; (3) by striking part B; (4) by redesignating part C as part B; and (5) in part B, as redesignated by paragraph (4)— (A) by redesignating section 3301 as section 3201; (B) by striking section 3302; and (C) by redesignating sections 3303 and 3304 as sections 3202 and 3203, respectively. 3002. Authorization of appropriations Section 3001 ( 20 U.S.C. 6801 ) is amended to read as follows: 3001. Authorization of appropriations There are authorized to be appropriated to carry out this title— (1) $756,332,450 for fiscal year 2017; (2) $769,568,267 for fiscal year 2018; (3) $784,959,633 for fiscal year 2019; and (4) $884,959,633 for fiscal year 2020. . 3003. English language acquisition, language enhancement, and academic achievement (a) Purposes Section 3102 ( 20 U.S.C. 6812 ) is amended to read as follows: 3102. Purposes The purposes of this part are— (1) to help ensure that English learners, including immigrant children and youth, attain English proficiency and develop high levels of academic achievement in English; (2) to assist all English learners, including immigrant children and youth, to achieve at high levels in academic subjects so that all English learners can meet the same challenging State academic standards that all children are expected to meet; (3) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, local educational agencies, and schools in establishing, implementing, and sustaining effective language instruction educational programs designed to assist in teaching English learners, including immigrant children and youth; (4) to assist teachers (including preschool teachers), principals and other school leaders, State educational agencies, and local educational agencies to develop and enhance their capacity to provide effective instructional programs designed to prepare English learners, including immigrant children and youth, to enter all-English instructional settings; and (5) to promote parental, family, and community participation in language instruction educational programs for the parents, families, and communities of English learners. . (b) Formula grants to States Section 3111 ( 20 U.S.C. 6821 ) is amended— (1) in subsection (b)— (A) in paragraph (2), by striking subparagraphs (A) through (D) and inserting the following: (A) Establishing and implementing, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized statewide entrance and exit procedures, including a requirement that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State. (B) Providing effective teacher and principal preparation, effective professional development activities, and other effective activities related to the education of English learners, which may include assisting teachers, principals, and other educators in— (i) meeting State and local certification and licensing requirements for teaching English learners; and (ii) improving teaching skills in meeting the diverse needs of English learners, including how to implement effective programs and curricula on teaching English learners. (C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1). (D) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in— (i) identifying and implementing effective language instruction educational programs and curricula for teaching English learners; (ii) helping English learners meet the same challenging State academic standards that all children are expected to meet; (iii) identifying or developing, and implementing, measures of English proficiency; and (iv) strengthening and increasing parent, family, and community engagement in programs that serve English learners. (E) Providing recognition, which may include providing financial awards, to recipients of subgrants under section 3115 that have significantly improved the achievement and progress of English learners in meeting— (i) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State's English language proficiency assessment under section 1111(b)(2)(G); and (ii) the challenging State academic standards. ; (B) in paragraph (3)— (i) in the paragraph heading, by striking Administrative and inserting Direct administrative ; (ii) by striking 60 percent and inserting 50 percent ; and (iii) by inserting direct before administrative costs ; and (2) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking section 3001(a) and inserting section 3001 ; (ii) in subparagraph (B), by inserting and after the semicolon; (iii) by striking subparagraph (C) and inserting the following: (C) 6.5 percent of such amount for national activities under sections 3131 and 3202, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 3202. ; and (iv) by striking subparagraph (D); (B) by striking paragraphs (2) and (4); (C) by redesignating paragraph (3) as paragraph (2); (D) in paragraph (2)(A), as redesignated by subparagraph (C)— (i) in the matter preceding clause (i), by striking section 3001(a) and inserting section 3001 ; (ii) in clause (i), by striking limited English proficient and all that follows through States; and and inserting English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and ; and (iii) in clause (ii), by inserting , as determined in accordance with paragraph (3)(B) before the period at the end; and (E) by adding at the end the following: (3) Use of data for determinations In making State allotments under paragraph (2) for each fiscal year, the Secretary shall— (A) determine the number of English learners in a State and in all States, using the most accurate, up-to-date data, which shall be— (i) data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates; (ii) the number of students being assessed for English language proficiency, based on the State's English language proficiency assessment under section 1111(b)(2)(G), which may be multiyear estimates; or (iii) a combination of data available under clauses (i) and (ii); and (B) determine the number of immigrant children and youth in the State and in all States based only on data available from the American Community Survey conducted by the Department of Commerce, which may be multiyear estimates. . (c) Native American and Alaska Native children in school Section 3112(a) ( 20 U.S.C. 6822(a) ) is amended by striking Bureau of Indian Affairs each place the term appears and inserting Bureau of Indian Education . (d) State and specially qualified agency plans Section 3113 ( 20 U.S.C. 6823 ) is amended— (1) in subsection (a), by striking , in such manner, and containing such information and inserting and in such manner ; (2) in subsection (b)— (A) in paragraph (1), by striking making and inserting awarding ; and (B) by striking paragraphs (2) through (6) and inserting the following: (2) describe how the agency will establish and implement, with timely and meaningful consultation with local educational agencies representing the geographic diversity of the State, standardized, statewide entrance and exit procedures, including an assurance that all students who may be English learners are assessed for such status within 30 days of enrollment in a school in the State; (3) provide an assurance that— (A) the agency will ensure that eligible entities receiving a subgrant under this subpart comply with the requirement in section 1111(b)(2)(B)(ix) regarding assessment of English learners in English; (B) the agency will ensure that eligible entities receiving a subgrant under this subpart annually assess the English proficiency of all English learners participating in a program funded under this subpart, consistent with section 1111(b)(2)(G); (C) in awarding subgrants under section 3114, the agency will address the needs of school systems of all sizes and in all geographic areas, including school systems with rural and urban schools; (D) subgrants to eligible entities under section 3114(d)(1) will be of sufficient size and scope to allow such entities to carry out effective language instruction educational programs for English learners; (E) the agency will require an eligible entity receiving a subgrant under this subpart to use the subgrant in ways that will build such recipient’s capacity to continue to offer effective language instruction educational programs that assist English learners in meeting challenging State academic standards; (F) the agency will monitor each eligible entity receiving a subgrant under this subpart for compliance with applicable Federal fiscal requirements; and (G) the plan has been developed in consultation with local educational agencies, teachers, administrators of programs implemented under this subpart, parents of English learners, and other relevant stakeholders; (4) describe how the agency will coordinate its programs and activities under this subpart with other programs and activities under this Act and other Acts, as appropriate; (5) describe how each eligible entity will be given the flexibility to teach English learners— (A) using a high-quality, effective language instruction curriculum for teaching English learners; and (B) in the manner the eligible entity determines to be the most effective; (6) describe how the agency will assist eligible entities in meeting— (A) the State-designed long-term goals established under section 1111(c)(4)(A)(ii), including measurements of interim progress towards meeting such goals, based on the State's English language proficiency assessment under section 1111(b)(2)(G); and (B) the challenging State academic standards; (7) describe how the agency will meet the unique needs of children and youth in the State being served through the reservation of funds under section 3114(d); and (8) describe— (A) how the agency will monitor the progress of each eligible entity receiving a subgrant under this subpart in helping English learners achieve English proficiency; and (B) the steps the agency will take to further assist eligible entities if the strategies funded under this subpart are not effective, such as providing technical assistance and modifying such strategies. ; (3) in subsection (d)— (A) in paragraph (1), by striking this part each place the term appears and inserting this subpart ; and (B) in paragraph (2)(B), by striking this part and inserting this subpart ; (4) in subsection (e), by striking section 9302 and inserting section 8302 ; and (5) in subsection (f)— (A) by inserting by the State after if requested ; and (B) by striking , objectives, . (e) Within-State Allocations Section 3114 ( 20 U.S.C. 6824 ) is amended— (1) by striking subsection (a) and inserting the following: (a) In general After making the reservation required under subsection (d)(1), each State educational agency receiving a grant under section 3111(c)(2) shall award subgrants for a fiscal year by allocating in a timely manner to each eligible entity in the State having a plan approved under section 3116 an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of English learners in schools served by the eligible entity bears to the population of English learners in schools served by all eligible entities in the State. ; and (2) in subsection (d)(1)— (A) by striking section 3111(c)(3) and inserting section 3111(c)(2) ; and (B) by striking preceding the fiscal year . (f) Subgrants to eligible entities Section 3115 ( 20 U.S.C. 6825 ) is amended to read as follows: 3115. Subgrants to eligible entities (a) Purposes of subgrants A State educational agency may make a subgrant to an eligible entity from funds received by the agency under this subpart only if the entity agrees to expend the funds to improve the education of English learners by assisting the children to learn English and meet the challenging State academic standards. In carrying out activities with such funds, the eligible entity shall use effective approaches and methodologies for teaching English learners and immigrant children and youth for the following purposes: (1) Developing and implementing new language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth, including early childhood education programs, elementary school programs, and secondary school programs. (2) Carrying out highly focused, innovative, locally designed activities to expand or enhance existing language instruction educational programs and academic content instructional programs for English learners and immigrant children and youth. (3) Implementing, within an individual school, schoolwide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (4) Implementing, within the entire jurisdiction of a local educational agency, agencywide programs for restructuring, reforming, and upgrading all relevant programs, activities, and operations relating to language instruction educational programs and academic content instruction for English learners and immigrant children and youth. (b) Direct administrative expenses Each eligible entity receiving funds under section 3114(a) for a fiscal year may use not more than 2 percent of such funds for the cost of administering this subpart. (c) Required subgrantee activities An eligible entity receiving funds under section 3114(a) shall use the funds— (1) to increase the English language proficiency of English learners by providing effective language instruction educational programs that meet the needs of English learners and demonstrate success in increasing— (A) English language proficiency; and (B) student academic achievement; (2) to provide effective professional development to classroom teachers (including teachers in classroom settings that are not the settings of language instruction educational programs), principals and other school leaders, administrators, and other school or community-based organizational personnel, that is— (A) designed to improve the instruction and assessment of English learners; (B) designed to enhance the ability of such teachers, principals, and other school leaders to understand and implement curricula, assessment practices and measures, and instructional strategies for English learners; (C) effective in increasing children’s English language proficiency or substantially increasing the subject matter knowledge, teaching knowledge, and teaching skills of such teachers; and (D) of sufficient intensity and duration (which shall not include activities such as 1-day or short-term workshops and conferences) to have a positive and lasting impact on the teachers’ performance in the classroom, except that this subparagraph shall not apply to an activity that is one component of a long-term, comprehensive professional development plan established by a teacher and the teacher’s supervisor based on an assessment of the needs of the teacher, the supervisor, the students of the teacher, and any local educational agency employing the teacher, as appropriate; and (3) to provide and implement other effective activities and strategies that enhance or supplement language instruction educational programs for English learners, which— (A) shall include parent, family, and community engagement activities; and (B) may include strategies that serve to coordinate and align related programs. (d) Authorized subgrantee activities Subject to subsection (c), an eligible entity receiving funds under section 3114(a) may use the funds to achieve any of the purposes described in subsection (a) by undertaking 1 or more of the following activities: (1) Upgrading program objectives and effective instructional strategies. (2) Improving the instructional program for English learners by identifying, acquiring, and upgrading curricula, instructional materials, educational software, and assessment procedures. (3) Providing to English learners— (A) tutorials and academic or career and technical education; and (B) intensified instruction, which may include materials in a language that the student can understand, interpreters, and translators. (4) Developing and implementing effective preschool, elementary school, or secondary school language instruction educational programs that are coordinated with other relevant programs and services. (5) Improving the English language proficiency and academic achievement of English learners. (6) Providing community participation programs, family literacy services, and parent and family outreach and training activities to English learners and their families— (A) to improve the English language skills of English learners; and (B) to assist parents and families in helping their children to improve their academic achievement and becoming active participants in the education of their children. (7) Improving the instruction of English learners, which may include English learners with a disability, by providing for— (A) the acquisition or development of educational technology or instructional materials; (B) access to, and participation in, electronic networks for materials, training, and communication; and (C) incorporation of the resources described in subparagraphs (A) and (B) into curricula and programs, such as those funded under this subpart. (8) Offering early college high school or dual or concurrent enrollment programs or courses designed to help English learners achieve success in postsecondary education. (9) Carrying out other activities that are consistent with the purposes of this section. (e) Activities by agencies experiencing substantial increases in immigrant children and youth (1) In general An eligible entity receiving funds under section 3114(d)(1) shall use the funds to pay for activities that provide enhanced instructional opportunities for immigrant children and youth, which may include— (A) family literacy, parent and family outreach, and training activities designed to assist parents and families to become active participants in the education of their children; (B) recruitment of, and support for, personnel, including teachers and paraprofessionals who have been specifically trained, or are being trained, to provide services to immigrant children and youth; (C) provision of tutorials, mentoring, and academic or career counseling for immigrant children and youth; (D) identification, development, and acquisition of curricular materials, educational software, and technologies to be used in the program carried out with awarded funds; (E) basic instructional services that are directly attributable to the presence of immigrant children and youth in the local educational agency involved, including the payment of costs of providing additional classroom supplies, costs of transportation, or such other costs as are directly attributable to such additional basic instructional services; (F) other instructional services that are designed to assist immigrant children and youth to achieve in elementary schools and secondary schools in the United States, such as programs of introduction to the educational system and civics education; and (G) activities, coordinated with community-based organizations, institutions of higher education, private sector entities, or other entities with expertise in working with immigrants, to assist parents and families of immigrant children and youth by offering comprehensive community services. (2) Duration of subgrants The duration of a subgrant made by a State educational agency under section 3114(d)(1) shall be determined by the agency in its discretion. (f) Selection of method of instruction (1) In general To receive a subgrant from a State educational agency under this subpart, an eligible entity shall select one or more methods or forms of effective instruction to be used in the programs and activities undertaken by the entity to assist English learners to attain English language proficiency and meet challenging State academic standards. (2) Consistency The selection described in paragraph (1) shall be consistent with sections 3124 through 3126. (g) Supplement, not supplant Federal funds made available under this subpart shall be used so as to supplement the level of Federal, State, and local public funds that, in the absence of such availability, would have been expended for programs for English learners and immigrant children and youth and in no case to supplant such Federal, State, and local public funds. . (g) Local plans Section 3116 ( 20 U.S.C. 6826 ) is amended— (1) in subsection (b), by striking paragraphs (1) through (6) and inserting the following: (1) describe the effective programs and activities, including language instruction educational programs, proposed to be developed, implemented, and administered under the subgrant that will help English learners increase their English language proficiency and meet the challenging State academic standards; (2) describe how the eligible entity will ensure that elementary schools and secondary schools receiving funds under this subpart assist English learners in— (A) achieving English proficiency based on the State's English language proficiency assessment under section 1111(b)(2)(G), consistent with the State’s long-term goals, as described in section 1111(c)(4)(A)(ii); and (B) meeting the challenging State academic standards; (3) describe how the eligible entity will promote parent, family, and community engagement in the education of English learners; (4) contain assurances that— (A) each local educational agency that is included in the eligible entity is complying with section 1112(e) prior to, and throughout, each school year as of the date of application; (B) the eligible entity is not in violation of any State law, including State constitutional law, regarding the education of English learners, consistent with sections 3125 and 3126; (C) the eligible entity consulted with teachers, researchers, school administrators, parents and family members, community members, public or private entities, and institutions of higher education, in developing and implementing such plan; and (D) the eligible entity will, if applicable, coordinate activities and share relevant data under the plan with local Head Start and Early Head Start agencies, including migrant and seasonal Head Start agencies, and other early childhood education providers. ; (2) in subsection (c), by striking limited English proficient children and inserting English learners ; and (3) by striking subsection (d). (h) Reporting Section 3121 ( 20 U.S.C. 6841 ) is amended to read as follows: 3121. Reporting (a) In general Each eligible entity that receives a subgrant from a State educational agency under subpart 1 shall provide such agency, at the conclusion of every second fiscal year during which the subgrant is received, with a report, in a form prescribed by the agency, on the activities conducted and children served under such subpart that includes— (1) a description of the programs and activities conducted by the entity with funds received under subpart 1 during the 2 immediately preceding fiscal years, which shall include a description of how such programs and activities supplemented programs funded primarily with State or local funds; (2) the number and percentage of English learners in the programs and activities who are making progress toward achieving English language proficiency, as described in section 1111(c)(4)(A)(ii), in the aggregate and disaggregated, at a minimum, by English learners with a disability; (3) the number and percentage of English learners in the programs and activities attaining English language proficiency based on State English language proficiency standards established under section 1111(b)(1)(G) by the end of each school year, as determined by the State’s English language proficiency assessment under section 1111(b)(2)(G); (4) the number and percentage of English learners who exit the language instruction educational programs based on their attainment of English language proficiency; (5) the number and percentage of English learners meeting challenging State academic standards for each of the 4 years after such children are no longer receiving services under this part, in the aggregate and disaggregated, at a minimum, by English learners with a disability; (6) the number and percentage of English learners who have not attained English language proficiency within 5 years of initial classification as an English learner and first enrollment in the local educational agency; and (7) any other information that the State educational agency may require. (b) Use of Report A report provided by an eligible entity under subsection (a) shall be used by the entity and the State educational agency for improvement of programs and activities under this part. (c) Special rule for specially qualified agencies Each specially qualified agency receiving a grant under subpart 1 shall provide the reports described in subsection (a) to the Secretary subject to the same requirements as apply to eligible entities providing such evaluations to State educational agencies under such subsection. . (i) Biennial Reports Section 3122 ( 20 U.S.C. 6843 ), as redesignated by section 3001(2)(B), is amended— (1) in the section heading, by striking Reporting requirements and inserting Biennial Reports ; (2) in subsection (a)— (A) by striking evaluations and inserting reports ; and (B) by striking children who are limited English proficient and inserting English learners ; and (3) in subsection (b)— (A) in paragraph (1)— (i) by striking limited English proficient children and inserting English learners ; and (ii) by striking children who are limited English proficient and inserting English learners ; (B) in paragraph (2), by striking limited English proficient children and inserting English learners ; (C) in paragraph (4), by striking section 3111(b)(2)(C) and inserting section 3111(b)(2)(D) ; (D) in paragraph (5), by striking limited English proficient children and inserting English learners ; (E) in paragraph (6), by striking major findings of scientifically based research carried out under this part and inserting findings of the most recent evaluation related to English learners carried out under section 8601 ; (F) in paragraph (8)— (i) by striking of limited English proficient children and inserting of English learners ; and (ii) by striking into classrooms where instruction is not tailored for limited English proficient children ; and (G) in paragraph (9), by striking title and inserting part . (j) Coordination with related programs Section 3123 ( 20 U.S.C. 6844 ), as redesignated by section 3001(2)(B), is amended— (1) by striking children of limited English proficiency and inserting English learners ; (2) by striking limited English proficient children and inserting English learners ; and (3) by inserting after the period at the end the following: The Secretary shall report to the Congress on parallel Federal programs in other agencies and departments. . (k) Rules of construction Section 3124 ( 20 U.S.C. 6845 ), as redesignated by section 3001(2)(B), is amended— (1) in paragraph (1), by striking limited English proficient children and inserting English learners ; and (2) in paragraph (2), by striking limited English proficient children and inserting English learners . (l) Prohibition Section 3128 ( 20 U.S.C. 6849 ), as redesignated by section 3001(2)(B), is amended by striking limited English proficient children and inserting English learners . (m) National professional development project Section 3131 ( 20 U.S.C. 6861 ) is amended to read as follows: 3131. National professional development project The Secretary shall use funds made available under section 3111(c)(1)(C) to award grants on a competitive basis, for a period of not more than 5 years, to institutions of higher education or public or private entities with relevant experience and capacity (in consortia with State educational agencies or local educational agencies) to provide for professional development activities that will improve classroom instruction for English learners and assist educational personnel working with English learners to meet high professional standards, including standards for certification and licensure as teachers who work in language instruction educational programs or serve English learners. Grants awarded under this section may be used— (1) for effective preservice or inservice professional development programs that will improve the qualifications and skills of educational personnel involved in the education of English learners, including personnel who are not certified or licensed and educational paraprofessionals, and for other activities to increase teacher and school leader effectiveness in meeting the needs of English learners; (2) for the development of curricula or other instructional strategies appropriate to the needs of the consortia participants involved; (3) to support strategies that strengthen and increase parent, family, and community member engagement in the education of English learners; (4) to develop, share, and disseminate effective practices in the instruction of English learners and in increasing the student academic achievement of English learners, such as through the use of technology-based programs; (5) in conjunction with other Federal need-based student financial assistance programs, for financial assistance, and costs related to tuition, fees, and books for enrolling in courses required to complete the degree involved, to meet certification or licensing requirements for teachers who work in language instruction educational programs or serve English learners; and (6) as appropriate, to support strategies that promote school readiness of English learners and their transition from early childhood education programs, such as Head Start or State-run preschool programs, to elementary school programs. . 3004. General provisions (a) Definitions Section 3201 ( 20 U.S.C. 7011 ), as redesignated by section 3001(5)(A), is amended— (1) by striking paragraphs (3), (4), and (5); (2) by inserting after paragraph (2) the following: (3) Eligible entity The term eligible entity means— (A) one or more local educational agencies; or (B) one or more local educational agencies, in consortia or collaboration with an institution of higher education, educational service agency, community-based organization, or State educational agency. (4) English learner with a disability The term English learner with a disability means an English learner who is also a child with a disability, as that term is defined in section 602 of the Individuals with Disabilities Education Act. ; (3) by redesignating paragraphs (6) through (15) as paragraphs (5) through (14), respectively; (4) in paragraph (7)(A), as redesignated by paragraph (3)— (A) by striking a limited English proficient child and inserting an English learner ; and (B) by striking challenging State academic content and student academic achievement standards, as required by section 1111(b)(1) and inserting challenging State academic standards ; and (5) in paragraph (12), as redesignated by paragraph (3), by striking , as defined in section 3141, . (b) National clearinghouse Section 3202 ( 20 U.S.C. 7013 ), as redesignated by section 3001(5)(C), is amended— (1) in the matter preceding paragraph (1)— (A) by striking The Secretary shall and inserting the following: (a) In General The Secretary shall ; and (B) by striking limited English proficient children and inserting English learners ; (2) in paragraph (4)— (A) in subparagraph (A), by striking limited English proficient children and inserting English learners, including English learners with a disability, that includes information on best practices on instructing and serving English learners ; and (B) in subparagraph (B), by striking limited English proficient children and inserting English learners ; and (3) by adding at the end the following: (b) Construction Nothing in this section shall authorize the Secretary to hire additional personnel to execute subsection (a). . (c) Regulations Section 3203 ( 20 U.S.C. 7014 ), as redesignated by section 3001(5)(C), is amended— (1) by striking limited English proficient individuals and inserting English learners ; and (2) by striking limited English proficient children and inserting English learners . IV 21st century schools 4001. Redesignations and transfers (a) Title IV transfers and related amendments (1) Section 4303 ( 20 U.S.C. 7183 ) is amended— (A) in subsection (b)(1), by striking early childhood development (Head Start) services and inserting early childhood education programs ; (B) in subsection (c)(2)— (i) in the paragraph heading, by striking development services and inserting education programs ; and (ii) by striking development (Head Start) services and inserting education programs ; and (C) in subsection (e)(3), by striking subparagraph (C) and inserting the following: (C) such other matters as justice may require. . (2) Subpart 3 of part A of title IV ( 20 U.S.C. 7151 ) is— (A) transferred to title IX (as amended by section 2001 of this Act); (B) inserted so as to appear after subpart 3 of part E of such title (as so transferred and redesignated); (C) redesignated as subpart 4 of such part; and (D) amended by redesignating section 4141 as section 9551. (3) Section 4155 ( 20 U.S.C. 7165 ) is— (A) transferred to title IX (as amended by section 2001 of this Act and paragraph (2) of this subsection); (B) inserted so as to appear after section 9536; and (C) redesignated as section 9537. (4) Part C of title IV ( 20 U.S.C. 7181 et seq. ) (as amended by paragraph (1) of this subsection) is— (A) transferred to title IX (as amended by section 2001 of this Act and paragraphs (2) and (3) of this subsection); (B) inserted so as to appear after subpart 4 of part E of such title IX (as so transferred and redesignated); and (C) amended— (i) by striking the part designation and heading and inserting Subpart 5— Environmental tobacco smoke ; and (ii) by redesignating sections 4301 through 4304 as sections 9561 through 9564, respectively. (5) Title IV (as amended by section 2001 of this Act and paragraphs (1) through (4) of this subsection) is further amended— (A) in the part heading of part A, by striking SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES and inserting STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS ; (B) by striking subparts 2 and 4 of part A; (C) by redesignating subpart 5 of part A (as so transferred and redesignated by section 2001(4) of this Act) as subpart 2 of part A; and (D) by redesignating section 4161 (as so redesignated) as section 4121. (b) Title V Transfers and related amendments (1) In general Title V ( 20 U.S.C. 7201 et seq. ) is amended— (A) by striking part A; (B) by striking subparts 2 and 3 of part B; and (C) by striking part D. (2) Charter schools Part B of title V ( 20 U.S.C. 7221 et seq. ) (as amended by paragraph (1) of this subsection) is— (A) transferred to title IV (as amended by section 2001 of this Act and subsection (a) of this section); (B) inserted so as to appear after part B of such title; (C) redesignated as part C of such title; and (D) further amended— (i) in the part heading, by striking PUBLIC CHARTER SCHOOLS and inserting Expanding opportunity through quality charter schools ; (ii) by striking the subpart heading for subpart 1; and (iii) by redesignating sections 5201 through 5211 as sections 4301 through 4311, respectively. (3) Magnet schools Part C of title V ( 20 U.S.C. 7231 et seq. ) is— (A) transferred to title IV (as amended by section 2001 of this Act, subsection (a) of this section, and paragraph (2) of this subsection) (B) inserted so as to appear after part C of such title (as so transferred and redesignated); (C) redesignated as part D of such title; and (D) amended— (i) by redesignating sections 5301 through 5307 as sections 4401 through 4407, respectively; (ii) by striking sections 5308 and 5310; and (iii) by redesignating sections 5309 and 5311 as sections 4408 and 4409, respectively. (4) Title V Title V, as amended by this section, is repealed. 4002. General provisions Title IV ( 20 U.S.C. 7101 et seq. ), as redesignated and amended by section 4001, is further amended by striking sections 4001 through 4003 and inserting the following: 4001. General provisions (a) Parental consent (1) In general (A) Informed written consent A State, local educational agency, or other entity receiving funds under this title shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment or service that is funded under this title and conducted in connection with an elementary school or secondary school under this title. (B) Contents Before obtaining the consent described in subparagraph (A), the entity shall provide the parent written notice describing in detail such mental health assessment or service, including the purpose for such assessment or service, the provider of such assessment or service, when such assessment or service will begin, and how long such assessment or service may last. (C) Limitation The informed written consent required under this paragraph shall not be a waiver of any rights or protections under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (2) Exception Notwithstanding paragraph (1)(A), the written, informed consent described in such paragraph shall not be required in— (A) an emergency, where it is necessary to protect the immediate health and safety of the child, other children, or entity personnel; or (B) other instances in which an entity actively seeks parental consent but such consent cannot be reasonably obtained, as determined by the State or local educational agency, including in the case of— (i) a child whose parent has not responded to the notice described in paragraph (1)(B); or (ii) a child who has attained 14 years of age and is an unaccompanied youth, as defined in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (b) Prohibited use of funds No funds under this title may be used for medical services or drug treatment or rehabilitation, except for integrated student supports, specialized instructional support services, or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. (c) Prohibition on mandatory medication No child shall be required to obtain a prescription for a controlled substance, as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) as a condition of— (1) receiving an evaluation or other service described under this title; or (2) attending a school receiving assistance under this title. . A Student support and academic enrichment grants 4101. Student support and academic enrichment grants Subpart 1 of part A of title IV ( 20 U.S.C. 7101 et seq. ) is amended to read as follows: 1 Student support and academic enrichment grants 4101. Purpose The purpose of this subpart is to improve students’ academic achievement by increasing the capacity of States, local educational agencies, schools, and local communities to— (1) provide all students with access to a well-rounded education; (2) improve school conditions for student learning; and (3) improve the use of technology in order to improve the academic achievement and digital literacy of all students. 4102. Definitions In this subpart: (1) Blended learning The term blended learning means a formal education program that leverages both technology-based and face-to-face instructional approaches— (A) that include an element of online or digital learning, combined with supervised learning time, and student-led learning, in which the elements are connected to provide an integrated learning experience; and (B) in which students are provided some control over time, path, or pace. (2) Controlled substance The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (3) Digital learning The term digital learning means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— (A) interactive learning resources, digital learning content (which may include openly licensed content), software, or simulations, that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data and information to personalize learning and provide targeted supplementary instruction; (D) online and computer-based assessments; (E) learning environments that allow for rich collaboration and communication, which may include student collaboration with content experts and peers; (F) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace; and (G) access to online course opportunities for students in rural or remote areas. (4) Drug The term drug includes— (A) controlled substances; (B) the illegal use of alcohol or tobacco, including smokeless tobacco products and electronic cigarettes; and (C) the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (5) Drug and violence prevention The term drug and violence prevention means— (A) with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the consequences of drug use that are evidence-based (to the extent a State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); and (B) with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (6) School-based mental health services provider The term school-based mental health services provider includes a State-licensed or State-certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide mental health services to children and adolescents. (7) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (8) Stem-focused specialty school The term STEM-focused specialty school means a school, or dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, technology, engineering, and mathematics, including computer science, which include authentic schoolwide research. 4103. Formula grants to States (a) Reservations From the total amount appropriated under section 4112 for a fiscal year, the Secretary shall reserve— (1) one-half of 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subpart; (2) one-half of 1 percent for the Secretary of the Interior for programs under this subpart in schools operated or funded by the Bureau of Indian Education; and (3) 2 percent for technical assistance and capacity building. (b) State allotments (1) Allotment (A) In general Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subpart that remains after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State having a plan approved under subsection (c), an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year. (B) Small State minimum No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph. (C) Puerto rico The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this paragraph. (2) Reallotment If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this subsection. (c) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2) Contents Each plan submitted by a State under this section shall include the following: (A) A description of how the State educational agency will use funds received under this subpart for State-level activities. (B) A description of how the State educational agency will ensure that awards made to local educational agencies under this subpart are in amounts that are consistent with section 4105(a)(2). (C) Assurances that the State educational agency will— (i) review existing resources and programs across the State and will coordinate any new plans and resources under this subpart with such existing resources and programs; (ii) monitor the implementation of activities under this subpart and provide technical assistance to local educational agencies in carrying out such activities; and (iii) provide for equitable access for all students to the activities supported under this subpart, including aligning those activities with the requirements of other Federal laws. 4104. State use of funds (a) In general Each State that receives an allotment under section 4103 for a fiscal year shall— (1) reserve not less than 95 percent of the allotment to make allocations to local educational agencies under section 4105; (2) reserve not more than 1 percent of the allotment for the administrative costs of carrying out its responsibilities under this subpart, including public reporting on how funds made available under this subpart are being expended by local educational agencies, including the degree to which the local educational agencies have made progress toward meeting the objectives and outcomes described in section 4106(e)(1)(E); and (3) use the amount made available to the State and not reserved under paragraphs (1) and (2) for activities described in subsection (b). (b) State activities Each State that receives an allotment under section 4103 shall use the funds available under subsection (a)(3) for activities and programs designed to meet the purposes of this subpart, which may include— (1) providing monitoring of, and training, technical assistance, and capacity building to, local educational agencies that receive an allotment under section 4105; (2) identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this subpart, so that local educational agencies can better coordinate with other agencies, schools, and community-based services and programs; or (3) supporting local educational agencies in providing programs and activities that— (A) offer well-rounded educational experiences to all students, as described in section 4107, including female students, minority students, English learners, children with disabilities, and low-income students who are often underrepresented in critical and enriching subjects, which may include— (i) increasing student access to and improving student engagement and achievement in— (I) high-quality courses in science, technology, engineering, and mathematics, including computer science; (II) activities and programs in music and the arts; (III) foreign languages; (IV) accelerated learning programs that provide— (aa) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or (bb) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate programs; (V) American history, civics, economics, geography, social studies, or government education; (VI) environmental education; or (VII) other courses, activities, and programs or other experiences that contribute to a well-rounded education; or (ii) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, as described in clause (i)(IV); (B) foster safe, healthy, supportive, and drug-free environments that support student academic achievement, as described in section 4108, which may include— (i) coordinating with any local educational agencies or consortia of such agencies implementing a youth PROMISE plan to reduce exclusionary discipline, as described in section 4108(5)(F); (ii) supporting local educational agencies to— (I) implement mental health awareness training programs that are evidence-based (to the extent the State determines that such evidence is reasonably available) to provide education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health or the safe de-escalation of crisis situations involving a student with a mental illness; or (II) expand access to or coordinate resources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs; (iii) providing local educational agencies with resources that are evidence-based (to the extent the State determines that such evidence is reasonably available) addressing ways to integrate health and safety practices into school or athletic programs; and (iv) disseminating best practices and evaluating program outcomes relating to any local educational agency activities to promote student safety and violence prevention through effective communication as described in section 4108(5)(C)(iv); and (C) increase access to personalized, rigorous learning experiences supported by technology by— (i) providing technical assistance to local educational agencies to improve the ability of local educational agencies to— (I) identify and address technology readiness needs, including the types of technology infrastructure and access available to the students served by the local educational agency, including computer devices, access to school libraries, Internet connectivity, operating systems, software, related network infrastructure, and data security; (II) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students, including children with disabilities and English learners; and (III) build capacity for principals, other school leaders, and local educational agency administrators to support teachers in using data and technology to improve instruction and personalize learning; (ii) supporting schools in rural and remote areas to expand access to high-quality digital learning opportunities; (iii) developing or using strategies that are innovative or evidence-based (to the extent the State determines that such evidence is reasonably available) for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology, which may include increased access to online dual or concurrent enrollment opportunities, career and technical courses, and programs leading to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 )); (iv) disseminating promising practices related to technology instruction, data security, and the acquisition and implementation of technology tools and applications, including through making such promising practices publicly available on the website of the State educational agency; (v) providing teachers, paraprofessionals, school librarians and media personnel, specialized instructional support personnel, and administrators with the knowledge and skills to use technology effectively, including effective integration of technology, to improve instruction and student achievement, which may include coordination with teacher, principal, and other school leader preparation programs; and (vi) making instructional content widely available through open educational resources, which may include providing tools and processes to support local educational agencies in making such resources widely available. (c) Special Rule A State that receives a grant under this subpart for fiscal year 2017 may use the amount made available to the State and not reserved under paragraphs (1) and (2) of subsection (a) for such fiscal year to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (b)(3)(A)(ii). 4105. Allocations to local educational agencies (a) Allocations to local educational agencies (1) In General From the funds reserved by a State under section 4104(a)(1), the State shall allocate to each local educational agency in the State that has an application approved by the State educational agency under section 4106 an amount that bears the same relationship to the total amount of such reservation as the amount the local educational agency received under subpart 2 of part A of title I for the preceding fiscal year bears to the total amount received by all local educational agencies in the State under such subpart for the preceding fiscal year. (2) Minimum local educational agency allocation No allocation to a local educational agency under this subsection may be made in an amount that is less than $10,000, subject to subsection (b). (3) Consortia Local educational agencies in a State may form a consortium with other surrounding local educational agencies and combine the funds each such agency in the consortium receives under this section to jointly carry out the local activities described in this subpart. (b) Ratable reduction If the amount reserved by the State under section 4104(a)(1) is insufficient to make allocations to local educational agencies in an amount equal to the minimum allocation described in subsection (a)(2), such allocations shall be ratably reduced. (c) Administrative costs Of the amount received under subsection (a)(2), a local educational agency may reserve not more than 2 percent for the direct administrative costs of carrying out the local educational agency's responsibilities under this subpart. 4106. Local educational agency applications (a) Eligibility To be eligible to receive an allocation under section 4105(a), a local educational agency shall— (1) submit an application, which shall contain, at a minimum, the information described in subsection (e), to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require; and (2) complete a needs assessment in accordance with subsection (d). (b) Consortium If a local educational agency desires to carry out the activities described in this subpart in consortium with one or more surrounding local educational agencies as described in section 4105(a)(3), such local educational agencies shall submit a single application as required under subsection (a). (c) Consultation (1) In general A local educational agency, or consortium of such agencies, shall develop its application through consultation with parents, teachers, principals, other school leaders, specialized instructional support personnel, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations that may be located in the region served by the local educational agency (where applicable), charter school teachers, principals, and other school leaders (if such agency or consortium of such agencies supports charter schools), and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this subpart. (2) Continued consultation The local educational agency, or consortium of such agencies, shall engage in continued consultation with the entities described in paragraph (1) in order to improve the local activities in order to meet the purpose of this subpart and to coordinate such implementation with other related strategies, programs, and activities being conducted in the community. (d) Needs assessment (1) In general Except as provided in paragraph (2) and prior to receiving an allocation under this subpart, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served under this subpart in order to examine needs for improvement of— (A) access to, and opportunities for, a well-rounded education for all students; (B) school conditions for student learning in order to create a healthy and safe school environment; and (C) access to personalized learning experiences supported by technology and professional development for the effective use of data and technology. (2) Exception A local educational agency receiving an allocation under section 4105(a) in an amount that is less than $30,000 shall not be required to conduct a comprehensive needs assessment under paragraph (1). (3) Frequency of needs assessment Each local educational agency, or consortium of local educational agencies, shall conduct the needs assessment described in paragraph (1) once every 3 years. (e) Contents of local application Each application submitted under this section by a local educational agency, or a consortium of such agencies, shall include the following: (1) Descriptions A description of the activities and programming that the local educational agency, or consortium of such agencies, will carry out under this subpart, including a description of— (A) any partnership with an institution of higher education, business, nonprofit organization, community-based organization, or other public or private entity with a demonstrated record of success in implementing activities under this subpart; (B) if applicable, how funds will be used for activities related to supporting well-rounded education under section 4107; (C) if applicable, how funds will be used for activities related to supporting safe and healthy students under section 4108; (D) if applicable, how funds will be used for activities related to supporting the effective use of technology in schools under section 4109; and (E) the program objectives and intended outcomes for activities under this subpart, and how the local educational agency, or consortium of such agencies, will periodically evaluate the effectiveness of the activities carried out under this section based on such objectives and outcomes. (2) Assurances Each application shall include assurances that the local educational agency, or consortium of such agencies, will— (A) prioritize the distribution of funds to schools served by the local educational agency, or consortium of such agencies, that— (i) are among the schools with the greatest needs, as determined by such local educational agency, or consortium; (ii) have the highest percentages or numbers of children counted under section 1124(c); (iii) are identified for comprehensive support and improvement under section 1111(c)(4)(D)(i); (iv) are implementing targeted support and improvement plans as described in section 1111(d)(2); or (v) are identified as a persistently dangerous public elementary school or secondary school under section 8532; (B) comply with section 8501 (regarding equitable participation by private school children and teachers); (C) use not less than 20 percent of funds received under this subpart to support one or more of the activities authorized under section 4107; (D) use not less than 20 percent of funds received under this subpart to support one or more activities authorized under section 4108; (E) use a portion of funds received under this subpart to support one or more activities authorized under section 4109(a), including an assurance that the local educational agency, or consortium of local educational agencies, will comply with section 4109(b); and (F) annually report to the State for inclusion in the report described in section 4104(a)(2) how funds are being used under this subpart to meet the requirements of subparagraphs (C) through (E). (f) Special rule Any local educational agency receiving an allocation under section 4105(a)(1) in an amount less than $30,000 shall be required to provide only one of the assurances described in subparagraphs (C), (D), and (E) of subsection (e)(2). 4107. Activities to support well-rounded educational opportunities (a) In General Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under section 4105(a) shall use a portion of such funds to develop and implement programs and activities that support access to a well-rounded education and that— (1) are coordinated with other schools and community-based services and programs; (2) may be conducted in partnership with an institution of higher education, business, nonprofit organization, community-based organization, or other public or private entity with a demonstrated record of success in implementing activities under this section; and (3) may include programs and activities, such as— (A) college and career guidance and counseling programs, such as— (i) postsecondary education and career awareness and exploration activities; (ii) training counselors to effectively use labor market information in assisting students with postsecondary education and career planning; and (iii) financial literacy and Federal financial aid awareness activities; (B) programs and activities that use music and the arts as tools to support student success through the promotion of constructive student engagement, problem solving, and conflict resolution; (C) programming and activities to improve instruction and student engagement in science, technology, engineering, and mathematics, including computer science, (referred to in this section as STEM subjects ) such as— (i) increasing access for students through grade 12 who are members of groups underrepresented in such subject fields, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses; (ii) supporting the participation of low-income students in nonprofit competitions related to STEM subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); (iii) providing hands-on learning and exposure to science, technology, engineering, and mathematics and supporting the use of field-based or service learning to enhance the students’ understanding of the STEM subjects; (iv) supporting the creation and enhancement of STEM-focused specialty schools; (v) facilitating collaboration among school, after-school program, and informal program personnel to improve the integration of programming and instruction in the identified subjects; and (vi) integrating other academic subjects, including the arts, into STEM subject programs to increase participation in STEM subjects, improve attainment of skills related to STEM subjects, and promote well-rounded education; (D) efforts to raise student academic achievement through accelerated learning programs described in section 4104(b)(3)(A)(i)(IV), such as— (i) reimbursing low-income students to cover part or all of the costs of accelerated learning examination fees, if the low-income students are enrolled in accelerated learning courses and plan to take accelerated learning examinations; or (ii) increasing the availability of, and enrollment in, accelerated learning courses, accelerated learning examinations, dual or concurrent enrollment programs, and early college high school courses; (E) activities to promote the development, implementation, and strengthening of programs to teach traditional American history, civics, economics, geography, or government education; (F) foreign language instruction; (G) environmental education; (H) programs and activities that promote volunteerism and community involvement; (I) programs and activities that support educational programs that integrate multiple disciplines, such as programs that combine arts and mathematics; or (J) other activities and programs to support student access to, and success in, a variety of well-rounded education experiences. (b) Special Rule A local educational agency, or consortium of such agencies, that receives a subgrant under this subpart for fiscal year 2017 may use such funds to cover part or all of the fees for accelerated learning examinations taken by low-income students during the 2016-2017 school year, in accordance with subsection (a)(3)(D). 4108. Activities to support safe and healthy students Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under section 4105(a) shall use a portion of such funds to develop, implement, and evaluate comprehensive programs and activities that— (1) are coordinated with other schools and community-based services and programs; (2) foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (3) promote the involvement of parents in the activity or program; (4) may be conducted in partnership with an institution of higher education, business, nonprofit organization, community-based organization, or other public or private entity with a demonstrated record of success in implementing activities described in this section; and (5) may include, among other programs and activities— (A) drug and violence prevention activities and programs that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available) including— (i) programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes; and (ii) professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, intervention mentoring, recovery support services and, where appropriate, rehabilitation referral, as related to drug and violence prevention; (B) in accordance with sections 4001 and 4111— (i) school-based mental health services, including early identification of mental health symptoms, drug use, and violence, and appropriate referrals to direct individual or group counseling services, which may be provided by school-based mental health services providers; and (ii) school-based mental health services partnership programs that— (I) are conducted in partnership with a public or private mental health entity or health care entity; and (II) provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are— (aa) based on trauma-informed practices that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); (bb) coordinated (where appropriate) with early intervening services provided under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ); and (cc) provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise; (C) programs or activities that— (i) integrate health and safety practices into school or athletic programs; (ii) support a healthy, active lifestyle, including nutritional education and regular, structured physical education activities and programs, that may address chronic disease management with instruction led by school nurses, nurse practitioners, or other appropriate specialists or professionals to help maintain the well-being of students; (iii) help prevent bullying and harassment; (iv) improve instructional practices for developing relationship-building skills, such as effective communication, and improve safety through the recognition and prevention of coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, and sexual violence and harassment; (v) provide mentoring and school counseling to all students, including children who are at risk of academic failure, dropping out of school, involvement in criminal or delinquent activities, or drug use and abuse; (vi) establish or improve school dropout and re-entry programs; or (vii) establish learning environments and enhance students’ effective learning skills that are essential for school readiness and academic success, such as by providing integrated systems of student and family supports; (D) high-quality training for school personnel, including specialized instructional support personnel, related to— (i) suicide prevention; (ii) effective and trauma-informed practices in classroom management; (iii) crisis management and conflict resolution techniques; (iv) human trafficking (defined, for purposes of this subparagraph, as an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )); (v) school-based violence prevention strategies; (vi) drug abuse prevention, including educating children facing substance abuse at home; and (vii) bullying and harassment prevention; (E) in accordance with sections 4001 and 4111, child sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide— (i) age-appropriate and developmentally-appropriate instruction for students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sexual abuse; and (ii) information to parents and guardians of students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child; (F) designing and implementing a locally-tailored plan to reduce exclusionary discipline practices in elementary and secondary schools that— (i) is consistent with best practices; (ii) includes strategies that are evidence-based (to the extent the State, in consultation with local educational agencies in the State, determines that such evidence is reasonably available); and (iii) is aligned with the long-term goal of prison reduction through opportunities, mentoring, intervention, support, and other education services, referred to as a youth PROMISE plan ; or (G) implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), in order to improve academic outcomes and school conditions for student learning; (H) designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as— (i) establishing partnerships within the community to provide resources and support for schools; (ii) ensuring that all service and community partners are aligned with the academic expectations of a community school in order to improve student success; and (iii) strengthening relationships between schools and communities; or (I) pay for success initiatives aligned with the purposes of this section. 4109. Activities to support the effective use of technology (a) Uses of funds Subject to section 4106(f), each local educational agency, or consortium of such agencies, that receives an allocation under section 4015(a) shall use a portion of such funds to improve the use of technology to improve the academic achievement, academic growth, and digital literacy of all students, including by meeting the needs of such agency or consortium that are identified in the needs assessment conducted under section 4106(d) (if applicable), which may include— (1) providing educators, school leaders, and administrators with the professional learning tools, devices, content, and resources to— (A) personalize learning to improve student academic achievement; (B) discover, adapt, and share relevant high-quality educational resources; (C) use technology effectively in the classroom, including by administering computer-based assessments and blended learning strategies; and (D) implement and support school- and district-wide approaches for using technology to inform instruction, support teacher collaboration, and personalize learning; (2) building technological capacity and infrastructure, which may include— (A) procuring content and ensuring content quality; and (B) purchasing devices, equipment, and software applications in order to address readiness shortfalls; (3) developing or using effective or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology; (4) carrying out blended learning projects, which shall include— (A) planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities; or (B) ongoing professional development for teachers, principals, other school leaders, or other personnel involved in the project that is designed to support the implementation and academic success of the project; (5) providing professional development in the use of technology (which may be provided through partnerships with outside organizations) to enable teachers and instructional leaders to increase student achievement in the areas of science, technology, engineering, and mathematics, including computer science; and (6) providing students in rural, remote, and underserved areas with the resources to take advantage of high-quality digital learning experiences, digital resources, and access to online courses taught by effective educators. (b) Special rule A local educational agency, or consortium of such agencies, shall not use more than 15 percent of funds for purchasing technology infrastructure as described in subsection (a)(2)(B), which shall include technology infrastructure purchased for the activities under subsection (a)(4)(A). 4110. Supplement, not supplant Funds made available under this subpart shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this subpart. 4111. Rule of construction Nothing in this subpart may be construed to— (1) authorize activities or programming that encourages teenage sexual activity; or (2) prohibit effective activities or programming that meet the requirements of section 8526. 4112. Authorization of appropriations (a) In General There are authorized to be appropriated to carry out this subpart $1,650,000,000 for fiscal year 2017 and $1,600,000,000 for each of fiscal years 2018 through 2020. (b) Forward funding Section 420 of the General Education Provisions Act ( 20 U.S.C. 1223 ) shall apply to this subpart. . B 21st century community learning centers 4201. 21st century community learning centers (a) Program authorized Part B of title IV ( 20 U.S.C. 7171 et seq. ) is amended to read as follows: B 21st century community learning centers 4201. Purpose; definitions (a) Purpose The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that— (1) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet the challenging State academic standards; (2) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, arts, music, physical fitness and wellness programs, technology education programs, financial literacy programs, environmental literacy programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students; and (3) offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. (b) Definitions In this part: (1) Community learning center The term community learning center means an entity that— (A) assists students to meet the challenging State academic standards by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that— (i) reinforce and complement the regular academic programs of the schools attended by the students served; and (ii) are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and (B) offers families of students served by such center opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. (2) Covered program The term covered program means a program for which— (A) the Secretary made a grant under this part (as this part was in effect on the day before the effective date of this part under the Every Student Succeeds Act); and (B) the grant period had not ended on that effective date. (3) Eligible entity The term eligible entity means a local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act ( 25 U.S.C. 450b )), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. (4) External organization The term external organization means— (A) a nonprofit organization with a record of success in running or working with before and after school (or summer recess) programs and activities; or (B) in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a written agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance in running or working with before and after school (or summer recess) programs and activities. (5) Rigorous peer-review process The term rigorous peer-review process means a process by which— (A) employees of a State educational agency who are familiar with the programs and activities assisted under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; (B) the State educational agency selects peer reviewers for such applications, who shall— (i) be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and (ii) not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and (C) the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205. (6) State The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. 4202. Allotments to states (a) Reservation From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve— (1) such amounts as may be necessary to make continuation awards to subgrant recipients under covered programs (under the terms of those grants); (2) not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a national evaluation; and (3) not more than 1 percent for payments to the outlying areas and the Bureau of Indian Education, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part. (b) State allotments (1) Determination From the funds appropriated under section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. (2) Reallotment of unused funds If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this part. (c) State use of funds (1) In general Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. (2) State administration A State educational agency may use not more than 2 percent of the amount made available to the State under subsection (b) for— (A) the administrative costs of carrying out its responsibilities under this part; (B) establishing and implementing a rigorous peer-review process for subgrant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and (C) awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). (3) State activities A State educational agency may use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities: (A) Monitoring and evaluating programs and activities assisted under this part. (B) Providing capacity building, training, and technical assistance under this part. (C) Conducting a comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under this part. (D) Providing training and technical assistance to eligible entities that are applicants for or recipients of awards under this part. (E) Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the program with the challenging State academic standards. (F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. (G) Working with teachers, principals, parents, the local workforce, the local community, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs under this part. (H) Coordinating funds received under this part with other Federal and State funds to implement high-quality programs. (I) Providing a list of prescreened external organizations, as described under section 4203(a)(11). 4203. State application (a) In general In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— (1) designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2) describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities; (3) contains an assurance that the State educational agency— (A) will make awards under this part to eligible entities that serve— (i) students who primarily attend— (I) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d); and (II) other schools determined by the local educational agency to be in need of intervention and support; and (ii) the families of such students; and (B) will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i); (4) describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet the challenging State academic standards and any local academic standards; (5) describes how the State educational agency will ensure that awards made under this part are— (A) of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and (B) in amounts that are consistent with section 4204(h); (6) describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content areas and youth development; (7) describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; (8) contains an assurance that the State educational agency— (A) will make awards for programs for a period of not less than 3 years and not more than 5 years; and (B) will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends; (9) contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs; (10) contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed; (11) describes how the State will— (A) prescreen external organizations that could provide assistance in carrying out the activities under this part; and (B) develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; (12) provides— (A) an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before and after school (or summer recess) programs and activities, the heads of the State health and mental health agencies or their designees, statewide after-school networks (where applicable) and representatives of teachers, local educational agencies, and community-based organizations; and (B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; (13) describes the results of the State’s needs and resources assessment for before and after school (or summer recess) programs and activities, which shall be based on the results of on-going State evaluation activities; (14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— (A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— (i) are able to track student success and improvement over time; (ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and (iii) for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities; (B) a description of how data collected for the purposes of subparagraph (A) will be collected; and (C) public dissemination of the evaluations of programs and activities carried out under this part; and (15) provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. (b) Deemed approval An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. (c) Disapproval The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (d) Notification If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— (1) give the State educational agency notice and an opportunity for a hearing; and (2) notify the State educational agency of the finding of noncompliance and, in such notification— (A) cite the specific provisions in the application that are not in compliance; and (B) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (e) Response If the State educational agency responds to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1) the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2) the expiration of the 120-day period described in subsection (b). (f) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. (g) Limitation The Secretary may not give a priority or a preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day. 4204. Local competitive subgrant program (a) In general (1) Community learning centers A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to award subgrants to eligible entities for community learning centers in accordance with this part. (2) Expanded learning program activities A State that receives funds under this part for a fiscal year may use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that— (A) are included as part of an expanded learning program that provides students at least 300 additional program hours before, during, or after the traditional school day; (B) supplement but do not supplant regular school day requirements; and (C) are carried out by entities that meet the requirements of subsection (i). (b) Application (1) In general To be eligible to receive a subgrant under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of the activities to be funded, including— (i) an assurance that the program will take place in a safe and easily accessible facility; (ii) a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and (iii) a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible; (B) a description of how such activities are expected to improve student academic achievement as well as overall student success; (C) a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources; (D) an assurance that the proposed program was developed and will be carried out— (i) in active collaboration with the schools that participating students attend (including through the sharing of relevant data among the schools), all participants of the eligible entity, and any partnership entities described in subparagraph (H), in compliance with applicable laws relating to privacy and confidentiality; and (ii) in alignment with the challenging State academic standards and any local academic standards; (E) a description of how the activities will meet the measures of effectiveness described in section 4205(b); (F) an assurance that the program will target students who primarily attend schools eligible for schoolwide programs under section 1114 and the families of such students; (G) an assurance that subgrant funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds; (H) a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate; (I) an evaluation of the community needs and available resources for the community learning center, and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families); (J) a demonstration that the eligible entity will use best practices, including research or evidence-based practices, to provide educational and related activities that will complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students; (K) a description of a preliminary plan for how the community learning center will continue after funding under this part ends; (L) an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; (M) if the eligible entity plans to use volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as the volunteers; and (N) such other information and assurances as the State educational agency may reasonably require. (c) Approval of certain applications The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school. (d) Permissive local match (1) In general A State educational agency may require an eligible entity to match subgrant funds awarded under this part, except that such match may not exceed the amount of the subgrant and may not be derived from other Federal or State funds. (2) Sliding scale The amount of a match under paragraph (1) shall be established based on a sliding scale that takes into account— (A) the relative poverty of the population to be targeted by the eligible entity; and (B) the ability of the eligible entity to obtain such matching funds. (3) In-kind contributions Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions. (4) Consideration Notwithstanding this subsection, a State educational agency shall not consider an eligible entity’s ability to match funds when determining which eligible entities will receive subgrants under this part. (e) Peer review In reviewing local applications under this part, a State educational agency shall use a rigorous peer-review process or other methods to ensure the quality of funded projects. (f) Geographic diversity To the extent practicable, a State educational agency shall distribute subgrant funds under this part equitably among geographic areas within the State, including urban and rural communities. (g) Duration of awards A subgrant awarded under this part shall be awarded for a period of not less than 3 years and not more than 5 years. (h) Amount of awards A subgrant awarded under this part may not be made in an amount that is less than $50,000. (i) Priority (1) In general In awarding subgrants under this part, a State educational agency shall give priority to applications— (A) proposing to target services to— (i) students who primarily attend schools that— (I) are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) or other schools determined by the local educational agency to be in need of intervention and support to improve student academic achievement and other outcomes; and (II) enroll students who may be at risk for academic failure, dropping out of school, involvement in criminal or delinquent activities, or who lack strong positive role models; and (ii) the families of students described in clause (i); (B) submitted jointly by eligible entities consisting of not less than 1— (i) local educational agency receiving funds under part A of title I; and (ii) another eligible entity; and (C) demonstrating that the activities proposed in the application— (i) are, as of the date of the submission of the application, not accessible to students who would be served; or (ii) would expand accessibility to high-quality services that may be available in the community. (2) Special rule The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part. (3) Limitation A State educational agency may not give a priority or a preference to eligible entities that seek to use funds made available under this part to extend the regular school day. (j) Renewability of awards A State educational agency may renew a subgrant provided under this part to an eligible entity, based on the eligible entity’s performance during the preceding subgrant period. 4205. Local activities (a) Authorized activities Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achievement and support student success, including— (1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with— (A) the challenging State academic standards and any local academic standards; and (B) local curricula that are designed to improve student academic achievement; (2) well-rounded education activities, including such activities that enable students to be eligible for credit recovery or attainment; (3) literacy education programs, including financial literacy programs and environmental literacy programs; (4) programs that support a healthy and active lifestyle, including nutritional education and regular, structured physical activity programs; (5) services for individuals with disabilities; (6) programs that provide after-school activities for students who are English learners that emphasize language skills and academic achievement; (7) cultural programs; (8) telecommunications and technology education programs; (9) expanded library service hours; (10) parenting skills programs that promote parental involvement and family literacy; (11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; (12) drug and violence prevention programs and counseling programs; (13) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as STEM ), including computer science, and that foster innovation in learning by supporting nontraditional STEM education teaching methods; and (14) programs that partner with in-demand fields of the local workforce or build career competencies and career readiness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) and the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ). (b) Measures of effectiveness (1) In general For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 4203(a)(14), such program or activity shall— (A) be based upon an assessment of objective data regarding the need for before and after school (or summer recess) programs and activities in the schools and communities; (B) be based upon an established set of performance measures aimed at ensuring the availability of high-quality academic enrichment opportunities; (C) if appropriate, be based upon evidence-based research that the program or activity will help students meet the challenging State academic standards and any local academic standards; (D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and (E) collect the data necessary for the measures of student success described in subparagraph (D). (2) Periodic evaluation (A) In general The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program’s progress toward achieving the goal of providing high-quality opportunities for academic enrichment and overall student success. (B) Use of results The results of evaluations under subparagraph (A) shall be— (i) used to refine, improve, and strengthen the program or activity, and to refine the performance measures; (ii) made available to the public upon request, with public notice of such availability provided; and (iii) used by the State to determine whether a subgrant is eligible to be renewed under section 4204(j). 4206. Authorization of appropriations There are authorized to be appropriated to carry out this part $1,000,000,000 for fiscal year 2017 and $1,100,000,000 for each of fiscal years 2018 through 2020. . C Expanding Opportunity through Quality Charter Schools 4301. Charter schools Part C of title IV ( 20 U.S.C. 7221 et seq. ), as redesignated by section 4001, is amended— (1) by striking sections 4301 through 4305, as redesignated by section 4001, and inserting the following: 4301. Purpose It is the purpose of this part to— (1) improve the United States education system and education opportunities for all people in the United States by supporting innovation in public education in public school settings that prepare students to compete and contribute to the global economy and a stronger Nation; (2) provide financial assistance for the planning, program design, and initial implementation of charter schools; (3) increase the number of high-quality charter schools available to students across the United States; (4) evaluate the impact of charter schools on student achievement, families, and communities, and share best practices between charter schools and other public schools; (5) encourage States to provide support to charter schools for facilities financing in an amount more nearly commensurate to the amount States typically provide for traditional public schools; (6) expand opportunities for children with disabilities, English learners, and other traditionally underserved students to attend charter schools and meet the challenging State academic standards; (7) support efforts to strengthen the charter school authorizing process to improve performance management, including transparency, oversight and monitoring (including financial audits), and evaluation of such schools; and (8) support quality, accountability, and transparency in the operational performance of all authorized public chartering agencies, including State educational agencies, local educational agencies, and other authorizing entities. 4302. Program authorized (a) In general The Secretary may carry out a charter school program that supports charter schools that serve early childhood, elementary school, or secondary school students by— (1) supporting the startup of new charter schools, the replication of high-quality charter schools, and the expansion of high-quality charter schools; (2) assisting charter schools in accessing credit to acquire and renovate facilities for school use; and (3) carrying out national activities to support— (A) the activities described in paragraph (1); (B) the dissemination of best practices of charter schools for all schools; (C) the evaluation of the impact of the charter school program under this part on schools participating in such program; and (D) stronger charter school authorizing practices. (b) Funding allotment From the amount made available under section 4311 for a fiscal year, the Secretary shall— (1) reserve 12.5 percent to support charter school facilities assistance under section 4304; (2) reserve 22.5 percent to carry out national activities under section 4305; and (3) use the remaining amount after the reservations under paragraphs (1) and (2) to carry out section 4303. (c) Prior grants and subgrants The recipient of a grant or subgrant under part B of title V (as such part was in effect on the day before the date of enactment of the Every Student Succeeds Act) shall continue to receive funds in accordance with the terms and conditions of such grant or subgrant. 4303. Grants to support high-quality charter schools (a) State entity defined For purposes of this section, the term State entity means— (1) a State educational agency; (2) a State charter school board; (3) a Governor of a State; or (4) a charter school support organization. (b) Program authorized From the amount available under section 4302(b)(3), the Secretary shall award, on a competitive basis, grants to State entities having applications approved under subsection (f) to enable such entities to— (1) award subgrants to eligible applicants to enable eligible applicants to— (A) open and prepare for the operation of new charter schools; (B) open and prepare for the operation of replicated high-quality charter schools; or (C) expand high-quality charter schools; and (2) provide technical assistance to eligible applicants and authorized public chartering agencies in carrying out the activities described in paragraph (1), and work with authorized public chartering agencies in the State to improve authorizing quality, including developing capacity for, and conducting, fiscal oversight and auditing of charter schools. (c) State entity uses of funds (1) In general A State entity receiving a grant under this section shall— (A) use not less than 90 percent of the grant funds to award subgrants to eligible applicants, in accordance with the quality charter school program described in the State entity’s application pursuant to subsection (f), for the purposes described in subsection (b)(1); (B) reserve not less than 7 percent of such funds to carry out the activities described in subsection (b)(2); and (C) reserve not more than 3 percent of such funds for administrative costs, which may include technical assistance. (2) Contracts and grants A State entity may use a grant received under this section to carry out the activities described in subsection (b)(2) directly or through grants, contracts, or cooperative agreements. (3) Rule of construction (A) Use of lottery Nothing in this Act shall prohibit the Secretary from awarding grants to State entities, or prohibit State entities from awarding subgrants to eligible applicants, that use a weighted lottery to give slightly better chances for admission to all, or a subset of, educationally disadvantaged students if— (i) the use of weighted lotteries in favor of such students is not prohibited by State law, and such State law is consistent with laws described in section 4310(2)(G); and (ii) such weighted lotteries are not used for the purpose of creating schools exclusively to serve a particular subset of students. (B) Students with special needs Nothing in this paragraph shall be construed to prohibit schools from specializing in providing specific services for students with a demonstrated need for such services, such as students who need specialized instruction in reading, spelling, or writing. (d) Program periods; peer review; distribution of subgrants; waivers (1) Program periods (A) Grants A grant awarded by the Secretary to a State entity under this section shall be for a period of not more than 5 years. (B) Subgrants A subgrant awarded by a State entity under this section shall be for a period of not more than 5 years, of which an eligible applicant may use not more than 18 months for planning and program design. (2) Peer review The Secretary, and each State entity awarding subgrants under this section, shall use a peer-review process to review applications for assistance under this section. (3) Grant awards (A) In General The Secretary— (i) shall for each fiscal year for which funds are appropriated under section 4311— (I) award not less than 3 grants under this section; and (II) fully obligate the first 2 years of funds appropriated for the purpose of awarding grants under this section in the first fiscal year for which such grants are awarded; and (ii) prior to the start of the third year of the grant period and each succeeding year of each grant awarded under this section to a State entity— (I) shall review— (aa) whether the State entity is using the grant funds for the agreed upon uses of funds; and (bb) whether the full amount of the grant will be needed for the remainder of the grant period; and (II) may, as determined necessary based on that review, terminate or reduce the amount of the grant and reallocate the remaining grant funds to other State entities— (aa) by using such funds to award grants under this section to other State entities; or (bb) in a fiscal year in which the amount of such remaining funds is insufficient to award grants under item (aa), in accordance with subparagraph (B). (B) Remaining funding For a fiscal year for which there are remaining grant funds under this paragraph, but the amount of such funds is insufficient to award a grant to a State entity under this section, the Secretary shall use such remaining grants funds— (i) to supplement funding for grants under section 4305(a)(2), but not to supplant— (I) the funds reserved under section 4305(a)(2); and (II) funds otherwise reserved under section 4302(b)(2) to carry out national activities under section 4305; (ii) to award grants to State entities to carry out the activities described in subsection (b)(1) for the next fiscal year; or (iii) to award one year of a grant under subsection (b)(1) to a high-scoring State entity, in an amount at or above the minimum amount the State entity needs to be successful for such year. (4) Diversity of projects Each State entity awarding subgrants under this section shall award subgrants in a manner that, to the extent practicable and applicable, ensures that such subgrants— (A) are distributed throughout different areas, including urban, suburban, and rural areas; and (B) will assist charter schools representing a variety of educational approaches. (5) Waivers The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority, except any such requirement relating to the elements of a charter school described in section 4310(2), if— (A) the waiver is requested in an approved application under this section; and (B) the Secretary determines that granting such waiver will promote the purpose of this part. (e) Limitations (1) Grants No State entity may receive a grant under this section for use in a State in which a State entity is currently using a grant received under this section. (2) Subgrants An eligible applicant may not receive more than 1 subgrant under this section for each individual charter school for a 5-year period, unless the eligible applicant demonstrates to the State entity that such individual charter school has at least 3 years of improved educational results for students enrolled in such charter school with respect to the elements described in subparagraphs (A) and (D) of section 4310(8). (f) Applications A State entity desiring to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (1) Description of program A description of the State entity’s objectives in running a quality charter school program under this section and how the objectives of the program will be carried out, including— (A) a description of how the State entity will— (i) support the opening of charter schools through the startup of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools (including the proposed number of new charter schools to be opened, high-quality charter schools to be opened as a result of the replication of a high-quality charter school, or high-quality charter schools to be expanded under the State entity’s program); (ii) inform eligible charter schools, developers, and authorized public chartering agencies of the availability of funds under the program; (iii) work with eligible applicants to ensure that the eligible applicants access all Federal funds that such applicants are eligible to receive, and help the charter schools supported by the applicants and the students attending those charter schools— (I) participate in the Federal programs in which the schools and students are eligible to participate; (II) receive the commensurate share of Federal funds the schools and students are eligible to receive under such programs; and (III) meet the needs of students served under such programs, including students with disabilities and English learners; (iv) ensure that authorized public chartering agencies, in collaboration with surrounding local educational agencies where applicable, establish clear plans and procedures to assist students enrolled in a charter school that closes or loses its charter to attend other high-quality schools; (v) in the case of a State entity that is not a State educational agency— (I) work with the State educational agency and charter schools in the State to maximize charter school participation in Federal and State programs for which charter schools are eligible; and (II) work with the State educational agency to operate the State entity’s program under this section, if applicable; (vi) ensure that each eligible applicant that receives a subgrant under the State entity’s program— (I) is using funds provided under this section for one of the activities described in subsection (b)(1); and (II) is prepared to continue to operate charter schools funded under this section in a manner consistent with the eligible applicant's application for such subgrant once the subgrant funds under this section are no longer available; (vii) support— (I) charter schools in local educational agencies with a significant number of schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); and (II) the use of charter schools to improve struggling schools, or to turn around struggling schools; (viii) work with charter schools on— (I) recruitment and enrollment practices to promote inclusion of all students, including by eliminating any barriers to enrollment for educationally disadvantaged students (who include foster youth and unaccompanied homeless youth); and (II) supporting all students once they are enrolled to promote retention, including by reducing the overuse of discipline practices that remove students from the classroom; (ix) share best and promising practices between charter schools and other public schools; (x) ensure that charter schools receiving funds under the State entity’s program meet the educational needs of their students, including children with disabilities and English learners; (xi) support efforts to increase charter school quality initiatives, including meeting the quality authorizing elements described in paragraph (2)(D); (xii) (I) in the case of a State entity not described in subclause (II), a description of how the State entity will provide oversight of authorizing activity, including how the State will help ensure better authorizing, such as by establishing authorizing standards that may include approving, monitoring, and re-approving or revoking the authority of an authorized public chartering agency based on the performance of the charter schools authorized by such agency in the areas of student achievement, student safety, financial and operational management, and compliance with all applicable statutes and regulations; and (II) in the case of a State entity described in subsection (a)(4), a description of how the State entity will work with the State to support the State's system of technical assistance and oversight, as described in subclause (I), of the authorizing activity of authorized public chartering agencies; and (xiii) work with eligible applicants receiving a subgrant under the State entity's program to support the opening of new charter schools or charter school models described in clause (i) that are high schools; (B) a description of the extent to which the State entity— (i) is able to meet and carry out the priorities described in subsection (g)(2); (ii) is working to develop or strengthen a cohesive statewide system to support the opening of new charter schools and, if applicable, the replication of high-quality charter schools, and the expansion of high-quality charter schools; and (iii) is working to develop or strengthen a cohesive strategy to encourage collaboration between charter schools and local educational agencies on the sharing of best practices; (C) a description of how the State entity will award subgrants, on a competitive basis, including— (i) a description of the application each eligible applicant desiring to receive a subgrant will be required to submit, which application shall include— (I) a description of the roles and responsibilities of eligible applicants, partner organizations, and charter management organizations, including the administrative and contractual roles and responsibilities of such partners; (II) a description of the quality controls agreed to between the eligible applicant and the authorized public chartering agency involved, such as a contract or performance agreement, how a school's performance in the State's accountability system and impact on student achievement (which may include student academic growth) will be one of the most important factors for renewal or revocation of the school's charter, and how the State entity and the authorized public chartering agency involved will reserve the right to revoke or not renew a school's charter based on financial, structural, or operational factors involving the management of the school; (III) a description of how the autonomy and flexibility granted to a charter school is consistent with the definition of a charter school in section 4310; (IV) a description of how the eligible applicant will solicit and consider input from parents and other members of the community on the implementation and operation of each charter school that will receive funds under the State entity's program; (V) a description of the eligible applicant’s planned activities and expenditures of subgrant funds to support the activities described in subsection (b)(1), and how the eligible applicant will maintain financial sustainability after the end of the subgrant period; and (VI) a description of how the eligible applicant will support the use of effective parent, family, and community engagement strategies to operate each charter school that will receive funds under the State entity’s program; and (ii) a description of how the State entity will review applications from eligible applicants; (D) in the case of a State entity that partners with an outside organization to carry out the State entity’s quality charter school program, in whole or in part, a description of the roles and responsibilities of the partner; (E) a description of how the State entity will ensure that each charter school receiving funds under the State entity’s program has considered and planned for the transportation needs of the school's students; (F) a description of how the State in which the State entity is located addresses charter schools in the State’s open meetings and open records laws; and (G) a description of how the State entity will support diverse charter school models, including models that serve rural communities. (2) Assurances Assurances that— (A) each charter school receiving funds through the State entity’s program will have a high degree of autonomy over budget and operations, including autonomy over personnel decisions; (B) the State entity will support charter schools in meeting the educational needs of their students, as described in paragraph (1)(A)(x); (C) the State entity will ensure that the authorized public chartering agency of any charter school that receives funds under the State entity’s program adequately monitors each charter school under the authority of such agency in recruiting, enrolling, retaining, and meeting the needs of all students, including children with disabilities and English learners; (D) the State entity will provide adequate technical assistance to eligible applicants to meet the objectives described in clause (viii) of paragraph (1)(A) and subparagraph (B) of this paragraph; (E) the State entity will promote quality authorizing, consistent with State law, such as through providing technical assistance to support each authorized public chartering agency in the State to improve such agency’s ability to monitor the charter schools authorized by the agency, including by— (i) assessing annual performance data of the schools, including, as appropriate, graduation rates, student academic growth, and rates of student attrition; (ii) reviewing the schools’ independent, annual audits of financial statements prepared in accordance with generally accepted accounting principles, and ensuring that any such audits are publically reported; and (iii) holding charter schools accountable to the academic, financial, and operational quality controls agreed to between the charter school and the authorized public chartering agency involved, such as through renewal, non-renewal, or revocation of the school’s charter; (F) the State entity will work to ensure that charter schools are included with the traditional public schools in decisionmaking about the public school system in the State; and (G) the State entity will ensure that each charter school receiving funds under the State entity's program makes publicly available, consistent with the dissemination requirements of the annual State report card under section 1111(h), including on the website of the school, information to help parents make informed decisions about the education options available to their children, including— (i) information on the educational program; (ii) student support services; (iii) parent contract requirements (as applicable), including any financial obligations or fees; (iv) enrollment criteria (as applicable); and (v) annual performance and enrollment data for each of the subgroups of students, as defined in section 1111(c)(2), except that such disaggregation of performance and enrollment data shall not be required in a case in which the number of students in a group is insufficient to yield statically reliable information or the results would reveal personally identifiable information about an individual student. (3) Requests for waivers Information about waivers, including— (A) a request and justification for waivers of any Federal statutory or regulatory provisions that the State entity believes are necessary for the successful operation of the charter schools that will receive funds under the State entity’s program under this section or, in the case of a State entity defined in subsection (a)(4), a description of how the State entity will work with the State to request such necessary waivers, where applicable; and (B) a description of any State or local rules, generally applicable to public schools, that will be waived, or otherwise not apply to such schools. (g) Selection criteria; priority (1) Selection criteria The Secretary shall award grants to State entities under this section on the basis of the quality of the applications submitted under subsection (f), after taking into consideration— (A) the degree of flexibility afforded by the State’s charter school law and how the State entity will work to maximize the flexibility provided to charter schools under such law; (B) the ambitiousness of the State entity's objectives for the quality charter school program carried out under this section; (C) the likelihood that the eligible applicants receiving subgrants under the program will meet those objectives and improve educational results for students; (D) the State entity's plan to— (i) adequately monitor the eligible applicants receiving subgrants under the State entity's program; (ii) work with the authorized public chartering agencies involved to avoid duplication of work for the charter schools and authorized public chartering agencies; and (iii) provide technical assistance and support for— (I) the eligible applicants receiving subgrants under the State entity’s program; and (II) quality authorizing efforts in the State; and (E) the State entity’s plan to solicit and consider input from parents and other members of the community on the implementation and operation of charter schools in the State. (2) Priority In awarding grants under this section, the Secretary shall give priority to a State entity to the extent that the entity meets the following criteria: (A) The State entity is located in a State that— (i) allows at least one entity that is not a local educational agency to be an authorized public chartering agency for developers seeking to open a charter school in the State; or (ii) in the case of a State in which local educational agencies are the only authorized public chartering agencies, the State has an appeals process for the denial of an application for a charter school. (B) The State entity is located in a State that ensures equitable financing, as compared to traditional public schools, for charter schools and students in a prompt manner. (C) The State entity is located in a State that provides charter schools one or more of the following: (i) Funding for facilities. (ii) Assistance with facilities acquisition. (iii) Access to public facilities. (iv) The ability to share in bonds or mill levies. (v) The right of first refusal to purchase public school buildings. (vi) Low- or no-cost leasing privileges. (D) The State entity is located in a State that uses best practices from charter schools to help improve struggling schools and local educational agencies. (E) The State entity supports charter schools that serve at-risk students through activities such as dropout prevention, dropout recovery, or comprehensive career counseling services. (F) The State entity has taken steps to ensure that all authorizing public chartering agencies implement best practices for charter school authorizing. (h) Local uses of funds An eligible applicant receiving a subgrant under this section shall use such funds to support the activities described in subsection (b)(1), which shall include one or more of the following activities: (1) Preparing teachers, school leaders, and specialized instructional support personnel, including through paying the costs associated with— (A) providing professional development; and (B) hiring and compensating, during the eligible applicant's planning period specified in the application for subgrant funds that is required under this section, one or more of the following: (i) Teachers. (ii) School leaders. (iii) Specialized instructional support personnel. (2) Acquiring supplies, training, equipment (including technology), and educational materials (including developing and acquiring instructional materials). (3) Carrying out necessary renovations to ensure that a new school building complies with applicable statutes and regulations, and minor facilities repairs (excluding construction). (4) Providing one-time, startup costs associated with providing transportation to students to and from the charter school. (5) Carrying out community engagement activities, which may include paying the cost of student and staff recruitment. (6) Providing for other appropriate, non-sustained costs related to the activities described in subsection (b)(1) when such costs cannot be met from other sources. (i) Reporting requirements Each State entity receiving a grant under this section shall submit to the Secretary, at the end of the third year of the 5-year grant period (or at the end of the second year of the grant period if the grant is less than 5 years), and at the end of such grant period, a report that includes the following: (1) The number of students served by each subgrant awarded under this section and, if applicable, the number of new students served during each year of the period of the subgrant. (2) A description of how the State entity met the objectives of the quality charter school program described in the State entity's application under subsection (f), including— (A) how the State entity met the objective of sharing best and promising practices described in subsection (f)(1)(A)(ix) in areas such as instruction, professional development, curricula development, and operations between charter schools and other public schools; and (B) if known, the extent to which such practices were adopted and implemented by such other public schools. (3) The number and amount of subgrants awarded under this section to carry out activities described in each of subparagraphs (A) through (C) of subsection (b)(1). (4) A description of— (A) how the State entity complied with, and ensured that eligible applicants complied with, the assurances included in the State entity’s application; and (B) how the State entity worked with authorized public chartering agencies, and how the agencies worked with the management company or leadership of the schools that received subgrant funds under this section, if applicable. 4304. Facilities financing assistance (a) Grants to eligible entities (1) In general From the amount reserved under section 4302(b)(1), the Secretary shall use not less than 50 percent to award, on a competitive basis, not less than 3 grants to eligible entities that have the highest-quality applications approved under subsection (d), after considering the diversity of such applications, to demonstrate innovative methods of helping charter schools to address the cost of acquiring, constructing, and renovating facilities by enhancing the availability of loans or bond financing. (2) Eligible entity defined For the purposes of this section, the term eligible entity means— (A) a public entity, such as a State or local governmental entity; (B) a private nonprofit entity; or (C) a consortium of entities described in subparagraphs (A) and (B). (b) Grantee selection The Secretary shall evaluate each application submitted under subsection (d), and shall determine whether the application is sufficient to merit approval. (c) Grant characteristics Grants under subsection (a) shall be of sufficient size, scope, and quality so as to ensure an effective demonstration of an innovative means of enhancing credit for the financing of charter school acquisition, construction, or renovation. (d) Applications (1) In general An eligible entity desiring to receive a grant under this section shall submit an application to the Secretary in such form as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) a statement identifying the activities that the eligible entity proposes to carry out with funds received under subsection (a), including how the eligible entity will determine which charter schools will receive assistance, and how much and what types of assistance charter schools will receive; (B) a description of the involvement of charter schools in the application’s development and the design of the proposed activities; (C) a description of the eligible entity’s expertise in capital market financing; (D) a description of how the proposed activities will leverage the maximum amount of private-sector financing capital relative to the amount of government funding used and otherwise enhance credit available to charter schools, including how the eligible entity will offer a combination of rates and terms more favorable than the rates and terms that a charter school could receive without assistance from the eligible entity under this section; (E) a description of how the eligible entity possesses sufficient expertise in education to evaluate the likelihood of success of a charter school program for which facilities financing is sought; and (F) in the case of an application submitted by a State governmental entity, a description of the actions that the eligible entity has taken, or will take, to ensure that charter schools within the State receive the funding that charter schools need to have adequate facilities. (e) Charter school objectives An eligible entity receiving a grant under subsection (a) shall use the funds deposited in the reserve account established under subsection (f) to assist one or more charter schools to access private-sector capital to accomplish one or more of the following objectives: (1) The acquisition (by purchase, lease, donation, or otherwise) of an interest (including an interest held by a third party for the benefit of a charter school) in improved or unimproved real property that is necessary to commence or continue the operation of a charter school. (2) The construction of new facilities, or the renovation, repair, or alteration of existing facilities, necessary to commence or continue the operation of a charter school. (3) The predevelopment costs required to assess sites for purposes of paragraph (1) or (2) and that are necessary to commence or continue the operation of a charter school. (f) Reserve account (1) Use of funds To assist charter schools in accomplishing the objectives described in subsection (e), an eligible entity receiving a grant under subsection (a) shall, in accordance with State and local law, directly or indirectly, alone or in collaboration with others, deposit the funds received under subsection (a) (other than funds used for administrative costs in accordance with subsection (g)) in a reserve account established and maintained by the eligible entity for this purpose. Amounts deposited in such account shall be used by the eligible entity for one or more of the following purposes: (A) Guaranteeing, insuring, and reinsuring bonds, notes, evidences of debt, loans, and interests therein, the proceeds of which are used for an objective described in subsection (e). (B) Guaranteeing and insuring leases of personal and real property for an objective described in subsection (e). (C) Facilitating financing by identifying potential lending sources, encouraging private lending, and other similar activities that directly promote lending to, or for the benefit of, charter schools. (D) Facilitating the issuance of bonds by charter schools, or by other public entities for the benefit of charter schools, by providing technical, administrative, and other appropriate assistance (including the recruitment of bond counsel, underwriters, and potential investors and the consolidation of multiple charter school projects within a single bond issue). (2) Investment Funds received under subsection (a) and deposited in the reserve account established under paragraph (1) shall be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities. (3) Reinvestment of earnings Any earnings on funds received under subsection (a) shall be deposited in the reserve account established under paragraph (1) and used in accordance with this subsection. (g) Limitation on administrative costs An eligible entity may use not more than 2.5 percent of the funds received under subsection (a) for the administrative costs of carrying out its responsibilities under this section (excluding subsection (k)). (h) Audits and reports (1) Financial record maintenance and audit The financial records of each eligible entity receiving a grant under subsection (a) shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by an independent public accountant. (2) Reports (A) Grantee annual reports Each eligible entity receiving a grant under subsection (a) shall submit to the Secretary an annual report of the entity’s operations and activities under this section (excluding subsection (k)). (B) Contents Each annual report submitted under subparagraph (A) shall include— (i) a copy of the most recent financial statements, and any accompanying opinion on such statements, prepared by the independent public accountant reviewing the financial records of the eligible entity; (ii) a copy of any report made on an audit of the financial records of the eligible entity that was conducted under paragraph (1) during the reporting period; (iii) an evaluation by the eligible entity of the effectiveness of its use of the Federal funds provided under subsection (a) in leveraging private funds; (iv) a listing and description of the charter schools served during the reporting period, including the amount of funds used by each school, the type of project facilitated by the grant, and the type of assistance provided to the charter schools; (v) a description of the activities carried out by the eligible entity to assist charter schools in meeting the objectives set forth in subsection (e); and (vi) a description of the characteristics of lenders and other financial institutions participating in the activities carried out by the eligible entity under this section (excluding subsection (k)) during the reporting period. (C) Secretarial report The Secretary shall review the reports submitted under subparagraph (A) and shall provide a comprehensive annual report to Congress on the activities conducted under this section (excluding subsection (k)). (i) No full faith and credit for grantee obligation No financial obligation of an eligible entity entered into pursuant to this section (such as an obligation under a guarantee, bond, note, evidence of debt, or loan) shall be an obligation of, or guaranteed in any respect by, the United States. The full faith and credit of the United States is not pledged to the payment of funds that may be required to be paid under any obligation made by an eligible entity pursuant to any provision of this section. (j) Recovery of funds (1) In general The Secretary, in accordance with chapter 37 of title 31, United States Code, shall collect— (A) all of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines, not earlier than 2 years after the date on which the eligible entity first received funds under subsection (a), that the eligible entity has failed to make substantial progress in carrying out the purposes described in subsection (f)(1); or (B) all or a portion of the funds in a reserve account established by an eligible entity under subsection (f)(1) if the Secretary determines that the eligible entity has permanently ceased to use all or a portion of the funds in such account to accomplish any purpose described in subsection (f)(1). (2) Exercise of authority The Secretary shall not exercise the authority provided in paragraph (1) to collect from any eligible entity any funds that are being properly used to achieve one or more of the purposes described in subsection (f)(1). (3) Procedures The provisions of sections 451, 452, and 458 of the General Education Provisions Act shall apply to the recovery of funds under paragraph (1). (4) Construction This subsection shall not be construed to impair or affect the authority of the Secretary to recover funds under part D of the General Education Provisions Act ( 20 U.S.C. 1234 et seq. ). (k) Per-Pupil facilities aid program (1) Definition of per-pupil facilities aid program In this subsection, the term per-pupil facilities aid program means a program in which a State makes payments, on a per-pupil basis, to charter schools to provide the schools with financing— (A) that is dedicated solely to funding charter school facilities; or (B) a portion of which is dedicated for funding charter school facilities. (2) Grants (A) In general From the amount reserved under section 4302(b)(1) and remaining after the Secretary makes grants under subsection (a), the Secretary shall make grants, on a competitive basis, to States to pay for the Federal share of the cost of establishing or enhancing, and administering, per-pupil facilities aid programs. (B) Period The Secretary shall award grants under this subsection for periods of not more than 5 years. (C) Federal share The Federal share of the cost described in subparagraph (A) for a per-pupil facilities aid program shall be not more than— (i) 90 percent of the cost, for the first fiscal year for which the program receives assistance under this subsection; (ii) 80 percent for the second such year; (iii) 60 percent for the third such year; (iv) 40 percent for the fourth such year; and (v) 20 percent for the fifth such year. (D) State share A State receiving a grant under this subsection may partner with 1 or more organizations, and such organizations may provide not more than 50 percent of the State share of the cost of establishing or enhancing, and administering, the per-pupil facilities aid program. (E) Multiple grants A State may receive more than 1 grant under this subsection, so long as the amount of total funds provided to charter schools increases with each successive grant. (3) Use of funds (A) In general A State that receives a grant under this subsection shall use the funds made available through the grant to establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State of the applicant. (B) Evaluations; technical assistance; dissemination From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. (C) Supplement, not supplant Funds made available under this subsection shall be used to supplement, and not supplant, State and local public funds expended to provide per-pupil facilities aid programs, operations financing programs, or other programs, for charter schools. (4) Requirements (A) Voluntary participation No State may be required to participate in a program carried out under this subsection. (B) State law (i) In general To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— (I) is specified in State law; and (II) provides annual financing, on a per-pupil basis, for charter school facilities. (ii) Special rule A State that is required under State law to provide its charter schools with access to adequate facility space, but that does not have a per-pupil facilities aid program for charter schools specified in State law, is eligible to receive a grant under this subsection if the State agrees to use the funds to develop a per-pupil facilities aid program consistent with the requirements of this subsection. (5) Applications To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 4305. National activities (a) In general From the amount reserved under section 4302(b)(2), the Secretary shall— (1) use not more than 80 percent of such funds to award grants in accordance with subsection (b); (2) use not more than 9 percent of such funds to award grants, on a competitive basis, to eligible applicants for the purpose of carrying out the activities described in section 4303(h) in a State that did not receive a grant under section 4303; and (3) after the uses described in paragraphs (1) and (2), use the remainder of such funds to— (A) disseminate technical assistance to— (i) State entities in awarding subgrants under section 4303(b)(1); and (ii) eligible entities and States receiving grants under section 4304; (B) disseminate best practices regarding charter schools; and (C) evaluate the impact of the charter school program carried out under this part, including the impact on student achievement. (b) Grants for the replication and expansion of high-quality charter schools (1) In General The Secretary shall make grants, on a competitive basis, to eligible entities having applications approved under paragraph (3) to enable such entities to open and prepare for the operation of one or more replicated high-quality charter schools or to expand one or more high-quality charter schools. (2) Definition of eligible entity For purposes of this subsection, the term eligible entity means a charter management organization. (3) Application requirements An eligible entity desiring to receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) Existing charter school data For each charter school currently operated or managed by the eligible entity— (i) student assessment results for all students and for each subgroup of students described in section 1111(c)(2); (ii) attendance and student retention rates for the most recently completed school year and, if applicable, the most recent available 4-year adjusted cohort graduation rates and extended-year adjusted cohort graduation rates; and (iii) information on any significant compliance and management issues encountered within the last 3 school years by any school operated or managed by the eligible entity, including in the areas of student safety and finance. (B) Descriptions A description of— (i) the eligible entity's objectives for implementing a high-quality charter school program with funding under this subsection, including a description of the proposed number of high-quality charter schools the eligible entity proposes to open as a result of the replication of a high-quality charter school or to expand with funding under this subsection; (ii) the educational program that the eligible entity will implement in such charter schools, including— (I) information on how the program will enable all students to meet the challenging State academic standards; (II) the grade levels or ages of students who will be served; and (III) the instructional practices that will be used; (iii) how the operation of such charter schools will be sustained after the grant under this subsection has ended, which shall include a multi-year financial and operating model for the eligible entity; (iv) how the eligible entity will ensure that such charter schools will recruit and enroll students, including children with disabilities, English learners, and other educationally disadvantaged students; and (v) any request and justification for any waivers of Federal statutory or regulatory requirements that the eligible entity believes are necessary for the successful operation of such charter schools. (C) Assurance An assurance that the eligible entity has sufficient procedures in effect to ensure timely closure of low-performing or financially mismanaged charter schools and clear plans and procedures in effect for the students in such schools to attend other high-quality schools. (4) Selection criteria The Secretary shall select eligible entities to receive grants under this subsection, on the basis of the quality of the applications submitted under paragraph (3), after taking into consideration such factors as— (A) the degree to which the eligible entity has demonstrated success in increasing academic achievement for all students and for each of the subgroups of students described in section 1111(c)(2) attending the charter schools the eligible entity operates or manages; (B) a determination that the eligible entity has not operated or managed a significant proportion of charter schools that— (i) have been closed; (ii) have had the school's charter revoked due to problems with statutory or regulatory compliance; or (iii) have had the school's affiliation with the eligible entity revoked or terminated, including through voluntary disaffiliation; and (C) a determination that the eligible entity has not experienced significant problems with statutory or regulatory compliance that could lead to the revocation of a school's charter. (5) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (A) plan to operate or manage high-quality charter schools with racially and socioeconomically diverse student bodies; (B) demonstrate success in working with schools identified by the State for comprehensive support and improvement under section 1111(c)(4)(D)(i); (C) propose to use funds— (i) to expand high-quality charter schools to serve high school students; or (ii) to replicate high-quality charter schools to serve high school students; or (D) propose to operate or manage high-quality charter schools that focus on dropout recovery and academic reentry. (c) Terms and conditions Except as otherwise provided, grants awarded under paragraphs (1) and (2) of subsection (a) shall have the same terms and conditions as grants awarded to State entities under section 4303. ; (2) in section 4306 ( 20 U.S.C. 7221e ), as redesignated by section 4001, by adding at the end the following: (c) New or significantly expanding charter schools For purposes of implementing the hold harmless protections in sections 1122(c) and 1125A(g)(3) for a newly opened or significantly expanded charter school under this part, a State educational agency shall calculate a hold-harmless base for the prior year that, as applicable, reflects the new or significantly expanded enrollment of the charter school. ; (3) in section 4308 ( 20 U.S.C. 7221g ), as redesignated by section 4001, by inserting as quickly as possible and before to the extent practicable ; (4) in section 4310 ( 20 U.S.C. 7221i ), as redesignated by section 4001— (A) in the matter preceding paragraph (1), by striking subpart and inserting part ; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (5), and (6), respectively; (C) by redesignating paragraph (4) as paragraph (1), and moving such paragraph so as to precede paragraph (2), as redesignated by subparagraph (B); (D) in paragraph (2), as redesignated by subparagraph (B)— (i) in subparagraph (G), by striking , and part B and inserting , the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ), and part B ; (ii) by striking subparagraph (H) and inserting the following: (H) is a school to which parents choose to send their children, and that— (i) admits students on the basis of a lottery, consistent with section 4303(c)(3)(A), if more students apply for admission than can be accommodated; or (ii) in the case of a school that has an affiliated charter school (such as a school that is part of the same network of schools), automatically enrolls students who are enrolled in the immediate prior grade level of the affiliated charter school and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); ; (iii) by striking subparagraph (I) and inserting the following: (I) agrees to comply with the same Federal and State audit requirements as do other elementary schools and secondary schools in the State, unless such State audit requirements are waived by the State; ; (iv) in subparagraph (K), by striking and at the end; (v) in subparagraph (L), by striking the period at the end and inserting ; and ; and (vi) by adding at the end the following: (M) may serve students in early childhood education programs or postsecondary students. ; (E) by inserting after paragraph (2), as redesignated by subparagraph (B), the following: (3) Charter management organization The term charter management organization means a nonprofit organization that operates or manages a network of charter schools linked by centralized support, operations, and oversight. (4) Charter school support organization The term charter school support organization means a nonprofit, nongovernmental entity that is not an authorized public chartering agency and provides, on a statewide basis— (A) assistance to developers during the planning, program design, and initial implementation of a charter school; and (B) technical assistance to operating charter schools. ; (F) in paragraph (6)(B), as redesignated by subparagraph (B), by striking under section 5203(d)(3) ; and (G) by adding at the end the following: (7) Expand The term expand , when used with respect to a high-quality charter school, means to significantly increase enrollment or add one or more grades to the high-quality charter school. (8) High-quality charter school The term high-quality charter school means a charter school that— (A) shows evidence of strong academic results, which may include strong student academic growth, as determined by a State; (B) has no significant issues in the areas of student safety, financial and operational management, or statutory or regulatory compliance; (C) has demonstrated success in significantly increasing student academic achievement, including graduation rates where applicable, for all students served by the charter school; and (D) has demonstrated success in increasing student academic achievement, including graduation rates where applicable, for each of the subgroups of students, as defined in section 1111(c)(2), except that such demonstration is not required in a case in which the number of students in a group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student. (9) Replicate The term replicate , when used with respect to a high-quality charter school, means to open a new charter school, or a new campus of a high-quality charter school, based on the educational model of an existing high-quality charter school, under an existing charter or an additional charter, if permitted or required by State law. ; and (5) by striking section 4311 ( 20 U.S.C. 7221j ), as redesignated by section 4001, and inserting the following: 4311. Authorization of appropriations There are authorized to be appropriated to carry out this part— (1) $270,000,000 for fiscal year 2017; (2) $270,000,000 for fiscal year 2018; (3) $300,000,000 for fiscal year 2019; and (4) $300,000,000 for fiscal year 2020. . D Magnet schools assistance 4401. Magnet schools assistance Part D of title IV ( 20 U.S.C. 7201 et seq. ), as amended by section 4001(b)(3), is further amended— (1) in section 4401— (A) in subsection (a)(2)— (i) by striking 2,000,000 and inserting 2,500,000 ; and (ii) by striking 65 and inserting 69 ; and (B) in subsection (b)— (i) in paragraph (2)— (I) by striking and implementation and inserting , implementation, and expansion ; and (II) by striking content standards and student academic achievement standards and inserting standards ; (ii) in paragraph (3), by striking and design and inserting , design, and expansion ; (iii) in paragraph (4), by striking vocational and inserting career ; and (iv) in paragraph (6), by striking productive ; (2) in section 4405(b)— (A) in paragraph (1)— (i) in subparagraph (A), by inserting any available evidence on, or if such evidence is not available, a rationale, based on current research, for before how the proposed magnet school programs ; (ii) in subparagraph (B), by inserting , including any evidence, or if such evidence is not available, a rationale based on current research findings, to support such description before the semicolon; (iii) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (iv) by inserting after subparagraph (C) the following: (D) how the applicant will assess, monitor, and evaluate the impact of the activities funded under this part on student achievement and integration; ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking section 5301(b) and inserting section 4401(b) ; and (ii) in subparagraph (B), by striking highly qualified and inserting effective ; (3) in section 4406, by striking paragraphs (2) and (3) and inserting the following: (2) propose to— (A) carry out a new, evidence-based magnet school program; (B) significantly revise an existing magnet school program, using evidence-based methods and practices, as available; or (C) replicate an existing magnet school program that has a demonstrated record of success in increasing student academic achievement and reducing isolation of minority groups; (3) propose to select students to attend magnet school programs by methods such as lottery, rather than through academic examination; and (4) propose to increase racial integration by taking into account socioeconomic diversity in designing and implementing magnet school programs. ; (4) in section 4407— (A) in subsection (a)— (i) in paragraph (3), by striking highly qualified and inserting effective ; (ii) in paragraph (6), by striking and at the end; (iii) in paragraph (7), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (8) to enable the local educational agency, or consortium of such agencies, or other organizations partnered with such agency or consortium, to establish, expand, or strengthen inter-district and regional magnet programs; and (9) notwithstanding section 426 of the General Education Provisions Act ( 20 U.S.C. 1228 ), to provide transportation to and from the magnet school, provided that— (A) such transportation is sustainable beyond the grant period; and (B) the costs of providing transportation do not represent a significant portion of the grant funds received by the eligible local educational agency under this part . ; and (B) by striking subsection (b) and inserting the following: (b) Special rule Grant funds under this part may be used for activities described in paragraphs (2) and (3) of subsection (a) only if the activities are directly related to improving student academic achievement based on the challenging State academic standards or directly related to improving student reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art, or music, or to improving career, technical, and professional skills. ; (5) in section 4408— (A) in subsection (a), by striking 3 and inserting 5 ; (B) by striking subsection (c) and inserting the following: (c) Amount No grant awarded under this part to a local educational agency, or a consortium of such agencies, shall be for more than $15,000,000 for the grant period described in subsection (a). ; and (C) in subsection (d), by striking July and inserting June ; (6) in section 4409— (A) by striking subsection (a) and inserting the following: (a) Authorization There are authorized to be appropriated to carry out this part the following amounts: (1) $94,000,000 for fiscal year 2017. (2) $96,820,000 for fiscal year 2018. (3) $102,387,150 for fiscal year 2019. (4) $108,530,379 for fiscal year 2020. . (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) Reservation for technical assistance The Secretary may reserve not more than 1 percent of the funds appropriated under subsection (a) for any fiscal year to provide technical assistance and share best practices with respect to magnet school programs assisted under this part. . E Family engagement in education programs 4501. Family Engagement in Education Programs Title IV ( 20 U.S.C. 7101 et seq. ), as amended by section 4001, is further amended by adding at the end the following: E Family Engagement in Education Programs 4501. Purposes The purposes of this part are the following: (1) To provide financial support to organizations to provide technical assistance and training to State educational agencies and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. (2) To assist State educational agencies, local educational agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, school leaders, administrators, and other school personnel in meeting the educational needs of children and fostering greater parental engagement. (3) To support State educational agencies, local educational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their children’s school in order to further the developmental progress of children. (4) To coordinate activities funded under this part with parent involvement initiatives funded under section 1116 and other provisions of this Act. (5) To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education. 4502. Grants authorized (a) Statewide family engagement centers From the amount appropriated under section 4506 and not reserved under subsection (d), the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organizations), to establish statewide family engagement centers that— (1) carry out parent education, and family engagement in education, programs; or (2) provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out such programs. (b) Minimum award In awarding grants under this section, the Secretary shall, to the extent practicable, ensure that a grant is awarded for a statewide family engagement center in an amount not less than $500,000. (c) Matching funds for grant renewal Each organization or consortium receiving assistance under this part shall demonstrate that, for each fiscal year after the first fiscal year for which the organization or consortium is receiving such assistance, a portion of the services provided by the organization or consortium is supported through non-Federal contributions, which may be in cash or in-kind. (d) Technical assistance The Secretary shall reserve not more than 2 percent of the funds appropriated under section 4506 to carry out this part to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordination of statewide family engagement centers. 4503. Applications (a) Submissions Each statewide organization, or a consortium of such organizations, that desires a grant under this part shall submit an application to the Secretary at such time and in such manner as the Secretary may require, which shall include the information described in subsection (b). (b) Contents Each application submitted under subsection (a) shall include, at a minimum, the following: (1) A description of the applicant’s approach to family engagement in education. (2) A description of how the State educational agency and any partner organization will support the statewide family engagement center that will be operated by the applicant including a description of the State educational agency and any partner organization’s commitment of such support. (3) A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes— (A) management and governance; (B) statewide leadership; or (C) systemic services for family engagement in education. (4) A description of the applicant’s demonstrated experience in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, parents of English learners, minorities, students with disabilities, homeless children and youth, children and youth in foster care, and migrant students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. (5) A description of the steps the applicant will take to target services to low-income students and parents. (6) An assurance that the applicant will— (A) establish a special advisory committee, the membership of which includes— (i) parents, who shall constitute a majority of the members of the special advisory committee; (ii) representatives of education professionals with expertise in improving services for disadvantaged children; (iii) representatives of local elementary schools and secondary schools, including students; (iv) representatives of the business community; and (v) representatives of State educational agencies and local educational agencies; (B) use not less than 65 percent of the funds received under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including students who are English learners, minorities, students with disabilities, homeless children and youth, children and youth in foster care, and migrant students; (C) operate a statewide family engagement center of sufficient size, scope, and quality to ensure that the center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (D) ensure that the statewide family engagement center will retain staff with the requisite training and experience to serve parents in the State; (E) serve urban, suburban, and rural local educational agencies and schools; (F) work with— (i) other statewide family engagement centers assisted under this part; and (ii) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1471 ; 1472); (G) use not less than 30 percent of the funds received under this part for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; (H) provide assistance to State educational agencies, local educational agencies, and community-based organizations that support family members in supporting student academic achievement; (I) work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of services to address such needs; (J) conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult time engaging with a school or local educational agency; and (K) conduct outreach to low-income students and parents, including low-income students and parents who are not proficient in English. (7) An assurance that the applicant will conduct training programs in the community to improve adult literacy, including financial literacy. (c) Priority In awarding grants for activities described in this part, the Secretary shall give priority to statewide family engagement centers that will use funds under section 4504 for evidence-based activities, which, for the purposes of this part is defined as activities meeting the requirements of section 8101(21)(A)(i). 4504. Uses of funds (a) In general Each statewide organization or consortium receiving a grant under this part shall use the grant funds, based on the needs determined under section 4503(b)(6)(I), to provide training and technical assistance to State educational agencies, local educational agencies, and organizations that support family-school partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents— (1) to assist parents in participating effectively in their children’s education and to help their children meet challenging State academic standards, such as by assisting parents— (A) to engage in activities that will improve student academic achievement, including understanding how parents can support learning in the classroom with activities at home and in after school and extracurricular programs; (B) to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel; (C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D) to participate in the design and provision of assistance to students who are not making academic progress; (E) to participate in State and local decisionmaking; (F) to train other parents; and (G) in learning and using technology applied in their children's education; (2) to develop and implement, in partnership with the State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; and (3) to develop and implement parental involvement policies under this Act. (b) Rule of construction Nothing in this section shall be construed to prohibit a statewide family engagement center from— (1) having its employees or agents meet with a parent at a site that is not on school grounds; or (2) working with another agency that serves children. (c) Parental rights Notwithstanding any other provision of this section— (1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2) no program or center assisted under this section shall take any action that infringes in any manner on the right of parents to direct the education of their children. 4505. Family engagement in Indian schools The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with, local tribes, tribal organizations, or Indian nonprofit parent organizations to establish and operate family engagement centers. 4506. Authorization of appropriations There are authorized to be appropriated to carry out this part $10,000,000 for each of fiscal years 2017 through 2020.’’. . F National activities 4601. National activities Title IV ( 20 U.S.C. 7101 et seq. ), as amended by the previous provisions of this title, is further amended by adding at the end the following: F National activities 4601. Authorization of appropriations; reservations (a) Authorization of appropriations There are authorized to be appropriated to carry out this part— (1) $200,741,000 for each of fiscal years 2017 and 2018; and (2) $220,741,000 for each of fiscal years 2019 and 2020. (b) Reservations From the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall— (1) reserve $5,000,000 to carry out activities authorized under subpart 3; and (2) from the amounts remaining after the reservation under paragraph (1)— (A) carry out activities authorized under subpart 1 using— (i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and (ii) 42 percent of such remainder for each of fiscal years 2019 and 2020; (B) carry out activities authorized under subpart 2 using— (i) 36 percent of such remainder for each of fiscal years 2017 and 2018; and (ii) 32 percent of such remainder for each of fiscal years 2019 and 2020; and (C) to carry out activities authorized under subpart 4— (i) 28 percent of such remainder for each of fiscal years 2017 and 2018; and (ii) 26 percent of such remainder for each of fiscal years 2019 and 2020. 1 Education innovation and research 4611. Grants for education innovation and research (a) Program authorized (1) In general From funds reserved under section 4601(b)(2)(A), the Secretary shall make grants to eligible entities to enable the eligible entities to— (A) create, develop, implement, replicate, or take to scale entrepreneurial, evidence-based, field-initiated innovations to improve student achievement and attainment for high-need students; and (B) rigorously evaluate such innovations, in accordance with subsection (e). (2) Description of grants The grants described in paragraph (1) shall include— (A) early-phase grants to fund the development, implementation, and feasibility testing of a program, which prior research suggests has promise, for the purpose of determining whether the program can successfully improve student achievement or attainment for high-need students; (B) mid-phase grants to fund implementation and a rigorous evaluation of a program that has been successfully implemented under an early-phase grant described in subparagraph (A) or other effort meeting similar criteria, for the purpose of measuring the program’s impact and cost effectiveness, if possible using existing administrative data; and (C) expansion grants to fund implementation and a rigorous replication evaluation of a program that has been found to produce sizable, important impacts under a mid-phase grant described in subparagraph (B) or other effort meeting similar criteria, for the purposes of— (i) determining whether such impacts can be successfully reproduced and sustained over time; and (ii) identifying the conditions in which the program is most effective. (b) Eligible entity In this subpart, the term eligible entity means any of the following: (1) A local educational agency. (2) A State educational agency. (3) The Bureau of Indian Education. (4) A consortium of State educational agencies or local educational agencies. (5) A nonprofit organization. (6) A State educational agency, a local educational agency, a consortium described in paragraph (4), or the Bureau of Indian Education, in partnership with— (A) a nonprofit organization; (B) a business; (C) an educational service agency; or (D) an institution of higher education. (c) Rural areas (1) In general In awarding grants under subsection (a), the Secretary shall ensure that not less than 25 percent of the funds made available for any fiscal year are awarded for programs that meet both of the following requirements: (A) The grantee is— (i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; (ii) a consortium of such local educational agencies; (iii) an educational service agency or a nonprofit organization in partnership with such a local educational agency; or (iv) a grantee described in clause (i) or (ii) in partnership with a State educational agency. (B) A majority of the schools to be served by the program are designated with a locale code of 32, 33, 41, 42, or 43, or a combination of such codes, as determined by the Secretary. (2) Exception Notwithstanding paragraph (1), the Secretary shall reduce the amount of funds made available under such paragraph if the Secretary does not receive a sufficient number of applications of sufficient quality. (d) Matching funds In order to receive a grant under subsection (a), an eligible entity shall demonstrate that the eligible entity will provide matching funds, in cash or through in-kind contributions, from Federal, State, local, or private sources in an amount equal to 10 percent of the funds provided under such grant, except that the Secretary may waive the matching funds requirement, on a case-by-case basis, upon a showing of exceptional circumstances, such as— (1) the difficulty of raising matching funds for a program to serve a rural area; (2) the difficulty of raising matching funds in areas with a concentration of local educational agencies or schools with a high percentage of students aged 5 through 17— (A) who are in poverty, as counted in the most recent census data approved by the Secretary; (B) who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (C) whose families receive assistance under the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); or (D) who are eligible to receive medical assistance under the Medicaid program; and (3) the difficulty of raising funds on tribal land. (e) Evaluation Each recipient of a grant under this section shall conduct an independent evaluation of the effectiveness of the program carried out under such grant. (f) Technical assistance The Secretary may reserve not more than 5 percent of the funds appropriated under section 4601(b)(2)(A) for each fiscal year to— (1) provide technical assistance for eligibility entities, which may include pre-application workshops, web-based seminars, and evaluation support; and (2) to disseminate best practices. 2 Community support for school success 4621. Purposes The purposes of this subpart are to— (1) significantly improve the academic and developmental outcomes of children living in the most distressed communities of the United States, including ensuring school readiness, high school graduation, and access to a community-based continuum of high-quality services; and (2) provide support for the planning, implementation, and operation of full-service community schools that improve the coordination and integration, accessibility, and effectiveness of services for children and families, particularly for children attending high-poverty schools, including high-poverty rural schools. 4622. Definitions In this subpart: (1) Eligible entity The term eligible entity means the following: (A) With respect to a grant for activities described in section 4623(a)(1)(A)— (i) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); (ii) an Indian tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); or (iii) one or more nonprofit entities working in formal partnership with not less than 1 of the following entities: (I) A high-need local educational agency. (II) An institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (III) The office of a chief elected official of a unit of local government. (IV) An Indian tribe or tribal organization, as defined under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (B) With respect to a grant for activities described in section 4623(a)(1)(B), a consortium of— (i) (I) 1 or more local educational agencies; or (II) the Bureau of Indian Education; and (ii) 1 or more community-based organizations, nonprofit organizations, or other public or private entities. (2) Full-service community school The term full-service community school means a public elementary school or secondary school that— (A) participates in a community-based effort to coordinate and integrate educational, developmental, family, health, and other comprehensive services through community-based organizations and public and private partnerships; and (B) provides access to such services in school to students, families, and the community, such as access during the school year (including before- and after-school hours and weekends), as well as during the summer. (3) Pipeline services The term pipeline services means a continuum of coordinated supports, services, and opportunities for children from birth through entry into and success in postsecondary education, and career attainment. Such services shall include, at a minimum, strategies to address through services or programs (including integrated student supports) the following: (A) High-quality early childhood education programs. (B) High-quality school and out-of-school-time programs and strategies. (C) Support for a child’s transition to elementary school, from elementary school to middle school, from middle school to high school, and from high school into and through postsecondary education and into the workforce, including any comprehensive readiness assessment determined necessary. (D) Family and community engagement and supports, which may include engaging or supporting families at school or at home. (E) Activities that support postsecondary and workforce readiness, which may include job training, internship opportunities, and career counseling. (F) Community-based support for students who have attended the schools in the area served by the pipeline, or students who are members of the community, facilitating their continued connection to the community and success in postsecondary education and the workforce. (G) Social, health, nutrition, and mental health services and supports. (H) Juvenile crime prevention and rehabilitation programs. 4623. Program authorized (a) Program authorized (1) In general The Secretary shall use not less than 95 percent of the amounts made available under section 4601(b)(2)(B) to award grants, on a competitive basis and subject to subsection (e), to eligible entities for the following activities: (A) Promise neighborhoods The implementation of a comprehensive, effective continuum of coordinated services that meets the purpose described in section 4621(1) by carrying out activities in neighborhoods with— (i) high concentrations of low-income individuals; (ii) multiple signs of distress, which may include high rates of poverty, childhood obesity, academic failure, and juvenile delinquency, adjudication, or incarceration; and (iii) schools implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d). (B) Full-service community schools The provision of assistance to public elementary schools or secondary schools to function as full-service community schools. (2) Sufficient size and scope Each grant awarded under this subpart shall be of sufficient size and scope to allow the eligible entity to carry out the applicable purposes of this subpart. (b) Duration A grant awarded under this subpart shall be for a period of not more than 5 years, and may be extended for an additional period of not more than 2 years. (c) Continued funding Continued funding of a grant under this subpart, including a grant extended under subsection (b), after the third year of the initial grant period shall be contingent on the eligible entity’s progress toward meeting— (1) with respect to a grant for activities described in section 4624, the performance metrics described in section 4624(h); and (2) with respect to a grant for activities described in section 4625, annual performance objectives and outcomes under section 4625(a)(4)(C). (d) Matching requirements (1) Promise Neighborhood activities (A) Matching funds Each eligible entity receiving a grant under this subpart for activities described in section 4624 shall contribute matching funds in an amount equal to not less than 100 percent of the amount of the grant. Such matching funds shall come from Federal, State, local, and private sources. (B) Private sources The Secretary shall require that a portion of the matching funds come from private sources, which may include in-kind contributions. (C) Adjustment The Secretary may adjust the matching funds requirement under this paragraph for applicants that demonstrate high need, including applicants from rural areas and applicants that wish to provide services on tribal lands. (D) Financial hardship waiver The Secretary may waive or reduce, on a case-by-case basis, the matching requirement under this paragraph, including the requirement for funds from private sources, for a period of 1 year at a time, if the eligible entity demonstrates significant financial hardship. (2) Full-service community schools activities (A) In general Each eligible entity receiving a grant under this subpart for activities described in section 4625 shall provide matching funds from non-Federal sources, which may be provided in part with in-kind contributions. (B) Special rule The Bureau of Indian Education may meet the requirement of subparagraph (A) using funds from other Federal sources. (3) Special rules (A) In general The Secretary may not require any eligible entity receiving a grant under this subpart to provide matching funds in an amount that exceeds the amount of the grant award. (B) Consideration Notwithstanding this subsection, the Secretary shall not consider the ability of an eligible entity to match funds when determining which applicants will receive grants under this subpart. (e) Reservation for rural areas (1) In general From the amounts allocated under subsection (a) for grants to eligible entities, the Secretary shall use not less than 15 percent of such amounts to award grants to eligible entities that propose to carry out the activities described in such subsection in rural areas. (2) Exception The Secretary shall reduce the amount described in paragraph (1) if the Secretary does not receive a sufficient number of applications of sufficient quality. (f) Minimum number of grants For each fiscal year, the Secretary shall award under this subpart not fewer than 3 grants for activities described in section 4624 and not fewer than 10 grants for activities described in section 4625, subject to the availability of appropriations, the requirements of subsection (a)(2), and the number and quality of applications. 4624. Promise neighborhoods (a) Application requirements An eligible entity desiring a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including, at a minimum, all of the following: (1) A plan to significantly improve the academic outcomes of children living in a neighborhood that is served by the eligible entity— (A) by providing pipeline services that address the needs of children in the neighborhood, as identified by the needs analysis described in paragraph (4); and (B) that is supported by effective practices. (2) A description of the neighborhood that the eligible entity will serve. (3) Measurable annual objectives and outcomes for the grant, in accordance with the metrics described in subsection (h), for each year of the grant. (4) An analysis of the needs and assets of the neighborhood identified in paragraph (1), including— (A) the size and scope of the population affected; (B) a description of the process through which the needs analysis was produced, including a description of how parents, families, and community members were engaged in such analysis; (C) an analysis of community assets and collaborative efforts (including programs already provided from Federal and non-Federal sources) within, or accessible to, the neighborhood, including, at a minimum, early learning opportunities, family and student supports, local businesses, local educational agencies, and institutions of higher education; (D) the steps that the eligible entity is taking, at the time of the application, to address the needs identified in the needs analysis; and (E) any barriers the eligible entity, public agencies, and other community-based organizations have faced in meeting such needs. (5) A description of— (A) all information that the entity used to identify the pipeline services to be provided, which shall not include information that is more than 3 years old; and (B) how the eligible entity will— (i) collect data on children served by each pipeline service; and (ii) increase the percentage of children served over time. (6) A description of the process used to develop the application, including the involvement of family and community members. (7) A description of how the pipeline services will facilitate the coordination of the following activities: (A) Providing early learning opportunities for children, including by— (i) providing opportunities for families to acquire the skills to promote early learning and child development; and (ii) ensuring appropriate diagnostic assessments and referrals for children with disabilities and children aged 3 through 9 experiencing developmental delays, consistent with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), where applicable. (B) Supporting, enhancing, operating, or expanding rigorous, comprehensive, effective educational improvements, which may include high-quality academic programs, expanded learning time, and programs and activities to prepare students for postsecondary education admissions and success. (C) Supporting partnerships between schools and other community resources with an integrated focus on academics and other social, health, and familial supports. (D) Providing social, health, nutrition, and mental health services and supports, for children, family members, and community members, which may include services provided within the school building. (E) Supporting evidence-based programs that assist students through school transitions, which may include expanding access to postsecondary education courses and postsecondary education enrollment aid or guidance, and other supports for at-risk youth. (8) A description of the strategies that will be used to provide pipeline services (including a description of which programs and services will be provided to children, family members, community members, and children within the neighborhood) to support the purpose described in section 4621(1). (9) An explanation of the process the eligible entity will use to establish and maintain family and community engagement, including— (A) involving representative participation by the members of such neighborhood in the planning and implementation of the activities of each grant awarded under this subpart for activities described in this section; (B) the provision of strategies and practices to assist family and community members in actively supporting student achievement and child development; (C) providing services for students, families, and communities within the school building; and (D) collaboration with institutions of higher education, workforce development centers, and employers to align expectations and programming with postsecondary education and workforce readiness, (10) An explanation of how the eligible entity will continuously evaluate and improve the continuum of high-quality pipeline services to provide for continuous program improvement and potential expansion. (b) Priority In awarding grants for activities described in this section, the Secretary shall give priority to eligible entities that will use funds under subsection (d) for evidence-based activities, which, for purposes of this subsection, is defined as activities meeting the requirements of section 8101(21)(A)(i). (c) Memorandum of understanding As eligible entity shall, as part of the application described in subsection (a), submit a preliminary memorandum of understanding, signed by each partner entity or agency described in section 4622(1)(A)(3) (if applicable) and detailing each partner’s financial, programmatic, and long-term commitment with respect to the strategies described in the application. (d) Uses of funds Each eligible entity that receives a grant under this subpart to carry out a program of activities described in this section shall use the grant funds to— (1) support planning activities to develop and implement pipeline services; (2) implement the pipeline services; and (3) continuously evaluate the success of the program and improve the program based on data and outcomes. (e) Special rules (1) Funds for pipeline services Each eligible entity that receives a grant under this subpart for activities described in this section shall, for the first year of the grant, use not less than 50 percent of the grant funds, and, for the second year of the grant, use not less than 25 percent of the grant funds, to carry out the activities described in subsection (d)(1). (2) Operational flexibility Each eligible entity that operates a school in a neighborhood served by a grant program under this subpart for activities described in this section shall provide such school with the operational flexibility, including autonomy over staff, time, and budget, needed to effectively carry out the activities described in the application under subsection (a). (3) Limitation on use of funds for early childhood education programs Funds provided under this subpart for activities described in this section that are used to improve early childhood education programs shall not be used to carry out any of the following activities: (A) Assessments that provide rewards or sanctions for individual children or teachers. (B) A single assessment that is used as the primary or sole method for assessing program effectiveness. (C) Evaluating children, other than for the purposes of improving instruction, classroom environment, professional development, or parent and family engagement, or program improvement. (f) Report Each eligible entity that receives a grant under this subpart for activities described in this section shall prepare and submit an annual report to the Secretary, which shall include— (1) information about the number and percentage of children in the neighborhood who are served by the grant program, including a description of the number and percentage of children accessing each support or service offered as part of the pipeline services; and (2) information relating to the performance metrics described in subsection (h). (g) Publicly available data Each eligible entity that receives a grant under this subpart for activities described in this section shall make publicly available, including through electronic means, the information described in subsection (f). To the extent practicable, such information shall be provided in a form and language accessible to parents and families in the neighborhood served under the grant, and such information shall be a part of statewide longitudinal data systems. (h) Performance indicators (1) In general The Secretary shall establish performance indicators under paragraph (2) and corresponding metrics to be used for the purpose of reporting under paragraph (3) and program evaluation under subsection (i). (2) Indicators The performance indicators established by the Secretary under paragraph (1) shall be indicators of improved academic and developmental outcomes for children, including indicators of school readiness, high school graduation, postsecondary education and career readiness, and other academic and developmental outcomes, to promote— (A) data-driven decision-making by eligible entities receiving funds under this subpart; and (B) access to a community-based continuum of high-quality services for children living in the most distressed communities of the United States, beginning at birth. (3) Reporting Each eligible entity that receives a grant under this subpart for activities described in this section shall annually collect and report to the Secretary data on the performance indicators described in paragraph (2) for use by the Secretary in making a determination concerning continuation funding and grant extension under section 4623(b) for each eligible entity. (i) Evaluation The Secretary shall reserve not more than 5 percent of the funds made available under section 4601(b)(2)(A) to provide technical assistance and evaluate the implementation and impact of the activities funded under this section, in accordance with section 8601. 4625. Full-service community schools (a) Application An eligible entity that desires a grant under this subpart for activities described in this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The Secretary shall require that each such application include the following: (1) A description of the eligible entity. (2) A memorandum of understanding among all partner entities in the eligible entity that will assist the eligible entity to coordinate and provide pipeline services and that describes the roles the partner entities will assume. (3) A description of the capacity of the eligible entity to coordinate and provide pipeline services at 2 or more full-service community schools. (4) A comprehensive plan that includes descriptions of the following: (A) The student, family, and school community to be served, including demographic information. (B) A needs assessment that identifies the academic, physical, nonacademic, health, mental health, and other needs of students, families, and community residents. (C) Annual measurable performance objectives and outcomes, including an increase in the number and percentage of families and students targeted for services each year of the program, in order to ensure that children are— (i) prepared for kindergarten; (ii) achieving academically; and (iii) safe, healthy, and supported by engaged parents. (D) Pipeline services, including existing and additional pipeline services, to be coordinated and provided by the eligible entity and its partner entities, including an explanation of— (i) why such services have been selected; (ii) how such services will improve student academic achievement; and (iii) how such services will address the annual measurable performance objectives and outcomes established under subparagraph (C). (E) Plans to ensure that each full-service community school site has a full-time coordinator of pipeline services at such school, including a description of the applicable funding sources, plans for professional development for the personnel managing, coordinating, or delivering pipeline services, and plans for joint utilization and management of school facilities. (F) Plans for annual evaluation based upon attainment of the performance objectives and outcomes described in subparagraph (C). (G) Plans for sustaining the programs and services described in this subsection after the grant period. (5) An assurance that the eligible entity and its partner entities will focus services on schools eligible for a schoolwide program under section 1114(b). (b) Priority In awarding grants under this subpart for activities described in this section, the Secretary shall give priority to eligible entities that— (1) (A) will serve a minimum of 2 or more full-service community schools eligible for a schoolwide program under section 1114(b), as part of a community- or district-wide strategy; or (B) include a local educational agency that satisfies the requirements of— (i) subparagraph (A), (B), or (C) of section 5211(b)(1); or (ii) subparagraphs (A) and (B) of section 5221(b)(1); (2) are consortiums comprised of a broad representation of stakeholders or consortiums demonstrating a history of effectiveness; and (3) will use funds for evidence-based activities described in subsection (e), defined for purposes of this paragraph as activities meeting the requirements of section 8101(21)(A)(i). (c) Planning The Secretary may authorize an eligible entity receiving a grant under this subpart for activities described in this section to use not more than 10 percent of the total amount of grant funds for planning purposes during the first year of the grant. (d) Minimum amount The Secretary may not award a grant under this subpart for activities described in this section to an eligible entity in an amount that is less than $75,000 for each year of the grant period, subject to the availability of appropriations. (e) Use of funds Grants awarded under this subpart for activities described in this section shall be used to— (1) coordinate not less than 3 existing pipeline services, as of the date of the grant award, and provide not less than 2 additional pipeline services, at 2 or more public elementary schools or secondary schools; (2) to the extent practicable, integrate multiple pipeline services into a comprehensive, coordinated continuum to achieve the annual measurable performance objectives and outcomes under subsection (a)(4)(C) to meet the holistic needs of children; and (3) if applicable, coordinate and integrate services provided by community-based organizations and government agencies with services provided by specialized instructional support personnel. (f) Evaluations by the institute of education sciences The Secretary, acting through the Director of the Institute of Education Sciences, shall conduct evaluations of the effectiveness of grants under this subpart for activities described in this section in achieving the purpose described in section 4621(2). (g) Evaluations by grantees The Secretary shall require each eligible entity receiving a grant under this subpart for activities described in this section to— (1) conduct annual evaluations of the progress achieved with the grant toward the purpose described in section 4621(2); (2) use such evaluations to refine and improve activities carried out through the grant and the annual measurable performance objectives and outcomes under subsection (a)(4)(C); and (3) make the results of such evaluations publicly available, including by providing public notice of such availability. (h) Construction clause Nothing in this section shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (i) Supplement, not supplant Funds made available to an eligible entity through a grant under this subpart for activities described in this section may be used only to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section. 3 National activities for school safety 4631. National activities for school safety (a) Program authorized (1) In general From the funds reserved under section 4601(b)(1), the Secretary— (A) shall use a portion of such funds for the Project School Emergency Response to Violence program (in this section referred to as Project SERV ), in order to provide education-related services to eligible entities; and (B) may use a portion of such funds to carry out other activities to improve students’ safety and well-being, during and after the school day, under this section directly or through grants, contracts, or cooperative agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this section or conducting a national evaluation. (2) Availability Amounts reserved under section 4601(b)(1) for Project SERV are authorized to remain available until expended for Project SERV. (b) Project SERV (1) Additional use of funds Funds made available under subsection (a) for extended services grants under Project SERV may be used by an eligible entity to initiate or strengthen violence prevention activities as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded. (2) Application process (A) In general An eligible entity desiring to use a portion of extended services grant funds under Project SERV to initiate or strengthen a violence prevention activity shall— (i) submit, in an application that meets all requirements of the Secretary for Project SERV, the information described in subparagraph (B); or (ii) in the case of an eligible entity that has already received an extended services grant under Project SERV, submit an addition to the original application that includes the information described in subparagraph (B). (B) Application requirements An application, or addition to an application, for an extended services grant pursuant to subparagraph (A) shall include the following: (i) A demonstration of the need for funds due to a continued disruption or a substantial risk of disruption to the learning environment. (ii) An explanation of the proposed activities that are designed to restore and preserve the learning environment. (iii) A budget and budget narrative for the proposed activities. (3) Award basis Any award of funds under Project SERV for violence prevention activities under this section shall be subject to the discretion of the Secretary and the availability of funds. (4) Prohibited use No funds provided to an eligible entity for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the eligible entity. (c) Definition of eligible entity In this section, the term eligible entity means— (1) a local educational agency, as defined in subparagraph (A), (B), or (C) of section 8101(30), or institution of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis; or (2) the Bureau of Indian Education in a case where the learning environment of a school operated or funded by the Bureau, including a school meeting the definition of a local educational agency under section 8101(30)(C), has been disrupted due to a violent or traumatic crisis. 4 Academic enrichment 4641. Awards for academic enrichment (a) Program authorized From funds reserved under section 4601(b)(2)(C), the Secretary shall award grants, contracts, or cooperative agreements, on a competitive basis, to eligible entities for the purposes of enriching the academic experience of students by promoting— (1) arts education for disadvantaged students and students who are children with disabilities, as described in section 4642; (2) school readiness through the development and dissemination of accessible instructional programming for preschool and elementary school children and their families, as described in section 4643; and (3) support for high-ability learners and high-ability learning, as described in section 4644. (b) Annual awards The Secretary shall annually make awards to fulfill each of the purposes described in paragraphs (1) through (3) of subsection (a). 4642. Assistance for arts education (a) Awards to provide assistance for arts education (1) In general Awards made to eligible entities to fulfill the purpose described in section 4641(a)(1), shall be used for a program (to be known as the Assistance for Arts Education program ) to promote arts education for students, including disadvantaged students and students who are children with disabilities, through activities such as— (A) professional development for arts educators, teachers, and principals; (B) development and dissemination of accessible instructional materials and arts-based educational programming, including online resources, in multiple arts disciplines; and (C) community and national outreach activities that strengthen and expand partnerships among schools, local educational agencies, communities, or centers for the arts, including national centers for the arts. (b) Conditions As conditions of receiving assistance made available under this section, the Secretary shall require each eligible entity receiving such assistance— (1) to coordinate, to the extent practicable, each project or program carried out with such assistance with appropriate activities of public or private cultural agencies, institutions, and organizations, including museums, arts education associations, libraries, and theaters; and (2) to use such assistance only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this subpart. (c) Consultation In carrying out this section, the Secretary shall consult with Federal agencies or institutions, arts educators (including professional arts education associations), and organizations representing the arts (including State and local arts agencies involved in arts education). (d) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that are eligible national nonprofit organizations. (e) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) a local educational agency in which 20 percent or more of the students served by the local educational agency are from families with an income below the poverty line; (B) a consortium of such local educational agencies; (C) a State educational agency; (D) an institution of higher education; (E) a museum or cultural institution; (F) the Bureau of Indian Education; (G) an eligible national nonprofit organization; or (H) another private agency, institution, or organization. (2) Eligible national nonprofit organization The term eligible national nonprofit organization means an organization of national scope that— (A) is supported by staff, which may include volunteers, or affiliates at the State and local levels; and (B) demonstrates effectiveness or high-quality plans for addressing arts education activities for disadvantaged students or students who are children with disabilities. 4643. Ready To Learn Programming (a) Awards to promote school readiness through Ready to Learn programming (1) In general Awards made to eligible entities described in paragraph (3) to fulfill the purpose described in section 4641(a)(2) shall— (A) be known as Ready to Learn Programming awards ; and (B) be used to— (i) develop, produce, and distribute accessible educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate student academic achievement; (ii) facilitate the development, directly or through contracts with producers of children’s and family educational television programming, of educational programming for preschool and elementary school children, and the accompanying support materials and services that promote the effective use of such programming; (iii) facilitate the development of programming and digital content containing Ready-to-Learn programming and resources for parents and caregivers that is specially designed for nationwide distribution over public television stations’ digital broadcasting channels and the Internet; (iv) contract with entities (such as public telecommunications entities) so that programming developed under this section is disseminated and distributed to the widest possible audience appropriate to be served by the programming, and through the use of the most appropriate distribution technologies; and (v) develop and disseminate education and training materials, including interactive programs and programs adaptable to distance learning technologies, that are designed— (I) to promote school readiness; and (II) to promote the effective use of materials developed under clauses (ii) and (iii) among parents, family members, teachers, principals and other school leaders, Head Start providers, providers of family literacy services, child care providers, early childhood educators, elementary school teachers, public libraries, and after-school program personnel caring for preschool and elementary school children. (2) Availability In awarding or entering into grants, contracts, or cooperative agreements under this section, the Secretary shall ensure that eligible entities described in paragraph (3) make programming widely available, with support materials as appropriate, to young children, parents, child care workers, Head Start providers, and providers of family literacy services to increase the effective use of such programming. (3) Eligible entities To be eligible to receive a grant, contract, or cooperative agreement under this section, an entity shall be a public telecommunications entity that is able to demonstrate each of the following: (A) A capacity for the development and national distribution of educational and instructional television programming of high quality that is accessible by a large majority of disadvantaged preschool and elementary school children. (B) A capacity to contract with the producers of children’s television programming for the purpose of developing educational television programming of high quality. (C) A capacity, consistent with the entity’s mission and nonprofit nature, to negotiate such contracts in a manner that returns to the entity an appropriate share of any ancillary income from sales of any program-related products. (D) A capacity to localize programming and materials to meet specific State and local needs and to provide educational outreach at the local level. (4) Coordination of activities An entity receiving a grant, contract, or cooperative agreement under this section shall consult with the Secretary and the Secretary of Health and Human Services— (A) to maximize the use of high-quality educational programming by preschool and elementary school children, and make such programming widely available to Federally funded programs serving such populations; and (B) to coordinate activities with Federal programs that have major training components for early childhood development, including programs under the Head Start Act ( 42 U.S.C. 9831 et seq. ) and State training activities funded under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ), regarding the availability and utilization of materials developed under paragraph (1)(B)(v) to enhance parent and child care provider skills in early childhood development and education. (b) Applications To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall submit to the Secretary an application at such time and in such manner as the Secretary may reasonably require. The application shall include— (1) a description of the activities to be carried out under this section; (2) a list of the types of entities with which such entity will enter into contracts under subsection (a)(1)(B)(iv); (3) a description of the activities the entity will undertake widely to disseminate the content developed under this section; and (4) a description of how the entity will comply with subsection (a)(2). (c) Reports and evaluations (1) Annual report to Secretary An entity receiving a grant, contract, or cooperative agreement under this section shall prepare and submit to the Secretary an annual report. The report shall describe the program activities undertaken with funds received under the grant, contract, or cooperative agreement, including each of the following: (A) The programming that has been developed, directly or indirectly, by the eligible entity, and the target population of the programming. (B) The support and training materials that have been developed to accompany the programming, and the method by which the materials are distributed to consumers and users of the programming. (C) The means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available, and the geographic distribution achieved through such technologies. (D) The initiatives undertaken by the entity to develop public-private partnerships to secure non-Federal support for the development, distribution, and broadcast of educational and instructional programming. (2) Report to Congress The Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a biannual report that includes the following: (A) A summary of the activities assisted under subsection (a). (B) A description of the education and training materials made available under subsection (a)(1)(B)(v), the manner in which outreach has been conducted to inform parents and child care providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such subsection. (d) Administrative costs An entity that receives a grant, contract, or cooperative agreement under this section may use up to 5 percent of the amount received under the grant, contract, or agreement for the normal and customary expenses of administering the grant, contract, or agreement. (e) Funding rule Not less than 60 percent of the amount used by the Secretary to carry out this section for each fiscal year shall be used to carry out activities under clauses (ii) through (iv) of subsection (a)(1)(B). 4644. Supporting high-ability learners and learning (a) Purpose The purpose of this section is to promote and initiate a coordinated program, to be known as the Jacob K. Javits Gifted and Talented Students Education Program , of evidence-based research, demonstration projects, innovative strategies, and similar activities designed to build and enhance the ability of elementary schools and secondary schools nationwide to identify gifted and talented students and meet their special educational needs. (b) Program authorized (1) In general The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall make awards to, or enter into contracts with, State educational agencies, local educational agencies, the Bureau of Indian Education, institutions of higher education, other public agencies, and other private agencies and organizations to assist such agencies, institutions, or organizations, or the Bureau, in carrying out programs or projects to fulfill the purpose described in section 4641(a)(3), including the training of personnel in the identification and education of gifted and talented students and in the use, where appropriate, of gifted and talented services, materials, and methods for all students. (2) Application Each entity seeking assistance under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. Each application shall describe how— (A) the proposed identification methods, as well as gifted and talented services, materials, and methods, can be adapted, if appropriate, for use by all students; and (B) the proposed programs can be evaluated. (c) Uses of funds Programs and projects assisted under this section may include any of the following: (1) Conducting evidence-based research on methods and techniques for identifying and teaching gifted and talented students and for using gifted and talented programs and methods to identify and provide the opportunity for all students to be served, particularly low-income and at-risk students. (2) Establishing and operating programs and projects for identifying and serving gifted and talented students, including innovative methods and strategies (such as summer programs, mentoring programs, peer tutoring programs, service learning programs, and cooperative learning programs involving business, industry and education) for identifying and educating students who may not be served by traditional gifted and talented programs. (3) Providing technical assistance and disseminating information, which may include how gifted and talented programs and methods may be adapted for use by all students, particularly low-income and at-risk students. (d) Center for research and development (1) In general The Secretary (after consultation with experts in the field of the education of gifted and talented students) shall establish a National Research Center for the Education of Gifted and Talented Children and Youth through grants to, or contracts with, one or more institutions of higher education or State educational agencies, or a combination or consortium of such institutions and agencies and other public or private agencies and organizations, for the purpose of carrying out activities described in subsection (c). (2) Director The National Center shall be headed by a Director. The Secretary may authorize the Director to carry out such functions of the National Center as may be agreed upon through arrangements with institutions of higher education, State educational agencies, local educational agencies, or other public or private agencies and organizations. (e) Coordination Evidence-based activities supported under this section— (1) shall be carried out in consultation with the Institute of Education Sciences to ensure that such activities are coordinated with and enhance the research and development activities supported by the Institute; and (2) may include collaborative evidence-based activities that are jointly funded and carried out with such Institute. (f) General priority In carrying out this section, the Secretary shall give highest priority to programs and projects designed to— (1) develop new information that— (A) improves the capability of schools to plan, conduct, and improve programs to identify and serve gifted and talented students; or (B) assists schools in the identification of, and provision of services to, gifted and talented students (including economically disadvantaged individuals, individuals who are English learners, and children with disabilities) who may not be identified and served through traditional assessment methods; or (2) implement evidence-based activities, defined in this paragraph as activities meeting the requirements of section 8101(21)(A)(i). (g) Participation of private school children and teachers In making grants and entering into contracts under this section, the Secretary shall ensure, where appropriate, that provision is made for the equitable participation of students and teachers in private nonprofit elementary schools and secondary schools, including the participation of teachers and other personnel in professional development programs serving such students. (h) Review, dissemination, and evaluation The Secretary shall— (1) use a peer-review process in reviewing applications under this section; (2) ensure that information on the activities and results of programs and projects funded under this section is disseminated to appropriate State educational agencies, local educational agencies, and other appropriate organizations, including private nonprofit organizations; and (3) evaluate the effectiveness of programs under this section in accordance with section 8601, in terms of the impact on students traditionally served in separate gifted and talented programs and on other students, and submit the results of such evaluation to Congress not later than 2 years after the date of enactment of the Every Student Succeeds Act. (i) Program operations The Secretary shall ensure that the programs under this section are administered within the Department by a person who has recognized professional qualifications and experience in the field of the education of gifted and talented students and who shall— (1) administer and coordinate the programs authorized under this section; (2) serve as a focal point of national leadership and information on the educational needs of gifted and talented students and the availability of educational services and programs designed to meet such needs; (3) assist the Director of the Institute of Education Sciences in identifying research priorities that reflect the needs of gifted and talented students; and (4) disseminate, and consult on, the information developed under this section with other offices within the Department. . V State innovation and local flexibility 5001. General provisions (a) Title VI redesignations Title VI ( 20 U.S.C. 7301 et seq. ) is redesignated as title V and further amended— (1) by redesignating sections 6121 through 6123 as sections 5101 through 5103, respectively; (2) by redesignating sections 6201 and 6202 as sections 5201 and 5202, respectively; (3) by redesignating sections 6211 through 6213 as sections 5211 through 5213, respectively; (4) by redesignating sections 6221 through 6224 as sections 5221 through 5224, respectively; and (5) by redesignating sections 6231 through 6234 as sections 5231 through 5234, respectively. (b) Structural and conforming amendments Title V (as redesignated by subsection (a) of this section) is further amended— (1) in part A, by striking subparts 1, 3, and 4; (2) by striking section 6212 each place it appears and inserting section 5212 ; (3) by striking section 6223 each place it appears and inserting section 5223 ; and (4) by striking section 6234 each place it appears and inserting section 5234 . 5002. Funding Transferability for State and Local Educational Agencies Part A of title V, as redesignated and amended by section 5001 of this Act, is further amended— (1) in the part heading, by striking Improving academic achievement and inserting Funding Transferability for State and Local Educational Agencies ; (2) by striking Subpart 2— Funding Transferability for State and Local Educational Agencies ; (3) by striking subpart each place it appears and inserting part ; (4) by amending section 5102 to read as follows: 5102. Purpose The purpose of this part is to allow States and local educational agencies the flexibility to target Federal funds to the programs and activities that most effectively address the unique needs of States and localities. ; (5) in section 5103— (A) in subsection (a)— (i) in paragraph (1)— (I) in the matter preceding subparagraph (A), by striking not more than 50 percent of the nonadministrative State funds and inserting all, or any lesser amount, of State funds ; and (II) by striking subparagraphs (A) through (D) and inserting the following: (A) Part A of title II. (B) Part A of title IV. (C) Section 4202(c)(3). ; and (ii) by striking paragraph (2) and inserting the following; (2) Additional funds In accordance with this part, a State may transfer any funds allotted to the State under a provision listed in paragraph (1) for a fiscal year to its allotment under any other of the following provisions: (A) Part A of title I. (B) Part C of title I. (C) Part D of title I. (D) Part A of title III. (E) Part B. . (B) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A), by striking (except and all that follows through subparagraph (C)) and inserting may transfer all, or any lesser amount, of the funds allocated to it ; (II) by striking subparagraphs (B) and (C) and inserting: (B) Additional funds In accordance with this part, a local educational agency may transfer any funds allotted to such agency under a provision listed in paragraph (2) for a fiscal year to its allotment under any other of the following provisions: (i) Part A of title I. (ii) Part C of title I. (iii) Part D of title I. (iv) Part A of title III. (v) Part B. ; (ii) in paragraph (2)— (I) in the matter preceding subparagraph (A), by striking subparagraph (A), (B), or (C) and inserting subparagraph (A) or (B) ; and (II) by striking subparagraphs (A) through (D) and inserting the following: (A) Part A of title II. (B) Part A of title IV. ; (C) by striking subsection (c) and inserting the following: (c) No transfer of certain funding A State or local educational agency may not transfer under this part to any other program any funds allotted or allocated to it for the following provisions: (1) Part A of title I. (2) Part C of title I. (3) Part D of title I. (4) Part A of title III. (5) Part B. ; and (D) in subsection (e)(2), by striking section 9501 and inserting section 8501 . 5003. Rural education initiative Part B of title V, as redesignated and amended by section 5001 of this Act, is further amended— (1) in section 5211— (A) in subsection (a)(1), by striking subparagraphs (A) through (E) and inserting the following: (A) Part A of title I. (B) Part A of title II. (C) Title III. (D) Part A or B of title IV. ; (B) in subsection (b)(1)— (i) in subparagraph (A)(ii)— (I) by striking school before locale code ; and (II) by striking 7 or 8, as determined by the Secretary; or and inserting 41, 42, or 43, as determined by the Secretary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) the local educational agency is a member of an educational service agency that does not receive funds under this subpart and the local educational agency meets the requirements of this part. ; and (C) in subsection (c), by striking paragraphs (1) through (3) and inserting the following: (1) Part A of title II. (2) Part A of title IV. ; (2) in section 5212— (A) in subsection (a), by striking paragraphs (1) through (5) and inserting the following: (1) Part A of title I. (2) Part A of title II. (3) Title III. (4) Part A or B of title IV. ; (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) Allocation (A) In general Except as provided in paragraphs (3) and (4), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 5211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 5211(c) for the preceding fiscal year. (B) Special determination For a local educational agency that is eligible under section 5211(b)(1)(C) and is a member of an educational service agency, the Secretary may determine the award amount by subtracting from the initial amount determined under paragraph (2), an amount that is equal to that local educational agency’s per-pupil share of the total amount received by the educational service agency under the provisions described in section 5211(c), as long as a determination under this subparagraph would not disproportionately affect any State. ; (ii) by striking paragraph (2) and inserting the following: (2) Determination of initial amount (A) In general The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. (B) Special rule For any fiscal year for which the amount made available to carry out this part is $265,000,000 or more, subparagraph (A) shall be applied— (i) by substituting $25,000 for $20,000 ; and (ii) by substituting $80,000 for $60,000 . ; and (iii) by adding at the end the following: (4) Hold harmless For a local educational agency that is not eligible under this subpart due to amendments made by the Every Student Succeeds Act to section 5211(b)(1)(A)(ii) but met the eligibility requirements under section 6211(b) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act , the agency shall receive— (A) for fiscal year 2017, 75 percent of the amount such agency received for fiscal year 2015; (B) for fiscal year 2018, 50 percent of the amount such agency received for fiscal year 2015; and (C) for fiscal year 2019, 25 percent of the amount such agency received for fiscal year 2015. ; and (C) by striking subsection (d); (3) by striking section 5213; (4) in section 5221— (A) in subsection (a), by striking section 6222(a) and inserting section 5222(a) ; (B) in subsection (b)— (i) in paragraph (1)— (I) by striking (A) 20 percent and inserting (A)(i) 20 percent ; (II) by redesignating subparagraph (B) as clause (ii); (III) in clause (ii) (as redesignated by subclause (II))— (aa) by striking school before locale code ; (bb) by striking 6, 7, or 8 and inserting 32, 33, 41, 42, or 43 ; and (cc) by striking the period at the end and inserting ; or ; and (IV) by adding at the end the following: (B) the agency meets the criteria established in clause (i) of subparagraph (A) and the Secretary, in accordance with paragraph (2), grants the local educational agency’s request to waive the criteria described in clause (ii) of such subparagraph. ; (ii) by redesignating paragraph (2) as paragraph (3); and (iii) by inserting after paragraph (1) the following: (2) Certification The Secretary shall determine whether to waive the criteria described in paragraph (1)(A)(ii) based on a demonstration by the local educational agency, and concurrence by the State educational agency, that the local educational agency is located in an area defined as rural by a governmental agency of the State. ; (C) in subsection (c)(1) by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; (5) in section 5222(a), by striking paragraphs (1) through (7) and inserting the following: (1) Activities authorized under part A of title I. (2) Activities authorized under part A of title II. (3) Activities authorized under title III. (4) Activities authorized under part A of title IV. (5) Parental involvement activities. ; (6) in section 5223— (A) in subsection (a), by striking at such time, in such manner, and accompanied by such information and inserting at such time and in such manner ; and (B) by striking subsection (b) and inserting the following: (b) Contents Each application submitted under subsection (a) shall include information on— (1) program objectives and outcomes for activities under this subpart, including how the State educational agency or specially qualified agency will use funds to help all students meet the challenging State academic standards; (2) if the State educational agency will competitively award grants to eligible local educational agencies, as described in section 5221(b)(3)(A), the application under the section shall include— (A) the methods and criteria the State educational agency will use to review applications and award funds to local educational agencies on a competitive basis; and (B) how the State educational agency will notify eligible local educational agencies of the grant competition; and (3) a description of how the State educational agency will provide technical assistance to eligible local educational agencies to help such agencies implement the activities described in section 5222. ; (7) in section 5224— (A) by striking the section heading and all that follows through Each and inserting the following: Report .—Each ; (B) by striking subsections (b) through (e); (C) in the matter preceding paragraph (1), by inserting or specially qualified agency after Each State educational agency ; (D) by striking paragraph (1) and inserting the following: (1) if the report is submitted by a State educational agency, the method the State educational agency used to award grants to eligible local educational agencies, and to provide assistance to schools, under this subpart; ; and (E) by striking paragraph (3) and inserting the following: (3) the degree to which progress has been made toward meeting the objectives and outcomes described in the application submitted under section 5223, including having all students in the State or the area served by the specially qualified agency, as applicable, meet the challenging State academic standards. ; (8) by inserting after section 5224 the following: 5225. Choice of participation (a) In general If a local educational agency is eligible for funding under both this subpart and subpart 1, such local educational agency may receive funds under either this subpart or subpart 1 for a fiscal year, but may not receive funds under both subparts for such fiscal year. (b) Notification A local educational agency eligible for funding under both this subpart and subpart 1 shall notify the Secretary and the State educational agency under which of such subparts the local educational agency intends to receive funds for a fiscal year by a date that is established by the Secretary for the notification. ; and (9) in section 5234, by striking $300,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years, and inserting $169,840,000 for each of the fiscal years 2017 through 2020, . 5004. General provisions Part C of title V, as redesignated by section 5001 of this Act, is amended to read as follows: C General provisions 5301. Prohibition against federal mandates, direction, or control Nothing in this title shall be construed to authorize an officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s specific instructional content, academic standards and assessments, curriculum, or program of instruction, as a condition of eligibility to receive funds under this Act. 5302. Rule of construction on equalized spending Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local educational agency, or school. . 5005. Review relating to rural local educational agencies (a) Review and report Not later than 18 months after the date of enactment of this Act, the Secretary of Education shall— (1) review the organization, structure, and process and procedures of the Department of Education for administering its programs and developing policy and regulations, in order to— (A) assess the methods and manner through which, and the extent to which, the Department of Education takes into account, considers input from, and addresses the unique needs and characteristics of rural schools and rural local educational agencies; and (B) determine actions that the Department of Education can take to meaningfully increase the consideration and participation of rural schools and rural local educational agencies in the development and execution of the processes, procedures, policies, and regulations of the Department of Education; (2) make public a preliminary report containing the information described in paragraph (1) and provide Congress and the public with 60 days to comment on the proposed actions described in paragraph (1)(B); and (3) issue a final report to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, which shall describe the final actions developed pursuant to paragraph (1)(B) after taking into account the comments submitted under paragraph (2). (b) Implementation Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall— (1) carry out each action described in the report under subsection (a)(3); or (2) in a case in which an action is not carried out, provide a written explanation to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives of why the action was not carried out. VI Indian, Native Hawaiian, and Alaska Native education 6001. Conforming amendments (a) Redesignation of title Title VII ( 20 U.S.C. 7401 et seq. ) is redesignated as title VI. (b) Redesignations and conforming amendments The Act ( 20 U.S.C. 6301 et seq. ) is amended— (1) by redesignating sections 7101, 7102, 7111, 7112, 7113, 7114, 7115, 7116, 7117, 7118, 7119, 7121, 7122, 7131, 7132, 7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7151, 7152, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, and 7306, as sections 6101, 6102, 6111, 6112, 6113, 6114, 6115, 6116, 6117, 6118, 6119, 6121, 6122, 6131, 6132, 6133, 6134, 6135, 6136, 6141, 6142, 6143, 6144, 6151, 6152, 6201, 6202, 6203, 6204, 6205, 6206, 6207, 6301, 6302, 6303, 6304, 6305, and 6306, respectively; (2) in section 6112 (as so redesignated), in subsection (b)(1), by striking section 7117 and inserting section 6117 ; (3) in section 6113 (as so redesignated)— (A) in subsection (a)(1)(A), is amended by striking section 7117 and inserting section 6117 ; (B) in subsection (b)(1), by striking section 7112 and inserting section 6112 ; (C) in subsection (d)(2)— (i) by striking section 7114 the first place it appears and inserting section 6114 ; and (ii) by striking section 7114(c)(4), section 7118(c), or section 7119 and inserting section 6114(c)(4), section 6118(c), or section 6119 ; and (D) in subsection (e), by striking section 7152(a) and inserting 6152(a) ; (4) in section 6114 (as so redesignated)— (A) in subsection (b)(4), by striking section 7115 and inserting section 6115 ; and (B) in subsection (c)(4)(D), by striking section 7115(c) and inserting section 6115(c) ; (5) in section 6115 (as so redesignated)— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking section 7111 and inserting section 6111 ; and (ii) in paragraph (1), by striking section 7114(a) and inserting section 6114(a) ; and (B) in subsection (c)— (i) in paragraph (1), by striking section 7114(c)(4) and inserting section 6114(c)(4) ; and (ii) in paragraph (2), by striking section 7111 and inserting section 6111 ; (6) in section 6116 (as so redesignated), in subsection (d)(9), by striking section 7114(c)(4) and inserting section 6114(c)(4) ; (7) in section 6117 (as so redesignated)— (A) in subsection (b)(1)(A)(i), by striking section 7151 and inserting section 6151 ; (B) in subsection (c), by striking section 7151 and inserting section 6151 ; (C) in subsection (f)(3), by striking section 7113 and inserting section 6113 ; and (D) in subsection (h)(1), by striking section 7114 and inserting section 6114 ; (8) in section 6118 (as so redesignated), in subsection (a), by striking section 7113 and inserting section 6113 ; (9) in section 6119 (as so redesignated), by striking section 7114 and inserting section 6114 ; and (10) in section 6205 (as so redesignated), in subsection (c)— (A) in paragraph (1), by striking section 7204 and inserting section 6204 ; and (B) in paragraph (2), by striking section 7204 and inserting section 6204 . 6002. Indian education (a) Statement of policy Section 6101 ( 20 U.S.C. 7401 ) (as redesignated by section 6001) is amended by adding at the end the following: It is further the policy of the United States to ensure that Indian children do not attend school in buildings that are dilapidated or deteriorating, which may negatively affect the academic success of such children. . (b) Purpose Section 6102 ( 20 U.S.C. 7402 ) (as redesignated by section 6001) is amended to read as follows: 6102. Purpose It is the purpose of this part to support the efforts of local educational agencies, Indian tribes and organizations, postsecondary institutions, and other entities— (1) to meet the unique educational and culturally related academic needs of Indian students, so that such students can meet the challenging State academic standards; (2) to ensure that Indian students gain knowledge and understanding of Native communities, languages, tribal histories, traditions, and cultures; and (3) to ensure that teachers, principals, other school leaders, and other staff who serve Indian students have the ability to provide culturally appropriate and effective instruction and supports to such students. . (c) Purpose Section 6111 ( 20 U.S.C. 7421 ) (as redesignated by section 6001) is amended to read as follows: 6111. Purpose It is the purpose of this subpart to support the efforts of local educational agencies, Indian tribes and organizations, and other entities in developing elementary school and secondary school programs for Indian students that are designed to— (1) meet the unique cultural, language, and educational needs of such students; and (2) ensure that all students meet the challenging State academic standards. . (d) Grants to local educational agencies and tribes Section 6112 ( 20 U.S.C. 7422 ) (as redesignated by section 6001) is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Secretary may make grants, from allocations made under section 6113, and in accordance with this section and section 6113, to— (1) local educational agencies; (2) Indian tribes, as provided under subsection (c)(1); (3) Indian organizations, as provided under subsection (c)(1); (4) consortia of 2 or more local educational agencies, Indian tribes, Indian organizations, or Indian community-based organizations, if each local educational agency participating in such a consortium, if applicable— (A) provides an assurance that the eligible Indian children served by such local educational agency will receive the services of the programs funded under this subpart; and (B) is subject to all the requirements, assurances, and obligations applicable to local educational agencies under this subpart; and (5) Indian community-based organizations, as provided under subsection (d)(1). ; (2) in subsection (b)— (A) in paragraph (1), by striking A local educational agency shall and inserting Subject to paragraph (2), a local educational agency shall ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) Cooperative agreements A local educational agency may enter into a cooperative agreement with an Indian tribe under this subpart if such Indian tribe— (A) represents not less than 25 percent of the eligible Indian children who are served by such local educational agency; and (B) requests that the local educational agency enter into a cooperative agreement under this subpart. ; and (3) by striking subsection (c) and inserting the following: (c) Indian tribes and indian organizations (1) In general If a local educational agency that is otherwise eligible for a grant under this subpart does not establish a committee under section 6114(c)(4) for such grant, an Indian tribe, an Indian organization, or a consortium of such entities, that represents more than one-half of the eligible Indian children who are served by such local educational agency may apply for such grant. (2) Special rule (A) In general The Secretary shall treat each Indian tribe, Indian organization, or consortium of such entities applying for a grant pursuant to paragraph (1) as if such tribe, Indian organization, or consortium were a local educational agency for purposes of this subpart. (B) Exceptions Notwithstanding subparagraph (A), such Indian tribe, Indian organization, or consortium shall not be subject to the requirements of subsections (b)(7) or (c)(4) of section 6114 or section 6118(c) or 6119. (3) Assurance to serve all Indian children An Indian tribe, Indian organization, or consortium of such entities that is eligible to apply for a grant under paragraph (1) shall include, in the application required under section 6114, an assurance that the entity will use the grant funds to provide services to all Indian students served by the local educational agency. (d) Indian community-based organization (1) In general If no local educational agency pursuant to subsection (b), and no Indian tribe, Indian organization, or consortium pursuant to subsection (c), applies for a grant under this subpart in a particular community, an Indian community-based organization serving the community of the local educational agency may apply for such grant. (2) Applicability of special rule The Secretary shall apply the special rule in subsection (c)(2) to an Indian community-based organization applying for a grant under paragraph (1) in the same manner as such rule applies to an Indian tribe, Indian organization, or consortium described in that subsection. (3) Definition of indian community-based organization In this subsection, the term Indian community-based organization means any organization that— (A) is composed primarily of Indian parents, family members, and community members, tribal government education officials, and tribal members, from a specific community; (B) assists in the social, cultural, and educational development of Indians in such community; (C) meets the unique cultural, language, and academic needs of Indian students; and (D) demonstrates organizational and administrative capacity to manage the grant. . (e) Amount of grants Section 6113 ( 20 U.S.C. 7423 ) (as redesignated by section 6001) is amended— (1) in subsection (b)(1), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (2) in subsection (d)— (A) in the subsection heading, by striking Indian Affairs and inserting Indian Education ; and (B) in paragraph (1)(A)(i), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education . (f) Applications Section 6114 ( 20 U.S.C. 7424 ) (as redesignated by section 6001) is amended— (1) in subsection (a), by striking Each local educational agency and inserting Each entity described in section 6112(a) ; (2) in subsection (b)— (A) in paragraph (1), by striking American Indian and Alaska Native and inserting Indian ; (B) in paragraph (2)— (i) in subparagraph (A), by striking is consistent with the State and local plans and inserting is consistent with the State, tribal, and local plans ; and (ii) by striking subparagraph (B) and inserting the following: (B) includes program objectives and outcomes for activities under this subpart that are based on the same challenging State academic standards developed by the State under title I for all students; ; (C) by striking paragraph (3) and inserting the following: (3) explains how the grantee will use funds made available under this subpart to supplement other Federal, State, and local programs that meet the needs of Indian students; ; (D) in paragraph (5)(B), by striking and after the semicolon; (E) in paragraph (6)— (i) in subparagraph (B)— (I) in clause (i), by striking and after the semicolon; and (II) by adding at the end the following: (iii) the Indian tribes whose children are served by the local educational agency, consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ); and ; and (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (F) by adding at the end the following: (7) describes the process the local educational agency used to meaningfully collaborate with Indian tribes located in the community in a timely, active, and ongoing manner in the development of the comprehensive program and the actions taken as a result of such collaboration. ; (3) in subsection (c)— (A) in paragraph (1), by striking for the education of Indian children, and inserting for services described in this subsection, ; (B) in paragraph (2)— (i) in subparagraph (A), by striking and after the semicolon; (ii) in subparagraph (B), by striking served by such agency; and inserting served by such agency, and meet program objectives and outcomes for activities under this subpart; and ; and (iii) by adding at the end the following: (C) determine the extent to which such activities by the local educational agency address the unique cultural, language, and educational needs of Indian students; ; (C) in paragraph (3)— (i) in subparagraph (A), by striking American Indian and Alaska Native and inserting Indian ; and (ii) in subparagraph (C)— (I) by inserting representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school, Indian organizations, after parents of Indian children and teachers, ; and (II) by striking and after the semicolon; (D) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by inserting and family members after parents ; (II) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (III) by inserting after clause (i) the following: (ii) representatives of Indian tribes on Indian lands located within 50 miles of any school that the agency will serve if such tribes have any children in such school; ; (ii) by striking subparagraph (B) and inserting the following: (B) a majority of whose members are parents and family members of Indian children; ; (iii) by striking subparagraph (C); (iv) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (v) in subparagraph (C) (as redesignated by clause (iv))— (I) in clause (i), by striking and after the semicolon; (II) in clause (ii), by striking American Indian and Alaska Native and inserting Indian ; and (III) by adding at the end the following: (iii) determined that the program will directly enhance the educational experience of Indian students; and ; and (vi) in subparagraph (D), as redesignated by clause (iv), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (5) the local educational agency will coordinate activities under this title with other Federal programs supporting educational and related services administered by such agency; (6) the local educational agency conducted outreach to parents and family members to meet the requirements under this paragraph; (7) the local educational agency will use funds received under this subpart only for activities described and authorized in this subpart; and (8) the local educational agency has set forth such policies and procedures, including policies and procedures relating to the hiring of personnel, as will ensure that the program for which assistance is sought will be operated and evaluated in consultation with, and with the involvement of, parents and family members of the children, and representatives of the area, to be served. ; and (4) by adding at the end the following: (d) Technical assistance The Secretary shall, directly or by contract, provide technical assistance to a local educational agency or Bureau of Indian Education school upon request (in addition to any technical assistance available under other provisions of this Act or available through the Institute of Education Sciences) to support the services and activities provided under this subpart, including technical assistance for— (1) the development of applications under this subpart, including identifying eligible entities that have not applied for such grants and undertaking appropriate activities to encourage such entities to apply for grants under this subpart; (2) improvement in the quality of implementation, content, and evaluation of activities supported under this subpart; and (3) integration of activities under this subpart with other educational activities carried out by the local educational agency. . (g) Authorized services and activities Section 6115 ( 20 U.S.C. 7425 ) (as redesignated by section 6001) is amended— (1) in subsection (a)— (A) in paragraph (1), by inserting solely for the services and activities described in such application before the semicolon; and (B) in paragraph (2), by striking with special regard for and inserting to be responsive to ; (2) by striking subsection (b) and inserting the following: (b) Particular activities The services and activities referred to in subsection (a) may include— (1) activities that support Native American language programs and Native American language restoration programs, which may be taught by traditional leaders; (2) culturally related activities that support the program described in the application submitted by the local educational agency; (3) early childhood and family programs that emphasize school readiness; (4) enrichment programs that focus on problem solving and cognitive skills development and directly support the attainment of challenging State academic standards; (5) integrated educational services in combination with other programs that meet the needs of Indian children and their families, including programs that promote parental involvement in school activities and increase student achievement; (6) career preparation activities to enable Indian students to participate in programs such as the programs supported by the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), including programs for tech-prep education, mentoring, and apprenticeship; (7) activities to educate individuals so as to prevent violence, suicide, and substance abuse; (8) the acquisition of equipment, but only if the acquisition of the equipment is essential to achieve the purpose described in section 6111; (9) activities that promote the incorporation of culturally responsive teaching and learning strategies into the educational program of the local educational agency; (10) family literacy services; (11) activities that recognize and support the unique cultural and educational needs of Indian children, and incorporate appropriately qualified tribal elders and seniors; (12) dropout prevention strategies for Indian students; and (13) strategies to meet the educational needs of at-risk Indian students in correctional facilities, including such strategies that support Indian students who are transitioning from such facilities to schools served by local educational agencies. ; (3) in subsection (c)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) the local educational agency identifies in its application how the use of such funds in a schoolwide program will produce benefits to Indian students that would not be achieved if the funds were not used in a schoolwide program. ; and (4) by adding at the end the following: (e) Limitation on the use of funds Funds provided to a grantee under this subpart may not be used for long-distance travel expenses for training activities that are available locally or regionally. . (h) Integration of services authorized Section 6116 ( 20 U.S.C. 7426 ) (as redesignated by section 6001) is amended— (1) in subsection (g), in the matter preceding paragraph (1)— (A) by striking No Child Left Behind Act of 2001 and inserting Every Student Succeeds Act ; (B) by inserting the Secretary of Health and Human Services, after the Secretary of the Interior, ; and (C) by inserting and coordination after providing for the implementation ; and (2) in subsection (o)— (A) in paragraph (1), by striking the No Child Left Behind Act of 2001 and inserting the Every Student Succeeds Act ; and (B) in paragraph (2)— (i) by striking the No Child Left Behind Act of 2001 and inserting the Every Student Succeeds Act ; and (ii) by striking the second sentence. (i) Student eligibility forms Section 6117 ( 20 U.S.C. 7427 ) (as redesignated by section 6001) is amended— (1) in subsection (a), by adding at the end the following: All individual data collected shall be protected by the local educational agencies and only aggregated data shall be reported to the Secretary. ; (2) by striking subsection (d); (3) by redesignating subsections (e), (f), (g), and (h), as subsections (d), (e), (f), and (g), respectively; (4) by striking subsection (d), as redesignated by paragraph (4), and inserting the following: (d) Documentation and types of proof (1) Types of proof For purposes of determining whether a child is eligible to be counted for the purpose of computing the amount of a grant award under section 6113, the membership of the child, or any parent or grandparent of the child, in a tribe or band of Indians (as so defined) may be established by proof other than an enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in subsection (b) shall be construed to require the furnishing of an enrollment number. (2) No new or duplicative determinations Once a child is determined to be an Indian eligible to be counted for such grant award, the local educational agency shall maintain a record of such determination and shall not require a new or duplicate determination to be made for such child for a subsequent application for a grant under this subpart. (3) Previously filed forms An Indian student eligibility form that was on file as required by this section on the day before the date of enactment of the Every Student Succeeds Act and that met the requirements of this section, as this section was in effect on the day before the date of the enactment of such Act, shall remain valid for such Indian student. ; (5) in subsection (f), as redesignated by paragraph (4), by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (6) in subsection (g), as redesignated by paragraph (4), by striking subsection (g)(1) and inserting subsection (f)(1) . (j) Payments Section 6118 ( 20 U.S.C. 7428 ) (as redesignated by section 6001) is amended, by striking subsection (c) and inserting the following: (c) Reduction of payment for failure To maintain fiscal effort Each local educational agency shall maintain fiscal effort in accordance with section 8521 or be subject to reduced payments under this subpart in accordance with such section 8521. . (k) Improvement of educational opportunities for Indian children and youth Section 6121 ( 20 U.S.C. 7441 ) (as redesignated by section 6001) is amended— (1) by striking the section header and inserting the following: 6121. Improvement of educational opportunities for Indian children and youth ; (2) in subsection (a)— (A) in paragraph (1), by inserting and youth after Indian children ; and (B) in paragraph (2)(B), by striking American Indian and Alaska Native children and inserting Indian children and youth ; (3) in subsection (b), by striking Indian institution (including an Indian institution of higher education) and inserting a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )) ; (4) by striking subsection (c) and inserting the following: (c) Grants authorized The Secretary shall award grants to eligible entities to enable such entities to carry out activities that meet the purpose of this section, including— (1) innovative programs related to the educational needs of educationally disadvantaged Indian children and youth; (2) educational services that are not available to such children and youth in sufficient quantity or quality, including remedial instruction, to raise the achievement of Indian children in one or more of the subjects of English, mathematics, science, foreign languages, art, history, and geography; (3) bilingual and bicultural programs and projects; (4) special health and nutrition services, and other related activities, that address the special health, social, and psychological problems of Indian children and youth; (5) special compensatory and other programs and projects designed to assist and encourage Indian children and youth to enter, remain in, or reenter school, and to increase the rate of high school graduation for Indian children and youth; (6) comprehensive guidance, counseling, and testing services; (7) early childhood education programs that are effective in preparing young children to make sufficient academic growth by the end of grade 3, including kindergarten and pre-kindergarten programs, family-based preschool programs that emphasize school readiness, screening and referral, and the provision of services to Indian children and youth with disabilities; (8) partnership projects between local educational agencies and institutions of higher education that allow secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from secondary to postsecondary education; (9) partnership projects between schools and local businesses for career preparation programs designed to provide Indian youth with the knowledge and skills such youth need to make an effective transition from school to a high-skill career; (10) programs designed to encourage and assist Indian students to work toward, and gain entrance into, institutions of higher education; (11) family literacy services; (12) activities that recognize and support the unique cultural and educational needs of Indian children and youth, and incorporate traditional leaders; (13) high-quality professional development of teaching professionals and paraprofessionals; or (14) other services that meet the purpose described in this section. ; and (5) in subsection (d)— (A) in paragraph (1)(C), by striking make a grant payment for a grant described in this paragraph to an eligible entity after the initial year of the multiyear grant only if the Secretary determines and inserting award grants for an initial period of not more than 3 years and may renew such grants for not more than an additional 2 years if the Secretary determines ; and (B) in paragraph (3)(B)— (i) in clause (i), by striking parents of Indian children and inserting parents and family of Indian children ; and (ii) in clause (iii), by striking information demonstrating that the proposed program for the activities is a scientifically based research program and inserting information demonstrating that the proposed program is an evidence-based program . (l) Professional development for teachers and education professionals Section 6122 ( 20 U.S.C. 7442 ) (as redesignated by section 6001) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) to increase the number of qualified Indian teachers and administrators serving Indian students; ; (B) by striking paragraph (2) and inserting the following: (2) to provide pre- and in-service training and support to qualified Indian individuals to enable such individuals to become effective teachers, principals, other school leaders, administrators, paraprofessionals, counselors, social workers, and specialized instructional support personnel; ; (C) in paragraph (3), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (4) to develop and implement initiatives to promote retention of effective teachers, principals, and school leaders who have a record of success in helping low-achieving Indian students improve their academic achievement, outcomes, and preparation for postsecondary education or employment. ; (2) in subsection (b)— (A) in paragraph (1), by striking including an Indian institution of higher education and inserting including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ) ; and (B) in paragraph (4), by inserting in a consortium with at least one Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ), where feasible before the period at the end; (3) in subsection (d)(1)— (A) in the first sentence, by striking purposes and inserting purpose ; and (B) by striking the second sentence and inserting “Such activities may include— (A) continuing education programs, symposia, workshops, and conferences; (B) teacher mentoring programs, professional guidance, and instructional support provided by educators, local traditional leaders, or cultural experts, as appropriate for teachers during their first 3 years of employment as teachers; (C) direct financial support; and (D) programs designed to train traditional leaders and cultural experts to assist those personnel referenced in subsection (a)(2), as appropriate, with relevant Native language and cultural mentoring, guidance, and support. ; and (4) by striking subsection (e) and inserting the following: (e) Application Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. At a minimum, an application under this section shall describe how the eligible entity will— (1) recruit qualified Indian individuals, such as students who may not be of traditional college age, to become teachers, principals, or school leaders; (2) use funds made available under the grant to support the recruitment, preparation, and professional development of Indian teachers or principals in local educational agencies that serve a high proportion of Indian students; and (3) assist participants in meeting the requirements under subsection (h). ; (5) in subsection (f)— (A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following: (1) may give priority to Tribal Colleges and Universities; ; and (C) in paragraph (3), as redesignated by subparagraph (A), by striking basis of and all that follows through the period at the end and inserting basis of the length of any period for which the eligible entity has received a grant. ; (6) by striking subsection (g) and inserting the following: (g) Grant period The Secretary shall award grants under this section for an initial period of not more than 3 years, and may renew such grants for an additional period of not more than 2 years if the Secretary finds that the grantee is achieving the objectives of the grant. ; and (7) in subsection (h)(1)(A)(ii), by striking people and inserting students in a local educational agency that serves a high proportion of Indian students . (m) National research activities Section 6131 ( 20 U.S.C. 7451 ) (as redesignated by section 6001) is amended— (1) in subsection (a), by striking under section 7152(b) and inserting to carry out this subpart ; and (2) in subsection (c)(2), by inserting , the Bureau of Indian Education, after Office of Indian Education Programs . (n) In-service training for teachers of Indian children; fellowships for Indian students; gifted and talented Indian students Title VI ( 20 U.S.C. 7401 et seq. ) (as redesignated by section 6001) is amended— (1) by striking sections 6132, 6133, and 6134 (as redesignated by section 6001); and (2) by redesignating section 6135 (as redesignated by section 6001) as section 6132. (o) Native American language Title VI ( 20 U.S.C. 7401 et seq. ) (as redesignated by section 6001) is amended by inserting after section 6132 (as redesignated by subsection (n)(2)) the following: 6133. Native American and Alaska native language immersion schools and programs (a) Purposes The purposes of this section are— (1) to establish a grant program to support schools that use Native American and Alaska Native languages as the primary language of instruction; (2) to maintain, protect, and promote the rights and freedom of Native Americans and Alaska Natives to use, practice, maintain, and revitalize their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ); and (3) to support the Nation's First Peoples' efforts to maintain and revitalize their languages and cultures, and to improve educational opportunities and student outcomes within Native American and Alaska Native communities. (b) Program authorized (1) In general From funds reserved under section 6152(c), the Secretary shall reserve 20 percent to make grants to eligible entities to develop and maintain, or to improve and expand, programs that support schools, including elementary school and secondary school education sites and streams, using Native American and Alaska Native languages as the primary languages of instruction. (2) Eligible entities In this subsection, the term eligible entity means any of the following entities that has a plan to develop and maintain, or to improve and expand, programs that support the entity's use of a Native American or Alaska Native language as the primary language of instruction in elementary schools or secondary schools, or both: (A) An Indian tribe. (B) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )). (C) A tribal education agency. (D) A local educational agency, including a public charter school that is a local educational agency under State law. (E) A school operated by the Bureau of Indian Education. (F) An Alaska Native Regional Corporation (as described in section 3(g) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602(g) )). (G) A private, tribal, or Alaska Native nonprofit organization. (H) A nontribal for-profit organization. (c) Application (1) In general An eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require, including the following: (A) The name of the Native American or Alaska Native language to be used for instruction at the school supported by the eligible entity. (B) The number of students attending such school. (C) The number of hours of instruction in or through 1 or more Native American or Alaska Native languages being provided to targeted students at such school, if any. (D) A description of how the eligible entity will— (i) use the funds provided to meet the purposes of this section; (ii) implement the activities described in subsection (e); (iii) ensure the implementation of rigorous academic content; and (iv) ensure that students progress toward high-level fluency goals. (E) Information regarding the school's organizational governance or affiliations, including information about— (i) the school governing entity (such as a local educational agency, tribal education agency or department, charter organization, private organization, or other governing entity); (ii) the school's accreditation status; (iii) any partnerships with institutions of higher education; and (iv) any indigenous language schooling and research cooperatives. (F) An assurance that— (i) the school is engaged in meeting State or tribally designated long-term goals for students, as may be required by applicable Federal, State, or tribal law; (ii) the school provides assessments of students using the Native American or Alaska Native language of instruction, where possible; (iii) the qualifications of all instructional and leadership personnel at such school is sufficient to deliver high-quality education through the Native American or Alaska Native language used in the school; and (iv) the school will collect and report to the public data relative to student achievement and, if appropriate, rates of high school graduation, career readiness, and enrollment in postsecondary education or workforce development programs, of students who are enrolled in the school's programs. (2) Limitation The Secretary shall not give a priority in awarding grants under this section based on the information described in paragraph (1)(E). (3) Submission of certification (A) In general An eligible entity that is a public elementary school or secondary school (including a public charter school or a school operated by the Bureau of Indian Education) or a nontribal for-profit or nonprofit organization shall submit, along with the application requirements described in paragraph (1), a certification described in subparagraph (B) indicating that— (i) the school or organization has the capacity to provide education primarily through a Native American or an Alaska Native language; and (ii) there are sufficient speakers of the target language at the school or available to be hired by the school or organization. (B) Certification The certification described in subparagraph (A) shall be from one of the following entities, on whose land the school or program is located, that is an entity served by such school, or that is an entity whose members (as defined by that entity) are served by the school: (i) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c )). (ii) A Federally recognized Indian tribe or tribal organization. (iii) An Alaska Native Regional Corporation or an Alaska Native nonprofit organization. (iv) A Native Hawaiian organization. (d) Awarding of grants In awarding grants under this section, the Secretary shall— (1) determine the amount of each grant and the duration of each grant, which shall not exceed 3 years; and (2) ensure, to the maximum extent feasible, that diversity in languages is represented. (e) Activities authorized (1) Required activities An eligible entity that receives a grant under this section shall use such funds to carry out the following activities: (A) Supporting Native American or Alaska Native language education and development. (B) Providing professional development for teachers and, as appropriate, staff and administrators to strengthen the overall language and academic goals of the school that will be served by the grant program. (2) Allowable activities An eligible entity that receives a grant under this section may use such funds to carry out the following activities: (A) Developing or refining curriculum, including teaching materials and activities, as appropriate. (B) Creating or refining assessments written in the Native American or Alaska Native language of instruction that measure student proficiency and that are aligned with State or tribal academic standards. (C) Carrying out other activities that promote the maintenance and revitalization of the Native American or Alaska Native language relevant to the grant program. (f) Report to secretary Each eligible entity that receives a grant under this section shall prepare and submit an annual report to the Secretary, which shall include— (1) the activities the entity carried out to meet the purposes of this section; and (2) the number of children served by the program and the number of instructional hours in the Native American or Alaska Native language. (g) Administrative costs Not more than 5 percent of the funds provided to a grantee under this section for any fiscal year may be used for administrative purposes. . (p) Grants to tribes for education administrative planning, development, and coordination Section 6132 ( 20 U.S.C. 7455 ) (as redesignated by subsection (n)) is amended to read as follows: 6132. Grants to tribes for education administrative planning, development, and coordination (a) In general The Secretary may award grants under this section to eligible applicants to enable the eligible applicants to— (1) promote tribal self-determination in education; (2) improve the academic achievement of Indian children and youth; and (3) promote the coordination and collaboration of tribal educational agencies with State educational agencies and local educational agencies to meet the unique educational and culturally related academic needs of Indian students. (b) Definitions In this section: (1) Eligible applicant In this section, the term eligible applicant means— (A) an Indian tribe or tribal organization approved by an Indian tribe; or (B) a tribal educational agency. (2) Indian tribe The term Indian tribe means a federally recognized tribe or a State-recognized tribe. (3) Tribal educational agency The term tribal educational agency means the agency, department, or instrumentality of an Indian tribe that is primarily responsible for supporting tribal students’ elementary and secondary education. (c) Grant program The Secretary may award grants to— (1) eligible applicants described under subsection (b)(1)(A) to plan and develop a tribal educational agency, if the tribe or organization has no current tribal educational agency, for a period of not more than 1 year; and (2) eligible applicants described under subsection (b)(1)(B), for a period of not more than 3 years, in order to— (A) directly administer education programs, including formula grant programs under this Act, consistent with State law and under a written agreement between the parties; (B) build capacity to administer and coordinate such education programs, and to improve the relationship and coordination between such applicants and the State educational agencies and local educational agencies that educate students from the tribe; (C) receive training and support from the State educational agency and local educational agency, in areas such as data collection and analysis, grants management and monitoring, fiscal accountability, and other areas as needed; (D) train and support the State educational agency and local educational agency in areas related to tribal history, language, or culture; (E) build on existing activities or resources rather than replacing other funds; and (F) carry out other activities, consistent with the purposes of this section. (d) Grant application (1) In general Each eligible applicant desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably prescribe. (2) Contents Each application described in paragraph (1) shall contain— (A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant; (B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance is sought and for determining whether such objectives are achieved; and (C) for applications for activities under subsection (c)(2), evidence of— (i) a preliminary agreement with the appropriate State educational agency, 1 or more local educational agencies, or both the State educational agency and a local educational agency; and (ii) existing capacity as a tribal educational agency. (3) Approval The Secretary may approve an application submitted by an eligible applicant under this subsection if the application, including any documentation submitted with the application— (A) demonstrates that the eligible applicant has consulted with other education entities, if any, within the territorial jurisdiction of the applicant that will be affected by the activities to be conducted under the grant; (B) provides for consultation with such other education entities in the operation and evaluation of the activities conducted under the grant; and (C) demonstrates that there will be adequate resources provided under this section or from other sources to complete the activities for which assistance is sought. (e) Restrictions (1) In general An Indian tribe may not receive funds under this section if the tribe receives funds under section 1140 of the Education Amendments of 1978 ( 20 U.S.C. 2020 ). (2) Direct services No funds under this section may be used to provide direct services. (f) Supplement, not supplant Funds under this section shall be used to supplement, and not supplant, other Federal, State, and local programs that meet the needs of tribal students. . (q) Improvement of educational opportunities for adult Indians Title VI ( 20 U.S.C. 7401 et seq. ) (as redesignated by section 6001) is amended by striking section 6136. (r) National Advisory Council on Indian Education Section 6141(b)(1) ( 20 U.S.C. 7471(b)(1) ) (as redesignated by section 6001) is amended by inserting and the Secretary of the Interior after advise the Secretary . (s) Definitions Section 6151 ( 20 U.S.C. 7491 ) (as redesignated by section 6001) is amended by adding at the end the following: (4) Traditional leaders The term traditional leaders has the meaning given the term in section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ). . (t) Authorizations of appropriations Section 6152 ( 20 U.S.C. 7492 ) (as redesignated by section 6001) is amended— (1) in subsection (a), by striking $96,400,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting $100,381,000 for fiscal year 2017, $102,388,620 for fiscal year 2018, $104,436,392 for fiscal year 2019, and $106,525,120 for fiscal year 2020 ; (2) in subsection (b)— (A) in the subsection heading, by striking Subparts 2 and 3 and inserting Subpart 2 ; (B) by striking subparts 2 and 3 and inserting subpart 2 ; and (C) by striking $24,000,000 for fiscal year 2002 and such sums as may be necessary for each of the 5 succeeding fiscal years and inserting $17,993,000 for each of fiscal years 2017 through 2020 ; and (3) by adding at the end the following: (c) Subpart 3 For the purpose of carrying out subpart 3, there are authorized to be appropriated $5,565,000 for each of fiscal years 2017 through 2020. . 6003. Native Hawaiian education (a) Findings Section 6202 ( 20 U.S.C. 7512 ) (as redesignated by section 6001) is amended by striking paragraphs (14) through (21). (b) Native Hawaiian Education Council Section 6204 ( 20 U.S.C. 7514 ) (as redesignated by section 6001) is amended to read as follows: 6204. Native Hawaiian Education Council (a) Grant authorized In order to better effectuate the purposes of this part through the coordination of educational and related services and programs available to Native Hawaiians, including those programs that receive funding under this part, the Secretary shall award a grant to the education council described under subsection (b). (b) Education council (1) Eligibility To be eligible to receive the grant under subsection (a), the council shall be an education council (referred to in this section as the Education Council ) that meets the requirements of this subsection. (2) Composition The Education Council shall consist of 15 members, of whom— (A) 1 shall be the President of the University of Hawaii (or a designee); (B) 1 shall be the Governor of the State of Hawaii (or a designee); (C) 1 shall be the Superintendent of the State of Hawaii Department of Education (or a designee); (D) 1 shall be the chairperson of the Office of Hawaiian Affairs (or a designee); (E) 1 shall be the executive director of Hawaii’s Charter School Network (or a designee); (F) 1 shall be the chief executive officer of the Kamehameha Schools (or a designee); (G) 1 shall be the Chief Executive Officer of the Queen Liliuokalani Trust (or a designee); (H) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who represent one or more private grant-making entities that is submitted to the Secretary by the Education Council; (I) 1 shall be the Mayor of the County of Hawaii (or a designee); (J) 1 shall be the Mayor of Maui County (or a designee from the Island of Maui); (K) 1 shall be the Mayor of the County of Kauai (or a designee); (L) 1 shall be appointed by the Secretary, in a timely manner, and chosen from a list of 5 individuals who are from the Island of Molokai or the Island of Lanai that is submitted to the Secretary by the Mayor of Maui County; (M) 1 shall be the Mayor of the City and County of Honolulu (or a designee); (N) 1 shall be the chairperson of the Hawaiian Homes Commission (or a designee); and (O) 1 shall be the chairperson of the Hawaii Workforce Development Council (or a designee representing the private sector). (3) Requirements Any designee serving on the Education Council shall demonstrate, as determined by the individual who appointed such designee with input from the Native Hawaiian community, not less than 5 years of experience as a consumer or provider of Native Hawaiian educational or cultural activities, with traditional cultural experience given due consideration. (4) Limitation A member (including a designee), while serving on the Education Council, shall not be a direct recipient or administrator of grant funds that are awarded under this part. (5) Term of members A member who is a designee shall serve for a term of not more than 4 years. (6) Chair; vice chair (A) Selection The Education Council shall select a Chairperson and a Vice Chairperson from among the members of the Education Council. (B) Term limits The Chairperson and Vice Chairperson shall each serve for a 2-year term. (7) Administrative provisions relating to education council The Education Council shall meet at the call of the Chairperson of the Council, or upon request by a majority of the members of the Education Council, but in any event not less often than every 120 days. (8) No compensation None of the funds made available through the grant may be used to provide compensation to any member of the Education Council or member of a working group established by the Education Council, for functions described in this section. (c) Use of funds for coordination activities The Education Council shall use funds made available through a grant under subsection (a) to carry out each of the following activities: (1) Providing advice about the coordination of, and serving as a clearinghouse for, the educational and related services and programs available to Native Hawaiians, including the programs assisted under this part. (2) Assessing the extent to which such services and programs meet the needs of Native Hawaiians, and collecting data on the status of Native Hawaiian education. (3) Providing direction and guidance, through the issuance of reports and recommendations, to appropriate Federal, State, and local agencies in order to focus and improve the use of resources, including resources made available under this part, relating to Native Hawaiian education, and serving, where appropriate, in an advisory capacity. (4) Awarding grants, if such grants enable the Education Council to carry out the activities described in paragraphs (1) through (3). (5) Hiring an executive director, who shall assist in executing the duties and powers of the Education Council, as described in subsection (d). (d) Use of funds for technical assistance The Education Council shall use funds made available through a grant under subsection (a) to— (1) provide technical assistance to Native Hawaiian organizations that are grantees or potential grantees under this part; (2) obtain from such grantees information and data regarding grants awarded under this part, including information and data about— (A) the effectiveness of such grantees in meeting the educational priorities established by the Education Council, as described in paragraph (6)(D), using metrics related to these priorities; and (B) the effectiveness of such grantees in carrying out any of the activities described in paragraph (3) of section 6205(a) that are related to the specific goals and purposes of each grantee’s grant project, using metrics related to these goals and purposes; (3) assess and define the educational needs of Native Hawaiians; (4) assess the programs and services available to address the educational needs of Native Hawaiians; (5) assess and evaluate the individual and aggregate impact achieved by grantees under this part in improving Native Hawaiian educational performance and meeting the goals of this part, using metrics related to these goals; and (6) prepare and submit to the Secretary, at the end of each calendar year, an annual report that contains— (A) a description of the activities of the Education Council during the calendar year; (B) a description of significant barriers to achieving the goals of this part; (C) a summary of each community consultation session described in subsection (e); and (D) recommendations to establish priorities for funding under this part, based on an assessment of— (i) the educational needs of Native Hawaiians; (ii) programs and services available to address such needs; (iii) the effectiveness of programs in improving the educational performance of Native Hawaiian students to help such students meet challenging State academic standards under section 1111(b)(1); and (iv) priorities for funding in specific geographic communities. (e) Use of funds for community consultations The Education Council shall use funds made available through the grant under subsection (a) to hold not less than 1 community consultation each year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and Kauai, at which— (1) not fewer than 3 members of the Education Council shall be in attendance; (2) the Education Council shall gather community input regarding— (A) current grantees under this part, as of the date of the consultation; (B) priorities and needs of Native Hawaiians; and (C) other Native Hawaiian education issues; and (3) the Education Council shall report to the community on the outcomes of the activities supported by grants awarded under this part. (f) Funding For each fiscal year, the Secretary shall use the amount described in section 6205(c)(2), to make a payment under the grant. Funds made available through the grant shall remain available until expended. . (c) Program authorized Section 6205 ( 20 U.S.C. 7515 ) (as redesignated by section 6001) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and after the semicolon; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) charter schools; and ; (B) in paragraph (3)— (i) in subparagraph (C)— (I) by striking third grade and inserting grade 3 ; and (II) by striking fifth and sixth grade and inserting grades 5 and 6 ; (ii) in subparagraph (D)(ii), by striking of those students and inserting of such students ; (iii) in subparagraph (E)(ii), by striking students' educational progress and inserting educational progress of such students ; (iv) in subparagraph (G)(ii), by striking concentrations and all that follows through ; and and inserting high concentrations of Native Hawaiian students to meet the unique needs of such students; and ; and (v) in subparagraph (H)— (I) in the matter preceding clause (i), by striking families and inserting students, parents, families, ; (II) in clause (i), by striking preschool programs and inserting early childhood education programs ; (III) by striking clause (ii) and inserting the following: (ii) before, after, and summer school programs, expanded learning time, or weekend academies; ; and (IV) in clause (iii), by striking vocational and adult education programs and inserting career and technical education programs ; and (vi) by striking clauses (i) through (v) of subparagraph (I) and inserting the following: (i) family literacy services; and (ii) counseling, guidance, and support services for students; ; and (C) by striking paragraph (4); and (2) in subsection (c)— (A) in paragraph (1), by striking such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years and inserting $32,397,000 for each of fiscal years 2017 through 2020 ; and (B) in paragraph (2), by striking for fiscal year 2002 and each of the 5 succeeding fiscal years and inserting for each of fiscal years 2017 through 2020 . (d) Definitions Section 6207 ( 20 U.S.C. 7517 ) (as redesignated by section 6001) is amended— (1) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (2) by inserting before paragraph (2), as redesignated by paragraph (1), the following: (1) Community consultation The term community consultation means a public gathering— (A) to discuss Native Hawaiian education concerns; and (B) about which the public has been given not less than 30 days notice. . 6004. Alaska Native education (a) Findings Section 6302 ( 20 U.S.C. 7542 ) (as redesignated by section 6001) is amended by striking paragraphs (1) through (7) and inserting the following: (1) It is the policy of the Federal Government to maximize the leadership of and participation by Alaska Natives in the planning and the management of Alaska Native education programs and to support efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for all students. (2) Many Alaska Native children enter and exit school with serious educational disadvantages. (3) Overcoming the magnitude of the geographic challenges, historical inequities, and other barriers to successfully improving educational outcomes for Alaska Native students in rural, village, and urban settings is challenging. Significant disparities between academic achievement of Alaska Native students and non-Native students continue, including lower graduation rates, increased school dropout rates, and lower achievement scores on standardized tests. (4) The preservation of Alaska Native cultures and languages and the integration of Alaska Native cultures and languages into education, positive identity development for Alaska Native students, and local, place-based, and culture-based programming are critical to the attainment of educational success and the long-term well-being of Alaska Native students. (5) Improving educational outcomes for Alaska Native students increases access to employment opportunities. (6) The Federal Government should lend support to efforts developed by and undertaken within the Alaska Native community to improve educational opportunity for Alaska Native students. In 1983, pursuant to Public Law 98–63 , Alaska ceased to receive educational funding from the Bureau of Indian Affairs. The Bureau of Indian Education does not operate any schools in Alaska, nor operate or fund Alaska Native education programs. The program under this part supports the Federal trust responsibility of the United States to Alaska Natives. . (b) Purposes Section 6303 ( 20 U.S.C. 7543 ) (as redesignated by section 6001) is amended— (1) in paragraph (1), by inserting and address after To recognize ; (2) by striking paragraph (3); (3) by redesignating paragraphs (2) and (4) as paragraphs (4) and (5), respectively; (4) by inserting after paragraph (1) the following: (2) To recognize the role of Alaska Native languages and cultures in the educational success and long-term well-being of Alaska Native students. (3) To integrate Alaska Native cultures and languages into education, develop Alaska Native students’ positive identity, and support local place-based and culture-based curriculum and programming. ; (5) in paragraph (4), as redesignated by paragraph (3), by striking of supplemental educational programs to benefit Alaska Natives. and inserting , management, and expansion of effective supplemental educational programs to benefit Alaska Natives. ; and (6) by adding at the end the following: (6) To ensure the maximum participation by Alaska Native educators and leaders in the planning, development, implementation, management, and evaluation of programs designed to serve Alaska Native students. . (c) Program authorized Section 6304 ( 20 U.S.C. 7544 ) (as redesignated by section 6001) is amended to read as follows: 6304. Program authorized (a) General authority (1) Grants and contracts The Secretary is authorized to make grants to, or enter into contracts with— (A) Alaska Native organizations with experience operating programs that fulfill the purposes of this part; (B) Alaska Native organizations that do not have the experience described in subparagraph (A) but are in partnership with— (i) a State educational agency or a local educational agency; or (ii) an Alaska Native organization that operates a program that fulfills the purposes of this part; (C) an entity located in Alaska, and predominately governed by Alaska Natives, that does not meet the definition of an Alaska Native organization under this part but— (i) has experience operating programs that fulfill the purposes of this part; and (ii) is granted an official charter or sanction, as described in the definition of a tribal organization under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), from at least one Alaska Native tribe or Alaska Native organization to carry out programs that meet the purposes of this part. (2) Mandatory activities Activities provided through the programs carried out under this part shall include the following: (A) The development and implementation of plans, methods, strategies, and activities to improve the educational outcomes of Alaska Natives. (B) The collection of data to assist in the evaluation of the programs carried out under this part. (3) Permissible activities Activities provided through programs carried out under this part may include the following: (A) The development of curricula and programs that address the educational needs of Alaska Native students, including the following: (i) Curriculum materials that are culturally informed and reflect the cultural diversity, languages, history, or the contributions of Alaska Native people, including curricula intended to preserve and promote Alaska Native culture. (ii) Instructional programs that make use of Alaska Native languages and cultures. (iii) Networks that develop, test, and disseminate best practices and introduce successful programs, materials, and techniques to meet the educational needs of Alaska Native students in urban and rural schools. (B) Training and professional development activities for educators, including the following: (i) Pre-service and in-service training and professional development programs to prepare teachers to develop appreciation for, and understanding of, Alaska Native history, cultures, values, and ways of knowing and learning in order to effectively address the cultural diversity and unique needs of Alaska Native students and improve the teaching methods of educators. (ii) Recruitment and preparation of Alaska Native teachers. (iii) Programs that will lead to the certification and licensing of Alaska Native teachers, principals, other school leaders, and superintendents. (C) Early childhood and parenting education activities designed to improve the school readiness of Alaska Native children, including— (i) the development and operation of home visiting programs for Alaska Native preschool children, to ensure the active involvement of parents in their children’s education from the earliest ages; (ii) training, education, and support, including in-home visitation, for parents and caregivers of Alaska Native children to improve parenting and caregiving skills (including skills relating to discipline and cognitive development, reading readiness, observation, storytelling, and critical thinking); (iii) family literacy services; (iv) activities carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ); (v) programs for parents and their infants, from the prenatal period of the infant through age 3; (vi) early childhood education programs; and (vii) native language immersion within early childhood education programs, Head Start, or preschool programs. (D) The development and operation of student enrichment programs, including programs in science, technology, engineering, and mathematics that— (i) are designed to prepare Alaska Native students to excel in such subjects; (ii) provide appropriate support services to enable such students to benefit from the programs; and (iii) include activities that recognize and support the unique cultural and educational needs of Alaska Native children and incorporate appropriately qualified Alaska Native elders and other tradition bearers. (E) Research and data collection activities to determine the educational status and needs of Alaska Native children and adults and other such research and evaluation activities related to programs funded under this part. (F) Activities designed to enable Alaska Native students served under this part to meet the challenging State academic standards or increase the graduation rates of Alaska Native students, such as— (i) remedial and enrichment programs; (ii) culturally based education programs, such as— (I) programs of study and other instruction in Alaska Native history and ways of living to share the rich and diverse cultures of Alaska Natives among Alaska Native youth and elders, non-Native students and teachers, and the larger community; (II) instructing Alaska Native youth in leadership, communication, and Alaska Native culture, arts, history, and languages; (III) intergenerational learning and internship opportunities to Alaska Native youth and young adults; (IV) providing cultural immersion activities aimed at Alaska Native cultural preservation; (V) native language instruction and immersion activities, including native language immersion nests or schools; (VI) school-within-a-school model programs; and (VII) preparation for postsecondary education and career planning; and (iii) comprehensive school or community-based support services, including services that— (I) address family instability and trauma; and (II) improve conditions for learning at home, in the community, and at school. (G) Student and teacher exchange programs, cross-cultural immersion programs, and culture camps designed to build mutual respect and understanding among participants. (H) Education programs for at-risk urban Alaska Native students that are designed to improve academic proficiency and graduation rates, use strategies otherwise permissible under this part, and incorporate a strong data collection and continuous evaluation component. (I) Strategies designed to increase the involvement of parents in their children’s education. (J) Programs and strategies that increase connections between and among schools, families, and communities, including positive youth-adult relationships, to— (i) promote the academic progress and positive development of Alaska Native children and youth; and (ii) improve conditions for learning at home, in the community, and at school. (K) Career preparation activities to enable Alaska Native children and adults to prepare for meaningful employment, including programs providing tech-prep, mentoring, training, and apprenticeship activities. (L) Support for the development and operational activities of regional vocational schools in rural areas of Alaska to provide students with necessary resources to prepare for skilled employment opportunities. (M) Regional leadership academies that demonstrate effectiveness in building respect and understanding, and fostering a sense of Alaska Native identity in Alaska Native students to promote their pursuit of and success in completing higher education or career training. (N) Other activities, consistent with the purposes of this part, to meet the educational needs of Alaska Native children and adults. (b) Authorization of appropriations There are authorized to be appropriated to carry out this section $31,453,000 for each of fiscal years 2017 through 2020. . (d) Administrative provisions Section 6305 ( 20 U.S.C. 7545 ) (as redesignated by section 6001) is amended to read as follows: 6305. Administrative provisions Not more than 5 percent of funds provided to an award recipient under this part for any fiscal year may be used for administrative purposes. . (e) Definitions Section 6306 ( 20 U.S.C. 7546 ) (as redesignated by section 6001) is amended— (1) in paragraph (1), by inserting ( 43 U.S.C. 1602(b) ) and includes the descendants of individuals so defined after Settlement Act ; (2) by striking paragraph (2) and inserting the following: (2) Alaska native organization The term Alaska Native organization means an organization that has or commits to acquire expertise in the education of Alaska Natives and is— (A) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), that is an Indian tribe located in Alaska; (B) a tribal organization , as defined in section 4 of such Act ( 25 U.S.C. 450b ), that is a tribal organization located in Alaska; or (C) an organization listed in clauses (i) through (xii) of section 419(4)(B) of the Social Security Act ( 42 U.S.C. 619(4)(B)(i) through (xii)), or the successor of an entity so listed. . 6005. Report on Native American language medium education (a) Definitions In this section: (1) Institution of higher education The term institution of higher education has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. (2) Local educational agency The term local educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. (3) Native American; Native American language The terms Native American and Native American language have the meanings given such terms in section 103 of the Native American Languages Act of 1990 ( 25 U.S.C. 2902 ). (4) State educational agency The term State educational agency has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965. (b) Study By not later than 18 months after the date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall— (1) conduct a study to evaluate all levels of education being provided primarily through the medium of Native American languages; and (2) report on the findings of such study. (c) Consultation In carrying out the study conducted under subsection (b), the Secretary shall consult with— (1) institutions of higher education that conduct Native American language immersion programs, including teachers of such programs; (2) State educational agencies and local educational agencies; (3) Indian tribes and tribal organizations, as such terms are defined by section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ) that sponsor Native American language immersion schools; and (4) experts in the fields of Native American or Alaska Native language and Native American language medium education, including scholars who are fluent in Native American languages. (d) Scope of study The study conducted under subsection (b) shall evaluate the components, policies, and practices of successful Native American language immersion schools and programs, including— (1) the level of expertise in educational pedagogy, Native American language fluency, and experience of the principal, teachers, paraprofessionals, and other educational staff; (2) how such schools and programs are using Native American languages to provide instruction in reading, language arts, mathematics, science, and, as applicable, other academic subjects; (3) how such schools and programs assess the academic proficiency of the students, including— (A) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in the Native American language of instruction; (B) whether the school administers assessments of language arts, mathematics, science, and other academic subjects in English; and (C) how the standards measured by the assessments in the Native American language of instruction and in English compare; and (4) the academic outcomes, graduation rate, and other outcomes of students who have completed the highest grade taught primarily through such schools or programs, including, when available, college attendance rates compared with demographically similar students who did not attend a school in which the language of instruction was a Native American language. (e) Recommendations Not later than 18 months after the date of enactment of this Act, the Secretary of Education, in collaboration with the Secretary of the Interior, shall— (1) develop a report that includes findings and conclusions regarding the study conducted under subsection (b), including recommendations for such legislative and administrative actions as the Secretary of Education considers to be appropriate; (2) consult with the entities described in subsection (c) in reviewing such findings and conclusions; and (3) submit the report described in paragraph (1) to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Education and the Workforce of the House of Representatives. (C) The Committee on Indian Affairs of the Senate. (D) The Subcommittee on Indian, Insular and Alaska Native Affairs of the House of Representatives. 6006. Report on responses to Indian student suicides (a) Preparation (1) In general The Secretary of Education, in coordination with the Secretary of the Interior and the Secretary of Health and Human Services, shall prepare a report on efforts to address outbreaks of suicides among elementary school and secondary school students (referred to in this section as student suicides ) that occurred within 1 year prior to the date of enactment of this Act in Indian country (as defined in section 1151 of title 18, United States Code). (2) Contents The report described in paragraph (1) shall include information on— (A) the Federal response to the occurrence of high numbers of student suicides in Indian country (as so defined); (B) a list of Federal resources available to prevent and respond to outbreaks of student suicides, including the availability and use of tele-behavioral health care; (C) any barriers to timely implementation of programs or interagency collaboration regarding student suicides; (D) interagency collaboration efforts to streamline access to programs regarding student suicides, including information on how the Department of Education, the Department of the Interior, and the Department of Health and Human Services work together on administration of such programs; (E) recommendations to improve or consolidate resources or programs described in subparagraph (B) or (D); and (F) feedback from Indian tribes to the Federal response described in subparagraph (A). (b) Submission Not later than 270 days after the date of enactment of this Act, the Secretary of Education shall submit the report described in subsection (a) to the appropriate committees of Congress. VII Impact Aid 7001. General provisions (a) Impact Aid Improvement Act of 2012 Section 563(c) of National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1748; 20 U.S.C. 6301 note) (also known as the Impact Aid Improvement Act of 2012 ), as amended by section 563 of division A of Public Law 113–291 , is amended— (1) by striking paragraphs (1) and (4); and (2) by redesignating paragraphs (2) and (3), as paragraphs (1) and (2), respectively. (b) Repeal Section 309 of division H of the Consolidated Appropriations Act, 2014 ( Public Law 113–76 ; 20 U.S.C. 7702 note) is repealed. (c) Title VII redesignations Title VIII ( 20 U.S.C. 7701 et seq. ) is redesignated as title VII and further amended— (1) by redesignating sections 8001 through 8005 as sections 7001 through 7005, respectively; and (2) by redesignating sections 8007 through 8014 as sections 7007 through 7014, respectively. (d) Conforming amendments Title VII (as redesignated by subsection (c) of this section) is further amended— (1) by striking section 8002 each place it appears and inserting section 7002 ; (2) by striking section 8003 each place it appears and inserting section 7003 ; (3) by striking section 8003(a)(1) each place it appears and inserting section 7003(a)(1) ; (4) by striking section 8003(a)(1)(C) each place it appears and inserting section 7003(a)(1)(C) ; (5) by striking section 8003(a)(2) each place it appears and inserting section 7003(a)(2) ; (6) by striking section 8003(b) each place it appears and inserting section 7003(b) ; (7) by striking section 8003(b)(1) each place it appears and inserting section 7003(b)(1) ; (8) by striking section 8003(b)(2) each place it appears and inserting section 7003(b)(2) ; (9) by striking section 8014(a) each place it appears and inserting section 7014(a) ; (10) by striking section 8014(b) each place it appears and inserting section 7014(b) ; and (11) by striking section 8014(e) each place it appears and inserting section 7014(d) . 7002. Purpose Section 7001, as redesignated by section 7001 of this Act, is amended in the matter preceding paragraph (1), by striking challenging State standards and inserting the same challenging State academic standards . 7003. Payments relating to federal acquisition of real property Section 7002, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (a)(1)(C), by striking the matter preceding clause (i) and inserting the following: (C) had an assessed value according to original records (including facsimiles or other reproductions of those records) documenting the assessed value of such property (determined as of the time or times when so acquired) prepared by the local officials referred to in subsection (b)(3) or, when such original records are not available due to unintentional destruction (such as natural disaster, fire, flooding, pest infestation, or deterioration due to age), other records, including Federal agency records, local historical records, or other records that the Secretary determines to be appropriate and reliable, aggregating 10 percent or more of the assessed value of— ; (2) in subsection (b)— (A) in paragraph (1)(C) by striking section 8003(b)(1)(C) and inserting section 7003(b)(1)(C) ; (B) in paragraph (3), by striking subparagraph (B) and inserting the following: (B) Special rule In the case of Federal property eligible under this section that is within the boundaries of 2 or more local educational agencies that are eligible under this section, any of such agencies may ask the Secretary to calculate (and the Secretary shall calculate) the taxable value of the eligible Federal property that is within its boundaries by— (i) first calculating the per-acre value of the eligible Federal property separately for each eligible local educational agency that shared the Federal property, as provided in subparagraph (A)(ii); (ii) then averaging the resulting per-acre values of the eligible Federal property from each eligible local educational agency that shares the Federal property; and (iii) then applying the average per-acre value to determine the total taxable value of the eligible Federal property under subparagraph (A)(iii) for the requesting local educational agency. ; (3) in subsection (e)(2), by adding at the end the following: For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act , the Secretary shall treat local educational agencies chartered in 1871 having more than 70 percent of the county in Federal ownership as meeting the eligibility requirements of subparagraphs (A) and (C) of subsection (a)(1). ; (4) by striking subsection (f) and inserting the following: (f) Special Rule For each fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act , a local educational agency shall be deemed to meet the requirements of subsection (a)(1)(C) if the agency was eligible under paragraph (1) or (3) of section 8002(f) as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act. ; (5) by striking subsection (g) and inserting the following: (g) Former districts (1) Consolidations For fiscal year 2006 and each succeeding fiscal year, if a local educational agency described in paragraph (2) is formed at any time after 1938 by the consolidation of 2 or more former school districts, the local educational agency may elect to have the Secretary determine its eligibility for assistance under this section for any fiscal year on the basis of 1 or more of those former districts, as designated by the local educational agency. (2) Eligible Local Educational Agencies A local educational agency referred to in paragraph (1) is— (A) any local educational agency that, for fiscal year 1994 or any preceding fiscal year, applied, and was determined to be eligible under, section 2(c) of the Act of September 30, 1950 (Public Law 874, 81st Congress) as that section was in effect for that fiscal year; or (B) a local educational agency— (i) that was formed by the consolidation of 2 or more districts, at least 1 of which was eligible for assistance under this section for the fiscal year preceding the year of the consolidation; and (ii) which includes the designation referred to in paragraph (1) in its application under section 7005 for a fiscal year beginning on or after the date of enactment of the Every Student Succeeds Act or any timely amendment to such application. (3) Amount A local educational agency eligible under paragraph (1) shall receive a foundation payment as provided for under subparagraphs (A) and (B) of subsection (h)(1), except that the foundation payment shall be calculated based on the most recent payment received by the local educational agency based on its status prior to consolidation. ; (6) in subsection (h)(4), by striking For each local educational agency that received a payment under this section for fiscal year 2010 through the fiscal year in which the Impact Aid Improvement Act of 2012 is enacted and inserting For each local educational agency that received a payment under this section for fiscal year 2010 or any succeeding fiscal year ; (7) by repealing subsections (k) and (m); (8) by redesignating subsection (l) as subsection (j); (9) in subsection (j) (as redesignated by paragraph (8)), by striking (h)(4)(B) and inserting (h)(2) ; (10) by redesignating subsection (n) as subsection (k); and (11) in subsection (k)(1) (as redesignated by paragraph (10)), by striking section 8013(5)(C)(iii) and inserting section 7013(5)(C)(iii) . 7004. Payments for eligible federally connected children Section 7003, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (a)(5)(A), by striking to be children and all that follows through the period at the end and inserting ‘‘or under lease of off-base property under subchapter IV of chapter 169 of title 10, United States Code, to be children described under paragraph (1)(B), if the property described is— (i) within the fenced security perimeter of the military facility; or (ii) attached to, and under any type of force protection agreement with, the military installation upon which such housing is situated. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively; (B) in paragraph (2), by striking subparagraphs (B) through (H) and inserting the following: (B) Eligibility for heavily impacted local educational agencies (i) In general A heavily impacted local educational agency is eligible to receive a basic support payment under subparagraph (A) with respect to a number of children determined under subsection (a)(1) if the agency— (I) is a local educational agency— (aa) whose boundaries are the same as a Federal military installation or an island property designated by the Secretary of the Interior to be property that is held in trust by the Federal Government; and (bb) that has no taxing authority; (II) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 45 percent; (bb) has a per-pupil expenditure that is less than— (AA) for an agency that has a total student enrollment of 500 or more students, 125 percent of the average per-pupil expenditure of the State in which the agency is located; or (BB) for any agency that has a total student enrollment of less than 500 students, 150 percent of the average per-pupil expenditure of the State in which the agency is located or the average per-pupil expenditure of 3 or more comparable local educational agencies in the State in which the agency is located; and (cc) is an agency that has a tax rate for general fund purposes that is not less than 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State; (III) is a local educational agency that— (aa) has a tax rate for general fund purposes which is not less than 125 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and (bb) (AA) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 30 percent; or (BB) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that is not less than 20 percent, and for the 3 fiscal years preceding the fiscal year for which the determination is made, the average enrollment of children who are not described in subsection (a)(1) and who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act constitutes a percentage of the total student enrollment of the agency that is not less than 65 percent; (IV) is a local educational agency that has a total student enrollment of not less than 25,000 students, of which— (aa) not less than 50 percent are children described in subsection (a)(1); and (bb) not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1); or (V) is a local educational agency that— (aa) has an enrollment of children described in subsection (a)(1) including, for purposes of determining eligibility, those children described in subparagraphs (F) and (G) of such subsection, that is not less than 35 percent of the total student enrollment of the agency; (bb) has a per-pupil expenditure described in subclause (II)(bb) (except that a local educational agency with a total student enrollment of less than 350 students shall be deemed to have satisfied such per-pupil expenditure requirement) and has a tax rate for general fund purposes which is not less than 95 percent of the average tax rate for general fund purposes for comparable local educational agencies in the State; and (cc) was eligible to receive assistance under subparagraph (A) for fiscal year 2001. (ii) Loss of eligibility (I) In general Subject to subclause (II), a heavily impacted local educational agency that met the requirements of clause (i) for a fiscal year shall be ineligible to receive a basic support payment under subparagraph (A) if the agency fails to meet the requirements of clause (i) for a subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. (II) Loss of eligibility due to falling below 95 percent of the average tax rate for general fund purposes In the case of a heavily impacted local educational agency described in subclause (II) or (V) of clause (i) that is eligible to receive a basic support payment under subparagraph (A), but that has had, for 2 consecutive fiscal years, a tax rate for general fund purposes that falls below 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, such agency shall be determined to be ineligible under clause (i) and ineligible to receive a basic support payment under subparagraph (A) for each fiscal year succeeding such 2 consecutive fiscal years for which the agency has such a tax rate for general fund purposes, and until the fiscal year for which the agency resumes such eligibility in accordance with clause (iii). (III) Taken over by State board of education In the case of a heavily impacted local educational agency that is eligible to receive a basic support payment under subparagraph (A), but that has been taken over by a State board of education in any 2 previous years, such agency shall be deemed to maintain heavily impacted status for 2 fiscal years following the date of enactment of the Every Student Succeeds Act . (iii) Resumption of eligibility A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency meets the requirements of clause (i) for that subsequent fiscal year, except that such agency shall not receive a basic support payment under this paragraph until the fiscal year succeeding the fiscal year for which the eligibility determination is made. (C) Maximum amount for heavily impacted local educational agencies (i) In general Except as provided in subparagraph (D), the maximum amount that a heavily impacted local educational agency is eligible to receive under this paragraph for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2) and subject to clause (ii), multiplied by the greater of— (I) four-fifths of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; or (II) four-fifths of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made. (ii) Calculation of weighted student units (I) In general (aa) Percentage enrollment For a local educational agency in which 35 percent or more of the total student enrollment of the schools of the agency are children described in subparagraph (D) or (E) (or a combination thereof) of subsection (a)(1), and that has an enrollment of children described in subparagraph (A), (B), or (C) of such subsection equal to at least 10 percent of the agency's total enrollment, the Secretary shall calculate the weighted student units of those children described in subparagraph (D) or (E) of such subsection by multiplying the number of such children by a factor of 0.55. (bb) Exception Notwithstanding item (aa), a local educational agency that received a payment under this paragraph for fiscal year 2013 shall not be required to have an enrollment of children described in subparagraph (A), (B), or (C) of subsection (a)(1) equal to at least 10 percent of the agency's total enrollment and shall be eligible for the student weight as provided for in item (aa). (II) Enrollment of 100 or fewer children For a local educational agency that has an enrollment of 100 or fewer children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.75. (III) Enrollment of more than 100 children but less than 1000 For a local educational agency that is not described under subparagraph (B)(i)(I) and has an enrollment of more than 100 but not more than 1,000 children described in subsection (a)(1), the Secretary shall calculate the total number of weighted student units for purposes of subsection (a)(2) by multiplying the number of such children by a factor of 1.25. (D) Maximum amount for large heavily impacted local educational agencies (i) In general (I) Formula Subject to clause (ii), the maximum amount that a heavily impacted local educational agency described in subclause (II) is eligible to receive under this paragraph for any fiscal year shall be determined in accordance with the formula described in paragraph (1)(C). (II) Heavily impacted local educational agency A heavily impacted local educational agency described in this subclause is a local educational agency that has a total student enrollment of not less than 25,000 students, of which not less than 50 percent are children described in subsection (a)(1) and not less than 5,000 of such children are children described in subparagraphs (A) and (B) of subsection (a)(1). (ii) Factor For purposes of calculating the maximum amount described in clause (i), the factor used in determining the weighted student units under subsection (a)(2) with respect to children described in subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35. (E) Data For purposes of providing assistance under this paragraph, the Secretary shall use student, revenue, expenditure, and tax data from the third fiscal year preceding the fiscal year for which the local educational agency is applying for assistance under this paragraph. (F) Determination of average tax rates for general fund purposes (i) In general Except as provided in clause (ii), for the purpose of determining the average tax rates for general fund purposes for local educational agencies in a State under this paragraph, the Secretary shall use either— (I) the average tax rate for general fund purposes for comparable local educational agencies, as determined by the Secretary in regulations; or (II) the average tax rate of all the local educational agencies in the State. (ii) Fiscal years 2010–2015 (I) In general For fiscal years 2010 through 2015, any local educational agency that was found ineligible to receive a payment under subparagraph (A) because the Secretary determined that it failed to meet the average tax rate requirement for general fund purposes in subparagraph (B)(i)(II)(cc), shall be considered to have met that requirement, if its State determined, through an alternate calculation of average tax rates for general fund purposes, that such local educational agency met that requirement. (II) Subsequent fiscal years after 2015 For any succeeding fiscal year after 2015, any local educational agency identified in subclause (I) may continue to have its State use that alternate methodology to calculate whether the average tax rate requirement for general fund purposes under subparagraph (B)(i)(II)(cc) is met. (III) Availability of funds Notwithstanding any other provision of law limiting the period during which the Secretary may obligate funds appropriated for any fiscal year after 2012, the Secretary shall reserve a total of $14,000,000 from funds that remain unobligated under this section from fiscal years 2015 or 2016 in order to make payments under this clause for fiscal years 2011 through 2014. (G) Eligibility for heavily impacted local educational agencies affected by privatization of military housing (i) Eligibility For any fiscal year, a heavily impacted local educational agency that received a basic support payment under this paragraph for the prior fiscal year, but is ineligible for such payment for the current fiscal year under subparagraph (B) due to the conversion of military housing units to private housing described in clause (iii), or as the direct result of base realignment and closure or modularization as determined by the Secretary of Defense and force structure change or force relocation, shall be deemed to meet the eligibility requirements under subparagraph (B) for the period during which the housing units are undergoing such conversion or during such time as activities associated with base closure and realignment, modularization, force structure change, or force relocation are ongoing. (ii) Amount of payment The amount of a payment to a heavily impacted local educational agency for a fiscal year by reason of the application of clause (i), and calculated in accordance with subparagraph (C) or (D), as the case may be, shall be based on the number of children in average daily attendance in the schools of such agency for the fiscal year and under the same provisions of subparagraph (C) or (D) under which the agency was paid during the prior fiscal year. (iii) Conversion of military housing units to private housing described For purposes of clause (i), conversion of military housing units to private housing means the conversion of military housing units to private housing units pursuant to subchapter IV of chapter 169 of title 10, United States Code, or pursuant to any other related provision of law. ; (C) in paragraph (3)— (i) in subparagraph (B), by striking clause (iii) and inserting the following: (iii) In the case of a local educational agency providing a free public education to students enrolled in kindergarten through grade 12, that enrolls students described in subparagraphs (A), (B), and (D) of subsection (a)(1) only in grades 9 through 12, and that received a final payment for fiscal year 2009 calculated under section 8003(b)(3) (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act ) for students in grades 9 through 12, the Secretary shall, in calculating the agency's payment, consider only that portion of such agency's total enrollment of students in grades 9 through 12 when calculating the percentage under clause (i)(I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under clause (i)(II). ; (ii) in subparagraph (C), by striking subparagraph (D) or (E) of paragraph (2), as the case may be and inserting subparagraph (C) or (D) of paragraph (2), as the case may be ; and (iii) by striking subparagraph (D) and inserting the following: (D) Ratable distribution For fiscal years described in subparagraph (A), for which the sums available exceed the amount required to pay each local educational agency 100 percent of its threshold payment, the Secretary shall distribute the excess sums to each eligible local educational agency that has not received its full amount computed under paragraphs (1) or (2) (as the case may be) by multiplying— (i) a percentage, the denominator of which is the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for all local educational agencies and the amount of the threshold payment (as calculated under subparagraphs (B) and (C)) of all local educational agencies, and the numerator of which is the aggregate of the excess sums, by (ii) the difference between the full amount computed under paragraph (1) or (2) (as the case may be) for the agency and the amount of the threshold payment (as calculated under subparagraphs (B) or (C)) of the agency, except that no local educational agency shall receive more than 100 percent of the maximum payment calculated under subparagraph (C) or (D) of paragraph (2). (E) Insufficient payments For each fiscal year described in subparagraph (A) for which the sums appropriated are insufficient to pay each local educational agency all of the local educational agency's threshold payment described in subparagraph (B), the Secretary shall ratably reduce the payment to each local educational agency under this paragraph. (F) Increases (i) Increases based on insufficient funds If additional funds become available under 7014(b) for making payments under paragraphs (1) and (2) and those funds are not sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in subparagraph (B), payments that were reduced under subparagraph (E) shall be increased by the Secretary on the same basis as such payments were reduced. (ii) Increases based on sufficient funds If additional funds become available under section 7014(b) for making payments under paragraphs (1) and (2) and those funds are sufficient to increase each local educational agency’s threshold payment above 100 percent of its threshold payment described in subparagraph (B), the payment for each local educational agency shall be 100 percent of its threshold payment. The Secretary shall then distribute the excess sums to each eligible local educational agency in accordance with subparagraph (D). (G) Provision of tax rate and resulting percentage As soon as practicable following the payment of funds under paragraph (2) to an eligible local educational agency, the Secretary shall provide the local educational agency with a description of— (i) the tax rate of the local educational agency; and (ii) the percentage such tax rate represents of the average tax rate for general fund purposes of comparable local educational agencies in the State as determined under subclauses (II)(cc), III(aa), or (V)(bb) of paragraph (2)(B)(i) (as the case may be). ; and (D) in paragraph (4)— (i) in subparagraph (A), by striking through (D) and inserting and (C) ; and (ii) in subparagraph (B), by striking subparagraph (D) or (E) and inserting subparagraph (C) or (D) ; (3) in subsection (c), by striking paragraph (2) and inserting the following: (2) Exception Calculation of payments for a local educational agency shall be based on data from the fiscal year for which the agency is making an application for payment if such agency— (A) is newly established by a State, for the first year of operation of such agency only; (B) was eligible to receive a payment under this section for the previous fiscal year and has had an overall increase in enrollment (as determined by the Secretary in consultation with the Secretary of Defense, the Secretary of the Interior, or the heads of other Federal agencies)— (i) (I) of not less than 10 percent of children described in— (aa) subparagraph (A), (B), (C), or (D) of subsection (a)(1); or (bb) subparagraphs (F) and (G) of subsection (a)(1), but only to the extent that such children are civilian dependents of employees of the Department of Defense or the Department of the Interior; or (II) of not less than 100 of such children; and (ii) that is the direct result of closure or realignment of military installations under the base closure process or the relocation of members of the Armed Forces and civilian employees of the Department of Defense as part of the force structure changes or movements of units or personnel between military installations or because of actions initiated by the Secretary of the Interior or the head of another Federal agency; or (C) was eligible to receive a payment under this section for the previous fiscal year and has had an increase in enrollment (as determined by the Secretary)— (i) of not less than 10 percent of children described in subsection (a)(1) or not less than 100 of such children; and (ii) that is the direct result of the closure of a local educational agency that received a payment under subsection (b)(1) or (b)(2) for the previous fiscal year. ; (4) in subsection (d)(1), by striking section 8014(c) and inserting section 7014(c) ; (5) in subsection (e)— (A) by redesignating paragraph (3) as paragraph (4); (B) by striking paragraphs (1) and (2) and inserting the following: (1) In general In the case of any local educational agency eligible to receive a payment under subsection (b) whose calculated payment amount for a fiscal year is reduced by 20 percent, as compared to the amount received for the previous fiscal year, the Secretary shall pay the local educational agency, for the year of the reduction and the following 2 years, the amount determined under paragraph (2). (2) Amount of reduction Subject to paragraph (3), A local educational agency described in paragraph (1) shall receive— (A) for the first year for which the reduced payment is determined, an amount that is not less than 90 percent of the total amount that the local educational agency received under subsection (b) for the previous fiscal year; (B) for the second year following such reduction, an amount that is not less than 85 percent of the total amount that the local educational agency received under subparagraph (A); and (C) for the third year following such reduction, an amount that is not less than 80 percent of the total amount that the local educational agency received under subparagraph (B). (3) Special rule For any fiscal year for which a local educational agency would receive a payment under subsection (b) in excess of the amount determined under paragraph (2), the payment received by the local educational agency for such fiscal year shall be calculated under paragraph (1) or (2) of subsection (b). ; and (6) by striking subsection (g). 7005. Policies and procedures relating to children residing on Indian lands Section 7004(e)(9), as redesignated and amended by section 7001 of this Act, is further amended by striking Affairs both places the term appears and inserting Education . 7006. Application for payments under sections 7002 and 7003 Section 7005, as redesignated and amended by section 7001 of this Act, is further amended— (1) in the section heading, by striking 8002 and 8003 and inserting 7002 and 7003 ; (2) by striking or 8003 each place it appears and inserting or 7003 ; (3) in subsection (b)— (A) in the matter preceding paragraph (1), by striking , and shall contain such information, ; and (B) by striking section 8004 and inserting section 7004 ; and (4) in subsection (d)(2), by striking section 8003(e) and inserting section 7003(e) ; 7007. Construction Section 7007, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (a)— (A) in paragraph (3)(A)(i)— (i) by redesignating the first subclause (II) as subclause (I); (ii) in subclause (II), by striking section 8008(a) and inserting section 7008(a) ; and (B) in paragraph (4), by striking section 8013(3) and inserting section 7013(3) ; and (2) in subsection (b)— (A) in paragraph (3)(C)(i)(I), by adding at the end the following: (cc) Not less than 10 percent of the property acreage in the agency is exempt from State and local taxation under Federal law. ; and (B) in paragraph (6)— (i) in the matter preceding subparagraph (A), by striking , in such manner, and accompanied by such information and inserting and in such manner ; (ii) in subparagraph (A), by inserting before the period at the end the following: , and containing such additional information as may be necessary to meet any award criteria for a grant under this subsection as provided by any other Act ; and (iii) by striking subparagraph (F). 7008. Facilities Section 7008(a), as redesignated by section 7001 of this Act, is amended by striking section 8014(f) and inserting section 7014(e) . 7009. State consideration of payments in providing state aid Section 7009, as redesignated and amended by section 7001 of this Act, is further amended— (1) by striking section 8011(a) each place it appears and inserting section 7011(a) ; (2) in subsection (b)(1)— (A) by striking or 8003(b) and inserting or 7003(b) ; and (B) by striking section 8003(a)(2)(B) and inserting section 7003(a)(2)(B) ; and (3) in subsection (c)(1)(B), by striking and contain the information and inserting that after form . 7010. Federal administration Section 7010, as redesignated and amended by section 7001 of this Act, is further amended— (1) in subsection (c)— (A) in paragraph (1), in the paragraph heading, by striking 8003 (a)(1) and inserting 7003 (a)(1) ; (B) in paragraph (2)(D), by striking section 8009(b) and inserting section 7009(b) ; and (2) in subsection (d)(2), by striking section 8014 and inserting section 7014 . 7011. Administrative hearings and judicial review Section 7011(a), as redesignated by section 7001 of this Act, is amended by striking or under the Act and all that follows through 1994) . 7012. Definitions Section 7013, as redesignated by section 7001 of this Act, is amended— (1) in paragraph (1), by striking and Marine Corps and inserting Marine Corps, and Coast Guard ; (2) in paragraph (4), by striking and title VI ; (3) in paragraph (5)(A)— (A) in clause (ii), by striking subclause (III) and inserting the following: (III) conveyed at any time under the Alaska Native Claims Settlement Act to a Native individual, Native group, or village or regional corporation (including single family occupancy properties that may have been subsequently sold or leased to a third party), except that property that is conveyed under such Act— (aa) that is not taxed is, for the purposes of this paragraph, considered tax-exempt due to Federal law; and (bb) is considered Federal property for the purpose of this paragraph if the property is located within a Regional Educational Attendance Area that has no taxing power; ; and (B) in clause (iii)— (i) in subclause (II), by striking Stewart B. McKinney Homeless Assistance Act and inserting McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) ; and (ii) by striking subclause (III) and inserting the following: (III) used for affordable housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ); or . 7013. Authorization of appropriations Section 7014, as amended and redesignated by section 7001 of this Act, is further amended— (1) in subsection (a), by striking $32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting $66,813,000 for each of fiscal years 2017 through 2019, and $71,997,917 for fiscal year 2020 ; (2) in subsection (b), by striking $809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting $1,151,233,000 for each of fiscal years 2017 through 2019, and $1,240,572,618 for fiscal year 2020 ; (3) in subsection (c)— (A) by striking section 8003(d) and inserting section 7003(d) ; and (B) by striking $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting $48,316,000 for each of fiscal years 2017 through 2019, and $52,065,487 for fiscal year 2020 ; (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; (5) in subsection (d) (as redesignated by paragraph (4))— (A) by striking section 8007 and inserting section 7007 ; and (B) by striking $10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years and inserting $17,406,000 for each of fiscal years 2017 through 2019, and $18,756,765 for fiscal year 2020 ; and (6) in subsection (e) (as redesignated by paragraph (4))— (A) by striking section 8008 and inserting section 7008 ; and (B) by striking $5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years and inserting $4,835,000 for each of fiscal years 2017 through 2019, and $5,210,213 for fiscal year 2020 . VIII General provisions 8001. General provisions (a) Title IX redesignations Title IX ( 20 U.S.C. 7801 et seq. ) (as amended by sections 2001 and 4001 of this Act) is redesignated as title VIII and further amended— (1) by redesignating sections 9101 through 9103 as sections 8101 through 8103, respectively; (2) by redesignating sections 9201 through 9204 as sections 8201 through 8204, respectively; (3) by redesignating sections 9301 through 9306 as sections 8301 through 8306, respectively; (4) by redesignating section 9401 as section 8401; (5) by redesignating sections 9501 through 9506 as sections 8501 through 8506, respectively; (6) by redesignating sections 9521 through 9537 as sections 8521 through 8537, respectively; (7) by redesignating sections 9541 through 9548 as sections 8551 through 8558, respectively; (8) by redesignating section 9551 as 8561; (9) by redesignating sections 9561 through 9564 as sections 8571 through 8574, respectively; and (10) by redesignating section 9601 as section 8601. (b) Structural and conforming amendments Title VIII (as redesignated by subsection (a) of this section) is further amended— (1) by redesignating parts E and F as parts F and G, respectively; (2) by striking 9305 each place it appears and inserting 8305 ; (3) by striking 9302 each place it appears and inserting 8302 ; and (4) by striking 9501 each place it appears and inserting 8501 . 8002. Definitions Section 8101, as redesignated and amended by section 8001 of this Act, is further amended— (1) by striking paragraphs (3), (11), (19), (23), (35), (36), (37), and (42); (2) by redesignating paragraphs (4), (5), (6), (7), (8), (9), (10), (12), (13), (14), (15), (16), (17), (18), (20), (21), (22), (24), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (38), (39), (41), and (43) as paragraphs (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (18), (19), (24), (26), (27), (29), (20), (30), (31), (34), (35), (36), (38), (39), (41), (42), (45), (46), (49), and (50), respectively, and by transferring such paragraph (20) (as so redesignated) so as to follow such paragraph (19) (as so redesignated); (3) by striking paragraphs (11) and (12) (as so redesignated by paragraph (2)) and inserting the following: (11) Covered program The term covered program means each of the programs authorized by— (A) part A of title I; (B) part C of title I; (C) part D of title I; (D) part A of title II; (E) part A of title III; (F) part A of title IV; (G) part B of title IV; and (H) subpart 2 of part B of title V. (12) Current expenditures The term current expenditures means expenditures for free public education— (A) including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities; but (B) not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds received under title I. ; (4) by inserting after paragraph (14) (as so redesignated by paragraph (2)) the following: (15) Dual or concurrent enrollment program The term dual or concurrent enrollment program means a program offered by a partnership between at least one institution of higher education and at least one local educational agency through which a secondary school student who has not graduated from high school with a regular high school diploma is able to enroll in one or more postsecondary courses and earn postsecondary credit that— (A) is transferable to the institutions of higher education in the partnership; and (B) applies toward completion of a degree or recognized educational credential as described in the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). (16) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (17) Early college high school The term early college high school means a partnership between at least one local educational agency and at least one institution of higher education that allows participants to simultaneously complete requirements toward earning a regular high school diploma and earn not less than 12 credits that are transferable to the institutions of higher education in the partnership as part of an organized course of study toward a postsecondary degree or credential at no cost to the participant or participant’s family. ; (5) in paragraph (20) (as so redesignated and transferred by paragraph (2))— (A) in the paragraph heading, by striking Limited english proficient and inserting English learner ; (B) in the matter preceding subparagraph (A), by striking limited English proficient and inserting English learner ; and (C) in subparagraph (D)(i), by striking State’s proficient level of achievement on State assessments described in section 1111(b)(3) and inserting challenging State academic standards ; (6) by inserting after paragraph (20) (as so redesignated and transferred by paragraph (2)), the following: (21) Evidence-based (A) In general Except as provided in subparagraph (B), the term evidence-based , when used with respect to a State, local educational agency, or school activity, means an activity, strategy, or intervention that— (i) demonstrates a statistically significant effect on improving student outcomes or other relevant outcomes based on— (I) strong evidence from at least 1 well-designed and well-implemented experimental study; (II) moderate evidence from at least 1 well-designed and well-implemented quasi-experimental study; or (III) promising evidence from at least 1 well-designed and well-implemented correlational study with statistical controls for selection bias; or (ii) (I) demonstrates a rationale based on high-quality research findings or positive evaluation that such activity, strategy, or intervention is likely to improve student outcomes or other relevant outcomes; and (II) includes ongoing efforts to examine the effects of such activity, strategy, or intervention. (B) Definition for specific activities funded under this act When used with respect to interventions or improvement activities or strategies funded under section 1003, the term evidence-based means a State, local educational agency, or school activity, strategy, or intervention that meets the requirements of subclause (I), (II), or (III) of subparagraph (A)(i). (22) Expanded learning time The term expanded learning time means using a longer school day, week, or year schedule to significantly increase the total number of school hours, in order to include additional time for— (A) activities and instruction for enrichment as part of a well-rounded education; and (B) instructional and support staff to collaborate, plan, and engage in professional development (including professional development on family and community engagement) within and across grades and subjects. (23) Extended-year adjusted cohort graduation rate (A) In general The term extended-year adjusted cohort graduation rate means the fraction— (i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics under section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 ), adjusted by— (I) adding the students who joined that cohort, after the date of the determination of the original cohort; and (II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and (ii) the numerator of which— (I) consists of the sum of— (aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— (AA) one or more additional years beyond the fourth year of high school; or (BB) a summer session immediately following the additional year of high school; and (bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is— (AA) standards-based; (BB) aligned with the State requirements for the regular high school diploma; and (CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(1) ); and (II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. (B) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased. (C) Transferred out For purposes of this paragraph, the term transferred out has the meaning given the term in clauses (i), (ii), and (iii) of paragraph (25)(C). (D) Special rules (i) Schools starting after grade 9 For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 ). (ii) Very small schools A State educational agency may calculate the extended year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by— (I) averaging the extended-year adjusted cohort graduation rate of the school over a period of three years; or (II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section. ; (7) by inserting after paragraph (24) (as so redesignated by paragraph (2)) the following: (25) Four-year adjusted cohort graduation rate (A) In general The term four-year adjusted cohort graduation rate means the fraction— (i) the denominator of which consists of the number of students who form the original cohort of entering first-time students in grade 9 enrolled in the high school no later than the date by which student membership data is collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 ), adjusted by— (I) adding the students who joined that cohort, after the date of the determination of the original cohort; and (II) subtracting only those students who left that cohort, after the date of the determination of the original cohort, as described in subparagraph (B); and (ii) the numerator of which— (I) consists of the sum of— (aa) the number of students in the cohort, as adjusted under clause (i), who earned a regular high school diploma before, during, or at the conclusion of— (AA) the fourth year of high school; or (BB) a summer session immediately following the fourth year of high school; and (bb) all students with the most significant cognitive disabilities in the cohort, as adjusted under clause (i), assessed using the alternate assessment aligned to alternate academic achievement standards under section 1111(b)(2)(D) and awarded a State-defined alternate diploma that is— (AA) standards-based; (BB) aligned with the State requirements for the regular high school diploma; and (CC) obtained within the time period for which the State ensures the availability of a free appropriate public education under section 612(a)(1) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(1) ; and (II) shall not include any student awarded a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. (B) Cohort removal To remove a student from a cohort, a school or local educational agency shall require documentation, or obtain documentation from the State educational agency, to confirm that the student has transferred out, emigrated to another country, or transferred to a prison or juvenile facility, or is deceased. (C) Transferred out (i) In general For purposes of this paragraph, the term transferred out means that a student, as confirmed by the high school or local educational agency in accordance with clause (ii), has transferred to— (I) another school from which the student is expected to receive a regular high school diploma; or (II) another educational program from which the student is expected to receive a regular high school diploma or an alternate diploma that meets the requirements of subparagraph (A)(ii)(I)(bb). (ii) Confirmation requirements (I) Documentation required The confirmation of a student’s transfer to another school or educational program described in clause (i) requires documentation of such transfer from the receiving school or program in which the student enrolled. (II) Lack of confirmation A student who was enrolled in a high school, but for whom there is no confirmation of the student having transferred out, shall remain in the adjusted cohort. (iii) Programs not providing credit Except as provided in subparagraph (A)(ii)(I)(bb), a student who is retained in grade or who is enrolled in a program leading to a general equivalency diploma, or other alternative educational program that does not issue or provide credit toward the issuance of a regular high school diploma, shall not be considered transferred out and shall remain in the adjusted cohort. (D) Special rules (i) Schools starting after grade 9 For those high schools that start after grade 9, the original cohort shall be calculated for the earliest high school grade students attend no later than the date by which student membership data must be collected annually by State educational agencies for submission to the National Center for Education Statistics pursuant to section 153 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543 ). (ii) Very small schools A State educational agency may calculate the four-year adjusted cohort graduation rate described under this paragraph for a high school with an average enrollment over a 4-year period of less than 100 students for the purposes of section 1111(c)(4) by— (I) averaging the four-year adjusted cohort graduation rate of the school over a period of three years; or (II) establishing a minimum number of students that must be included in the cohort described in clause (i) of subparagraph (A) that will provide a valid graduation rate calculation as determined by the Secretary, below which the school shall be exempt from differentiation and identification under such section. ; (8) by inserting after paragraph (27) (as so redesignated by paragraph (2)) the following: (28) High school The term high school means a secondary school that— (A) grants a diploma, as defined by the State; and (B) includes, at least, grade 12. ; (9) in paragraph (30) (as so redesignated by paragraph (2)), in subparagraph (C)— (A) by striking the subparagraph designation and heading and inserting (C) Bureau of Indian Education Schools.— ; and (B) by striking Affairs both places the term appears and inserting Education ; (10) by inserting after paragraph (31) (as redesignated by paragraph (2)) the following: (32) Middle grades The term middle grades means any of grades 5 through 8. (33) Multi-tier system of supports The term multi-tier system of supports means a comprehensive continuum of evidence-based, systemic practices to support a rapid response to students’ needs, with regular observation to facilitate data-based instructional decisionmaking. ; (11) in paragraph (35) (as so redesignated by paragraph (2)), by striking pupil services and inserting specialized instructional support ; (12) by striking paragraph (36) (as so redesignated by paragraph (2)) and inserting the following: (36) Outlying area The term outlying area — (A) means American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands; (B) means the Republic of Palau, to the extent permitted under section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ; 117 Stat. 2751) and until an agreement for the extension of United States education assistance under the Compact of Free Association becomes effective for the Republic of Palau; and (C) for the purpose of any discretionary grant program under this Act, includes the Republic of the Marshall Islands and the Federated States of Micronesia, to the extent permitted under section 105(f)(1)(B)(viii) of the Compact of Free Association Amendments Act of 2003 ( Public Law 108–188 ; 117 Stat. 2751). ; (13) by inserting after paragraph (36) (as so redesignated by paragraph (2)), the following: (37) Paraprofessional The term paraprofessional , also known as a paraeducator , includes an education assistant and instructional assistant. ; (14) in paragraph (39) (as so redesignated by paragraph (2))— (A) in subparagraph (C), by inserting and after the semicolon; and (B) in subparagraph (D), by striking section 1118 and inserting section 1116 ; (15) by inserting after paragraph (39) (as so redesignated by paragraph (2)) the following: (40) Pay for success initiative The term pay for success initiative means a performance-based grant, contract, or cooperative agreement awarded by a public entity in which a commitment is made to pay for improved outcomes that result in social benefit and direct cost savings or cost avoidance to the public sector. Such an initiative shall include— (A) a feasibility study on the initiative describing how the proposed intervention is based on evidence of effectiveness; (B) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether the initiative has met its proposed outcomes; (C) an annual, publicly available report on the progress of the initiative; and (D) a requirement that payments are made to the recipient of a grant, contract, or cooperative agreement only when agreed upon outcomes are achieved, except that the entity may make payments to the third party conducting the evaluation described in subparagraph (B). ; (16) by striking paragraph (42) (as so redesignated by paragraph (2)) and inserting the following: (42) Professional development The term professional development means activities that— (A) are an integral part of school and local educational agency strategies for providing educators (including teachers, principals, other school leaders, specialized instructional support personnel, paraprofessionals, and, as applicable, early childhood educators) with the knowledge and skills necessary to enable students to succeed in a well-rounded education and to meet the challenging State academic standards; and (B) are sustained (not stand-alone, 1-day, or short term workshops), intensive, collaborative, job-embedded, data-driven, and classroom-focused, and may include activities that— (i) improve and increase teachers’— (I) knowledge of the academic subjects the teachers teach; (II) understanding of how students learn; and (III) ability to analyze student work and achievement from multiple sources, including how to adjust instructional strategies, assessments, and materials based on such analysis; (ii) are an integral part of broad schoolwide and districtwide educational improvement plans; (iii) allow personalized plans for each educator to address the educator's specific needs identified in observation or other feedback; (iv) improve classroom management skills; (v) support the recruitment, hiring, and training of effective teachers, including teachers who became certified through State and local alternative routes to certification; (vi) advance teacher understanding of— (I) effective instructional strategies that are evidence-based; and (II) strategies for improving student academic achievement or substantially increasing the knowledge and teaching skills of teachers; (vii) are aligned with, and directly related to, academic goals of the school or local educational agency; (viii) are developed with extensive participation of teachers, principals, other school leaders, parents, representatives of Indian tribes (as applicable), and administrators of schools to be served under this Act; (ix) are designed to give teachers of English learners, and other teachers and instructional staff, the knowledge and skills to provide instruction and appropriate language and academic support services to those children, including the appropriate use of curricula and assessments; (x) to the extent appropriate, provide training for teachers, principals, and other school leaders in the use of technology (including education about the harms of copyright piracy), so that technology and technology applications are effectively used in the classroom to improve teaching and learning in the curricula and academic subjects in which the teachers teach; (xi) as a whole, are regularly evaluated for their impact on increased teacher effectiveness and improved student academic achievement, with the findings of the evaluations used to improve the quality of professional development; (xii) are designed to give teachers of children with disabilities or children with developmental delays, and other teachers and instructional staff, the knowledge and skills to provide instruction and academic support services, to those children, including positive behavioral interventions and supports, multi-tier system of supports, and use of accommodations; (xiii) include instruction in the use of data and assessments to inform and instruct classroom practice; (xiv) include instruction in ways that teachers, principals, other school leaders, specialized instructional support personnel, and school administrators may work more effectively with parents and families; (xv) involve the forming of partnerships with institutions of higher education, including, as applicable, Tribal Colleges and Universities as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ), to establish school-based teacher, principal, and other school leader training programs that provide prospective teachers, novice teachers, principals, and other school leaders with an opportunity to work under the guidance of experienced teachers, principals, other school leaders, and faculty of such institutions; (xvi) create programs to enable paraprofessionals (assisting teachers employed by a local educational agency receiving assistance under part A of title I) to obtain the education necessary for those paraprofessionals to become certified and licensed teachers; (xvii) provide follow-up training to teachers who have participated in activities described in this paragraph that are designed to ensure that the knowledge and skills learned by the teachers are implemented in the classroom; and (xviii) where practicable, provide jointly for school staff and other early childhood education program providers, to address the transition to elementary school, including issues related to school readiness. ; (17) by inserting after paragraph (42) (as so redesignated by paragraph (2)) the following: (43) Regular high school diploma The term regular high school diploma — (A) means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, except that a regular high school diploma shall not be aligned to the alternate academic achievement standards described in section 1111(b)(1)(E); and (B) does not include a recognized equivalent of a diploma, such as a general equivalency diploma, certificate of completion, certificate of attendance, or similar lesser credential. (44) School leader The term school leader means a principal, assistant principal, or other individual who is— (A) an employee or officer of an elementary school or secondary school, local educational agency, or other entity operating an elementary school or secondary school; and (B) responsible for the daily instructional leadership and managerial operations in the elementary school or secondary school building. ; (18) by inserting after paragraph (46) (as so redesignated by paragraph (2)) the following: (47) Specialized instructional support personnel; specialized instructional support services (A) Specialized instructional support personnel The term specialized instructional support personnel means— (i) school counselors, school social workers, and school psychologists; and (ii) other qualified professional personnel, such as school nurses, speech language pathologists, and school librarians, involved in providing assessment, diagnosis, counseling, educational, therapeutic, and other necessary services (including related services as that term is defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 )) as part of a comprehensive program to meet student needs. (B) Specialized instructional support services The term specialized instructional support services means the services provided by specialized instructional support personnel. ; (19) by striking the undesignated paragraph between paragraph (47) (as inserted by paragraph (18)) and paragraph (49) (as so redesignated by paragraph (2)) and inserting the following: (48) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and each of the outlying areas. ; (20) by striking paragraph (50) (as so redesignated by paragraph (2)) and inserting the following: (50) Technology The term technology means modern information, computer and communication technology products, services, or tools, including, the Internet and other communications networks, computer devices and other computer and communications hardware, software applications, data systems, and other electronic content (including multimedia content) and data storage. ; and (21) by adding at the end the following: (51) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (52) Well-rounded education The term well-rounded education means courses, activities, and programming in subjects such as English, reading or language arts, writing, science, technology, engineering, mathematics, foreign languages, civics and government, economics, arts, history, geography, computer science, music, career and technical education, health, physical education, and any other subject, as determined by the State or local educational agency, with the purpose of providing all students access to an enriched curriculum and educational experience. . 8003. Applicability of title Section 8102, as redesignated by section 8001 of this Act, is further amended by striking Parts B, C, D, and E of this title do not apply to title VIII and inserting Parts B, C, D, E, and F of this title do not apply to title VII . 8004. Applicability to Bureau of Indian Education operated schools Section 8103, as redesignated by section 8001 of this Act, is amended— (1) in the section heading, by striking Bureau of Indian Affairs and inserting Bureau of Indian Education ; and (2) by striking Bureau of Indian Affairs each place the term appears and inserting Bureau of Indian Education . 8005. Consolidation of State administrative funds for elementary and secondary education programs Section 8201(b)(2), as redesignated by section 8001 of this Act, is amended— (1) in subparagraph (G), by striking and after the semicolon; (2) in subparagraph (H), by striking the period and inserting ; and ; and (3) by adding at the end the following: (I) implementation of fiscal support teams that provide technical fiscal support assistance, which shall include evaluating fiscal, administrative, and staffing functions, and any other key operational function. . 8006. Consolidation of funds for local administration Section 8203, as redesignated by section 8001 of this Act, is amended— (1) in subsection (b), by striking Within 1 year after the date of enactment of the No Child Left Behind Act of 2001, a State and inserting A State ; and (2) by striking subsection (d) and inserting the following: (d) Uses of administrative funds (1) In general 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 8201(b)(2). (2) Fiscal support teams A local educational agency that uses funds as described in section 8201(b)(2)(I) may contribute State or local funds to expand the reach of such support without violating any supplement, not supplant requirement of any program contributing administrative funds. . 8007. Consolidated set-aside for Department of the Interior funds Section 8204, as redesignated and amended by section 8001 of this Act, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking part A of title VII and inserting part A of title VI ; and (B) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) Contents The agreement shall— (i) set forth the plans of the Secretary of the Interior for the use of the amount transferred and the achievement measures to assess program effectiveness, including program objectives; and (ii) be developed in consultation with Indian tribes. ; and (2) by adding at the end the following: (c) Accountability system (1) For the purposes of part A of title I, the Secretary of Interior, in consultation with the Secretary, if the Secretary of the Interior requests the consultation, using a negotiated rulemaking process to develop regulations for implementation no later than the 2017-2018 academic year, shall define the standards, assessments, and accountability system consistent with section 1111, for the schools funded by the Bureau of Indian Education on a national, regional, or tribal basis, as appropriate, taking into account the unique circumstances and needs of such schools and the students served by such schools. (2) The tribal governing body or school board of a school funded by the Bureau of Indian Affairs may waive, in part or in whole, the requirements established pursuant to paragraph (1) where such requirements are determined by such body or school board to be inappropriate. If such requirements are waived, the tribal governing body or school board shall, within 60 days, submit to the Secretary of Interior a proposal for alternative standards, assessments, and an accountability system, if applicable, consistent with section 1111, that takes into account the unique circumstances and needs of such school or schools and the students served. The Secretary of the Interior and the Secretary shall approve such standards, assessments, and accountability system unless the Secretary determines that the standards, assessments, and accountability system do not meet the requirements of section 1111, taking into account the unique circumstances and needs of such school or schools and the students served. (3) Technical assistance The Secretary of Interior and the Secretary shall, either directly or through a contract, provide technical assistance, upon request, to a tribal governing body or school board of a school funded by the Bureau of Indian Affairs that seeks a waiver under paragraph (2). . 8008. Department staff Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by adding after section 8204 the following: 8205. Department staff The Secretary shall— (1) not later than 60 days after the date of enactment of the Every Student Succeeds Act , identify the number of Department full-time equivalent employees who worked on or administered each education program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, and publish such information on the Department’s website; (2) not later than 60 days after such date of enactment, identify the number of full-time equivalent employees who worked on or administered each program or project authorized under this Act, as such program or project was in effect on the day before such date of enactment, that has been eliminated or consolidated since such date of enactment; (3) not later than 1 year after such date of enactment, reduce the workforce of the Department by the number of full-time equivalent employees the Department identified under paragraph (2); and (4) not later than 1 year after such date of enactment, report to Congress on— (A) the number of full-time equivalent employees associated with each program or project authorized under this Act and 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 described in paragraph (2); (C) how the Secretary has reduced the number of full-time equivalent employees as described in paragraph (3); (D) the average salary of the full-time equivalent employees described in subparagraph (B) whose positions were eliminated; and (E) the average salary of the full-time equivalent employees who work on or administer a program or project authorized by the Department under this Act, disaggregated by employee function within each such program or project. . 8009. Optional consolidated State plans or applications Section 8302(b)(1), as redesignated by section 8001 of this Act, is amended by striking nonprofit . 8010. General applicability of State educational agency assurances Section 8304(a)(2), as redesignated by section 8001 of this Act, is amended by striking nonprofit and inserting eligible each place the term appears. 8011. Rural consolidated plan Section 8305, as redesignated and amended by section 8001 of this Act, is amended by adding at the end the following: (e) Rural consolidated plan (1) In General Two or more eligible local educational agencies, a consortium of eligible local educational service agencies, or an educational service agency on behalf of eligible local educational agencies may submit plans or applications for 1 or more covered programs to the State educational agency on a consolidated basis, if each eligible local educational agency impacted elects to participate in the joint application or elects to allow the educational service agency to apply on its behalf. (2) Eligible local educational agency For the purposes of this subsection, the term eligible local educational agency means a local educational agency that is an eligible local educational agency under part B of title V. . 8012. Other general assurances Section 8306(a), as redesignated and amended by section 8001 of this Act, is further amended— (1) in the matter preceding paragraph (1), by striking whether separately or pursuant to section 8305, ; and (2) in paragraph (2), by striking nonprofit each place it appears and inserting eligible . 8013. Waivers of statutory and regulatory requirements Section 8401, as redesignated by section 8001 of this Act, is amended— (1) by striking subsection (a) and inserting the following: (a) In general (1) Request for waiver by State or Indian tribe A State educational agency or Indian tribe that receives funds under a program authorized under this Act may submit a request to the Secretary to waive any statutory or regulatory requirement of this Act. (2) Local educational agency and school requests submitted through the State (A) Request for waiver by local educational agency A local educational agency that receives funds under a program authorized under this Act and desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the appropriate State educational agency. The State educational agency may then submit the request to the Secretary if the State educational agency determines the waiver appropriate. (B) Request for waiver by school An elementary school or secondary school that desires a waiver of any statutory or regulatory requirement of this Act shall submit a request containing the information described in subsection (b)(1) to the local educational agency serving the school. The local educational agency may then submit the request to the State educational agency in accordance with subparagraph (A) if the local educational agency determines the waiver appropriate. (3) Receipt of waiver Except as provided in subsection (b)(4) or (c), the Secretary may waive any statutory or regulatory requirement of this Act for which a waiver request is submitted to the Secretary pursuant to this subsection. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A)— (I) by striking , local educational agency, and inserting , acting on its own behalf or on behalf of a local educational agency in accordance with subsection (a)(2), ; and (II) by inserting , which shall include a plan after to the Secretary ; (ii) by redesignating subparagraph (E) as subparagraph (F); (iii) by striking subparagraphs (B), (C), and (D) and inserting the following: (B) describes which Federal statutory or regulatory requirements are to be waived; (C) describes how the waiving of such requirements will advance student academic achievement; (D) describes the methods the State educational agency, local educational agency, school, or Indian tribe will use to monitor and regularly evaluate the effectiveness of the implementation of the plan; (E) includes only information directly related to the waiver request; and ; and (iv) in subparagraph (F), as redesignated by clause (ii), by inserting and, if the waiver relates to provisions of subsections (b) or (h) of section 1111, describes how the State educational agency, local educational agency, school, or Indian tribe will maintain or improve transparency in reporting to parents and the public on student achievement and school performance, including the achievement of the subgroups of students identified in section 1111(b)(2)(B)(xi) after waivers are requested ; (B) in paragraph (2)(B)(i)(II), by striking (on behalf of, and based on the requests of, local educational agencies) and inserting (on behalf of those agencies or on behalf of, and based on the requests of, local educational agencies in the State) ; (C) in paragraph (3)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting or on behalf of local educational agencies in the State under subsection (a)(2), after acting on its own behalf, ; and (II) by striking clauses (i) through (iii) and inserting the following: (i) provide the public and any interested local educational agency in the State with notice and a reasonable opportunity to comment and provide input on the request, to the extent that the request impacts the local educational agency; (ii) submit the comments and input to the Secretary, with a description of how the State addressed the comments and input; and (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 provides similar notice and opportunity to comment to the public. ; and (ii) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: (i) the request shall be reviewed and approved by the State educational agency in accordance with subsection (a)(2) before being submitted to the Secretary and be accompanied by the comments, if any, of the State educational agency and the public; and (ii) notice and a reasonable opportunity to comment regarding the waiver request shall be provided to the State educational agency and the public by the agency requesting the waiver in the manner in which that agency customarily provides similar notice and opportunity to comment to the public. . (D) by adding at the end the following: (4) Waiver determination, demonstration, and revision (A) In general The Secretary shall issue a written determination regarding the initial approval or disapproval of a waiver request not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— (i) the waiver request does not meet the requirements of this section; (ii) the waiver is not permitted under subsection (c); (iii) the description required under paragraph (1)(C) in the plan provides insufficient information to demonstrate that the waiving of such requirements will advance student academic achievement consistent with the purposes of this Act; or (iv) the waiver request does not provide for adequate evaluation to ensure review and continuous improvement of the plan. (B) Waiver determination and revision Upon the initial determination of disapproval under subparagraph (A), the Secretary shall— (i) immediately— (I) notify the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe, as applicable, of such determination; and (II) provide detailed reasons for such determination in writing to the applicable entity under subclause (I) to the public, such as posting in a clear and easily accessible format to the Department’s website; (ii) offer the State educational agency, local educational agency (through the State educational agency), school (through the local educational agency), or Indian tribe an opportunity to revise and resubmit the waiver request by a date that is not more than 60 days after the date of such determination; and (iii) if the Secretary determines that the resubmission under clause (ii) does not meet the requirements of this section, at the request of the State educational agency, local educational agency, school, or Indian tribe, conduct a hearing not more than 30 days after the date of such resubmission. (C) Waiver disapproval The Secretary may ultimately disapprove a waiver request if— (i) the State educational agency, local educational agency, school, or Indian tribe has been notified and offered an opportunity to revise and resubmit the waiver request, as described under clauses (i) and (ii) of subparagraph (B); and (ii) the State educational agency, local educational agency (through the State educational agency), school (through the 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 determines that such waiver request does not meet the requirements of this section after a hearing conducted under subparagraph (B)(iii), if such a hearing is requested. (D) External conditions The Secretary shall not disapprove a waiver request under this section based on conditions outside the scope of the waiver request. ; (3) in subsection (c)— (A) in paragraph (1), by inserting , Indian tribes after local educational agencies ; (B) in paragraph (8), by striking subpart 1 of part B of title V and inserting part C of title IV ; and (C) by striking paragraph (9) and inserting the following: (9) the prohibitions— (A) in subpart 2 of part F; (B) regarding use of funds for religious worship or instruction in section 8505; and (C) regarding activities in section 8526; or ; (4) in subsection (d)— (A) in the subsection heading, by adding ; Limitations after Waiver ; (B) in paragraph (2), in the matter preceding subparagraph (A), by striking Secretary determines and inserting State demonstrates ; and (C) by adding at the end the following: (3) Specific limitations The Secretary shall not require a State educational agency, local educational agency, school, or Indian tribe, as a condition of approval of a waiver request, to— (A) include in, or delete from, such request, specific academic standards, such as the Common Core State Standards developed under the Common Core State Standards Initiative or any other standards common to a significant number of States; (B) use specific academic assessment instruments or items, including assessments aligned to the standards described in subparagraph (A); or (C) include in, or delete from, such waiver request any specific elements of— (i) State academic standards; (ii) academic assessments; (iii) State accountability systems; or (iv) teacher and school leader evaluation systems. ; (5) by striking subsection (e) and inserting the following: (e) Reports A State educational agency, local educational agency, school, or Indian tribe receiving a waiver under this section shall describe, as part of, and pursuant to, the required annual reporting under section 1111(h)— (1) the progress of schools covered under the provisions of such waiver toward improving student academic achievement; and (2) how the use of the waiver has contributed to such progress. ; and (6) in subsection (f), by striking if the Secretary determines and all that follows through the period at the end and inserting the following: if, after notice and an opportunity for a hearing, the Secretary— (A) presents a rationale and supporting information that clearly demonstrates that the waiver is not contributing to the progress of schools described in subsection (e)(1); or (B) determines that the waiver is no longer necessary to achieve its original purposes. . 8014. Approval and disapproval of State plans and local applications Title VIII, as amended and redesignated by section 8001 of this Act, is further amended by inserting after section 8401 the following: E Approval and disapproval of State plans and local applications 8451. Approval and disapproval of State plans (a) Approval A plan submitted by a State pursuant to section 2101(d), 4103(c), 4203, or 8302 shall be approved by the Secretary unless the Secretary makes a written determination (which shall include the supporting information and rationale supporting such determination), prior to the expiration of the 120-day period beginning on the date on which the Secretary received the plan, that the plan is not in compliance with section 2101(d), 4103(c), or 4203, or part C, respectively. (b) Disapproval process (1) In general The Secretary shall not finally disapprove a plan submitted under section 2101(d), 4103(c), 4203, or 8302, except after giving the State educational agency notice and an opportunity for a hearing. (2) Notifications If the Secretary finds that the plan is not in compliance, in whole or in part, with section 2101(d), 4103(c), or 4203, or part C, as applicable, the Secretary shall— (A) immediately notify the State of such determination; (B) provide a detailed description of the specific provisions of the plan that the Secretary determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; (C) offer the State an opportunity to revise and resubmit its plan within 45 days of such determination, including the chance for the State to present supporting information to clearly demonstrate that the State plan meets the requirements of such section or part, as applicable; (D) provide technical assistance, upon request of the State, in order to assist the State to meet the requirements of such section or part, as applicable; (E) conduct a hearing within 30 days of the plan's resubmission under subparagraph (C), unless a State declines the opportunity for such hearing; and (F) request additional information, only as to the noncompliant provisions, needed to make the plan compliant. (3) Response If the State educational agency responds to the Secretary's notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, and resubmits the plan as described in paragraph (2)(C), the Secretary shall approve such plan unless the Secretary determines the plan does not meet the requirements of section 2101(d), 4103(c), or 4203, or part C, as applicable. (4) Failure to respond If the State educational agency does not respond to the Secretary’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the State educational agency received the notification, such plan shall be deemed to be disapproved. (c) Limitation A plan submitted under section 2101(d), 4103(c), 4203, or 8302 shall not be approved or disapproved based upon the nature of the activities proposed within such plan if such proposed activities meet the applicable program requirements. (d) Peer-review requirements Notwithstanding any other requirements of this part, the Secretary shall ensure that any portion of a consolidated State plan that is related to part A of title I is subject to the peer-review process described in section 1111(a)(4). 8452. Approval and disapproval of local educational agency applications (a) Approval An application submitted by a local educational agency pursuant to section 2102(b), 4106, 4204(b) or 8305, shall be approved by the State educational agency unless the State educational agency makes a written determination (which shall include the supporting information and rationale for such determination), prior to the expiration of the 120-day period beginning on the date on which the State educational agency received the application, that the application is not in compliance with section 2102(b), 4106, or 4204(b), or part C, respectively. (b) Disapproval process (1) In general The State educational agency shall not finally disapprove an application submitted under section 2102(b), 4106, 4204(b) or 8305 except after giving the local educational agency notice and opportunity for a hearing. (2) Notifications If the State educational agency finds that the application submitted under section 2102(b), 4106, 4204(b) or 8305 is not in compliance, in whole or in part, with section 2102(b), 4106, or 4204(b), or part C, respectively, the State educational agency shall— (A) immediately notify the local educational agency of such determination; (B) provide a detailed description of the specific provisions of the application that the State determines fail to meet the requirements, in whole or in part, of such section or part, as applicable; (C) offer the local educational agency an opportunity to revise and resubmit its application within 45 days of such determination, including the chance for the local educational agency to present supporting information to clearly demonstrate that the application meets the requirements of such section or part; (D) provide technical assistance, upon request of the local educational agency, in order to assist the local educational agency to meet the requirements of such section or part, as applicable; (E) conduct a hearing within 30 days of the application's resubmission under subparagraph (C), unless a local educational agency declines the opportunity for such a hearing; and (F) request additional information, only as to the noncompliant provisions, needed to make the application compliant. (3) Response If the local educational agency responds to the State educational agency's notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, and resubmits the application as described in paragraph (2)(C), the State educational agency shall approve such application unless the State educational agency determines the application does not meet the requirements of this part. (4) Failure to respond If the local educational agency does not respond to the State educational agency’s notification described in paragraph (2)(A) prior to the expiration of the 45-day period beginning on the date on which the local educational agency received the notification, such application shall be deemed to be disapproved. . 8015. Participation by private school children and teachers Section 8501, as redesignated by section 8001 of this Act, is amended— (1) in subsection (a)— (A) by striking paragraph (3) and inserting the following: (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 comparison 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 equitable services are provided to private school children, teachers, and other educational personnel under this section, the State educational agency involved shall direct the ombudsman designated by the agency under section 1117 to monitor and enforce the requirements of this section. ; and (B) by striking paragraph (4) and inserting the following: (4) Expenditures (A) In general Expenditures for educational services and other benefits provided under this section for eligible private school children, their teachers, and other educational personnel serving those children shall be equal, taking into account the number and educational needs of the children to be served, to the expenditures for participating public school children. (B) Obligation of funds Funds allocated to a local educational agency for educational services and other benefits to eligible private school children shall be obligated in the fiscal year for which the funds are received by the agency. (C) Notice of allocation Each State educational agency shall provide notice in a timely manner to the appropriate private school officials in the State of the allocation of funds for educational services and other benefits under this subpart that the local educational agencies have determined are available for eligible private school children. . (2) in subsection (b)— (A) in paragraph (1), by striking subparagraphs (A) through (H) and inserting the following: (A) part C of title I; (B) part A of title II; (C) part A of title III; (D) part A of title IV; and (E) part B of title IV. ; and (B) by striking paragraph (3); and (3) in subsection (c)— (A) in the matter preceding subparagraph (A), by striking To ensure and all that follows through such as and inserting To ensure timely and meaningful consultation, a State educational agency, local educational agency, educational service agency, consortium of those agencies, or entity shall consult with appropriate private school officials. Such agency and private school officials shall both have the goal of reaching agreement on how to provide equitable and effective programs for eligible private school children, on issues such as ; (B) in paragraph (1)— (i) in subparagraph (E)— (I) by striking and the amount and inserting , the amount ; and (II) by striking services; and and inserting services, and how that amount is determined; ; (ii) in subparagraph (F)— (I) by striking contract after provision of ; and (II) by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (G) whether the agency, consortium, or entity shall provide services directly or through a separate government agency, consortium, or entity, or through a third-party contractor; and (H) whether to provide equitable services to eligible private school children— (i) by creating a pool or pools of funds with all of the funds allocated under subsection (a)(4)(C) based on all the children from low-income families in a participating school attendance area who attend private schools; or (ii) in the agency’s participating school attendance area who attend private schools with the proportion of funds allocated under subsection (a)(4)(C) based on the number of children from low-income families who attend private schools. ; and (4) by adding at the end the following: (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 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 to indicate such officials’ belief that timely and meaningful consultation has not occurred or that the program design is not equitable with respect to eligible private school children. If such officials 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 required under this section is with a local educational agency or educational service agency, a private school official shall have the right to file a complaint with the State educational agency that the consultation required under this section was not meaningful and timely, did not give due consideration to the views of the private school official, or did not make a decision that treats the private school or its students equitably as required by this section. (B) Procedure If the private school official wishes to file a complaint, the private school official shall provide the basis of the noncompliance and all parties shall provide the appropriate documentation to the appropriate officials. (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 the appropriate private school officials have— (i) requested that the State educational agency provide such services directly; and (ii) demonstrated that the local educational agency involved has not met the requirements of this section in accordance with the procedures for making such a request, as prescribed by the State educational agency. . 8016. Standards for by-pass Section 8502(a)(2), as redesignated and amended by section 8001 of this Act, is further amended by striking 9503, and 9504 and inserting 8503, and 8504 . 8017. Complaint process for participation of private school children Section 8503, as redesignated and amended by section 8001 of this Act, is further amended by striking subsections (a) and (b) and inserting the following: (a) Procedures for complaints The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other individuals and organizations concerning violations of section 8501 by a State educational 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 resolves the complaint or fails to resolve the complaint within the 45-day time limit. The appeal shall be accompanied by a copy of the State educational agency’s resolution, and, if there is one, a complete statement of the reasons supporting the appeal. The Secretary shall investigate and resolve the appeal not later than 90 days after receipt of the appeal. . 8018. By-pass determination process Section 8504(a)(1)(A), as redesignated by section 8001 of this Act, is amended by striking 9502 and inserting 8502 . 8019. Maintenance of effort Section 8521, as redesignated by section 8001 of this Act, is amended— (1) in subsection (a), by inserting , subject to the requirements of subsection (b) after for the second preceding fiscal year ; (2) in subsection (b)(1), by inserting before the period at the end the following: , if such local educational agency has also failed to meet such requirement (as determined using the measure most favorable to the local agency) for 1 or more of the 5 immediately preceding fiscal years ; and (3) in subsection (c)(1), by inserting or a change in the organizational structure of the local educational agency after , such as a natural disaster . 8020. Prohibition regarding state aid Section 8522, as redesignated by section 8001 of this Act, is amended by striking title VIII and inserting title VII . 8021. School prayer Section 8524(a), as redesignated by section 8001 of this Act, is amended by striking on the Internet and inserting by electronic means, including by posting the guidance on the Department’s website in a clear and easily accessible manner . 8022. Prohibited uses of funds Section 8526, as redesignated by section 8001 of this Act, is amended— (1) by striking the section heading and inserting Prohibited uses of funds ; (2) in subsection (a)— (A) by redesignating paragraphs (1) through (4) as paragraphs (3) through (6), respectively; and (B) by inserting before paragraph (3) (as redesignated by subparagraph (A)) the following: (1) for construction, renovation, or repair of any school facility, except as authorized under this Act; (2) for transportation unless otherwise authorized under this Act; ; (3) by striking (a) Prohibition.— None of the funds authorized under this Act shall be used and inserting No funds under this Act may be used ; and (4) by striking subsection (b). 8023. Prohibitions Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8526 the following: 8526A. Prohibition against Federal mandates, direction, or control (a) In general No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so. (b) Financial support No officer or employee of the Federal Government shall condition or incentivize the receipt of any grant, contract, or cooperative agreement, the receipt of any priority or preference under such grant, contract, or cooperative agreement, or the receipt of a waiver under section 8401 upon a State, local educational agency, or school's adoption or implementation of specific instructional content, academic standards and assessments, curricula, or program of instruction developed and implemented to meet the requirements of this Act (including any condition, priority, or preference to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards). . 8024. Prohibitions on Federal Government and use of Federal funds Section 8527, as redesignated by section 8001 of this Act, is amended to read as follows: 8527. 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, including through a grant, contract, or cooperative agreement, to mandate, direct, or control a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State or local resources, or mandate a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. (b) Prohibition on endorsement of curriculum Notwithstanding any other provision of Federal law, no funds provided to the Department under this Act may be used by the Department, whether through a grant, contract, or cooperative agreement, to endorse, approve, develop, require, or sanction any curriculum, including any curriculum aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States, designed to be used in an elementary school or secondary school. (c) Local control Nothing in this section shall be construed to— (1) authorize an officer or employee of the Federal Government, whether through a grant, contract, or cooperative agreement to mandate, direct, review, or control a State, local educational agency, or school's instructional content, curriculum, and related activities; (2) limit the application of the General Education Provisions Act ( 20 U.S.C. 1221 et seq. ); (3) require the distribution of scientifically or medically false or inaccurate materials or to prohibit the distribution of scientifically or medically true or accurate materials; or (4) create any legally enforceable right. (d) Prohibition on requiring Federal approval or certification of standards (1) In general Notwithstanding any other provision of Federal law, no State shall be required to have academic standards approved or certified by the Federal Government, in order to receive assistance under this Act. (2) Rule of construction Nothing in this Act shall be construed to prohibit a State, local educational agency, or school from using funds provided under this Act for the development or implementation of any instructional content, academic standards, academic assessments, curriculum, or program of instruction that a State, local educational agency, or school chooses, as permitted under State and local law, as long as the use of such funds is consistent with the terms of the grant, contract, or cooperative agreement providing such funds. (3) Building standards Nothing in this Act shall be construed to mandate national school building standards for a State, local educational agency, or school. . 8025. Armed forces recruiter access to students and student recruiting information Section 8528, as redesignated by section 8001 of this Act, is amended by striking subsections (a) through (d) and inserting the following: (a) Policy (1) Access to student recruiting information Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act ( 20 U.S.C. 1232g(a)(5)(B) ), 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, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student 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 listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such request, the local educational 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 process Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described 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 to institutions of higher education or to prospective employers of those students. (4) Rule of construction prohibiting opt-in processes Nothing in this subsection shall be construed to allow a local educational agency to withhold access to a student’s name, address, and telephone listing from a military recruiter or institution 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 student shall only be required of and accorded to the student. (b) Notification The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of the enactment of the Every Student Succeeds 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 objection is verifiable through the corporate or other organizational documents or materials of that school. . 8026. Prohibition on federally sponsored testing Section 8529, as redesignated by section 8001 of this Act, is amended to read as follows: 8529. 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, incentivize, pilot test, field test, implement, administer, or distribute any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law, including any assessment or testing materials aligned to the Common Core State Standards developed under the Common Core State Standards Initiative or any other academic standards common to a significant number of States. (b) Exceptions Subsection (a) shall not apply to international comparative assessments developed under the authority of section 153(a)(6) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543(a)(6) ) and administered to only a representative sample of pupils in the United States and in foreign nations. . 8027. Limitations on national testing or certification for teachers, principals, or other school leaders Section 8530, as redesignated by section 8001 of this Act, is amended— (1) in the section heading, by inserting , principals, or other school leaders after teachers ; (2) in the subsection heading, by inserting , principals, or other school leaders after teachers ; and (3) in subsection (a)— (A) by inserting , principals, other school leaders, after teachers ; and (B) by inserting , or incentive regarding, after administration of . 8028. Prohibition on requiring State participation Title VIII, as redesignated and amended by section 8001 of this Act, is further amended by inserting after section 8530 the following: 8530A. Prohibition on requiring State participation Any State that opts out of receiving funds, or that has not been awarded funds, under one or more programs under this Act shall not be required to carry out any of the requirements of such program or programs, and nothing in this Act shall be construed to require a State to participate in any program under this Act. . 8029. Civil rights Section 8534(b), as redesignated by section 8001 of this Act, is amended— (1) by striking as defined in section 1116 of title I and part B of title V and inserting as defined in section 1111(d) of title I and part C of title IV ; and (2) by striking grant under section 1116 of title I or part B of title V and inserting grant under section 1111(d) of title I or part C of title IV . 8030. Consultation with Indian tribes and tribal organizations Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8538. Consultation with Indian tribes and tribal organizations (a) In general To ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students, an affected local educational agency shall consult with appropriate officials from Indian tribes or tribal organizations approved by the tribes located in the area served by the local educational agency prior to the affected local educational agency’s submission of a required plan or application for a covered program under this Act or for a program under title VI of this Act. Such consultation shall be done in a manner and in such time that provides the opportunity for such appropriate officials from Indian tribes or tribal organizations to meaningfully and substantively contribute to such plan. (b) Documentation Each affected local educational agency shall maintain in the agency’s records and provide to the State educational agency a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected local educational agency shall forward documentation that such consultation has taken place to the State educational agency. (c) Definitions In this section: (1) Affected local educational agency The term affected local educational agency means a local educational agency— (A) with an enrollment of American Indian or Alaska Native students that is not less than 50 percent of the total enrollment of the local educational agency; or (B) that— (i) for fiscal year 2017, received a grant in the previous year under subpart 1 of part A of title VII (as such subpart was in effect on the day before the date of enactment of the Every Student Succeeds Act ) that exceeded $40,000; or (ii) for any fiscal year following fiscal year 2017, received a grant in the previous fiscal year under subpart 1 of part A of title VI that exceeded $40,000. (2) Appropriate officials The term appropriate officials means— (A) tribal officials who are elected; or (B) appointed tribal leaders or officials designated in writing by an Indian tribe for the specific consultation purpose under this section. (d) Rule of construction Nothing in this section shall be construed— (1) to require the local educational agency to determine who are the appropriate officials; or (2) to make the local educational agency liable for consultation with appropriate officials that the tribe determines not to be the correct appropriate officials. (e) Limitation Consultation required under this section shall not interfere with the timely submission of the plans or applications required under this Act. . 8031. Outreach and technical assistance for rural local educational agencies Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8539. Outreach and technical assistance for rural local educational agencies (a) Outreach The Secretary shall engage in outreach to rural local educational agencies regarding opportunities to apply for competitive grant programs under this Act. (b) Technical assistance If requested to do so, the Secretary shall provide technical assistance to rural local educational agencies with locale codes 32, 33, 41, 42, or 43, or an educational service agency representing rural local educational agencies with locale codes 32, 33, 41, 42, or 43 on applications or pre-applications for any competitive grant program under this Act. No rural local educational agency or educational service agency shall be required to request technical assistance or include any technical assistance provided by the Secretary in any application. . 8032. Consultation with the Governor Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8540. Consultation with the Governor (a) In general A State educational agency shall consult in a timely and meaningful manner with the Governor, or appropriate officials from the Governor’s office, in the development of State plans under titles I and II and section 8302. (b) Timing The consultation described in subsection (a) shall include meetings of officials from the State educational agency and the Governor’s office and shall occur— (1) during the development of such plan; and (2) prior to submission of the plan to the Secretary. (c) Joint signature authority A Governor shall have 30 days prior to the State educational agency submitting the State plan under title I or II or section 8302 to the Secretary to sign such plan. If the Governor has not signed the plan within 30 days of delivery by the State educational agency to the Governor, the State educational agency shall submit the plan to the Secretary without such signature. . 8033. Local governance Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8541. Local governance (a) Rule of construction Nothing in this Act shall be construed to allow the Secretary to— (1) exercise any governance or authority over school administration, including the development and expenditure of school budgets, unless otherwise authorized under this Act; (2) issue any regulation without first complying with the rulemaking requirements of section 553 of title 5, United States Code; or (3) issue any nonregulatory guidance without first, to the extent feasible, considering input from stakeholders. (b) Authority under other law Nothing in subsection (a) shall be construed to affect any authority the Secretary has under any other Federal law. . 8034. Rule of construction regarding travel to and from school Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8542. Rule of construction regarding travel to and from school (a) In General Subject to subsection (b), nothing in this Act shall authorize the Secretary to, or shall be construed to— (1) prohibit a child from traveling to and from school on foot or by car, bus, or bike when the parents of the child have given permission; or (2) expose parents to civil or criminal charges for allowing their child to responsibly and safely travel to and from school by a means the parents believe is age appropriate. (b) No preemption of State or local laws Notwithstanding subsection (a), nothing in this section shall be construed to preempt State or local laws. . 8035. Limitations on school-based health centers Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8543. Limitations on school-based health centers Notwithstanding section 8102, funds used for activities under this Act shall be carried out in accordance with the provision of section 399z–1(a)(3)(C) of the Public Health Service Act ( 42 U.S.C. 280h–5(a)(3)(C) ). . 8036. State control over standards Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8544. State control over standards (a) In General Nothing in this Act shall be construed to prohibit a State from withdrawing from the Common Core State Standards or from otherwise revising their 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 8401 or through any other authority, take any action against a State that exercises its rights under subsection (a). . 8037. Sense of Congress on protecting student privacy Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8545. Sense of Congress on protecting student privacy (a) Findings The Congress finds as follows: (1) Students’ personally identifiable information 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 notice to parents. (3) With the use of more technology, and more research about student learning, the responsibility to protect students’ personally identifiable information is more important than ever. (4) Regulations allowing more access to students’ personal information could allow that information 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 ensure 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. . 8038. Prohibition on aiding and abetting sexual abuse Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8546. Prohibition on aiding and abetting sexual abuse (a) In General A State, State educational agency, or local educational agency in the case of a local educational agency that receives Federal funds under this Act shall have laws, regulations, or policies that prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee, contractor, or agent in obtaining a new job, apart from the routine transmission of administrative and personnel files, if the individual or agency knows, or has probable cause to believe, that such school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law. (b) Exception The requirements of subsection (a) shall not apply if the information giving rise to probable cause— (1) (A) has been properly reported to a law enforcement agency with jurisdiction over the alleged misconduct; and (B) has been properly reported to any other authorities as required by Federal, State, or local law, including title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ) and the regulations implementing such title under part 106 of title 34, Code of Federal Regulations, or any succeeding regulations; and (2) (A) the matter has been officially closed or the prosecutor or police with jurisdiction over the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish probable cause that the school employee, contractor, or agent engaged in sexual misconduct regarding a minor or student in violation of the law; (B) the school employee, contractor, or agent has been charged with, and acquitted or otherwise exonerated of the alleged misconduct; or (C) the case or investigation remains open and there have been no charges filed against, or indictment of, the school employee, contractor, or agent within 4 years of the date on which the information was reported to a law enforcement agency. (c) Prohibition The Secretary shall not have the authority to mandate, direct, or control the specific measures adopted by a State, State educational agency, or local educational agency under this section. (d) Construction Nothing in this section shall be construed to prevent a State from adopting, or to override a State law, regulation, or policy that provides, greater or additional protections to prohibit any individual who is a school employee, contractor, or agent, or any State educational agency or local educational agency, from assisting a school employee who engaged in sexual misconduct regarding a minor or student in violation of the law in obtaining a new job. . 8039. Sense of Congress on restoration of state sovereignty over public education Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8547. Sense of Congress on restoration of State sovereignty over public education It is the Sense of Congress that State and local officials should be consulted and made aware of the requirements that accompany participation in activities authorized under this Act prior to a State or local educational agency’s request to participate in such activities. . 8040. Privacy Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8548. Privacy The Secretary shall require an assurance that each grantee receiving funds under this Act understands the importance of privacy protections for students and is aware of the responsibilities of the grantee under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly known as the Family Education Rights and Privacy Act of 1974 ). . 8041. Analysis and periodic review; sense of Congress; technical assistance Subpart 2 of part F of title VIII, as amended and redesignated by section 8001 of this Act, is further amended by adding at the end the following: 8549. Analysis and periodic review of departmental guidance The Secretary shall develop procedures for the approval and periodic review of significant guidance documents that include— (1) appropriate approval processes within the Department; (2) appropriate identification of the agency or office issuing the documents, the activities to which and the persons to whom the documents apply, and the date of issuance; (3) a publicly available list to identify those significant guidance documents that were issued, revised, or withdrawn within the past year; and (4) an opportunity for the public to request that an agency modify or rescind an existing significant guidance document. 8549A Sense of Congress (a) Findings The Congress finds as follows: (1) This Act prohibits the Federal Government from mandating, directing, or controlling a State, local educational agency, or school’s curriculum, program of instruction, or allocation of State and local resources, and from mandating a State or any subdivision thereof to spend any funds or incur any costs not paid for under this Act. (2) This Act prohibits the Federal Government from funding the development, pilot testing, field testing, implementation, administration, or distribution of any federally sponsored national test in reading, mathematics, or any other subject, unless specifically and explicitly authorized by law. (b) Sense of Congress It is the sense of the Congress that States and local educational agencies retain the rights and responsibilities of determining educational curriculum, programs of instruction, and assessments for elementary and secondary education. 8549B. Sense of Congress on early learning and child care It is the Sense of the Congress that a State retains the right to make decisions, free from Federal intrusion, concerning its system of early learning and child care, and whether or not to use funding under this Act to offer early childhood education programs. Such systems should continue to include robust choice for parents through a mixed delivery system of services so parents can determine the right early learning and child care option for their children. States, while protecting the rights of early learning and child care providers, retain the right to make decisions that shall include the age at which to set compulsory attendance in school, the content of a State’s early learning guidelines, and how to determine quality in programs. 8549C. Technical assistance If requested by a State or local educational agency, a regional educational laboratory under part D of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9561 et seq. ) shall provide technical assistance to such State or local educational agency in meeting the requirements of section 8101(21). . 8042. Evaluations Section 8601, as redesignated by section 8001 of this Act, is amended to read as follows: 8601. Evaluations (a) Reservation of funds Except as provided in subsection (b) and (e), the Secretary, in consultation with the Director of the Institute of Education Sciences, may reserve not more than 0.5 percent of the amount appropriated for each program authorized under this Act to carry out activities under this section. If the Secretary elects to make a reservation under this subsection, the reserved amounts— (1) shall first be used by the Secretary, acting through the Director of the Institute of Education Sciences, to— (A) conduct comprehensive, high-quality evaluations of the programs that— (i) are consistent with the evaluation plan under subsection (d); and (ii) primarily include impact evaluations that use experimental or quasi-experimental designs, where practicable and appropriate, and other rigorous methodologies that permit the strongest possible causal inferences; (B) conduct studies of the effectiveness of the programs and the administrative impact of the programs on schools and local educational agencies; and (C) widely disseminate evaluation findings under this section related to programs authorized under this Act— (i) in a timely fashion; (ii) in forms that are understandable, easily accessible, usable, and adaptable for use in the improvement of educational practice; (iii) through electronic transfer and other means, such as posting, as available, to the websites of State educational agencies, local educational agencies, the Institute of Education Sciences, or the Department, or in another relevant place; and (iv) in a manner that promotes the utilization of such findings; and (2) may be used by the Secretary, acting through the Director of the Institute of Education Sciences— (A) to evaluate the aggregate short- and long-term effects and cost efficiencies across— (i) Federal programs assisted or authorized under this Act; and (ii) related Federal early childhood education programs, preschool programs, elementary school programs, and secondary school programs, under any other Federal law; (B) to increase the usefulness of the evaluations conducted under this section by improving the quality, timeliness, efficiency, and use of information relating to performance to promote continuous improvement of programs assisted or authorized under this Act; and (C) to assist recipients of grants under such programs in collecting and analyzing data and other activities related to conducting high-quality evaluations under paragraph (1). (b) Title I The Secretary, acting through the Director of the Institute of Education Sciences, shall use funds authorized under section 1002(e) to carry out evaluation activities under this section related to title I, and shall not reserve any other money from such title for evaluation. (c) Consolidation Notwithstanding any other provision of this section or section 1002(e), the Secretary, in consultation with the Director of the Institute of Education Sciences— (1) may consolidate the funds reserved under subsections (a) and (b) for purposes of carrying out the activities under subsection (a)(1); and (2) shall not be required to evaluate under subsection (a)(1) each program authorized under this Act each year. (d) Evaluation plan The Director of the Institute of Education Sciences, shall, on a biennial basis, develop, submit to Congress, and make publicly available an evaluation plan, that— (1) describes the specific activities that will be carried out under subsection (a) for the 2-year period applicable to the plan, and the timelines of such activities; (2) contains the results of the activities carried out under subsection (a) for the most recent 2-year period; and (3) describes how programs authorized under this Act will be regularly evaluated. (e) Evaluation activities authorized elsewhere If, under any other provision of this Act, funds are authorized to be reserved or used for evaluation activities with respect to a program, the Secretary may not reserve additional funds under this section for the evaluation of that program. . IX Education for the Homeless and Other Laws A Homeless children and youths 9101. Statement of policy Section 721 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 ) is amended— (1) in paragraph (2), by striking In any State and all that follows through will review and inserting In any State where compulsory residency requirements or other requirements, in laws, regulations, practices, or policies, may act as a barrier to the identification of, or the enrollment, attendance, or success in school of, homeless children and youths, the State educational agency and local educational agencies in the State will review ; (2) in paragraph (3), by striking alone ; and (3) in paragraph (4), by striking challenging State student academic achievement standards and inserting challenging State academic standards . 9102. Grants for State and local activities Section 722 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11432 ) is amended— (1) by striking subsection (b) and inserting the following: (b) Grants from allotments The Secretary shall make the grants to States from the allotments made under subsection (c)(1). ; (2) in subsection (d)— (A) in paragraph (2)— (i) by striking To provide and all that follows through that enable and inserting To provide services and activities to improve the identification of homeless children and youths (including preschool-aged homeless children) and enable ; and (ii) by striking or, if and inserting including, if ; (B) in paragraph (3), by striking designate and all that follows and inserting designate in the State educational agency an Office of the Coordinator for Education of Homeless Children and Youths that can sufficiently carry out the duties described for the Office in this subtitle in accordance with subsection (f). ; and (C) by striking paragraph (5) and inserting the following: (5) To develop and implement professional development 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 (B) to heighten the awareness of the liaisons and personnel of, and their capacity to respond to, specific needs in the education of homeless children and youths. ; (3) in subsection (e)— (A) in paragraph (1), by inserting a State through grants under subsection (a) to after each year to ; (B) in paragraph (2), by striking funds made available for State use under this subtitle 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 inserting section 1111 ; (ii) in subparagraph (E)(ii)(II), by striking subsection (g)(6)(A)(v) and inserting subsection (g)(6)(A)(vi) ; and (iii) in subparagraph (F)— (I) in clause (i)— (aa) by striking and at the end of subclause (II); (bb) by striking the period at the end of subclause (III) and inserting ; and ; and (cc) by adding at the end the following: (IV) the progress the separate schools are making in helping all students meet the challenging State academic standards. ; and (II) in clause (iii), by striking Not later than 2 years after the date of enactment of the McKinney-Vento Homeless Education Assistance Improvements Act of 2001, the and inserting The ; (4) by striking subsection (f) and inserting the following: (f) Functions of the office of the Coordinator The Coordinator for Education of Homeless Children and Youths established in each State shall— (1) gather and make publicly available reliable, valid, and comprehensive information on— (A) the number of homeless children and youths identified in the State, which shall be 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 public elementary schools and secondary schools; (C) the difficulties in identifying the special needs and barriers to the participation and achievement of such children and youths; (D) any progress made by the State educational 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 described in subsection (g); (3) collect data for and transmit to the Secretary, at such time and in such manner as the Secretary may reasonably require, a report containing information necessary to assess the educational needs of homeless children and youths within the State, including data necessary for the Secretary to fulfill the responsibilities under section 724(h); (4) in order to improve the provision of comprehensive education and related services to homeless children and youths and their families, coordinate activities and collaborate with— (A) educators, including teachers, special education personnel, administrators, and child development and preschool program personnel; (B) providers of services to homeless children and youths and their families, including public and private child welfare and social services agencies, law enforcement agencies, juvenile and family courts, agencies providing mental health services, domestic violence agencies, child care providers, runaway and homeless youth centers, and providers of services 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 transitional housing facilities, and providers of transitional living programs for homeless youths; (D) local educational agency liaisons designated under subsection (g)(1)(J)(ii) for homeless children and youths; and (E) community organizations and groups representing homeless children and youths and their families; (5) provide technical assistance to and conduct monitoring of local educational agencies in coordination with local educational agency liaisons designated under subsection (g)(1)(J)(ii), to ensure that local educational agencies comply with the requirements of subsection (e)(3) and paragraphs (3) through (7) of subsection (g); (6) provide professional development opportunities for local educational agency personnel and the local educational agency liaison designated under subsection (g)(1)(J)(ii) to assist such personnel and liaison in identifying and meeting the needs of homeless children and youths, and provide training on the definitions of terms related to homelessness specified in sections 103, 401, and 725 to the liaison; and (7) respond to inquiries from parents and guardians of homeless children and youths, and (in the case of unaccompanied youths) such youths, to ensure that each child or youth who is the subject of such an inquiry receives the full protections and services provided by this subtitle. ; (5) by striking subsection (g) and inserting the following: (g) State plan (1) In general For any State desiring to receive a grant under this subtitle, the State educational agency shall submit to the Secretary a plan to provide for the education of homeless children and youths within the State. Such plan shall include the following: (A) A description of how such children and youths are (or will be) given the opportunity to meet the same challenging State academic standards as 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 designated under subparagraph (J)(ii), principals and other school leaders, attendance officers, teachers, enrollment personnel, and specialized instructional support personnel) to heighten the awareness of such school personnel of the specific needs of homeless children and youths, including such children and youths who are runaway and homeless youths. (E) A description of procedures that ensure 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 ensure that— (i) homeless children have access to public preschool programs, administered by the State educational agency or local educational agency, as provided to other children in the State; (ii) youths described in section 725(2) and youths separated from public schools are identified and accorded equal access to appropriate secondary education and support services, including by identifying and removing barriers that prevent youths described in this clause from receiving appropriate credit for full or partial coursework satisfactorily completed while attending a prior school, in accordance with State, local, and school policies; and (iii) homeless children and youths who meet the relevant eligibility criteria do not face barriers to accessing academic and extracurricular activities, including magnet school, summer school, career and technical education, advanced placement, online learning, and charter school programs, if such programs are available at the State and local levels. (G) Strategies to address problems identified in the report provided to the Secretary under subsection (f)(3). (H) Strategies to address other problems with respect to the education of homeless children and youths, including problems resulting from enrollment delays that are caused by— (i) requirements of immunization and other required health records; (ii) residency requirements; (iii) lack of birth certificates, school records, or other documentation; (iv) guardianship issues; or (v) uniform or dress code requirements. (I) A demonstration that the State educational agency and local educational agencies in the State have developed, and shall review and revise, policies to remove barriers to the identification of homeless children and youths, and the enrollment and retention of homeless children and youths in schools in the State, including barriers to enrollment and retention due to outstanding fees or fines, or absences. (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 stigmatized or segregated on the basis of their status as homeless. (ii) The local educational agencies will designate an appropriate staff person, able to carry out the duties described in paragraph (6)(A), who may also be a coordinator for other Federal programs, as a local educational agency liaison for homeless children and youths. (iii) The State and the local educational agencies in the State 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 unaccompanied youth, the liaison), to and from the school of origin (as determined under paragraph (3)), in accordance with the following, as applicable: (I) If the child or youth continues 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 living arrangements in the area served by the local educational agency of origin terminate and the child or youth, though continuing the child's or youth's education 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 responsibility and costs for providing the child or youth with transportation to and from the school of origin. If the local educational agencies are unable to agree upon such method, the responsibility and costs for transportation shall be shared equally. (iv) The State and the local educational agencies in the State will adopt policies and practices to ensure participation by liaisons described in clause (ii) in professional development and other technical assistance activities provided pursuant to paragraphs (5) and (6) of subsection (f), as determined appropriate by the Office of the Coordinator. (K) A description of how youths described in section 725(2) will receive assistance from counselors to advise such youths, and 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 requirements of paragraphs (3) through (7). (B) Coordination Such plan shall indicate 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 requirements (A) In general The local educational agency serving each child or youth to be assisted under this subtitle shall, according to the child's or youth's best interest— (i) continue the child's or youth's education in the school of origin for the duration of homelessness— (I) in any case in which a family becomes homeless between academic years or during an academic year; and (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 eligible 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's or youth’s best interest, except when doing so is contrary to the request of the child's or youth's parent or guardian, or (in the case of an unaccompanied youth) the youth; (ii) consider student-centered factors related to the child’s or youth’s best interest, including factors related to the impact of mobility on achievement, education, health, and safety of homeless children and youth, giving priority to the request of the child’s or youth’s parent or guardian or (in the case of an unaccompanied youth) the youth; (iii) if, after conducting the best interest determination based on consideration 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 or guardian, or (in the case of an unaccompanied youth) the youth, provide the child's or youth's parent or guardian or the unaccompanied youth with a written explanation of the reasons for its determination, in a manner and form understandable to such parent, guardian, or unaccompanied youth, including information regarding the right to appeal under subparagraph (E); and (iv) in the case of an unaccompanied youth, ensure that the local educational agency liaison designated under paragraph (1)(J)(ii) assists 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) Immediate enrollment (i) In general The school selected 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 period of homelessness. (ii) Relevant academic records The enrolling school shall immediately 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 immunizations or other required health records, the enrolling school shall immediately refer the parent or guardian of the child or youth, or (in the case of an unaccompanied youth) the youth, to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall assist in obtaining necessary immunizations or screenings, or immunization 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, regarding each homeless child or youth shall be maintained— (i) so that the records involved are available, in a timely fashion, when a child or youth enters a new school or school district; and (ii) in a manner consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (E) Enrollment disputes If a dispute arises over eligibility, or school selection or enrollment in a school— (i) the child or youth shall be immediately enrolled in the school in which enrollment is sought, pending final resolution of the dispute, including all available appeals; (ii) the parent or guardian of the child or youth or (in the case of an unaccompanied youth) the youth shall be provided with a written explanation of any decisions related to school selection or enrollment made by the school, the local educational agency, or the State educational agency involved, including the rights of the parent, guardian, or unaccompanied youth to appeal such decisions; (iii) the parent, guardian, or unaccompanied youth shall be referred to the local educational agency liaison designated under paragraph (1)(J)(ii), who shall carry out the dispute resolution process as described in paragraph (1)(C) as expeditiously 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 the school in which the youth seeks enrollment pending resolution of such dispute. (F) Placement choice The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless parents or has been temporarily placed elsewhere. (G) Privacy Information about a homeless child's or youth's living situation shall be treated as a student education record, and shall not be deemed to be directory information, under section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ). (H) Contact information Nothing in this subtitle shall prohibit a local educational agency from requiring a parent or guardian of a homeless child or youth to submit contact information. (I) School of origin defined In this paragraph: (i) In general 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, including a preschool. (ii) Receiving school When the child or youth completes the final grade level served by the school of origin, as described in clause (i), the term “school of origin” shall include the designated receiving school at the next grade level for all feeder schools. (4) Comparable services Each homeless child or youth to be assisted under this subtitle shall be provided services comparable to services offered to other students in the school selected under paragraph (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 Elementary 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 students. (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 agencies and other agencies or entities providing services to homeless children and youths and their families, including services and programs funded under the Runaway 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 applicable, each State educational agency and local educational agency that receives assistance under this subtitle shall coordinate with State and local housing agencies responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ) to minimize educational disruption for children and youths who become homeless. (C) Coordination purpose The coordination required under subparagraphs (A) and (B) shall be designed to— (i) ensure that all homeless children and youths are promptly identified; (ii) ensure that all homeless children and youths have access to, and are in reasonable proximity to, available education and related support services; and (iii) raise the awareness of school personnel and service providers of the effects of short-term stays in a shelter and other challenges associated with homelessness. (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 section 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 children with disabilities served by that local educational agency and other involved local educational agencies. (6) Local educational agency liaison (A) Duties Each local educational agency liaison for homeless children and youths, designated under paragraph (1)(J)(ii), shall ensure that— (i) homeless children and youths are identified by school personnel through outreach and coordination activities with other entities and agencies; (ii) homeless children and youths are enrolled in, and have a full and equal opportunity to succeed in, schools of that local educational agency; (iii) homeless families and homeless children and youths have access to and receive educational services for which such families, children, and youths are eligible, including services through Head Start programs (including Early Head Start programs) under the Head Start Act ( 42 U.S.C. 9831 et seq. ), early intervention services under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq. ), and other preschool programs administered by the local educational agency; (iv) homeless families and homeless children and youths receive referrals to health care services, dental services, mental health and substance abuse services, housing services, and other appropriate services; (v) the parents or guardians of homeless children and youths are informed of the educational and related opportunities available to their children and are provided with meaningful opportunities to participate 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, including schools, shelters, public libraries, and soup kitchens, in a manner and form understandable to the parents and guardians of homeless children and youths, and unaccompanied youths; (vii) enrollment disputes are mediated in accordance with paragraph (3)(E); (viii) the parent or guardian of a homeless child or youth, and any unaccompanied youth, is fully informed of all transportation services, including transportation to the school of origin, as described in paragraph (1)(J)(iii), and is assisted in accessing transportation to the school that is selected under paragraph (3)(A); (ix) school personnel providing services 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 challenging State academic standards as the State establishes for other children and youth, including through implementation of the procedures under paragraph (1)(F)(ii); and (III) are informed of their status as independent students under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ) and that the youths may obtain assistance from the local educational agency liaison to receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act ( 20 U.S.C. 1090 ). (B) Notice State Coordinators established under subsection (d)(3) and local educational agencies shall inform school personnel, service providers, advocates working with homeless families, parents and guardians of homeless children and youths, and homeless children and youths of the duties of the local educational agency liaisons, and publish an annually 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 duties, coordinate and collaborate with State Coordinators and community and school personnel responsible for the provision of education and related services to homeless children and youths. Such coordination shall include collecting 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). (D) Homeless status A local educational agency liaison designated under paragraph (1)(J)(ii) who receives training described in subsection (f)(6) may affirm, without further agency action by the Department of Housing and Urban Development, that a child or youth who is eligible for and participating in a program provided by the local educational agency, or the immediate family of such a child or youth, who meets the eligibility requirements of this Act for a program or service authorized under title IV, is eligible for such program or service. (7) Review and revisions (A) In general Each State educational agency and local educational agency that receives assistance under this subtitle shall review and revise any policies that may act as barriers to the identification of homeless children and youths or the enrollment of homeless children and youths in schools that are selected under paragraph (3). (B) Consideration In reviewing and revising such policies, consideration shall be given to issues concerning transportation, immunization, residency, birth certificates, school records and other documentation, and guardianship. (C) Special attention Special attention shall be given to ensuring the identification, enrollment, and attendance of homeless children and youths who are not currently attending school. ; and (6) by striking subsection (h). 9103. Local educational agency subgrants Section 723 of such Act ( 42 U.S.C. 11433 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking facilitating the enrollment, and inserting facilitating the identification, enrollment, ; (B) in paragraph (2)(B), in the matter preceding clause (i), by inserting the related before schools ; and (C) by adding at the end the following: (4) Duration of grants Subgrants made under this section shall be for terms of not to exceed 3 years. ; (2) in subsection (b), by adding at the end the following: (6) An assurance that the local educational agency will collect and promptly provide data requested by the State Coordinator pursuant to paragraphs (1) and (3) of section 722(f). (7) An assurance that the local educational agency will meet the requirements of section 722(g)(3). ; (3) in subsection (c)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking preschool, elementary, and secondary schools and inserting early childhood education and other preschool programs, elementary schools, and secondary schools, ; (ii) in subparagraph (A), by inserting identification, before enrollment, ; (iii) in subparagraph (B), by striking application— and all that follows and inserting application reflects coordination with other local and State agencies that serve homeless children and youths. ; and (iv) in subparagraph (C), by inserting (as of the date of submission of the application) after practice ; (B) in paragraph (3)— (i) in subparagraph (C), by inserting extent to which the applicant will promote meaningful after The ; (ii) in subparagraph (D), by striking within and inserting into ; (iii) by redesignating subparagraph (G) as subparagraph (I); (iv) by inserting after subparagraph (F) the following: (G) The extent to which the local educational agency will use the subgrant to leverage resources, including by maximizing nonsubgrant funding for the position of the liaison described in section 722(g)(1)(J)(ii) and the provision of transportation. (H) How the local educational agency will use funds to serve homeless children and youths under section 1113(c)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(c)(3) ). ; and (v) in subparagraph (I), as redesignated by clause (iii), by striking Such and inserting The extent to which the applicant's program meets such ; and (C) by striking paragraph (4); and (4) in subsection (d)— (A) in paragraph (1), by striking the same challenging State academic content standards and challenging State student academic achievement standards and inserting the same challenging State academic standards as ; (B) in paragraph (2)— (i) by striking students with limited English proficiency and inserting English learners ; and (ii) by striking vocational and inserting career ; (C) in paragraph (3), by striking pupil services and inserting specialized instructional support ; (D) in paragraph (7), by striking and unaccompanied youths, and inserting particularly 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)— (i) by striking parents and inserting parents and guardians ; and (ii) by inserting before the period at the end , and other activities designed to increase the meaningful involvement of parents and guardians of homeless children or youths in the education of such children or youths ; (G) in paragraph (12), by striking pupil services and inserting specialized instructional support services ; (H) in paragraph (13), by inserting before the period at the end and parental mental health or substance abuse problems ; and (I) in paragraph (16), by inserting before the period at the end and participate fully in school activities . 9104. Secretarial responsibilities Section 724 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434 ) is amended— (1) by striking subsection (c) and inserting the following: (c) Notice (1) In general The Secretary shall, before the next school year that begins after the date of enactment of the Every Student Succeeds 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 disseminate the notice nationwide to all Federal agencies, and grant recipients, serving homeless families or homeless children and youths. ; (2) by striking subsection (d) and inserting the following: (d) Evaluation, dissemination, and technical assistance The Secretary shall conduct evaluation, dissemination, and technical assistance activities for programs designed to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section 726 to conduct such activities. ; (3) in subsection (e)— (A) by striking 60-day and inserting 120-day ; and (B) 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, concerning areas in which documented barriers to a free appropriate public education persist. ; (5) by striking subsection (g) and inserting the following: (g) Guidelines The Secretary shall develop, issue, and publish in the Federal Register, not later than 60 days after the date of enactment of the Every Student Succeeds Act, guidelines concerning ways in which a State— (1) may assist local educational agencies to implement the provisions related to homeless children and youths amended by that Act; and (2) may review and revise State policies and procedures that may present barriers to the identification of homeless children and youths, and the enrollment, attendance, and success of homeless children and youths in school. ; (6) in subsection (h)(1)(A)— (A) by striking location and inserting primary nighttime residence ; and (B) 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 Every Student Succeeds Act . 9105. Definitions (a) Amendments Section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ) is amended— (1) in paragraph (2)(B)(i)— (A) by inserting or before are abandoned ; and (B) by striking or are awaiting foster care placement; ; (2) in paragraph (3), by striking 9101 and inserting 8101 ; and (3) in paragraph (6), by striking youth not and inserting homeless child or youth not . (b) Effective Date (1) In General In the case of a State that is not a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Covered State In the case of a covered State, the amendment made by subsection (a)(1) shall take effect on the date that is 2 years after the date of enactment of this Act. (c) Covered State For purposes of this section the term ‘‘covered State’’ means a State that has a statutory law that defines or describes the phrase ‘‘awaiting foster care placement’’, for purposes of a program under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ). 9106. Authorization of appropriations Section 726 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11435 ) is amended to read as follows: 726. Authorization of appropriations There are authorized to be appropriated to carry out this subtitle $85,000,000 for each of fiscal years 2017 through 2020. . 9107. Effective date Except as provided in section 9105(b) or as otherwise provided in this Act, this title and the amendments made by this title take effect on October 1, 2016. B Miscellaneous; other laws 9201. Findings and sense of Congress on sexual misconduct (a) Findings Congress finds the following: (1) There are significant anecdotal reports that some schools and local educational agencies have failed to properly report allegations of sexual misconduct by employees, contractors, or agents. (2) Instead of reporting alleged sexual misconduct to the appropriate authorities, such as the police or child welfare services, reports suggest that some schools or local educational agencies have kept information on allegations of sexual misconduct private or have entered into confidentiality agreements with the suspected employee, contractor, or agent who agrees to terminate employment with or discontinue work for the school or local educational agency. (3) The practice of withholding information on allegations of sexual misconduct can facilitate the exposure of other students in other jurisdictions to sexual misconduct. (b) Sense of Congress It is the sense of Congress that— (1) confidentiality agreements between local educational agencies or schools and child predators should be prohibited; (2) local educational agencies or schools should not facilitate the transfer of child predators to other local educational agencies or schools; and (3) States should require local educational agencies and schools to report any and all information regarding allegations of sexual misconduct to law enforcement and other appropriate authorities. 9202. Sense of Congress on First Amendment rights It is the sense of Congress that a student, teacher, school administrator, or other school employee of an elementary school or secondary school retains the individual's rights under the First Amendment to the Constitution of the United States during the school day or while on the grounds of an elementary school or secondary school. 9203. Preventing improper use of taxpayer funds To address the misuse of taxpayer funds, the Secretary of Education shall— (1) require that each recipient of a grant or subgrant under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) display, in a public place, the hotline contact information of the Office of Inspector General of the Department of Education so that any individual who observes, detects, or suspects improper use of taxpayer funds can easily report such improper use; (2) annually notify employees of the Department of Education of their responsibility to report fraud; and (3) require any applicant— (A) for a grant under such Act to provide an assurance to the Secretary that any information submitted when applying for such grant and responding to monitoring and compliance reviews is truthful and accurate; and (B) for a subgrant under such Act to provide the assurance described in subparagraph (A) to the entity awarding the subgrant. 9204. Accountability to taxpayers through monitoring and oversight To improve monitoring and oversight of taxpayer funds authorized for appropriation under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), and to deter and prohibit waste, fraud, and abuse with respect to such funds, the Secretary of Education shall— (1) notify each recipient of a grant under such Act (and, if applicable, require the grantee to inform each subgrantee) of its responsibility to— (A) comply with all monitoring requirements under the applicable program or programs; and (B) monitor properly any subgrantee under the applicable program or programs; (2) review and analyze the results of monitoring and compliance reviews— (A) to understand trends and identify common issues; and (B) to issue guidance to help grantees address such issues before the loss or misuse of taxpayer funding occurs; (3) publicly report the work undertaken by the Secretary to prevent fraud, waste, and abuse with respect to such taxpayer funds; and (4) work with the Office of Inspector General of the Department of Education, as needed, to help ensure that employees of the Department understand how to adequately monitor grantees and to help grantees adequately monitor any subgrantees. 9205. Report on Department actions to address Office of Inspector General reports (a) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, and the public through the website of the Department of Education, a report containing an update on the Department's implementation of recommendations contained in reports from the Office of Inspector General of the Department of Education. (b) Contents The report under subsection (a) shall include— (1) a general review of the work of the Department of Education to implement or address findings contained in reports from the Office of Inspector General of the Department of Education to improve monitoring and oversight of Federal programs, including— (A) the March 9, 2010, final management information report of the Office of Inspector General of the Department of Education addressing oversight by local educational agencies and authorized public chartering agencies; and (B) the September 2012 report of the Office of Inspector General of the Department of Education entitled The Office of Innovation and Improvement's Oversight and Monitoring of the Charter Schools Program's Planning and Implementation Grants Final Audit Report ; and (2) a description of the actions the Department of Education has taken to address the concerns described in reports of the Office of Inspector General of the Department of Education, including the reports described in paragraph (1). 9206. Posthumous pardon (a) Findings Congress finds the following: (1) John Arthur Jack Johnson was a flamboyant, defiant, and controversial figure in the history of the United States who challenged racial biases. (2) Jack Johnson was born in Galveston, Texas, in 1878 to parents who were former slaves. (3) Jack Johnson became a professional boxer and traveled throughout the United States, fighting White and African-American heavyweights. (4) After being denied (on purely racial grounds) the opportunity to fight 2 White champions, in 1908, Jack Johnson was granted an opportunity by an Australian promoter to fight the reigning White title-holder, Tommy Burns. (5) Jack Johnson defeated Tommy Burns to become the first African-American to hold the title of Heavyweight Champion of the World. (6) The victory by Jack Johnson over Tommy Burns prompted a search for a White boxer who could beat Jack Johnson, a recruitment effort that was dubbed the search for the great white hope . (7) In 1910, a White former champion named Jim Jeffries left retirement to fight Jack Johnson in Reno, Nevada. (8) Jim Jeffries lost to Jack Johnson in what was deemed the Battle of the Century . (9) The defeat of Jim Jeffries by Jack Johnson led to rioting, aggression against African-Americans, and the racially-motivated murder of African-Americans throughout the United States. (10) The relationships of Jack Johnson with White women compounded the resentment felt toward him by many Whites. (11) Between 1901 and 1910, 754 African-Americans were lynched, some simply for being too familiar with White women. (12) In 1910, Congress passed the Act of June 25, 1910 (commonly known as the White Slave Traffic Act or the Mann Act ) ( 18 U.S.C. 2421 et seq. ), which outlawed the transportation of women in interstate or foreign commerce for the purpose of prostitution or debauchery, or for any other immoral purpose . (13) In October 1912, Jack Johnson became involved with a White woman whose mother disapproved of their relationship and sought action from the Department of Justice, claiming that Jack Johnson had abducted her daughter. (14) Jack Johnson was arrested by Federal marshals on October 18, 1912, for transporting the woman across State lines for an immoral purpose in violation of the Mann Act. (15) The Mann Act charges against Jack Johnson were dropped when the woman refused to cooperate with Federal authorities, and then married Jack Johnson. (16) Federal authorities persisted and summoned a White woman named Belle Schreiber, who testified that Jack Johnson had transported her across State lines for the purpose of prostitution and debauchery . (17) In 1913, Jack Johnson was convicted of violating the Mann Act and sentenced to 1 year and 1 day in Federal prison. (18) Jack Johnson fled the United States to Canada and various European and South American countries. (19) Jack Johnson lost the Heavyweight Championship title to Jess Willard in Cuba in 1915. (20) Jack Johnson returned to the United States in July 1920, surrendered to authorities, and served nearly a year in the Federal penitentiary in Leavenworth, Kansas. (21) Jack Johnson subsequently fought in boxing matches, but never regained the Heavyweight Championship title. (22) Jack Johnson served the United States during World War II by encouraging citizens to buy war bonds and participating in exhibition boxing matches to promote the war bond cause. (23) Jack Johnson died in an automobile accident in 1946. (24) In 1954, Jack Johnson was inducted into the Boxing Hall of Fame. (25) Senate Concurrent Resolution 29, 111th Congress, agreed to July 29, 2009, expressed the sense of the 111th Congress that Jack Johnson should receive a posthumous pardon for his racially-motivated 1913 conviction. (b) Recommendations It remains the sense of Congress that Jack Johnson should receive a posthumous pardon— (1) to expunge a racially-motivated abuse of the prosecutorial authority of the Federal Government from the annals of criminal justice in the United States; and (2) in recognition of the athletic and cultural contributions of Jack Johnson to society. 9207. Education Flexibility Partnership Act of 1999 reauthorization (a) Definitions Section 3(1) of the Education Flexibility Partnership Act of 1999 ( 20 U.S.C. 5891a(1) ) is amended— (1) in the paragraph heading, by striking Local and inserting Educational service agency; local ; (2) by striking The terms and inserting The terms educational service agency , ; and (3) by striking section 9101 and inserting section 8101 . (b) General provisions Section 4 of the Education Flexibility Partnership Act of 1999 ( 20 U.S.C. 5891b ) is amended to read as follows: 4. Educational Flexibility Program (a) Educational flexibility program (1) Program authorized (A) In general The Secretary may carry out an educational flexibility program under which the Secretary authorizes a State educational agency that serves an eligible State to waive statutory or regulatory requirements applicable to one or more programs described in subsection (b), other than requirements described in subsection (c), for any local educational agency, educational service agency, or school within the State. (B) Designation Each eligible State participating in the program described in subparagraph (A) shall be known as an Ed-Flex Partnership State . (2) Eligible State For the purpose of this section, the term eligible State means a State that— (A) has— (i) developed and implemented the challenging State academic standards, and aligned assessments, described in paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965, and is producing the report cards required by section 1111(h) of such Act; or (ii) if the State has adopted new challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, as a result of the amendments made to such Act by the Every Student Succeeds Act , made substantial progress (as determined by the Secretary) toward developing and implementing such standards and toward producing the report cards required under section 1111(h) of such Act; (B) will hold local educational agencies, educational service agencies, and schools accountable for meeting the educational goals described in the local applications submitted under paragraph (4) and for engaging in technical assistance and, as applicable and appropriate, implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965; and (C) waives State statutory or regulatory requirements relating to education while holding local educational agencies, educational service agencies, or schools within the State that are affected by such waivers accountable for the performance of the students who are affected by such waivers. (3) State application (A) In general Each State educational agency desiring to participate in the educational flexibility program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Each such application shall demonstrate that the eligible State has adopted an educational flexibility plan for the State that includes— (i) a description of the process the State educational agency will use to evaluate applications from local educational agencies, educational service agencies, or schools requesting waivers of— (I) Federal statutory or regulatory requirements as described in paragraph (1)(A); and (II) State statutory or regulatory requirements relating to education; (ii) a detailed description of the State statutory and regulatory requirements relating to education that the State educational agency will waive; (iii) a description of clear educational objectives the State intends to meet under the educational flexibility plan, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; (iv) a description of how the educational flexibility plan is coordinated with activities described in subsections (b), (c), and (d) of section 1111 of the Elementary and Secondary Education Act of 1965; (v) a description of how the State educational agency will evaluate (consistent with the requirements of title I of the Elementary and Secondary Education Act of 1965) the performance of students in the schools, educational service agencies, and local educational agencies affected by the waivers; and (vi) a description of how the State educational agency will meet the requirements of paragraph (7). (B) Approval and considerations (i) In general By not later than 90 days after the date on which a State has submitted an application described in subparagraph (A), the Secretary shall issue a written decision that explains why such application has been approved or disapproved, and the process for revising and resubmitting the application for reconsideration. (ii) Approval The Secretary may approve an application described in subparagraph (A) only if the Secretary determines that such application demonstrates substantial promise of assisting the State educational agency and affected local educational agencies, educational service agencies, and schools within the State in carrying out comprehensive educational reform, after considering— (I) the eligibility of the State as described in paragraph (2); (II) the comprehensiveness and quality of the educational flexibility plan described in subparagraph (A); (III) the ability of the educational flexibility plan to ensure accountability for the activities and goals described in such plan; (IV) the degree to which the State's objectives described in subparagraph (A)(iii)— (aa) are clear and have the ability to be assessed; and (bb) take into account the performance of local educational agencies, educational service agencies, or schools, and students, particularly those affected by waivers; (V) the significance of the State statutory or regulatory requirements relating to education that will be waived; and (VI) the quality of the State educational agency's process for approving applications for waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) and for monitoring and evaluating the results of such waivers. (4) Local application (A) In general Each local educational agency, educational service agency, or school requesting a waiver of a Federal statutory or regulatory requirement as described in paragraph (1)(A) and any relevant State statutory or regulatory requirement from a State educational agency shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. Each such application shall— (i) indicate each Federal program affected and each statutory or regulatory requirement that will be waived; (ii) describe the purposes and overall expected results of waiving each such requirement, which may include innovative methods to leverage resources to improve program efficiencies that benefit students; (iii) describe, for each school year, specific, measurable, educational goals for each local educational agency, educational service agency, or school affected by the proposed waiver, and for the students served by the local educational agency, educational service agency, or school who are affected by the waiver; (iv) explain why the waiver will assist the local educational agency, educational service agency, or school in reaching such goals; and (v) in the case of an application from a local educational agency or educational service agency, describe how the agency will meet the requirements of paragraph (7). (B) Evaluation of applications A State educational agency shall evaluate an application submitted under subparagraph (A) in accordance with the State's educational flexibility plan described in paragraph (3)(A). (C) Approval A State educational agency shall not approve an application for a waiver under this paragraph unless— (i) the local educational agency, educational service agency, or school requesting such waiver has developed a local reform plan that— (I) is applicable to such agency or school, respectively; and (II) may include innovative methods to leverage resources to improve program efficiencies that benefit students; (ii) the waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) will assist the local educational agency, educational service agency, or school in reaching its educational goals, particularly goals with respect to school and student performance; and (iii) the State educational agency is satisfied that the underlying purposes of the statutory requirements of each program for which a waiver is granted will continue to be met. (D) Termination The State educational agency shall annually review the performance of any local educational agency, educational service agency, or school granted a waiver of Federal statutory or regulatory requirements as described in paragraph (1)(A) in accordance with the evaluation requirement described in paragraph (3)(A)(v), and shall terminate or temporarily suspend any waiver granted to the local educational agency, educational service agency, or school if the State educational agency determines, after notice and an opportunity for a hearing, that— (i) there is compelling evidence of systematic waste, fraud, or abuse; (ii) the performance of the local educational agency, educational service agency, or school with respect to meeting the accountability requirement described in paragraph (2)(C) and the goals described in subparagraph (A)(iii) has been inadequate to justify continuation of such waiver; (iii) student achievement in the local educational agency, educational service agency, or school has decreased; or (iv) substantial progress has not been made toward meeting the long-term goals and measurements of interim progress established by the State under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965. (5) Oversight and reporting (A) Oversight Each State educational agency participating in the educational flexibility program under this section shall annually monitor the activities of local educational agencies, educational service agencies, and schools receiving waivers under this section. (B) State reports (i) Annual reports The State educational agency shall submit to the Secretary an annual report on the results of such oversight and the impact of the waivers on school and student performance. (ii) Performance data Not later than 2 years after the date a State is designated an Ed-Flex Partnership State, each such State shall include, as part of the State's annual report submitted under clause (i), data demonstrating the degree to which progress has been made toward meeting the State's educational objectives. The data, when applicable, shall include— (I) information on the total number of waivers granted for Federal and State statutory and regulatory requirements under this section, including the number of waivers granted for each type of waiver; (II) information describing the effect of the waivers on the implementation of State and local educational reforms pertaining to school and student performance; (III) information describing the relationship of the waivers to the performance of schools and students affected by the waivers; and (IV) an assurance from State program managers that the data reported under this section are reliable, complete, and accurate, as defined by the State, or a description of a plan for improving the reliability, completeness, and accuracy of such data as defined by the State. (C) Secretary's reports The Secretary shall annually— (i) make each State report submitted under subparagraph (B) available to Congress and the public; and (ii) submit to Congress a report that summarizes the State reports and describes the effects that the educational flexibility program under this section had on the implementation of State and local educational reforms and on the performance of students affected by the waivers. (6) Duration of Federal waivers (A) In general (i) Duration The Secretary shall approve the application of a State educational agency under paragraph (3) for a period of not more than 5 years. (ii) Automatic extension during review The Secretary shall automatically extend the authority of a State to continue as an Ed-Flex Partnership State until the Secretary has— (I) completed the performance review of the State educational agency’s educational flexibility plan as described in subparagraph (B); and (II) issued a final decision on any pending request for renewal that was submitted by the State educational agency. (iii) Extension of approval The Secretary may extend the authority of a State to continue as an Ed-Flex Partnership State if the Secretary determines that the authority of the State educational agency to grant waivers— (I) has been effective in enabling such State or affected local educational agencies, educational service agencies, or schools to carry out their State or local reform plans and to continue to meet the accountability requirement described in paragraph (2)(C); and (II) has improved student performance. (B) Performance review (i) In general Following the expiration of an approved educational flexibility program for a State that is designated an Ed-Flex Partnership State, the Secretary shall have not more than 180 days to complete a review of the performance of the State educational agency in granting waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) to determine if the State educational agency— (I) has achieved, or is making substantial progress towards achieving, the objectives described in the application submitted pursuant to paragraph (3)(A)(iii) and the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; and (II) demonstrates that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have achieved, or are making progress toward achieving, the desired goals described in the application submitted pursuant to paragraph (4)(A)(iii). (ii) Termination of authority The Secretary shall terminate the authority of a State educational agency to grant waivers of Federal statutory or regulatory requirements as described in paragraph (1)(A) if the Secretary determines, after providing the State educational agency with notice and an opportunity for a hearing, that such agency’s performance has been inadequate to justify continuation of such authority based on such agency’s performance against the specific long-term goals and measurements of interim progress established under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965. (C) Renewal (i) In general Each State educational agency desiring to renew an approved educational flexibility program under this section shall submit a request for renewal to the Secretary not later than the date of expiration of the approved educational flexibility program. (ii) Timing for renewal The Secretary shall either approve or deny the request for renewal by not later than 90 days after completing the performance review of the State described in subparagraph (B). (iii) Determination In deciding whether to extend a request of a State educational agency for the authority to issue waivers under this section, the Secretary shall review the progress of the State educational agency to determine if the State educational agency— (I) has made progress toward achieving the objectives described in the State application submitted pursuant to paragraph (3)(A)(iii); and (II) demonstrates in the request that local educational agencies, educational service agencies, or schools affected by the waiver authority or waivers have made progress toward achieving the desired goals described in the local application submitted pursuant to paragraph (4)(A)(iii). (D) Termination (i) In general The Secretary shall terminate or temporarily suspend the authority of a State educational agency to grant waivers under this section if the Secretary determines that— (I) there is compelling evidence of systematic waste, fraud or abuse; or (II) after notice and an opportunity for a hearing, such agency's performance (including performance with respect to meeting the objectives described in paragraph (3)(A)(iii)) has been inadequate to justify continuation of such authority. (ii) Limited compliance period A State whose authority to grant such waivers has been terminated shall have not more than 1 additional fiscal year to come into compliance in order to seek renewal of the authority to grant waivers under this section. (7) Public notice and comment Each State educational agency seeking waiver authority under this section and each local educational agency, educational service agency, or school seeking a waiver under this section— (A) shall provide the public with adequate and efficient notice of the proposed waiver authority or waiver, consisting of a description of the agency's application for the proposed waiver authority or waiver on each agency’s website, including a description of any improved student performance that is expected to result from the waiver authority or waiver; (B) shall provide the opportunity for parents, educators, school administrators, and all other interested members of the community to comment regarding the proposed waiver authority or waiver; (C) shall provide the opportunity described in subparagraph (B) in accordance with any applicable State law specifying how the comments may be received, and how the comments may be reviewed by any member of the public; and (D) shall submit the comments received with the application of the agency or school to the Secretary or the State educational agency, as appropriate. (b) Included programs The statutory or regulatory requirements referred to in subsection (a)(1)(A) are any such requirements for programs that are authorized under the following provisions and under which the Secretary provides funds to State educational agencies on the basis of a formula: (1) The following provisions of the Elementary and Secondary Education Act of 1965: (A) Part A of title I (other than section 1111). (B) Part C of title I. (C) Part D of title I. (D) Part A of title II. (E) Part A of title IV. (2) The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ). (c) Waivers not authorized The Secretary and the State educational agency may not waive under subsection (a)(1)(A) any statutory or regulatory requirement— (1) relating to— (A) maintenance of effort; (B) comparability of services; (C) equitable participation of students and professional staff in private schools; (D) parental participation and involvement; (E) distribution of funds to States or to local educational agencies; (F) serving eligible school attendance areas in rank order in accordance with section 1113(a)(3) of the Elementary and Secondary Education Act of 1965; (G) the selection of a school attendance area or school under subsections (a) and (b) of section 1113 of the Elementary and Secondary Education Act of 1965, except that a State educational agency may grant a waiver to allow a school attendance area or school to participate in activities under part A of title I of such Act if the percentage of children from low-income families in the school attendance area of such school or who attend such school is not less than 10 percentage points below the lowest percentage of such children for any school attendance area or school of the local educational agency that meets the requirements of such subsections; (H) use of Federal funds to supplement, not supplant, non-Federal funds; and (I) applicable civil rights requirements; and (2) unless the State educational agency can demonstrate that the underlying purposes of the statutory requirements of the program for which a waiver is granted continue to be met to the satisfaction of the Secretary. (d) Treatment of existing ed-flex partnership States (1) In general Any designation of a State as an Ed-Flex Partnership State that was in effect on the date of enactment of the Every Student Succeeds Act shall be immediately extended for a period of not more than 5 years, if the Secretary makes the determination described in paragraph (2). (2) Determination The determination referred to in paragraph (1) is a determination that the performance of the State educational agency, in carrying out the programs for which the State has received a waiver under the educational flexibility program, justifies the extension of the designation. (e) Publication A notice of the Secretary's decision to authorize State educational agencies to issue waivers under this section, including a description of the rationale the Secretary used to approve applications under subsection (a)(3)(B), shall be published in the Federal Register and the Secretary shall provide for the dissemination of such notice to State educational agencies, interested parties (including educators, parents, students, and advocacy and civil rights organizations), and the public. . 9208. Report on the reduction of the number and percentage of students who drop out of school Not later than 5 years after the date of enactment of this Act, the Director of the Institute of Education Sciences shall evaluate the impact of section 1111(g)(1)(D) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(D) ) on reducing the number and percentage of students who drop out of school. 9209. Report on subgroup sample size (a) Report Not later than 90 days after the date of enactment of this Act, the Director of the Institute of Education Sciences shall publish a report on— (1) best practices for determining valid, reliable, and statistically significant minimum numbers of students for each of the subgroups of students, as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(2) ), as amended by this Act, for the purposes of inclusion as subgroups of students in an accountability system described in section 1111(c) of such Act ( 20 U.S.C. 6311(c) ), as amended by this Act; and (2) how such minimum number that is determined will not reveal personally identifiable information about students. (b) Public dissemination The Director of the Institute of Education Sciences shall work with the Department of Education’s technical assistance providers and dissemination networks to ensure that such report is widely disseminated— (1) to the public, State educational agencies, local educational agencies, and schools; and (2) through electronic transfer and other means, such as posting the report on the website of the Institute of Education Sciences or in another relevant place. (c) Prohibition against recommendation In carrying out this section, the Director of the Institute of Education Sciences shall not recommend any specific minimum number of students for each of the subgroups of students, as defined in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(2) ), as amended by this Act. 9210. Report on student home access to digital learning resources (a) In general Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the educational impact of access to digital learning resources outside of the classroom. (b) Contents The study described in subsection (a) shall include— (1) an analysis of student habits related to digital learning resources outside of the classroom, including the location and types of devices and technologies that students use for educational purposes; (2) an identification of the barriers students face in accessing digital learning resources outside of the classroom; (3) a description of the challenges students who lack home Internet access face, including challenges related to— (A) student participation and engagement in the classroom; and (B) homework completion; (4) an analysis of how the barriers and challenges such students face impact the instructional practice of educators; and (5) a description of the ways in which State educational agencies, local educational agencies, schools, and other entities, including partnerships of such entities, have developed effective means to address the barriers and challenges students face in accessing digital learning resources outside of the classroom. (c) Public dissemination The Director of the Institute of Education Sciences shall widely disseminate the findings of the study described in subsection (a)— (1) in a timely fashion to the public and the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (2) through electronic transfer and other means, such as posting, as available, to the website of the Institute of Education Sciences or the Department of Education. 9211. Study on the title I formula (a) Findings Congress finds the following: (1) Part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) provides funding to local educational agencies through four separate formulas that have been added to the law over time, and which have distinct allocation patterns, providing varying shares of allocated funds to different types of local educational agencies or States, according to a 2015 report from the Congressional Research Service. (2) Minimal effort has been made by the Federal Government to determine if the four formulas are adequately delivering funds to local educational agencies with the highest districtwide poverty averages. (3) The formulas for distributing Targeted Grants and Education Finance Incentive grants use two weighting systems, one based on the percentage of children included in the determination of grants to local educational agencies (percentage weighting), and another based on the absolute number of such children (number weighting). Both weighting systems have five quintiles with a roughly equal number of children in each quintile. Whichever of these weighting systems results in the highest total weighted formula child count for a local educational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incentive Grant funds. (4) The Congressional Research Service has also said the number weighting alternative is generally more favorable to large local educational agencies with much larger geographic boundaries and larger counts of eligible children than smaller local educational agencies with smaller counts, but potentially higher percentages, of eligible children, because large local educational agencies have many more children in the higher weighted quintiles. (5) In local educational agencies that are classified by the National Center for Education Statistics as Large City , 47 percent of all students attend schools with 75 percent or higher poverty. (b) Study (1) In general Not later than 18 months after the date of enactment of this Act, the Director of the Institute of Education Sciences shall complete a study on the effectiveness of the four part A of title I formulas, described in subsection (a), to deliver funds to the most economically disadvantaged communities. (2) Contents The study described in paragraph (1) shall include— (A) an analysis of the distribution of part A of title I funds under the four formulas; (B) an analysis of how part A of title I funds are distributed among local educational agencies in each of the 12 locale types classified by the National Center on Education Statistics. (C) the extent to which the four formulas unduly benefit or unduly disadvantage any of the local educational agencies described in subparagraph (B); (D) the extent to which the four formulas unduly benefit or unduly disadvantage high-poverty eligible school attendance areas in the local educational agencies described in subparagraph (B); (E) the extent to which the four formulas unduly benefit or unduly disadvantage lower population local educational agencies with relatively high percentages of districtwide poverty; (F) the impact of number weighting and percentage weighting in the formulas for distributing Targeted Grants and Education Finance Incentive Grants on each of the local educational agencies described in subparagraph (B); (G) the impact of number weighting and percentage weighting on targeting part A of title I funds to eligible school attendance areas with the highest concentrations of poverty in local educational agencies described in subparagraph (B), and local educational agencies described in subparagraph (B) with higher percentages of districtwide poverty; (H) an analysis of other studies and reports produced by public and non-public entities examining the distribution of part A of title I funds under the four formulas; and (I) recommendations, as appropriate, for amending or consolidating the formulas to better target part A of title I funds to the most economically disadvantaged communities and most economically disadvantaged eligible school attendance areas. (3) Public dissemination The Director of the Institute of Education Sciences shall widely disseminate the findings of the study conducted under this section— (A) in a timely fashion; (B) to— (i) the public; and (ii) the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and (C) through electronic transfer and other means, such as posting to the website of the Institute of Education Sciences or the Department of Education. 9212. Preschool development grants (a) Purposes The purposes of this section are— (1) to assist States to develop, update, or implement a strategic plan that facilitates collaboration and coordination among existing programs of early childhood care and education in a mixed delivery system across the State designed to prepare low-income and disadvantaged children to enter kindergarten and to improve transitions from such system into the local educational agency or elementary school that enrolls such children, by— (A) more efficiently using existing Federal, State, local, and non-governmental resources to align and strengthen the delivery of existing programs; (B) coordinating the delivery models and funding streams existing in the State's mixed delivery system; and (C) developing recommendations to better use existing resources in order to improve— (i) the overall participation of children in a mixed delivery system of Federal, State, and local early childhood education programs; (ii) program quality while maintaining availability of services; (iii) parental choice among existing programs; and (iv) school readiness for children from low-income and disadvantaged families, including during such children's transition into elementary school; (2) to encourage partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, private entities (including faith- and community-based entities), and local educational agencies, to improve coordination, program quality, and delivery of services; and (3) to maximize parental choice among a mixed delivery system of early childhood education program providers. (b) Definitions In this section: (1) ESEA definitions The terms elementary school , local educational agency , and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (2) Center of Excellence in Early Childhood The term Center of Excellence in Early Childhood means a Center of Excellence in Early Childhood designated under section 657B(b) of the Head Start Act ( 42 U.S.C. 9852b(b) ). (3) Early childhood education program The term early childhood education program has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (4) Existing program The term existing program means a Federal, State, local, or privately-funded early childhood education program that— (A) was operating in the State on the day before the date of enactment of this Act; or (B) began operating in the State at any time on or after the date of enactment of this Act through funds that were not provided by a grant under this section. (5) Mixed delivery system The term mixed delivery system means a system— (A) of early childhood education services that are delivered through a combination of programs, providers, and settings (such as Head Start, licensed family and center-based child care programs, public schools, and community-based organizations); and (B) that is supported with a combination of public funds and private funds. (6) Secretary The term Secretary means the Secretary of Health and Human Services. (7) State Advisory Council The term State Advisory Council means a State Advisory Council on Early Childhood Education and Care designated or established under section 642B(b)(1)(A) of the Head Start Act ( 42 U.S.C. 9837b(b)(1)(A) ). (c) Grants authorized (1) In general From amounts made available under subsection (k), the Secretary, jointly with the Secretary of Education, shall award grants to States to enable the States to carry out the activities described in subsection (f). (2) Award basis Grants under this subsection shall be awarded— (A) on a competitive basis; and (B) with priority for States that meet the requirements of subsection (e)(3). (3) Duration of grants A grant awarded under paragraph (1) shall be for a period of not more than 1 year and may be renewed by the Secretary, jointly with the Secretary of Education, under subsection (g). (4) Matching requirement Each State that receives a grant under this section shall provide funds from non-Federal sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, in an amount equal to not less than 30 percent of the amount of such grant. (d) Initial application A State desiring a grant under subsection (c)(1) shall submit an application at such time and in such manner as the Secretary may reasonably require. The application shall contain— (1) an identification of the State entity that the Governor of the State has appointed to be responsible for duties under this section; (2) a description of how such State entity proposes to accomplish the activities described in subsection (f) and meet the purposes of this section described in subsection (a), including— (A) a timeline for strategic planning activities; and (B) a description of how the strategic planning activities and the proposed activities described in subsection (f) will increase participation of children from low-income and disadvantaged families in high-quality early childhood education and preschool programs as a result of the grant; (3) a description of the Federal, State, and local existing programs in the State for which such State entity proposes to facilitate activities described in subsection (f), including— (A) programs carried out under the Head Start Act ( 42 U.S.C. 9801 et seq. ), including the Early Head Start programs carried out under such Act; (B) child care programs carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) or section 418 of the Social Security Act ( 42 U.S.C. 618 ); and (C) other Federal, State, and local programs of early learning and development, early childhood education, and child care, operating in the State (including programs operated by Indian tribes and tribal organizations and private entities, including faith- and community-based entities), as of the date of the application for the grant; (4) a description of how the State entity, in collaboration with Centers of Excellence in Early Childhood, if appropriate, will provide technical assistance and disseminate best practices; (5) a description of how the State plans to sustain the activities described in, and carried out in accordance with, subsection (f) with non-Federal sources after grant funds under this section are no longer available, if the State plans to continue such activities after such time; and (6) a description of how the State entity will work with the State Advisory Council and Head Start collaboration offices. (e) Review process The Secretary shall review the applications submitted under subsection (d) to— (1) determine which applications satisfy the requirements of such subsection; (2) confirm that each State submitting an application has, as of the date of the application, a mixed delivery system in place; and (3) determine if a priority is merited in accordance with subsection (c)(2)(B) because the State has never received— (A) a grant under subsection (c); or (B) a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act. (f) Use of funds A State, acting through the State entity appointed under subsection (d)(1), that receives a grant under subsection (c)(1) shall use the grant funds for all of the following activities: (1) Conducting a periodic statewide needs assessment of— (A) the availability and quality of existing programs in the State, including such programs serving the most vulnerable or underserved populations and children in rural areas; (B) to the extent practicable, the unduplicated number of children being served in existing programs; and (C) to the extent practicable, the unduplicated number of children awaiting service in such programs. (2) Developing a strategic plan that recommends collaboration, coordination, and quality improvement activities (including activities to improve children's transition from early childhood education programs into elementary schools) among existing programs in the State and local educational agencies. Such plan shall include information that— (A) identifies opportunities for, and barriers to, collaboration and coordination among existing programs in the State, including among State, local, and tribal (if applicable) agencies responsible for administering such programs; (B) recommends partnership opportunities among Head Start providers, local educational agencies, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities) that would improve coordination, program quality, and delivery of services; (C) builds on existing plans and goals with respect to early childhood education programs, including improving coordination and collaboration among such programs, of the State Advisory Council while incorporating new or updated Federal, State, and local statutory requirements, including— (i) the requirements of the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ); and (ii) when appropriate, information found in the report required under section 13 of the Child Care and Development Block Grant Act of 2014 ( Public Law 113–186 ; 128 Stat. 2002); and (D) describes how accomplishing the activities described in subparagraphs (A) through (C) will better serve children and families in existing programs and how such activities will increase the overall participation of children in the State. (3) Maximizing parental choice and knowledge about the State's mixed delivery system of existing programs and providers by— (A) ensuring that parents are provided information about the variety of early childhood education programs for children from birth to kindergarten entry in the State's mixed delivery system; and (B) promoting and increasing involvement by parents and family members, including families of low-income and disadvantaged children, in the development of their children and the transition of such children from an early childhood education program into an elementary school. (4) Sharing best practices among early childhood education program providers in the State to increase collaboration and efficiency of services, including to improve transitions from such programs to elementary school. (5) After activities described in paragraphs (1) and (2) have been completed, improving the overall quality of early childhood education programs in the State, including by developing and implementing evidence-based practices that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965, to improve professional development for early childhood education providers and educational opportunities for children. (g) Renewal grants (1) In general The Secretary, jointly with the Secretary of Education, may use funds available under subsection (k) to award renewal grants to States described in paragraph (2) to enable such States to continue activities described in subsection (f) and to carry out additional activities described in paragraph (6). (2) Eligible States A State shall be eligible for a grant under paragraph (1) if— (A) the State has received a grant under subsection (c)(1) and the grant period has concluded; or (B) (i) the State has received a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act, and the grant period for such grant has concluded; and (ii) the Secretary allows such State to apply directly for a renewal grant under this subsection, rather than an initial grant under subsection (c)(1), and the State submits with its application the needs assessment completed under the preschool development grant (updated as necessary to reflect the needs of the State as of the time of the application) in place of the activity described in subsection (f)(1). (3) Duration of grants A grant awarded under this subsection shall be for a period of not more than 3 years and shall not be renewed. (4) Matching requirement Each State that receives a grant under this subsection shall provide funds from non-Federal sources (which may be provided in cash or in kind) to carry out the activities supported by the grant, in an amount equal to not less than 30 percent of the amount of the grant. (5) Application A State described in paragraph (2) that desires a grant under this subsection shall submit an application for renewal at such time and in such manner as the Secretary may reasonably require. The application shall contain— (A) applicable information required in the application described in subsection (d), and in the case of a State described in paragraph (2)(A), updated as the State determines necessary; (B) in the case of a State described in paragraph (2)(A), a description of how funds were used for the activities described in subsection (f) in the initial grant period and the extent to which such activities will continue to be supported in the renewal period; (C) in the case of a State described in paragraph (2)(B), how a needs assessment completed prior to the date of the application, such as the needs assessment completed under the preschool development grant program (as such program existed prior to the date of enactment of this Act), and updated as necessary in accordance with paragraph (2)(B)(ii), will be sufficient information to inform the use of funds under this subsection, and a copy of such needs assessment; (D) a description of how funds will be used for the activities described in paragraph (6) during the renewal grant period, if the State proposes to use grant funds for such activities; and (E) in the case of a State that proposes to carry out activities described in paragraph (6) and to continue such activities after grant funds under this subsection are no longer available, a description of how such activities will be sustained with non-Federal sources after such time. (6) Additional activities (A) In general Each State that receives a grant under this subsection may use grant funds to award subgrants to programs in a mixed delivery system across the State designed to benefit low-income and disadvantaged children prior to entering kindergarten, to— (i) (I) enable programs to implement activities addressing areas in need of improvement as determined by the State, through the use of funds for the activities described in paragraph (5)(C) or subsection (f), as applicable; and (II) as determined through the activities described in paragraph (5)(C) or subsection (f), as applicable, expand access to such existing programs; or (ii) develop new programs to address the needs of children and families eligible for, but not served by, such programs, if the State ensures that— (I) the distribution of subgrants under this subparagraph supports a mixed delivery system; and (II) funds made available under this subparagraph will be used to supplement, and not supplant, any other Federal, State, or local funds that would otherwise be available to carry out the activities assisted under this section. (B) Priority In awarding subgrants under subparagraph (A), a State shall prioritize activities to improve areas in which there are State-identified needs that would improve services for low-income and disadvantaged children living in rural areas. (C) Special rule A State receiving a renewal grant under this subsection that elects to award subgrants under subparagraph (A) shall not— (i) for the first year of the renewal grant, use more than 60 percent of the grant funds available for such year to award such subgrants; and (ii) for each of the second and third years of the renewal grant, use more than 75 percent of the grant funds available for such year to award such subgrants. (h) State reporting (1) Initial grants A State that receives an initial grant under subsection (c)(1) shall submit a final report to the Secretary not later than 6 months after the end of the grant period. The report shall include a description of— (A) how, and to what extent, the grant funds were utilized for activities described in subsection (f), and any other activities through which funds were used to meet the purposes of this section, as described in subsection (a); (B) strategies undertaken at the State level and, if applicable, local or program level, to implement recommendations in the strategic plan developed under subsection (f)(2); (C) (i) any new partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, and private entities (including faith- and community-based entities); and (ii) how these partnerships improve coordination and delivery of services; (D) if applicable, the degree to which the State used information from the report required under section 13 of the Child Care and Development Block Grant Act of 2014 to inform activities under this section, and how this information was useful in coordinating, and collaborating among, programs and funding sources; (E) the extent to which activities funded by the initial grant led to the blending or braiding of other public and private funding; (F) how information about available existing programs for children from birth to kindergarten entry was disseminated to parents and families, and how involvement by parents and family was improved; and (G) other State-determined and voluntarily provided information to share best practices regarding early childhood education programs and the coordination of such programs. (2) Renewal grants A State receiving a renewal grant under subsection (g) shall submit a follow-up report to the Secretary not later than 6 months after the end of the grant period that includes— (A) information described in subparagraphs (A) through (G) of paragraph (1), as applicable and updated for the period covered by the renewal grant; and (B) if applicable, information on how the State was better able to serve children through the distribution of funds in accordance with subsection (g)(5), through— (i) a description of the activities conducted through the use of subgrant funds, including, where appropriate, measurable areas of program improvement and better use of existing resources; and (ii) best practices from the use of subgrant funds, including how to better serve the most vulnerable, underserved, and rural populations. (i) Rules of construction (1) Limitations on Federal interference Nothing in this section shall be construed to authorize the Secretary or the Secretary of Education to establish any criterion for grants made under this section that specifies, defines, or prescribes— (A) early learning and development guidelines, standards, or specific assessments, including the standards or measures that States use to develop, implement, or improve such guidelines, standards, or assessments; (B) specific measures or indicators of quality early learning and care, including— (i) the systems that States use to assess the quality of early childhood education programs and providers, school readiness, and achievement; and (ii) the term high-quality as it relates to early learning, development, or care; (C) early learning or preschool curriculum, programs of instruction, or instructional content; (D) teacher and staff qualifications and salaries; (E) class sizes and ratios of children to instructional staff; (F) any new requirement that an early childhood education program is required to meet that is not explicitly authorized in this section; (G) the scope of programs, including length of program day and length of program year; and (H) any aspect or parameter of a teacher, principal, other school leader, or staff evaluation system within a State, local educational agency, or early childhood education program. (2) Limitation on governmental requirements Nothing in this section shall be construed to authorize the Secretary, Secretary of Education, the State, or any other governmental agency to alter requirements for existing programs for which coordination and alignment activities are recommended under this section, or to force programs to adhere to any recommendations developed through this program. The Secretary, Secretary of Education, State, or other governmental agency may only take an action described in the preceding sentence as otherwise authorized under Federal, State, or local law. (3) Secretary of Education Nothing in this section shall be construed to authorize the Secretary of Education to have sole decision-making or regulatory authority in carrying out the program authorized under this section. (j) Planning and transition (1) In general The recipient of an award for a preschool development grant for development or expansion under such program as it existed on the day before the date of enactment of this Act may continue to receive funds in accordance with the terms of such existing award. (2) Transition The Secretary, jointly with the Secretary of Education, shall take such steps as are necessary to ensure an orderly transition to, and implementation of, the program under this section from the preschool development grants for development or expansion program as such program was operating prior to the date of enactment of this Act, in accordance with subsection (k). (k) Authorization of appropriations There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section $250,000,000 for each of fiscal years 2017 through 2020. 9213. Review of Federal early childhood education programs (a) In general The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall conduct an interdepartmental review of all early childhood education programs for children less than 6 years of age in order to— (1) develop a plan for the elimination of overlapping programs, as identified by the Government Accountability Office’s 2012 annual report (GAO–12–342SP); (2) determine if the activities conducted by States using grant funds from preschool development grants under section 9212 have led to better utilization of resources; and (3) make recommendations to Congress for streamlining all such programs. (b) Report and updates The Secretary of Health and Human Services, in consultation with the heads of all Federal agencies that administer Federal early childhood education programs, shall— (1) not later than 2 years after the date of enactment of this Act, prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a detailed report that— (A) outlines the efficiencies that can be achieved by, and specific recommendations for, eliminating overlap and fragmentation among all Federal early childhood education programs; (B) explains how the use by States of preschool development grant funds under section 9212 has led to the better utilization of resources; and (C) builds upon the review of Federal early learning and care programs required under section 13 of the Child Care and Development Block Grant Act of 2014 ( Public Law 113–186 ; 128 Stat. 2002); and (2) annually prepare and submit to such Committees a detailed update of the report described in paragraph (1). 9214. Use of the term highly qualified in other laws (a) References Beginning on the date of enactment of this Act— (1) any reference in sections 420N, 428J, 428K, and 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1070g–2 , 1078–10, 1078–11, and 1087j) to the term highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965 shall be treated as a reference to such term under such section 9101 as in effect on the day before the date of enactment of this Act; and (2) any reference in section 6112 of the America COMPETES Act ( 20 U.S.C. 9812 ), section 553 of the America COMPETES Reauthorization Act of 2010 ( 20 U.S.C. 9903 ), and section 9 of the National Science Foundation Authorization Act of 2002 ( 42 U.S.C. 1862n ), to highly qualified , as defined in section 9101 of the Elementary and Secondary Education Act of 1965, with respect to a teacher, means that the teacher meets applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification. (b) Education Sciences Reform Act of 2002 Section 153(a)(1)(F)(ii) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9543(a)(1)(F)(ii) ) is amended by striking teachers who are highly qualified (as such term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(14)(C) . . (c) Higher Education Act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (1) in section 200— (A) by striking paragraph (13); (B) in paragraph (17)(B)(ii), by striking to become highly qualified and inserting who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; and (C) in paragraph (22)(D)(i), by striking becomes highly qualified and inserting , with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; (2) in section 201(3), by striking highly qualified teachers and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; (3) in section 202— (A) in subsection (b)(6)(H), by striking highly qualified teachers and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, ; (B) subsection (d)— (i) in paragraph (1)— (I) in subparagraph (A)(i)(I), by striking be highly qualified (including teachers in rural school districts who may teach multiple subjects, special educators, and teachers of students who are limited English proficient who may teach multiple subjects) and inserting meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (including teachers in rural school districts, special educators, and teachers of students who are limited English proficient) ; and (II) in subparagraph (B)(iii), by striking become highly qualified, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities as described in section 602(10)(D) of the Individuals with Disabilities Education Act and inserting meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, which may include training in multiple subjects to teach multiple grade levels as may be needed for individuals preparing to teach in rural communities and for individuals preparing to teach students with disabilities ; and (ii) in paragraph (5), by striking become highly qualified teachers and inserting become teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; and (C) in subsection (e)(2)(C)(iii), by striking subclause (IV) and inserting the following: (IV) meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, when the applicant begins to fulfill the service obligation under this clause; and ; (4) in section 204, by striking highly qualified teachers each place it appears and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(14)(C) ), ; (5) in section 205(b)(1)(I), by striking highly qualified teachers and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; (6) in section 207(a)(1), by striking highly qualified teachers and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, ; (7) in section 208(b)— (A) , by striking are highly qualified, as required under section 1119 of the Elementary and Secondary Education Act of 1965, and inserting meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, ; and (B) by striking is highly qualified by the deadline, as required under section 612(a)(14)(C) of the Individuals with Disabilities Education Act and inserting meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; (8) in section 242(b)— (A) in the matter preceding paragraph (1), by striking are highly qualified and inserting meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, ; (B) in paragraph (1), by striking are highly qualified, and inserting meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, ; and (C) in paragraph (3), by striking highly qualified teachers and principals and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, and highly qualified principals ; (9) in section 251(b)(1)(A)(iii), by striking are highly qualified and inserting meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; (10) in section 255(k)— (A) by striking paragraph (1) and inserting the following: (1) meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; ; and (B) in paragraph (3), by striking teacher who meets the requirements of section 9101(23) of such Act and inserting teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act ; (11) in section 258(d)(1)— (A) by striking highly qualified ; and (B) by inserting , who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act before the period at the end; and (12) section 806— (A) in subsection (a), by striking paragraph (2); and (B) in subsection (c)(1), by striking highly qualified teachers and inserting teachers who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act, . (d) Individuals with Disabilities Education Act The Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) is amended— (1) in section 602, by striking paragraph (10); (2) in section 612(a)(14)— (A) in subparagraph (C), by striking secondary school is highly qualified by the deadline established in section 1119(a)(2) of the Elementary and Secondary Education Act of 1965 and inserting “secondary school— (i) has obtained full State certification as a special education teacher (including participating in an alternate route to certification as a special educator, if such alternate route meets minimum requirements described in section 2005.56(a)(2)(ii) of title 34, Code of Federal Regulations, as such section was in effect on November 28, 2008), or passed the State special education teacher licensing examination, and holds a license to teach in the State as a special education teacher, except with respect to any teacher teaching in a public charter school who shall meet the requirements set forth in the State's public charter school law; (ii) has not had special education certification or licensure requirements waived on an emergency, temporary, or provisional basis; and (iii) holds at least a bachelor's degree. ; (B) in subparagraph (D), by striking highly qualified personnel and inserting personnel who meet the applicable requirements described in this paragraph ; and (C) in subparagraph (E), by striking staff person to be highly qualified and inserting staff person to meet the applicable requirements described in this paragraph ; (3) in section 653(b)— (A) in paragraph (7), by striking highly qualified teachers and inserting teachers who meet the qualifications described in section 612(a)(14)(C) ; and (B) in paragraph (8), by striking teachers who are not highly qualified and inserting teachers who do not meet the qualifications described in section 612(a)(14)(C) ; and (4) in section 654— (A) in subsection (a)(4), in the matter preceding subparagraph (A), by striking highly qualified special education teachers, particularly initiatives that have been proven effective in recruiting and retaining highly qualified teachers and inserting special education teachers who meet the qualifications described in section 612(a)(14)(C), particularly initiatives that have been proven effective in recruiting and retaining teachers ; and (B) in subsection (b)— (i) in paragraph (2), by striking certification of special education teachers for highly qualified individuals with a baccalaureate or master's degree and inserting certification of special education teachers for individuals with a baccalaureate or master's degree who meet the qualifications described in section 612(a)(14)(C) ; and (ii) in paragraph (4), by striking highly qualified special education teachers and inserting special education teachers who meet the qualifications described in section 612(a)(14)(C) ; and (C) in section 662— (i) in subsection (a)— (I) in paragraph (1), by striking highly qualified personnel, as defined in section 651(b) and inserting personnel, as defined in section 651(b), who meet the applicable requirements described in section 612(a)(14) ; and (II) in paragraph (5), by striking special education teachers are highly qualified and inserting special education teachers meet the qualifications described in section 612(a)(14)(C) ; (ii) in subsection (b)(2)(B), by striking highly qualified teachers and inserting special education teachers who meet the qualifications described in section 612(a)(14)(C) ; and (iii) in subsection (c)(4)(B), by striking highly qualified personnel and inserting personnel who meet the applicable requirements described in section 612(a)(14) . (e) Individuals with Disabilities Education Improvement Act of 2004 Section 302(a) of the Individuals with Disabilities Education Improvement Act of 2004 ( 20 U.S.C. 1400 note) is amended— (1) by striking part D.— through parts A and inserting part D.— Parts A ; and (2) by striking paragraph (2). 9215. Additional conforming amendments to other laws (a) Act of April 16, 1934 (popularly known as the Johnson-O'Malley Act) Section 5(a) of the Act of April 16, 1934 (popularly known as the Johnson-O'Malley Act) ( 25 U.S.C. 456(a) ) is amended by striking section 7114(c)(4) of the Elementary and Secondary Education Act of 1965 and inserting section 6114(c)(4) of the Elementary and Secondary Education Act of 1965 . (b) Adam Walsh Child Protection and Safety Act of 2006 Section 153(h) of the Adam Walsh Child Protection and Safety Act of 2006 ( 42 U.S.C. 16962(h) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (c) Adult Education and Literacy Act Paragraph (8) of section 203 of the Adult Education and Literacy Act ( 29 U.S.C. 3272 ) is amended to read as follows: (8) Essential components of reading instruction The term essential components of reading instruction means explicit and systematic instruction in— (A) phonemic awareness; (B) phonics; (C) vocabulary development; (D) reading fluency, including oral reading skills; and (E) reading comprehension strategies. . (d) Age Discrimination Act of 1975 Section 309(4)(B)(ii) of the Age Discrimination Act of 1975 ( 42 U.S.C. 6107(4)(B)(ii) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (e) Age Discrimination in Employment Act of 1967 Section 4(l)(1)(B)(i)(I) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623(l)(1)(B)(i)(I) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965) . (f) Agricultural Act of 2014 Section 7606(a) of the Agricultural Act of 2014 ( 7 U.S.C. 5940(a) ) is amended by striking the Safe and Drug-Free Schools and Communities Act ( 20 U.S.C. 7101 et seq. ), . (g) Agricultural Research, Extension, and Education Reform Act of 1998 Section 413(b)(4) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7633(b)(4) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) and inserting section 8101 of the Elementary and Secondary Education Act of 1965) . (h) Albert Einstein Distinguished Educator Fellowship Act of 1994 Each of paragraphs (1), (2), and (3) of section 514 of the Albert Einstein Distinguished Educator Fellowship Act of 1994 ( 42 U.S.C. 7838b ) are amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (i) America COMPETES Act The America COMPETES Act ( Public Law 110–69 ) is amended as follows: (1) Section 6002(a) ( 20 U.S.C. 9802(a) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). and inserting section 8101 of the Elementary and Secondary Education Act of 1965. . (2) Section 6122 ( 20 U.S.C. 9832 ) is amended— (A) in paragraph (3), by striking The term low-income student has the meaning given the term low-income individual in section 1707(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6537(3) ). and inserting The term low-income student means an individual who is determined by a State educational agency or local educational agency to be a child ages 5 through 19, from a low-income family, on the basis of data used by the Secretary to determine allocations under section 1124 of the Elementary and Secondary Education Act of 1965, data on children eligible for free or reduced-price lunches under the Richard B. Russell National School Lunch Act, data on children in families receiving assistance under part A of title IV of the Social Security Act, or data on children eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act, or through an alternate method that combines or extrapolates from those data. ; and (B) in paragraph (4), by striking The term high concentration of low-income students has the meaning given the term in section 1707(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6537(2) ). and inserting The term high concentration of low-income students , used with respect to a school, means a school that serves a student population 40 percent or more of who are low-income students. . (3) Section 6123 ( 20 U.S.C. 9833 ) is amended— (A) in subsection (c), by striking the activities carried out under section 1705 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6535 ). and inserting the following: “any activities carried out under section 4104 or 4107 of the Elementary and Secondary Education Act of 1965 that provide students access to accelerated learning programs that provide— (1) postsecondary level courses accepted for credit at institutions of higher education, including dual or concurrent enrollment programs, and early college high schools; or (2) postsecondary level instruction and examinations that are accepted for credit at institutions of higher education, including Advanced Placement and International Baccalaureate programs. ; and (B) in subsection (j)(2)(B), by striking section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(i) ) and inserting section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(B)(xi) ) . (4) Section 6401(e)(2)(D)(ii)(I) ( 20 U.S.C. 9871(e)(2)(D)(ii)(I) ) is amended by striking yearly test records of individual students with respect to assessments under section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b) ) and inserting yearly test records of individual students with respect to assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ) . (5) Section 7001 ( 42 U.S.C. 1862o note) is amended— (A) in paragraph (4), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (B) in paragraph (7), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (j) American History and Civics Education Act of 2004 Section 2(d) of the American History and Civics Education Act of 2004 ( 20 U.S.C. 6713 note) is amended by striking to carry out part D of title V of the Elementary and Secondary Education Act of 1965 and inserting to carry out section 2232 of the Elementary and Secondary Education Act of 1965 . (k) Anti-Drug Abuse Act of 1988 Section 3521(d)(8)(A) of the Anti-Drug Abuse Act of 1988 ( 42 U.S.C. 11841(d)(8)(A) ) is amended by striking education and instruction consistent with title IV of the Elementary and Secondary Education Act of 1965 and inserting education and instruction consistent with part A of title IV of the Elementary and Secondary Education Act of 1965 . (l) Assets for Independence Act Section 404(11) of the Assets for Independence Act ( 42 U.S.C. 604 note) is amended by striking section 7207 of the Native Hawaiian Education Act and inserting section 6207 of the Native Hawaiian Education Act . (m) Assistive Technology Act of 1998 Section 4(c)(2)(B)(i)(V) of the Assistive Technology Act of 1998 ( 29 U.S.C. 3003(c)(2)(B)(i)(V) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (n) Carl D. Perkins Career and Technical Education Act of 2006 The Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) is amended as follows: (1) Section 3 ( 20 U.S.C. 2302 ) is amended— (A) in paragraph (8), by striking section 5210 of the Elementary and Secondary Education Act of 1965 and inserting section 4310 of the Elementary and Secondary Education Act of 1965 ; (B) in paragraph (11), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (C) in paragraph (19), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (D) in paragraph (27), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 8(e) ( 20 U.S.C. 2306a(e) ) is amended by striking section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965 and inserting section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 . (3) Section 113(b) ( 20 U.S.C. 2323(b) ) is amended— (A) in paragraph (2)(A)— (i) by striking clause (i) and inserting the following: (i) Student attainment of the challenging State academic standards, as adopted by a State in accordance with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and measured by the State determined levels of achievement on the academic assessments described in section 1111(b)(2) of such Act. ; and (ii) in clause (iv), by striking (as described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965) and inserting (as described in section 1111(c)(4)(A)(i)(I)(bb) of the Elementary and Secondary Education Act of 1965) ; and (B) in paragraph (4)(C)(ii)(I), by striking categories and inserting subgroups . (4) Section 114(d)(4)(A)(iii)(I)(aa) (20 U.S.C. 2324(d)(4)(A)(iii)(I)(aa)) is amended by striking integrating those programs with academic content standards and student academic achievement standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; and inserting the following: integrating those programs with challenging State academic standards, as adopted by States under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965; . (5) Section 116(a)(5) ( 20 U.S.C. 2326(a)(5) ) is amended by striking section 7207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ) and inserting section 6207 of the Native Hawaiian Education Act . (6) Section 122(c)( 20 U.S.C. 2342(c) ) is amended— (A) in paragraph (1)(I)(i), by striking aligned with rigorous and challenging academic content standards and student academic achievement standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and inserting aligned with challenging State academic standards adopted by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ; and (B) in paragraph (7)(A)(i), by striking the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (7) Section 124(b)(4)(A) ( 20 U.S.C. 2344(b)(4)(A) ) is amended in paragraph (4)(A), by striking the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (8) Section 134(b)(3) ( 20 U.S.C. 2354(b)(3) ) is amended— (A) in subparagraph (B)(i), by striking the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) ; and (B) in subparagraph (E), by striking in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting in order to provide a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (9) Section 135(b)(1)(A) ( 20 U.S.C. 2355(b)(1)(A) ) is amended by striking the core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (10) Section 203(c)(2)(D) ( 20 U.S.C. 2373(c)(2)(D) ) is amended by striking in core academic subjects (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting as part of a well-rounded education (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (o) Child Abuse Prevention and Treatment Act Section 111(3) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g(3) ) is amended by striking section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ); and inserting section 6207 of the Elementary and Secondary Education Act of 1965; . (p) Child Care and Development Block Grant Act of 1990 The Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) is amended as follows: (1) Section 658E(c)(2)(G)(ii)(V)(dd) (42 U.S.C. 9858c(c)(2)(G)(ii)(V)(dd)) is amended by striking (as defined in section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 )) and inserting (as defined in section 6207 of the Elementary and Secondary Education Act of 1965) . (2) Section 658P(5) ( 42 U.S.C. 9858n(5) ) is amended by striking an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) or section 637 of the Head Start Act ( 42 U.S.C. 9832 ) and inserting an individual who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited English proficient, as defined in section 637 of the Head Start Act ( 42 U.S.C. 9832 ) . (q) Children's Internet Protection Act Section 1721(g) of the Children's Internet Protection Act ( 20 U.S.C. 9134 note; 114 Stat. 2763A-350), as enacted into law by section 1(a)(4) of the Consolidated Appropriations Act, 2001 ( Public Law 106–554 ; 114 Stat. 2763), is amended by striking Notwithstanding any other provision of law, funds available under section 3134 or part A of title VI of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title. and inserting Notwithstanding any other provision of law, funds available under part B of title I of the Elementary and Secondary Education Act of 1965, or under section 231 of the Library Services and Technology Act, may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title and the amendments made by this title. . (r) Civil Rights Act of 1964 Section 606(2)(B) of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B)) is amended by striking a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965), and inserting a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), . (s) Communications Act of 1934 Section 254(h) of the Communications Act of 1934 ( 47 U.S.C. 254(h) ) is amended— (1) in paragraph (5)(A)(iii), by striking an elementary or secondary school as defined in section 14101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 8801 ) and inserting an elementary school or a secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ; and (2) in paragraph (7)(A), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (t) Community Services Block Grant Act Section 682(b)(4) of the Community Services Block Grant Act ( 42 U.S.C. 9923(b)(4) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965) and inserting section 8101 of the Elementary and Secondary Education Act of 1965) . (u) Congressional Award Act Section 203(3)(A) of the Congressional Award Act ( 2 U.S.C. 812(3)(A) ) is amended by striking section 14101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 8801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (v) Department of Education Organization Act Section 215(b)(2)(A) of the Department of Education Organization Act ( 20 U.S.C. 3423c ) is amended by striking be responsible for administering this title and inserting be responsible for administering part A of title VI of the Elementary and Secondary Education Act of 1965 . (w) Department of Energy Science Education Enhancement Act Section 3181(a)(1) of the Department of Energy Science Education Enhancement Act ( 42 U.S.C. 7381l(a)(1) ) is amended by striking with a high concentration of low-income individuals (as defined in section 1707 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6537 )) and inserting in which 40 percent or more of the students attending the school are children from low-income families . (x) Department of Transportation and Related Agencies Appropriations Act, 2001 Section 303 of the Department of Transportation and Related Agencies Appropriations Act, 2001, ( 49 U.S.C. 106 note; 114 Stat. 1356A-23), as enacted into law by section 101(a) of the Act entitled “An Act making appropriations for the Department of Transportation and related agencies for the fiscal year ending September, 30, 2001, and for other purposes”, approved October 23, 2000 ( Public Law 106–346 ; 114 Stat. 1356), is amended by striking except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7701 et seq. ), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; and inserting except as otherwise authorized by title VII of the Elementary and Secondary Education Act of 1965, for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents; . (y) District of Columbia College Access Act of 1999 Section 3(c)(5) of the District of Columbia College Access Act of 1999 (sec. 38-2702(c)(5), D.C. Official Code) is amended by striking “section 14101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 8801 )” and inserting “section 8101 of the Elementary and Secondary Education Act of 1965”. (z) District of Columbia School Reform Act of 1995 Section 2210(a) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.10(a), D.C. Official Code) is amended by striking paragraph (6) and inserting the following: (6) Inapplicability of certain ESEA provisions The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school: (A) Paragraph (4) of section 1112(b) and paragraph (1) of section 1112(c). (B) Section 1113. (C) Subsections (d) and (e) of section 1116. (D) Section 1117. (E) Subsections (c) and (e) of section 1118. . (aa) Earthquake hazards Section 2(c)(1)(A) of the Act entitled An Act to authorize appropriations for carrying out the Earthquake Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for other purposes , approved October 1, 1997 ( 42 U.S.C. 7704 note) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (bb) Education Amendments of 1972 Section 908(2)(B) of the Education Amendments of 1972 ( 20 U.S.C. 1687(2)(B) ) is amended by striking 9101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; and inserting section 8101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system; . (cc) Education Amendments of 1978 Part B of title XI of the Education Amendments of 1978 ( 25 U.S.C. 2000 et seq. ) is amended as follows: (1) Section 1139(e) ( 25 U.S.C. 2019(e) ) is amended by striking part B of title I of the Elementary and Secondary Education Act of 1965 and inserting subpart 2 of part B of title II of the Elementary and Secondary Education Act of 1965 . (2) Section 1141(9) ( 25 U.S.C. 2021(9) ) is amended by striking the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 8801 ) and inserting the Elementary and Secondary Education Act of 1965 . (dd) Education for Economic Security Act The Education for Economic Security Act ( 20 U.S.C. 3901 et seq. ) is amended as follows: (1) Section 3 ( 20 U.S.C. 3902 ) is amended— (A) in paragraph (3), by striking section 9101 of the Elementary and Secondary Education Act of 1965. and inserting section 8101 of the Elementary and Secondary Education Act of 1965. ; (B) in paragraph (7), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (C) in paragraph (8), by striking section 198(a)(7) of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (D) in paragraph (12), by striking section 9101 of the Elementary and Secondary Education Act of 1965. and inserting section 8101 of the Elementary and Secondary Education Act of 1965. . (2) Section 511 ( 20 U.S.C. 4020 ) is amended— (A) by striking subparagraph (A) of paragraph (4) and inserting the following: (A) any local educational agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965; and ; and (B) by striking subparagraph (A) of paragraph (5) and inserting the following: (A) any elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and . (ee) Education of the Deaf Act of 1986 Section 104(b)(5) of the Education of the Deaf Act of 1986 ( 20 U.S.C. 4304(b)(5) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking select challenging academic content standards, challenging student academic achievement standards, and academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) and (3)) and inserting select challenging State academic content standards, aligned academic achievement standards, and State academic assessments of a State, adopted and implemented, as appropriate, pursuant to paragraphs (1) and (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) and (2)) ; and (B) in clause (ii), by striking 2009–2010 academic year and inserting 2016–2017 academic year ; (2) by striking subparagraph (B) and inserting the following: (B) adopt the accountability system, consistent with section 1111(c) of such Act, of the State from which standards and assessments are selected under subparagraph (A)(i); and ; and (3) in subparagraph (C), by striking “whether the programs at the Clerc Center are making adequate yearly progress” and inserting “the results of the annual evaluation of the programs at the Clerc Center”. (ff) Education Sciences Reform Act of 2002 The Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. ) is amended as follows: (1) Paragraph (1) of section 102 ( 20 U.S.C. 9501 ) is amended to read as follows: (1) (A) In general The terms elementary school , secondary school , local educational agency , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965. (B) Outlying areas The term outlying areas has the meaning given such term in section 1121(c) of such Act. (C) Freely associated states The term freely associated states means the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. . (2) Section 173(b) ( 20 U.S.C. 9563(b) ) is amended by striking part E of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491 et seq. ) and inserting section 8601 of the Elementary and Secondary Education Act of 1965 . (gg) Educational Technical Assistance Act of 2002 The Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9601 et seq. ) is amended as follows: (1) Section 202 ( 20 U.S.C. 9601 ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 203 ( 20 U.S.C. 9602 ) is amended— (A) in subsection (a)(2)(B), by striking the number of schools identified for school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) and inserting the number of schools implementing comprehensive support and improvement activities and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 ; (B) in subsection (e)(3), by striking schools in the region that have been identified for school improvement under section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) and inserting schools in the region that are implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 ; and (C) in subsection (f)(1)(B), by striking and encouraging and sustaining school improvement (as described in section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) )) and inserting , and particularly assisting those schools implementing comprehensive support and improvement and targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965, . (hh) Family and Medical Leave Act of 1993 Section 108(a)(1)(A) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2618(a)(1)(A) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965) and inserting section 8101 of the Elementary and Secondary Education Act of 1965) . (ii) Family Violence Prevention and Services Act Section 302(6) of the Family Violence Prevention and Services Act ( 42 U.S.C. 10402(6) ) is amended by striking section 7207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). and inserting section 6207 of the Elementary and Secondary Education Act of 1965. . (jj) FDA Food Safety Modernization Act Section 112(a)(2) of the FDA Food Safety Modernization Act ( 21 U.S.C. 2205(a)(2) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (kk) Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 Section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 20 U.S.C. 7703a ) is amended— (1) in subsection (a), by striking subparagraph (A)(ii), (B), (D)(i) or (D)(ii) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a)(1) ) and inserting subparagraph (A)(ii) or (B), or clause (i) or (ii) of subparagraph (D), of section 7003(a)(1) ; and (2) in subsection (g), by striking section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). and inserting section 7013 of the Elementary and Secondary Education Act of 1965. . (ll) Food and Agriculture Act of 1977 Section 1417(j)(1)(B) of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3152(j)(1)(B) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (mm) General Education Provisions Act The General Education Provisions Act ( 20 U.S.C. 1221 et seq. ) is amended as follows: (1) Section 425(6) ( 20 U.S.C. 1226c(6) ) is amended by striking section 9601 of the Elementary and Secondary Education Act of 1965 and inserting section 8601 of the Elementary and Secondary Education Act of 1965 . (2) Section 426 ( 20 U.S.C. 1228 ) is amended by striking title VIII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 8003(d) of such Act or residing on property described in section 8013(10) of such Act. and inserting title VII of the Elementary and Secondary Education Act of 1965, but not including any portion of such funds as are attributable to children counted under section 7003(d) of such Act or residing on property described in section 7013(10) of such Act. . (3) Section 429(d)(2)(B)(i) ( 20 U.S.C. 1228c(d)(2)(B)(i) ) is amended by striking an elementary or secondary school as defined by the Elementary and Secondary Education Act of 1965 and inserting an elementary or secondary school (as defined by the terms elementary school and secondary school in section 8101 of the Elementary and Secondary Education Act of 1965) . (4) Section 441(a) ( 20 U.S.C. 1232d(a) ) is amended by striking part C of title V of the Elementary and Secondary Education Act of 1965) to the Secretary a general application and inserting part D of title IV of the Elementary and Secondary Education Act of 1965) to the Secretary a general application . (5) Section 445(c)(5)(D) ( 20 U.S.C. 1232h(c)(5)(D) ) is amended by striking part A of title V and inserting part A of title IV . (nn) Head Start Act The Head Start Act ( 42 U.S.C. 9831 et seq. ) is amended as follows: (1) Section 637 ( 42 U.S.C. 9832 ) is amended— (A) in the paragraph relating to a delegate agency, by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (B) in subparagraph (A)(ii)(I) of the paragraph relating to limited English proficient, by striking (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), an Alaska Native, or a native resident of an outlying area (as defined in such section 9101); and inserting (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), an Alaska Native, or a native resident of an outlying area (as defined in such section 8101); . (2) Section 641(d)(2) ( 42 U.S.C. 9836(d)(2) ) is amended— (A) in subparagraph (H)— (i) by striking clause (i); (ii) by redesignating clauses (ii) through (vii) as clauses (i) through (vi), respectively; and (iii) in clause (i) (as so redesignated)— (I) by striking other ; and (II) by striking that Act and inserting the Elementary and Secondary Education Act of 1965 ; and (B) in subparagraph (J)(iii), by striking , such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6381 et seq. ) . (3) Section 642 ( 42 U.S.C. 9837 ) is amended— (A) in subsection (b)(4), by striking , such as entities carrying out Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6381 et seq. ) ; and (B) in subsection (e)(3), by striking Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6381 et seq. ), . (4) Section 642A(a) ( 42 U.S.C. 9837a(a) ) is amended— (A) in paragraph (7)(B), by striking the information provided to parents of limited English proficient children under section 3302 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7012 ) and inserting the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965 ; and (B) in paragraph (8), by striking parental involvement efforts under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) and inserting parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965 . (5) Section 648(a)(3)(A)(iii) ( 42 U.S.C. 9843(a)(3)(A)(iii) ) is amended by striking , and for activities described in section 1222(d) of the Elementary and Secondary Education Act of 1965), . (6) Section 657B(c)(1)(B)(vi) ( 42 U.S.C. 9852b(c)(1)(B)(vi) ) is amended— (A) by striking subclause (III); (B) by redesignating subclauses (IV) through (VII) as subclauses (III) through (VI), respectively; and (C) in subclause (III) (as so redesignated)— (i) by striking other ; and (ii) by striking that Act and inserting the Elementary and Secondary Education Act of 1965 . (oo) Higher Education Act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended as follows: (1) Section 103 ( 20 U.S.C. 1003 ) is amended— (A) in paragraph (9), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (B) in paragraph (10), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (C) in paragraph (11), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (D) in paragraph (16), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (E) in paragraph (21), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 200 ( 20 U.S.C. 1021 ) is amended— (A) in paragraph (3), by striking The term core academic subjects has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 and inserting The term core academic subjects means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography ; (B) in paragraph (5), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (C) in paragraph (6)(B), by striking section 5210 of the Elementary and Secondary Education Act of 1965) and inserting section 4310 of the Elementary and Secondary Education Act of 1965) ; (D) by striking paragraph (7) and inserting the following: (7) Essential components of reading instruction The term essential components of reading instruction has the meaning given the term in section 1208 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act. ; (E) by striking paragraph (8) and inserting the following: (8) Exemplary teacher The term exemplary teacher has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act. ; (F) in paragraph (10)(A)— (i) in clause (iii), by striking section 6211(b) of the Elementary and Secondary Education Act of 1965 and inserting section 5211(b) of the Elementary and Secondary Education Act of 1965 ; and (ii) in clause (iv), by striking section 6221(b) of the Elementary and Secondary Education Act of 1965 and inserting section 5221(b) of the Elementary and Secondary Education Act of 1965 ; (G) in paragraph (15), by striking The term limited English proficient has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965. and inserting The term limited English proficient has the meaning given the term English learner in section 8101 of the Elementary and Secondary Education Act of 1965. ; (H) in paragraph (16), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (I) in paragraph (19), by striking section 9101 of the Elementary and Secondary Education Act of 1965. and inserting section 8101 of the Elementary and Secondary Education Act of 1965. . (3) Section 202 ( 20 U.S.C. 1022a ) is amended in subsection (b)(6)(E)(ii), by striking student academic achievement standards and academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, and inserting challenging State academic standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, . (4) Section 205(b)(1)(C) ( 20 U.S.C. 1022d(b)(1)(C) ) is amended by striking are aligned with the State's challenging academic content standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and inserting are aligned with the challenging State academic standards required under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 . (5) Section 241 ( 20 U.S.C. 1033 )) is amended by striking paragraph (2) and inserting the following: (2) Scientifically based reading research The term scientifically based reading research — (A) means research that applies rigorous, systemic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and (B) includes research that— (i) employs systemic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and (iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. . (6) Section 317(b) ( 20 U.S.C. 1059d(b) ) is amended— (A) in paragraph (1), by striking section 7306 of the Elementary and Secondary Education Act of 1965; and inserting section 6306 of the Elementary and Secondary Education Act of 1965; ; and (B) in paragraph (3), by striking section 7207 of the Elementary and Secondary Education Act of 1965; and and inserting section 6207 of the Elementary and Secondary Education Act of 1965; and . (7) Section 402E(d)(2) ( 20 U.S.C. 1070a–15(d)(2) ) is amended— (A) in subparagraph (A), by striking Alaska Natives, as defined in section 7306 of the Elementary and Secondary Education Act of 1965; and inserting Alaska Natives, as defined in section 6306 of the Elementary and Secondary Education Act of 1965; ; and (B) in subparagraph (B), by striking Native Hawaiians, as defined in section 7207 of such Act and inserting Native Hawaiians, as defined in section 6207 of such Act . (8) Section 428K ( 20 U.S.C. 1078–11 ) is amended in subsection (b)— (A) in paragraph (5)(B)(iv), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (B) by striking paragraph (8) and inserting the following: (8) School counselors The individual— (A) is employed full-time as a school counselor who has documented competence in counseling children and adolescents in a school setting and who— (i) is licensed by the State or certified by an independent professional regulatory authority; (ii) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (iii) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent; and (B) is so employed in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school. . (9) Section 469(a) ( 20 U.S.C. 1087ii(a) ) is amended by striking eligible to be counted under title I of the Elementary and Secondary Education Act of 1965 and inserting eligible to be counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 . (10) Section 481(f) ( 20 U.S.C. 1088(f) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (11) Section 819(b) ( 20 U.S.C. 1161j ) is amended— (A) in paragraph (1), by striking section 7306 of the Elementary and Secondary Education Act of 1965. and inserting section 6306 of the Elementary and Secondary Education Act of 1965. ; and (B) in paragraph (4), by striking section 7207 of the Elementary and Secondary Education Act of 1965. and inserting section 6207 of the Elementary and Secondary Education Act of 1965. . (12) Section 861(c)(2)(A) ( 20 U.S.C. 1161q(c)(2)(A) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965) and inserting section 8101 of the Elementary and Secondary Education Act of 1965) . (pp) Impact Aid Improvement Act of 2012 Section 563(c)(1) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1748; 20 U.S.C. 7702 note) as amended by section 7001(a), is further amended by striking Notwithstanding section 8005(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7705(d) ), subsection (b)(1), and the amendments made by subsection (b)(1), shall take effect with respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 ) for fiscal year 2010. and inserting With respect to applications submitted under section 8002 of the Elementary and Secondary Education Act of 1965, as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act, for fiscal year 2010, title VIII of the Elementary and Secondary Education Act of 1965 (including the amendments made by subsection (b)(1)), as in effect on such date, and subsection (b)(1) shall take effect with respect to such applications, notwithstanding section 8005(d) of such Act, as in effect on such date. . (qq) Indian Health Care Improvement Act Section 726(b)(3)(D)(iii) of the Indian Health Care Improvement Act ( 25 U.S.C. 1667e(b)(3)(D)(iii) ) is amended by striking a school receiving payments under section 8002 or 8003 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7702 , 7703). and inserting a school receiving payments under section 7002 or 7003 of the Elementary and Secondary Education Act of 1965. . (rr) Indian Self-Determination and Education Assistance Act Section 209 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 458e ) is amended by striking assistance provided under title IX of the Elementary and Secondary Education Act of 1965. and inserting assistance provided under title VI of the Elementary and Secondary Education Act of 1965. . (ss) Individuals with Disabilities Education Act The Individuals with Disabilities Education Act is amended as follows: (1) Section 602 ( 20 U.S.C. 1401 ) is amended— (A) by striking paragraph (4); (B) in paragraph (8)(a)(3), by striking under parts A and B of title III of that Act and inserting under part A of title III of that Act ; and (C) by striking paragraph (18) and inserting the following: (18) Limited english proficient The term limited English proficient has the meaning given the term English learner in section 8101 of the Elementary and Secondary Education Act of 1965. . (2) Section 611(e) ( 20 U.S.C. 1411(e) ) is amended— (A) in paragraph (2)(C)— (i) in clause (x), by striking 6111 of the Elementary and Secondary Education Act of 1965 and inserting 1201 of the Elementary and Secondary Education Act of 1965 ; and (ii) in clause (xi)— (I) by striking including supplemental educational services as defined in 1116(e) of the Elementary and Secondary Education Act of 1965 to children with disabilities, in schools or local educational agencies identified for improvement under section 1116 of the Elementary and Secondary Education Act of 1965 on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities and inserting including direct student services described in section 1003A(c)(3) of the Elementary and Secondary Education Act of 1965 to children with disabilities, to schools or local educational agencies implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities ; and (II) by striking to meet or exceed the objectives established by the State under section 1111(b)(2)(G) the Elementary and Secondary Education Act of 1965 and inserting based on the challenging academic standards described in section 1111(b)(1) of such Act ; and (B) in paragraph (3)(C)(ii)(I)(bb), by striking section 9101 and inserting section 8101 . (3) Section 612(a) ( 20 U.S.C. 1412(a) ) is amended— (A) in paragraph (15)— (i) in subparagraph (A), by striking clause (ii) and inserting the following: (ii) are the same as the State's long-term goals and measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i) of the Elementary and Secondary Education Act of 1965; ; (ii) in subparagraph (B), by striking including measurable annual objectives for progress by children with disabilities under section 1111(b)(2)(C)(v)(II) and inserting including measurements of interim progress for children with disabilities under section 1111(c)(4)(A)(i) ; and (B) in paragraph (16)(C)(ii)— (i) in subclause (I), by striking State's challenging academic content standards and challenging student academic achievement standards and inserting challenging State academic content standards under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 and alternate academic achievement standards under section 1111(b)(1)(E) of such Act ; and (ii) in subclause (II), by striking the regulations promulgated to carry out section 1111(b)(1) of the Elementary and Secondary Education Act of 1965, and inserting section 1111(b)(1)(E) of the Elementary and Secondary Education Act of 1965, . (4) Section 613(a) ( 20 U.S.C. 1413(a) ) is amended in paragraph (3), by striking subject to the requirements of section 612(a)(14) and section 2122 of the Elementary and Secondary Education Act of 1965 and inserting subject to the requirements of section 612(a)(14) and section 2102(b) of the Elementary and Secondary Education Act of 1965 . (5) Section 614(b)(5)(A) ( 20 U.S.C. 1414(b)(5)(A) ) is amended by inserting , as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act after 1965 . (6) Section 651(c)(5)(E) ( 20 U.S.C. 1451(c)(5)(E) ) is amended by striking and 2112, and inserting and 2101(d) . (7) Section 653(b)(3) ( 20 U.S.C. 1453(b)(3) ) is amended by striking and 2112, and inserting and 2101(d), . (8) Section 654 ( 20 U.S.C. 1454 ) is amended— (A) in subsection (a)— (i) in paragraph (1)(B), by striking challenging State student academic achievement and functional standards and with the requirements for professional development, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and inserting challenging State academic achievement standards and with the requirements for professional development, as defined in section 8101 of such Act ; and (ii) in paragraph (5)(A), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (B) in subsection (b)(10), by inserting (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) after 1965 . (9) Section 662(b)(2)(A)(viii) ( 20 U.S.C. 1462(b)(2)(A)(viii) ) is amended by striking section 7113(d)(1)(A)(ii) and inserting section 6113(d)(1)(A)(ii) . (10) Section 663(b)(2) ( 20 U.S.C. 1463(b)(2) ) is amended by striking and inserting the following: (2) improving the alignment, compatibility, and development of valid and reliable assessments and alternate assessments for assessing student academic achievement, as described under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965; . (11) Section 681(d)(3)(K) ( 20 U.S.C. 1481(d)(3)(K) ) is amended by striking payments under title VIII of the Elementary and Secondary Education Act of 1965; and inserting payments under title VII of the Elementary and Secondary Education Act of 1965; . (tt) National Security Act of 1947 Section 1015(2)(A) of the National Security Act of 1947 ( 50 U.S.C. 441j-4(2)(A) ) is amended by striking section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) )); and inserting section 8101 of the Elementary and Secondary Education Act of 1965); . (uu) Internal Revenue Code of 1986 The Internal Revenue Code of 1986 is amended as follows: (1) Section 54E(d)(2) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 457(e)(11)(D)(ii)(I) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (3) Section 1397E(d)(4)(B) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (vv) James Madison Memorial Fellowship Act Section 815(4) of the James Madison Memorial Fellowship Act ( 20 U.S.C. 4514(4) ) is amended by striking 9101 and inserting 8101 . (ww) John Warner National Defense Authorization Act for Fiscal Year 2007 Section 572(c) of the National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 ; 120 Stat. 2226) is amended by striking section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (xx) Legislative Branch Appropriations Act, 1987 Section 104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as incorporated by reference in section 101(j) of Public Law 99–500 and Public Law 99–591 ) ( 2 U.S.C. 5540(3)(B)(ii) ) is amended by striking given such terms in section 9101 and inserting given the terms elementary school and secondary school in section 8101 . (yy) Legislative Branch Appropriations Act, 1997 Section 5(d)(1) of the Legislative Branch Appropriations Act, 1997 ( 2 U.S.C. 66319(d)(1) ) is amended by striking public elementary or secondary school as such terms are defined in section 9101 and inserting elementary school or secondary school, as such terms are defined in section 8101 . (zz) McKinney-Vento Homeless Assistance Act Section 725(3) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(3) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (aaa) Museum and Library Services Act The Museum and Library Services Act ( 20 U.S.C. 9161 et seq. ) is amended as follows: (1) Section 204(f) ( 20 U.S.C. 9103(f) ) is amended by striking paragraph (1) and inserting the following: (1) activities under section 2226 of the Elementary and Secondary Education Act of 1965; . (2) Section 224(b)(6)(A) ( 20 U.S.C. 9134(b)(6)(A) ) is amended by striking including coordination with the activities within the State that are supported by a grant under section 1251 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6383 ) and inserting including coordination with the activities within the State that are supported by a grant under section 2226 of the Elementary and Secondary Education Act of 1965 . (3) Section 261 ( 20 U.S.C. 9161 ) is amended by striking represent Native Hawaiians (as the term is defined in section 7207 of the Native Hawaiian Education Act and inserting represent Native Hawaiians (as the term is defined in section 6207 of the Native Hawaiian Education Act) . (4) Section 274(d) ( 20 U.S.C. 9173(d) ) is amended by striking represent Native Hawaiians (as defined in section 7207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 )), and inserting represent Native Hawaiians (as defined in section 6207 of the Native Hawaiian Education Act), . (bbb) National and Community Service Act of 1990 The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq. ) is amended as follows: (1) Section 101 ( 42 U.S.C. 12511 ) is amended— (A) in paragraph (15), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (B) in paragraph (24), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (C) in paragraph (39), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (D) in paragraph (45), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 112(a)(1)(F) ( 42 U.S.C. 12523(a)(1)(F) ) is amended by striking not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) and inserting implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 . (3) Section 119(a)(2)(A)(ii)(II) ( 42 U.S.C. 12563 ) is amended by striking the graduation rate (as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) ) and as clarified in applicable regulations promulgated by the Department of Education and inserting the four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (4) Section 122(a)(1) ( 42 U.S.C. 12572(a)(1) ) is amended in subparagraph (C)(iii), by striking secondary school graduation rates as defined in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(vi) ) and as clarified in applicable regulations promulgated by the Department of Education and inserting four-year adjusted cohort graduation rate (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (ccc) National Defense Authorization Act for Fiscal Year 2006 Section 572 of the National Defense Authorization Act for Fiscal Year 2006 ( 20 U.S.C. 7703b ) is amended— (1) in subsection (a)(2), by striking section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(a)(1) ). and inserting section 7003(a)(1) of the Elementary and Secondary Education Act of 1965. ; and (2) in subsection (e)(2), by striking section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ). and inserting section 7013(9) of the Elementary and Secondary Education Act of 1965. . (ddd) National Defense Authorization Act for Fiscal Year 2012 Section 532(a)(1) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 ) ( 10 U.S.C. 503 note; 125 Stat. 1403(a)(1)) is amended by striking (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ). and inserting (as defined in section 8101 of the Elementary and Secondary Education Act of 1965). . (eee) National Defense Authorization Act for Fiscal Year 2014 Section 573 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 ) ( 10 U.S.C. 503 note; 127 Stat. 772) is amended— (1) in subsection (a)(1), by striking (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ), and inserting (as defined in section 8101 of the Elementary and Secondary Education Act of 1965), ; and (2) in subsection (b), by striking (as defined in section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ) and inserting (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (fff) National Environmental Education Act Section 3(5) of the National Environmental Education Act ( 20 U.S.C. 5502(5) ) is amended by striking local educational agency means any education agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency; and inserting local educational agency means any education agency as defined in section 8101 of the Elementary and Secondary Education Act of 1965 and shall include any tribal education agency; . (ggg) National Science Foundation Authorization Act of 2002 The National Science Foundation Authorization Act of 2002 ( Public Law 107–368 ; 116 Stat. 3034) is amended as follows: (1) Section 4 ( 42 U.S.C. 1862n note) is amended— (A) in paragraph (3), by striking The term community college has the meaning given such term in section 3301(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7011(3) ) and inserting The term community college means an institution of higher education as defined in section 101 of the Higher Education Act of 1965 that provides not less than a 2-year degree that is acceptable for full credit toward a bachelor’s degree, including institutions of higher education receiving assistance under the Tribally Controlled College or University Assistance Act of 1978 ; (B) in paragraph (5), by striking section 9101(18) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(18) ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (C) in paragraph (10), by striking section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (D) in paragraph (13), by striking section 9101(38) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(38) ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (E) in paragraph (15), by striking section 9101(41) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(41) ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 9 ( 42 U.S.C. 1862n ) is amended— (A) in subsection (a)(10)(A)(iii) in subclause (III), by striking (as described in section 1114(a)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314(a)(1) ) and inserting (as described in section 1114(a)(1)(A)) ; and (B) in subsection (c)(4), by striking the program authorized under part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) and inserting other programs with similar purposes . (hhh) National Security Act of 1947 Section 1015(2)(A) of the National Security Act of 1947 ( 50 U.S.C. 3205(2)(A) ) is amended by striking (as that term is defined in section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) )) and inserting (as that term is defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (iii) Native American Languages Act Section 103 of the Native American Languages Act ( 25 U.S.C. 2902 ) is amended— (1) in paragraph (2), by striking section 7151(3) of the Elementary and Secondary Education Act of 1965 and inserting section 6151(3) of the Elementary and Secondary Education Act of 1965 ; and (2) in paragraph (3), by striking section 7207 of the Elementary and Secondary Education Act of 1965 and inserting section 6207 of the Elementary and Secondary Education Act of 1965 . (jjj) Native Hawaiian Health Care Improvement Act Section 6(c)(4) of the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11705(c)(4) ) is amended by striking private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7512(16) ) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7207 of that Act ( 20 U.S.C. 7517 )) first and to others and inserting private educational organization identified in section 7202(16) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 6207 of the Elementary and Secondary Education Act of 1965) first and to others . (kkk) Public Health Service Act The Public Health Service Act is amended as follows: (1) Section 319C–1(b)(2)(A)(vii) (42 U.S.C. 247d–3a(b)(2)(A)(vii)) is amended by striking including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965) and inserting including State educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (2) Section 399L(d)(3)(A) ( 42 U.S.C. 280g(d)(3)(A) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (3) Section 520E(l)(2) ( 42 U.S.C. 290bb–36(l)(2) ) is amended by striking elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (lll) Refugee Education Assistance Act of 1980 Section 101(1) of the Refugee Education Assistance Act of 1980 ( 8 U.S.C. 1522 note) is amended by striking such terms under section 9101 of the Elementary and Secondary Education Act of 1965 and inserting such terms under section 8101 of the Elementary and Secondary Education Act of 1965 . (mmm) Rehabilitation Act of 1973 The Rehabilitation Act of 1973 ( 29 U.S.C. 701 et seq. ) is amended as follows: (1) Section 202(b)(4)(A)(i) ( 29 U.S.C. 762(b)(4)(A)(i) ) is amended by striking (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); and and inserting (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and . (2) Section 206 ( 29 U.S.C. 766 ) is amended by striking (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) and inserting (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (3) Section 504(b)(2)(B) ( 29 U.S.C. 794(b)(2)(B) ) is amended by striking (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) . (4) (A) Section 511(b)(2) ( 29 U.S.C. 794g(b)(2) ), as added by section 458 of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ; 128 Stat. 1676), is amended by striking local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) or a State educational agency (as defined in such section) and inserting local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) or a State educational agency (as defined in such section) . (B) The amendment made by subparagraph (A) shall take effect on the same date as section 458(a) of the Workforce Innovation and Opportunity Act ( Public Law 113–128 ; 128 Stat. 1676) takes effect, and as if enacted as part of such section. (nnn) Richard B. Russell National School Lunch Act The Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) is amended in section 12(d)(4) ( 42 U.S.C. 1769a(d)(4) ) by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (ooo) Safe Drinking Water Act Section 1461 of the Safe Drinking Water Act ( 42 U.S.C. 300j–21(3) ) is amended— (1) in paragraph (3), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (2) in paragraph (6), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (ppp) Scholarships for Opportunity and Results Act The Scholarships for Opportunity and Results Act (division C of Public Law 112–10 ; sec. 38–1853.01 et seq., D.C. Official Code) is amended as follows: (1) In section 3003 (sec. 38–1853.03, D.C. Official Code), by striking identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ) and inserting implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 . (2) In section 3006(1)(A) (sec. 38–1853.06(1)(A), D.C. Official Code), by striking identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ) and inserting implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 . (3) In section 3007 (sec. 38–1853.07, D.C. Official Code)— (A) in subsection (a)(4)(F), by striking ensures that, with respect to core academic subjects (as such term is defined in section 9101(11) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(11) ) and inserting ensures that, with respect to core academic subjects (as such term was defined in section 9101(11) of the Elementary and Secondary Act of 1965 ( 20 U.S.C. 7801(11) ) on the day before the date of enactment of the Every Student Succeeds Act) ; and (B) in subsection (d), by striking identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316 ) and inserting implementing comprehensive support and improvement activities or targeted support and improvement activities under section 1111(d) of the Elementary and Secondary Education Act of 1965 . (4) In section 3013 (sec. D.C. Code 38–1853.13, D.C. Official Code)— (A) in paragraph (5), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (B) in paragraph (8), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (qqq) Social Security Act The Social Security Act ( 42 U.S.C. 301 et seq. ) is amended as follows: (1) Section 475(1)(G)(ii)(I) ( 42 U.S.C. 675(1)(G)(ii)(I) ) is amended by striking local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965) and inserting local educational agencies (as defined under section 8101 of the Elementary and Secondary Education Act of 1965) . (2) Section 2110(c)(9)(B)(v) ( 42 U.S.C. 1397jj(c)(9)(B)(v) ) is amended by striking as defined under section 9101 of the Elementary and Secondary Education Act of 1965 and inserting as defined under section 8101 of the Elementary and Secondary Education Act of 1965 . (rrr) State Dependent Care Development Grants Act Section 670G(6) of the State Dependent Care Development Grants Act ( 42 U.S.C. 9877(6) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (sss) Stevenson-Wydler Technology Innovation Act of 1980 Section 5(c)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3704(c)(8) ) is amended— (1) in subparagraph (D), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (2) in subparagraph (G), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (3) in subparagraph (H), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (ttt) Telecommunications Act of 1996 Section 706(d)(2) of the Telecommunications Act of 1996 ( 47 U.S.C. 1302(d)(2) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (uuu) Title 10, United States Code Title 10, United States Code, is amended as follows: (1) Section 503 of title 10, United States Code, is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 1154(a) of title 10, United States Code, is amended— (A) in paragraph (1), by striking section 5210(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7221i(1) ) and inserting section 4310 of the Elementary and Secondary Education Act of 1965 ; (B) in paragraph (3)(C), by striking section 6211(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7345(b) ) and inserting section 5211(b) of the Elementary and Secondary Education Act of 1965 ; and (C) in paragraph (8), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (3) Section 2008 of title 10, United States Code, is amended by striking section 8013(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(3) ), or to carry out section 8008 of such Act ( 20 U.S.C. 7708 ) and inserting section 7013(3) of the Elementary and Secondary Education Act of 1965, or to carry out section 7008 of such Act . (4) Section 2194(f)(2) of title 10, United States Code, is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (vvv) Title 23, United States Code Section 504(d)(4) of title 23, United States Code, is amended— (1) in subparagraph (B), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (2) in subparagraph (C), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (www) Title 40, United States Code Section 502(c)(3)(C) of title 40, United States Code, is amended by striking section 8013 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713 ) and inserting section 7013 of the Elementary and Secondary Education Act of 1965 . (xxx) Toxic Substances Control Act The Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. ) is amended as follows: (1) Section 202 ( 15 U.S.C. 2642 ) is amended— (A) in paragraph (7), by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; (B) in paragraph (9), by striking any elementary or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) and inserting any elementary school or secondary school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965) ; and (C) in paragraph (12), by striking elementary or secondary school as defined in section 9101 of the Elementary and Secondary Education Act of 1965 and inserting elementary school or secondary school as defined in section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 302(1) ( 15 U.S.C. 2662(1) ) is amended by striking section 9101 of the Elementary and Secondary Education Act of 1965 and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (yyy) Workforce Innovation and Opportunity Act The Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) is amended as follows: (1) Section 3 ( 29 U.S.C. 3102 ) is amended— (A) in paragraph (34), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 ; and (B) in paragraph (55), by striking section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) and inserting section 8101 of the Elementary and Secondary Education Act of 1965 . (2) Section 102(b)(2)(D)(ii)(I) ( 29 U.S.C. 3112(b)(2)(D)(ii)(I) ) is amended by striking with State-adopted challenging academic content standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ) and inserting with challenging State academic standards, as adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ) . (3) Section 129(c)(1)(C) ( 29 U.S.C. 3164(c)(1)(C) ) is amended by striking (based on State academic content and student academic achievement standards established under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 )) and inserting (based on challenging State academic standards established under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ) . (4) Section 166(b)(3) ( 29 U.S.C. 3221(b)(3) ) is amended by striking section 7207 of the Native Hawaiian Education Act ( 20 U.S.C. 7517 ). and inserting section 6207 of the Native Hawaiian Education Act. .

Speaker of the House of Representatives Vice President of the United States and President of the Senate