Every Student Succeeds Act
PL 114-95 (S.1177), enacted 12/10/2015

129 STAT. 1802 
PUBLIC LAW 114–95—DEC. 10, 2015 
Public Law 114–95 
114th Congress 
An Act 
To reauthorize the Elementary and Secondary Education Act of 1965 to ensure 
that every child achieves. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Every Student Succeeds Act’’. 
SEC. 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. 
Every Student 
Succeeds Act. 
20 USC 6301 
note. 
Dec. 10, 2015 
[S. 1177] 
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129 STAT. 1803 
PUBLIC LAW 114–95—DEC. 10, 2015 
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. 
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129 STAT. 1804 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 sec-
ondary 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 infor-
mation. 
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 edu-
cation. 
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 re-
ports. 
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. 
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129 STAT. 1805 
PUBLIC LAW 114–95—DEC. 10, 2015 
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. 
SEC. 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.). 
SEC. 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 Edu-
cation 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 Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended 
by this Act, shall continue to receive funds in accord-
ance 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 Edu-
cation Act of 1965 (20 U.S.C. 6301 et seq.), as amended 
by this Act, shall continue to receive funds in accord-
ance with the terms of such prior award. 
(B) AUTHORIZED PROGRAMS.—Except as otherwise pro-
vided 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 Edu-
cation 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 pro-
gram 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 author-
ized under the Elementary and Secondary Education Act of 1965 
20 USC 6301 
note. 
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129 STAT. 1806 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 enact-
ment of this Act. 
SEC. 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 noncompeti-
tive 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 appro-
priations for use under such programs shall be effective beginning 
on October 1, 2016, except as otherwise provided in such amend-
ments. 
(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 
20 USC 6301 
note. 
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129 STAT. 1807 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 subpara-
graph (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 AGEN-
CIES.—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. 
SEC. 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. 
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129 STAT. 1808 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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. 
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129 STAT. 1809 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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. 
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129 STAT. 1810 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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 enroll-
ment 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. 
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129 STAT. 1811 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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. 
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129 STAT. 1812 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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. 
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129 STAT. 1813 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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 sec-
ondary 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 infor-
mation. 
‘‘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 edu-
cation. 
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129 STAT. 1814 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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.’’. 
TITLE I—IMPROVING BASIC PROGRAMS 
OPERATED BY STATE AND LOCAL 
EDUCATIONAL AGENCIES 
PART A—IMPROVING BASIC PROGRAMS OPER-
ATED BY STATE AND LOCAL EDUCATIONAL 
AGENCIES 
SEC. 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. 
SEC. 1001. STATEMENT OF PURPOSE. 
Section 1001 (20 U.S.C. 6301) is amended to read as follows: 
‘‘SEC. 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.’’. 
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 
Section 1002 (20 U.S.C. 6302) is amended to read as follows: 
‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—There are author-
ized to be appropriated to carry out the activities described in 
part A— 
20 USC 6316, 
6317, 6319. 
20 USC 6318. 
20 USC 6320. 
20 USC 6321. 
20 USC 6322. 
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129 STAT. 1815 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 appro-
priated 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 author-
ized 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.’’. 
SEC. 1003. SCHOOL IMPROVEMENT. 
Section 1003 (20 U.S.C. 6303) is amended to read as follows: 
‘‘SEC. 1003. SCHOOL IMPROVEMENT. 
‘‘(a) STATE RESERVATIONS.—To carry out subsection (b) and 
the State educational agency’s statewide system of technical assist-
ance 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 
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129 STAT. 1816 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 para-
graph (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 edu-
cational 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 tar-
geted 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; 
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129 STAT. 1817 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 deter-
mined 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 edu-
cational agencies in the State, the State educational agency deter-
mines 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 accord-
ance 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 subse-
quent 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.’’. 
SEC. 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: 
‘‘SEC. 1003A. DIRECT STUDENT SERVICES. 
‘‘(a) STATE RESERVATION.— 
‘‘(1) IN GENERAL.— 
20 USC 6303b. 
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129 STAT. 1818 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 com-
prehensive 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 sub-
section (a) by a State educational agency, the State educational 
agency shall award grants to geographically diverse local edu-
cational agencies described in subsection (a)(1)(B)(i). 
‘‘(2) PRIORITY.—In making such awards, the State edu-
cational 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 edu-
cational 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 aca-
demic 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); 
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129 STAT. 1819 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) credit recovery and academic acceleration courses 
that lead to a regular high school diploma; 
‘‘(C) activities that assist students in successfully com-
pleting postsecondary level instruction and examinations 
that are accepted for credit at institutions of higher edu-
cation (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 identi-
fied 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 edu-
cational 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 exer-
cise 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 edu-
cational 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 
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129 STAT. 1820 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 sec-
ular, 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).’’. 
SEC. 1005. STATE PLANS. 
Section 1111 (20 U.S.C. 6311) is amended to read as follows: 
‘‘SEC. 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 edu-
cation (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 
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129 STAT. 1821 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 Tech-
nical 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 Tech-
nical 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 sup-
port 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 dis-
advantaged 
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 edu-
cational 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; 
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129 STAT. 1822 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 pro-
vides the State— 
‘‘(AA) technical assistance to assist 
the State in meeting the requirements of 
this section; 
‘‘(BB) in writing, all peer-review com-
ments, 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 chal-
lenging 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 polit-
ical appointees of the Department, may attempt to partici-
pate in, or influence, the peer-review process. 
‘‘(5) PUBLIC
REVIEW.—All written communications, feed-
back, and notifications under this subsection shall be conducted 
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129 STAT. 1823 
PUBLIC LAW 114–95—DEC. 10, 2015 
in a manner that is transparent and immediately made avail-
able 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 nec-
essary 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 stand-
ards, the requirements of subsection (b)(1), including 
the requirement that such standards need not be sub-
mitted 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 acces-
sible 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 com-
ments 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 
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129 STAT. 1824 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 subpara-
graph (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 stand-
ards, 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 para-
graph. 
‘‘(E) ALTERNATE
ACADEMIC
ACHIEVEMENT
STANDARDS 
FOR
STUDENTS
WITH
THE
MOST
SIGNIFICANT
COGNITIVE 
DISABILITIES.— 
‘‘(i) IN GENERAL.—The State may, through a docu-
mented and validated standards-setting process, adopt 
alternate academic achievement standards for students 
with the most significant cognitive disabilities, pro-
vided those standards— 
‘‘(I) are aligned with the challenging State aca-
demic 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 stu-
dents; 
‘‘(IV) are designated in the individualized edu-
cation 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 stand-
ards is on track to pursue postsecondary education 
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129 STAT. 1825 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 stand-
ards 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 aca-
demic standards. 
‘‘(G) PROHIBITIONS.— 
‘‘(i) STANDARDS
REVIEW
OR
APPROVAL.—A State 
shall not be required to submit any standards devel-
oped 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 subpara-
graph (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 informa-
tion 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 assess-
ments are valid and reliable, consistent with relevant, 
nationally recognized professional and technical testing 
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129 STAT. 1826 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 pur-
pose 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 stu-
dent 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 cog-
nitive disabilities, and students with a disability 
who are provided accommodations under an Act 
other than the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1400 et seq.), necessary to 
measure the academic achievement of such chil-
dren 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 prac-
ticable, 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— 
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129 STAT. 1827 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(I) 
be 
administered 
through 
a 
single 
summative assessment; or 
‘‘(II) be administered through multiple state-
wide 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 lan-
guage 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 stu-
dent in the appropriate language other than English 
for a period that does not exceed 2 additional consecu-
tive years, provided that such student has not yet 
reached a level of English language proficiency suffi-
cient 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 edu-
cational agencies and schools, so that parents, teachers, 
principals, other school leaders, and administrators can 
interpret and address the specific academic needs of 
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129 STAT. 1828 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 stu-
dent from the assessment in mathematics described in 
subparagraph (B)(v)(I)(aa) if— 
‘‘(i) such student takes the end-of-course assess-
ment the State typically administers to meet the 
requirements of subparagraph (B)(v)(I)(bb) in mathe-
matics; 
‘‘(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 subpara-
graph (B)(v)(I)(aa), and such student is counted as 
participating in the assessment for purposes of sub-
section (c)(4)(B)(vi); and 
‘‘(iii) in high school, such student takes a mathe-
matics 
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 assess-
ment 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 ALTER-
NATE
ACADEMIC
ACHIEVEMENT
STANDARDS.—A State 
may provide for alternate assessments aligned with 
the challenging State academic standards and alter-
nate 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 assess-
ments 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 Individ-
uals with Disabilities Education Act (20 U.S.C. 
1414(d)(1)(A)))— 
‘‘(aa) that their child’s academic achieve-
ment will be measured based on such alternate 
standards; and 
‘‘(bb) how participation in such assess-
ments may delay or otherwise affect the stu-
dent from completing the requirements for a 
regular high school diploma; 
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129 STAT. 1829 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 appro-
priate staff— 
‘‘(aa) know how to administer the alter-
nate assessments; and 
‘‘(bb) make appropriate use of accommoda-
tions for students with disabilities on all 
assessments required under this paragraph; 
‘‘(VI) develops, disseminates information on, 
and promotes the use of appropriate accommoda-
tions 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 aca-
demic 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 individual-
ized 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, con-
sistent 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 partici-
pate 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 alter-
nate 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 justi-
fying the need to exceed such cap. 
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129 STAT. 1830 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 aca-
demic standards, and academic assessments aligned with 
such standards, which will be applicable to all students 
enrolled in the State’s public elementary schools and sec-
ondary 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 sub-
section, 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 aca-
demic 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 linguis-
tically 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 man-
date a specific academic assessment or mode of instruc-
tion. 
‘‘(G) 
ASSESSMENTS
OF
ENGLISH
LANGUAGE
PRO-
FICIENCY.— 
‘‘(i) IN
GENERAL.—Each State plan shall dem-
onstrate that local educational agencies in the State 
will provide for an annual assessment of English pro-
ficiency of all English learners in the schools served 
by the State educational agency. 
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129 STAT. 1831 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 nation-
ally-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 aca-
demic assessments that are available for local selection 
under clause (i), a State educational agency shall estab-
lish technical criteria to determine if any such assess-
ment 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 edu-
cational agency under clause (ii); 
‘‘(II) submit evidence in accordance with sub-
section (a)(4) that demonstrates such assessment 
meets the requirements of clause (v); and 
‘‘(III) after fulfilling the requirements of sub-
clauses (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 subse-
quently requests to use such assessment without 
repeating the process described in subclauses (I) 
and (II) of clause (iii). 
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129 STAT. 1832 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 para-
graph (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 sub-
section (c)(2), with results expressed in terms con-
sistent with the State’s academic achievement 
standards under paragraph (1), among all local 
educational agencies within the State; 
‘‘(III) meet the requirements for the assess-
ments under subparagraph (B) of this paragraph, 
including technical criteria, except the requirement 
under clause (i) of such subparagraph; and 
‘‘(IV) provide unbiased, rational, and con-
sistent 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 admin-
istering 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 develop-
ment, 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 assess-
ments meet the requirements of this paragraph, except 
that— 
‘‘(I) subparagraph (B)(i) shall not be inter-
preted to require that all students taking the com-
puter adaptive assessment be administered the 
same assessment items; and 
‘‘(II) such assessment— 
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129 STAT. 1833 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 account-
ability system under subsection (c). 
‘‘(ii) STUDENTS WITH THE MOST SIGNIFICANT COG-
NITIVE DISABILITIES AND ENGLISH LEARNERS.—In devel-
oping and administering computer adaptive assess-
ments— 
‘‘(I) as the assessments allowed under subpara-
graph (D), a State shall ensure that such computer 
adaptive assessments— 
‘‘(aa) meet the requirements of this para-
graph, 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 para-
graph, 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 pro-
ficiency, which may include growth towards 
such proficiency, in order to measure the stu-
dent’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 Fed-
eral or State requirements related to assessments, evalua-
tions, 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 assess-
ments 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— 
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129 STAT. 1834 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(I) such an English learner from one adminis-
tration 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 pur-
poses 
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 para-
graph (2)(B)(v)(I) in each year of the student’s enroll-
ment in such a school; and 
‘‘(II) for the purposes of the State-determined 
accountability system— 
‘‘(aa) for the first year of the student’s enroll-
ment 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 sub-
groups 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 state-
wide accountability system that complies with the requirements 
of this subsection and subsection (d). 
‘‘(2) SUBGROUP OF STUDENTS.—In this subsection and sub-
section (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 sub-
group 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 statis-
tically sound, which shall be the same State-deter-
mined number for all students and for each subgroup 
of students in the State; 
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129 STAT. 1835 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 deter-
mining such minimum number; and 
‘‘(iii) how the State ensures that such minimum 
number is sufficient to not reveal any personally identi-
fiable information. 
‘‘(4) DESCRIPTION OF SYSTEM.—The statewide accountability 
system described in paragraph (1) shall be based on the chal-
lenging State academic standards for reading or language arts 
and mathematics described in subsection (b)(1) to improve stu-
dent 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 sub-
group 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 sepa-
rately for each subgroup of students, the following indica-
tors: 
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129 STAT. 1836 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 meas-
ured 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 aca-
demic indicator that allows for meaningful dif-
ferentiation 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 state-
wide (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. 
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129 STAT. 1837 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(C) ANNUAL
MEANINGFUL
DIFFERENTIATION.—Estab-
lish 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, con-
sistent 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 uti-
lized 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 under-
performing, 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 subpara-
graph (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 sup-
port and improvement, as described in subsection 
(d)(1), which shall include— 
‘‘(I) not less than the lowest-performing 5 per-
cent 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 state-
wide 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. 
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129 STAT. 1838 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(F) PARTIAL ATTENDANCE.—(i) In the case of a student 
who has not attended the same school within a local edu-
cational 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 account-
ability 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 edu-
cational agency in the State of any school served by the 
local educational agency that is identified for comprehen-
sive support and improvement under subsection (c)(4)(D)(i). 
‘‘(B) LOCAL
EDUCATIONAL
AGENCY
ACTION.—Upon 
receiving such information from the State, the local edu-
cational agency shall, for each school identified by the 
State and in partnership with stakeholders (including prin-
cipals 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 sub-
section (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 implementa-
tion of such comprehensive support and improvement 
plan; 
‘‘(v) is approved by the school, local educational 
agency, and State educational agency; and 
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129 STAT. 1839 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(vi) upon approval and implementation, is mon-
itored and periodically reviewed by the State edu-
cational 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 aca-
demic 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 edu-
cational agency shall give priority to the lowest- 
achieving children from low-income families, as deter-
mined 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 edu-
cational 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 
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129 STAT. 1840 
PUBLIC LAW 114–95—DEC. 10, 2015 
agency in which any subgroup of students is consist-
ently 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 sub-
group or subgroups of students in such school are 
consistently underperforming as described in sub-
section (c)(4)(C)(iii). 
‘‘(B) TARGETED
SUPPORT
AND
IMPROVEMENT
PLAN.— 
Each school receiving a notification described in this para-
graph, in partnership with stakeholders (including prin-
cipals 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 estab-
lished under subsection (c)(4), for each subgroup of students 
that was the subject of notification that— 
‘‘(i) is informed by all indicators described in sub-
section (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 sub-
section (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 sub-
section (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
EDU-
CATIONAL
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— 
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129 STAT. 1841 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(I) schools identified by the State for com-
prehensive support and improvement under sub-
section (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 com-
prehensive support and improvement under sub-
section (c)(4)(D)(i)(III); 
‘‘(ii) periodically review resource allocation to sup-
port 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 imple-
menting targeted support and improvement plans 
under paragraph (2); and 
‘‘(iii) provide technical assistance to each local edu-
cational agency in the State serving a significant 
number of— 
‘‘(I) schools implementing comprehensive sup-
port 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 comprehen-
sive 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 imple-
menting 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 other-
wise 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.— 
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129 STAT. 1842 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 sub-
groups of students in meeting such goals; 
‘‘(II) specific academic assessments or assess-
ment items that States or local educational agen-
cies use to meet the requirements of subsection 
(b)(2) or otherwise use to measure student aca-
demic 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 improve-
ment 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 
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129 STAT. 1843 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 require-
ments 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 Sec-
retary 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 dis-
proportionate rates by ineffective, out-of-field, or inexperi-
enced 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; 
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129 STAT. 1844 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 agen-
cies 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 agen-
cies 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 edu-
cational 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 Chil-
dren 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 chal-
lenging State academic standards. 
‘‘(2) ASSURANCES.—Each State plan shall contain assur-
ances 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); 
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129 STAT. 1845 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) the State educational agency will notify local edu-
cational 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 admin-
istering such assessments; 
‘‘(E) the State educational agency will modify or elimi-
nate 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 evi-
dence-based strategies and programs to improve teaching, 
learning, and schools; 
‘‘(I) the State educational agency has appropriate proce-
dures 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 sup-
ported 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 activi-
ties 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 para-
professionals working in a program supported with funds 
under this part, including qualifications that were in place 
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129 STAT. 1846 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 sub-
section (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 indi-
vidual 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 edu-
cational 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— 
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129 STAT. 1847 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 par-
ents 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 sub-
section (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 dif-
ferentiating all public schools in the State, 
including— 
‘‘(aa) the specific weight of the indicators 
described in subsection (c)(4)(B) in such dif-
ferentiation; 
‘‘(bb) the methodology by which the State 
differentiates all such schools; 
‘‘(cc) the methodology by which the State 
differentiates a school as consistently under-
performing 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 sub-
section (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. 
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129 STAT. 1848 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 sub-
section (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 sec-
ondary 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 pro-
ficiency. 
‘‘(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 suc-
cess 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 edu-
cational 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 Edu-
cation 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 
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129 STAT. 1849 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(II) the number and percentage of students 
enrolled in— 
‘‘(aa) preschool programs; and 
‘‘(bb) accelerated coursework to earn post-
secondary 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 pre-
sented 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 expendi-
tures 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 car-
ried out under section 303(b)(3) of the National Assess-
ment 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 stu-
dents who graduate from the high school enroll, for 
the first academic year that begins after the students’ 
graduation— 
‘‘(I) in programs of public postsecondary edu-
cation 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 postsec-
ondary 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 
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129 STAT. 1850 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 subpara-
graph (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 edu-
cational 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 deter-
mined 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 edu-
cational 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 edu-
cational 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, 
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129 STAT. 1851 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 stu-
dents, 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 agen-
cies, 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 pro-
ficiency 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 improve-
ment 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 provi-
sional 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 col-
lected 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 pri-
vacy of individuals consistent with section 444 of the General 
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129 STAT. 1852 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 person-
ally identifiable information about any student, teacher, prin-
cipal, 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 devel-
oped 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 appro-
priate 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 assess-
ment and other academic indicators that meet the requirements 
of this section. 
‘‘(3) Each such school that is accredited by a tribal accred-
iting agency or tribal division of education shall use an assess-
ment 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.’’. 
SEC. 1006. LOCAL EDUCATIONAL AGENCY PLANS. 
Section 1112 (20 U.S.C. 6312) is amended to read as follows: 
‘‘SEC. 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— 
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129 STAT. 1853 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) is developed with timely and meaningful consulta-
tion with teachers, principals, other school leaders, para-
professionals, specialized instructional support personnel, 
charter school leaders (in a local educational agency that 
has charter schools), administrators (including administra-
tors 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 sub-
mitted 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 periodi-
cally 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 pro-
gram of instruction to meet the academic needs of all 
students; 
‘‘(B) identifying students who may be at risk for aca-
demic failure; 
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129 STAT. 1854 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(C) providing additional educational assistance to indi-
vidual students the local educational agency or school deter-
mines 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 delin-
quent 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 sec-
tion 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 edu-
cational 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 postsec-
ondary 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 stu-
dents from the classroom, which may include identifying and 
supporting schools with high rates of discipline, disaggregated 
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129 STAT. 1855 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 con-
tent through coordinated instructional strategies, that may 
incorporate experiential learning opportunities and pro-
mote 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 appro-
priate 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, Amer-
ican 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 
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129 STAT. 1856 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) by not later than 1 year after the date of enact-
ment of the Every Student Succeeds Act, develop and imple-
ment clear written procedures governing how transpor-
tation 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 Secu-
rity Act (42 U.S.C. 675(4)(A)); and 
‘‘(ii) ensure that, if there are additional costs 
incurred in providing transportation to maintain chil-
dren 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 edu-
cation services to low-income children below the age of compul-
sory 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 Serv-
ices 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 sub-
section (taking into consideration existing State and local laws, 
and local teacher contracts), including by pursuing the avail-
ability 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 
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129 STAT. 1857 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 qualifica-
tion 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 para-
professionals 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 avail-
able, 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), informa-
tion regarding any State or local educational agency policy 
regarding student participation in any assessments man-
dated by section 1111(b)(2) and by the State or local edu-
cational 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 subpara-
graph (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 assess-
ment 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; 
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129 STAT. 1858 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(ii) the purpose for which the assessment is 
designed and used; 
‘‘(iii) the source of the requirement for the assess-
ment; 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 edu-
cational agency shall determine how to make the informa-
tion 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 identi-
fied 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 pro-
gram 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 con-
tent, 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 
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129 STAT. 1859 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 instruc-
tion, if available; and 
‘‘(III) assisting parents in selecting among var-
ious 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 par-
ents can— 
‘‘(I) be involved in the education of their chil-
dren; 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 effec-
tive means of outreach to parents under clause (i) 
shall include holding, and sending notice of opportuni-
ties 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 pro-
vided to parents under this subsection shall be in an under-
standable and uniform format and, to the extent practicable, 
provided in a language that the parents can understand.’’. 
SEC. 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 fol-
lowing: 
‘‘(3) RANKING ORDER.— 
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129 STAT. 1860 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 fol-
lowing: 
‘‘(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 subpara-
graph (C), an accurate estimate of the number of stu-
dents 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 subpara-
graph (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.’’; 
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129 STAT. 1861 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 fol-
lowing: 
‘‘(3) RESERVATION OF FUNDS.— 
‘‘(A) IN
GENERAL.—A local educational agency shall 
reserve such funds as are necessary under this part, deter-
mined 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 pro-
viding educationally related support services to chil-
dren in shelters and other locations where children 
may live; 
‘‘(ii) children in local institutions for neglected chil-
dren; 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 trans-
fers 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 pursu-
ant 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.’’. 
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129 STAT. 1862 
PUBLIC LAW 114–95—DEC. 10, 2015 
SEC. 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 disabil-
ities 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 pro-
grams 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, serv-
ices to private school children, comparability of services, 
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129 STAT. 1863 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 con-
sultation 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 con-
tinue to operate such program, but shall develop amend-
ments 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, adminis-
trators (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 commu-
nity, and, if appropriate, specialized instructional support per-
sonnel, 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 partici-
pation under this part, except that the plan and its implementa-
tion 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 coordina-
tion and integration with other Federal, State, and local serv-
ices, resources, and programs, such as programs supported 
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129 STAT. 1864 
PUBLIC LAW 114–95—DEC. 10, 2015 
under this Act, violence prevention programs, nutrition pro-
grams, housing programs, Head Start programs, adult edu-
cation 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 aca-
demic achievement of children in relation to the challenging 
State academic standards, particularly the needs of those chil-
dren 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 serv-
ices, mentoring services, and other strategies to 
improve students’ skills outside the academic sub-
ject 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 post-
secondary credit while still in high school (such 
as Advanced Placement, International Bacca-
laureate, 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 
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129 STAT. 1865 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 pro-
gram 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 pro-
grams 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.’’. 
SEC. 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 pro-
grams 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 sub-
sections so as to appear in alphabetical order; 
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129 STAT. 1866 
PUBLIC LAW 114–95—DEC. 10, 2015 
(3) by striking subsection (b), as redesignated by paragraph 
(2), and inserting the following: 
‘‘(b) TARGETED ASSISTANCE SCHOOL PROGRAM.—To assist tar-
geted 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 chil-
dren 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 opportuni-
ties; and 
‘‘(ii) a schoolwide tiered model to prevent and 
address behavior problems, and early intervening serv-
ices, 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 edu-
cation program, which may include services to assist pre-
school children in the transition from early childhood edu-
cation 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 involve-
ment 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 pro-
grams, Head Start programs, adult education programs, 
career and technical education programs, and comprehen-
sive 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 cur-
riculum; 
‘‘(ii) minimize the removal of children from the 
regular classroom during regular school hours for 
instruction provided under this part; and 
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129 STAT. 1867 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(iii) on an ongoing basis, review the progress of 
eligible children and revise the targeted assistance pro-
gram under this section, if necessary, to provide addi-
tional 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 aca-
demic achievement standards’’ and inserting ‘‘the chal-
lenging State academic standards’’; and 
(ii) by striking ‘‘such criteria as teacher judgment, 
interviews with parents, and developmentally appro-
priate 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 assist-
ance program under this section may be delivered by nonprofit 
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129 STAT. 1868 
PUBLIC LAW 114–95—DEC. 10, 2015 
or for-profit external providers with expertise in using evidence- 
based or other effective strategies to improve student achievement.’’. 
SEC. 1010. PARENT AND FAMILY ENGAGEMENT. 
Section 1116, as redesignated by section 1000(2), is amended— 
(1) in the section heading, by striking ‘‘PARENTAL INVOLVE-
MENT’’ 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 exper-
tise 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 par-
ents and family members, an annual evaluation of the 
content and effectiveness of the parent and family engage-
ment 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 disadvan-
taged, are disabled, have limited English proficiency, 
have limited literacy, or are of any racial or ethnic 
minority background); 
20 USC 6318. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 subpara-
graph (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 rep-
resent 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 mem-
bers 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 subpara-
graph (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 edu-
cational agency and school personnel regarding parent 
and family engagement strategies, which may be pro-
vided jointly to teachers, principals, other school 
leaders, specialized instructional support personnel, 
paraprofessionals, early childhood educators, and par-
ents and family members. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 mem-
bers. 
‘‘(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 appro-
priate 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 ‘‘dis-
tribute 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 stand-
ards’’; 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 
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129 STAT. 1871 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 communica-
tion 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 per-
sonnel, 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 Instruc-
tion Programs for Preschool Youngsters, the Parents as 
Teachers Program, and public preschool and other pro-
grams,’’ and inserting ‘‘other Federal, State, and local pro-
grams, 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 par-
ents 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’’. 
SEC. 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 fol-
lowing: 
20 USC 6320. 
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129 STAT. 1872 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 bene-
fits under this part (such as dual or concurrent enrollment, 
educational radio and television, computer equipment and 
materials, other technology, and mobile educational serv-
ices 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 fol-
lowing: 
‘‘(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 des-
ignate an ombudsman to monitor and enforce the require-
ments of this part.’’; 
(C) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(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 allo-
cated 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 expendi-
tures or transfers by the local educational agency. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allocated to a local 
educational agency for educational services and other bene-
fits 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 
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129 STAT. 1873 
PUBLIC LAW 114–95—DEC. 10, 2015 
allocation of funds for educational services and other bene-
fits 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 subpara-
graph (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 pri-
vate 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, serv-
ices 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 pro-
vide services to eligible private school children participating 
in programs.’’; 
(B) by redesignating paragraphs (2) through (5) as 
paragraphs (3) through (6), respectively; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(C) by inserting after paragraph (1) the following: 
‘‘(2) DISAGREEMENT.—If a local educational agency dis-
agrees 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 pro-
vide the option for private school officials to indicate 
such officials’ belief that timely and meaningful con-
sultation 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 edu-
cational 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 edu-
cational agency shall provide services under this section 
directly or through contracts with public or private agen-
cies, organizations, or institutions, if the appropriate pri-
vate 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’’. 
SEC. 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: 
20 USC 6321. 
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129 STAT. 1875 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON- 
FEDERAL FUNDS.— 
‘‘(1) IN GENERAL.—A State educational agency or local edu-
cational 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 para-
graph (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 other-
wise 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 sup-
ported under this part is supplemental; or 
‘‘(B) provide services under this part through a par-
ticular 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 con-
strued 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.’’. 
SEC. 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 pro-
gram’’; 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 pro-
gram’’ and inserting ‘‘early childhood education program’’; 
(C) in paragraph (2), by striking ‘‘early childhood 
development programs such as the Early Reading First 
20 USC 6322. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
program’’ and inserting ‘‘early childhood education pro-
grams’’; 
(D) in paragraph (3), by striking ‘‘early childhood 
development programs such as the Early Reading First 
program’’ and inserting ‘‘early childhood education pro-
grams’’; 
(E) in paragraph (4)— 
(i) by striking ‘‘Early Reading First program staff,’’; 
and 
(ii) by striking ‘‘early childhood development pro-
gram’’ and inserting ‘‘early childhood education pro-
gram’’; and 
(F) in paragraph (5), by striking ‘‘and entities carrying 
out Early Reading First programs’’. 
SEC. 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: 
‘‘SEC. 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 Sec-
retary 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 condi-
tions 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 sub-
section 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 chil-
dren 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 edu-
cational 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 applica-
tion 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.’’. 
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129 STAT. 1878 
PUBLIC LAW 114–95—DEC. 10, 2015 
SEC. 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 determina-
tion 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.’’. 
SEC. 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 EDU-
CATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.— 
Pursuant’’. 
SEC. 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 sec-
tion 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 appropria-
tions’’ and inserting ‘‘the total amount reserved under sec-
tion 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 favor-
able to the State) for 1 or more of the 5 immediately 
preceding fiscal years. 
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129 STAT. 1879 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 subpara-
graph (A), by striking ‘‘shall be’’ and inserting ‘‘shall be— 
’’. 
PART B—STATE ASSESSMENT GRANTS 
SEC. 1201. STATE ASSESSMENT GRANTS. 
Part B of title I (20 U.S.C. 6361 et seq.) is amended to read 
as follows: 
‘‘PART B—STATE ASSESSMENT GRANTS 
‘‘SEC. 1201. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVI-
TIES. 
‘‘(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 partner-
ships 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 accommoda-
tions 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). 
20 USC 6361. 
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129 STAT. 1880 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(C) Developing or improving assessments for English 
learners, including assessments of English language pro-
ficiency as required under section 1111(b)(2)(G) and aca-
demic 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 contin-
ued alignment with the challenging State academic stand-
ards and to improve the alignment of curricula and instruc-
tional materials. 
‘‘(F) Developing or improving balanced assessment sys-
tems that include summative, interim, and formative 
assessments, including supporting local educational agen-
cies 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 assess-
ments 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 uni-
versal design for learning. 
‘‘(J) Allowing for collaboration with institutions of 
higher education, other research institutions, or other 
organizations to improve the quality, validity, and reli-
ability of State academic assessments beyond the require-
ments 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 com-
petencies 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 informa-
tion 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 addi-
tional reporting requirements, data elements, or information to 
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129 STAT. 1881 
PUBLIC LAW 114–95—DEC. 10, 2015 
be reported to the Secretary unless such reporting, data, or informa-
tion 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. 
‘‘SEC. 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 ASSESS-
MENTS.— 
‘‘(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— 
20 USC 6362. 
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129 STAT. 1882 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(i) conducts an audit of local assessments adminis-
tered 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 edu-
cational 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 pre-
sented in an accessible and understandable format for 
all stakeholders; 
‘‘(iv) the opportunities, resources, and training 
teachers, principals, other school leaders, and adminis-
trators 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 assess-
ment 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 assess-
ment 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 
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129 STAT. 1883 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(iii) supporting local educational agencies or con-
sortia of local educational agencies to carry out efforts 
to streamline local assessment systems and implement 
a regular process of review and evaluation of assess-
ment 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 stand-
ards. 
‘‘(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 sub-
section to a local educational agency or consortium of such 
agencies may be used to— 
‘‘(A) conduct an audit of local assessments under sub-
section (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 sched-
ules, 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 develop-
ment of classroom-based assessments, interpreting assess-
ment data, and designing instruction; 
‘‘(E) provide for appropriate accommodations to maxi-
mize 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). 
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129 STAT. 1884 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(2) STATE.—The term ‘State’ means each of the 50 States, 
the District of Columbia, and the Commonwealth of Puerto 
Rico. 
‘‘SEC. 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 allo-
cating 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 sub-
section 
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 agen-
cies that have submitted applications described in subpara-
graph (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 require-
ments 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 Sec-
retary 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 consor-
tium, (as determined by the Secretary on the basis of 
20 USC 6363. 
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129 STAT. 1885 
PUBLIC LAW 114–95—DEC. 10, 2015 
the most recent satisfactory data) bears to the total number 
of such students in all States. 
‘‘(2) ALLOTMENTS.—Any amounts remaining after the Sec-
retary 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. 
‘‘SEC. 1204. INNOVATIVE ASSESSMENT AND ACCOUNTABILITY DEM-
ONSTRATION 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 com-
bine into an annual summative determination for a student, 
which may be administered through computer adaptive assess-
ments; and 
‘‘(2) assessments that validate when students are ready 
to demonstrate mastery or proficiency and allow for differen-
tiated student support based on individual learning needs. 
‘‘(b) DEMONSTRATION AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary may provide a State edu-
cational agency, or a consortium of State educational agencies, 
in accordance with paragraph (3), with the authority to estab-
lish 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 sub-
mits 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 demonstra-
tion 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 sub-
section (e); and 
‘‘(B) consortia that include not more than 4 State edu-
cational agencies. 
20 USC 6364. 
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129 STAT. 1886 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(c) PROGRESS REPORT.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the end 
of the initial demonstration period, and prior to providing addi-
tional State educational agencies with demonstration authority, 
the Director of the Institute of Education Sciences, in consulta-
tion 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 partici-
pating 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 feed-
back from teachers, principals, other school leaders, 
and parents about their satisfaction with the innova-
tive 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 devel-
oped in accordance with the requirements of subsection 
(e); and 
‘‘(B) each State with demonstration authority has dem-
onstrated 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 dem-
onstration 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 edu-
cational 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 
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129 STAT. 1887 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 consor-
tium 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 descrip-
tion of the innovative assessment system, the experience the 
applicant has in implementing any components of the innova-
tive 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 com-
petencies 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 incor-
porating 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; 
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129 STAT. 1888 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(viii) identify which students are not making 
progress toward the challenging State academic stand-
ards 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 meas-
ured 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 assess-
ment system for purposes of— 
‘‘(I) accountability, consistent with the require-
ments of section 1111(c); and 
‘‘(II) reporting, consistent with the require-
ments of section 1111(h). 
‘‘(B) A description of how the State educational agency 
will— 
‘‘(i) continue use of the statewide academic assess-
ments required under section 1111(b)(2) if such assess-
ments will be used for accountability purposes for the 
duration of the demonstration authority period; 
‘‘(ii) identify the distinct purposes for each assess-
ment that is part of the innovative assessment system; 
‘‘(iii) provide support and training to local edu-
cational agency and school staff to implement the 
innovative assessment system described in this sub-
section; 
‘‘(iv) inform parents of students in participating 
local educational agencies about the innovative assess-
ment 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, con-
sistent with relevant nationally recognized professional 
and technical standards, to ensure inter-rater reli-
ability and comparability; 
‘‘(vi) acclimate students to the innovative assess-
ment system; 
‘‘(vii) ensure that students with the most signifi-
cant cognitive disabilities may be assessed with alter-
nate 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 
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129 STAT. 1889 
PUBLIC LAW 114–95—DEC. 10, 2015 
local educational agencies, scale up the innovative 
assessment system to administer such system state-
wide, 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 edu-
cational 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 exten-
sion, 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 dem-
onstration authority period; 
‘‘(II) the performance of all participating stu-
dents, 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 descrip-
tion of the State’s progress in scaling up the 
innovative assessment system to additional local 
educational agencies during the State’s demonstra-
tion 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 sub-
groups of students defined in section 1111(c)(2) partici-
pating 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 agen-
cies participating in the program of demonstration 
authority accountable for meeting the State’s expecta-
tions for student achievement. 
‘‘(D) If the innovative assessment system will initially 
be administered in a subset of local educational agencies— 
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129 STAT. 1890 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(i) a description of the local educational agencies 
within the State educational agency that will partici-
pate, 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 agen-
cies that such agencies will comply with the require-
ments 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 demonstra-
tion authority period; and 
‘‘(II) ensure that the participating local edu-
cational agencies, as a group, will be demographi-
cally 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 tech-
nical 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 practi-
tioners and experts who are knowledgeable about the innovative 
assessment system being proposed for all participating stu-
dents, including— 
‘‘(A) individuals with past experience developing sys-
tems of assessment innovation that support all students, 
including English learners, children with disabilities, and 
disadvantaged students; and 
‘‘(B) individuals with experience implementing innova-
tive assessment and accountability systems; 
‘‘(3) make publicly available the applications submitted 
under subsection (c) and the peer-review comments and rec-
ommendations 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 applica-
tion; 
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129 STAT. 1891 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(5) if the Secretary disapproves an application under para-
graph (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 sys-
tems 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 exten-
sion, 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 dem-
onstration authority, including each of the subgroups of stu-
dents, as defined under section 1111(c)(2); 
‘‘(3) provides an unbiased, rational, and consistent deter-
mination of progress toward the goals described under section 
1111(c)(4)(A)(i) for all students, which are comparable to meas-
ures 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 state-
wide 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 assess-
ments under section 1111(b)(2) in content coverage, difficulty, 
and quality. 
‘‘(j) TRANSITION.— 
‘‘(1) IN GENERAL.— 
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129 STAT. 1892 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 per-
mitted 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 achieve-
ment based on the challenging State academic stand-
ards, including objective measurement of academic 
achievement, knowledge, and skills that are valid, reli-
able, and consistent with relevant, nationally-recog-
nized 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 stu-
dents overall and in each of the subgroups of stu-
dents, 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 innova-
tive assessment system; and 
‘‘(B) the State continues to comply with the other 
requirements of this section, and demonstrates a high- 
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129 STAT. 1893 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 partici-
pate in the program of demonstration authority under this section, 
and the Secretary may provide each State member of such consor-
tium 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 pro-
ficiency 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 sys-
tems; 
‘‘(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 com-
parability of determinations of mastery or proficiency 
across local educational agencies and the State. 
‘‘(2) PUBLICATION.—The Secretary shall make the informa-
tion 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.’’. 
PART C—EDUCATION OF MIGRATORY 
CHILDREN 
SEC. 1301. EDUCATION OF MIGRATORY CHILDREN. 
(a) PROGRAM PURPOSES.—Section 1301 (20 U.S.C. 6391) is 
amended to read as follows: 
‘‘SEC. 1301. PROGRAM PURPOSES. 
‘‘The purposes of this part are as follows: 
‘‘(1) To assist States in supporting high-quality and com-
prehensive educational programs and services during the school 
year and, as applicable, during summer or intersession periods, 
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129 STAT. 1894 
PUBLIC LAW 114–95—DEC. 10, 2015 
that address the unique educational needs of migratory chil-
dren. 
‘‘(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, var-
ious 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 sub-
sections (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 chil-
dren, 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 para-
graph 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 pre-
ceding 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 expendi-
ture 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. 
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129 STAT. 1895 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 ‘‘pur-
poses’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘(A) The Sec-
retary’’ and inserting the following: 
‘‘(A) FURTHER REDUCTIONS.—The Secretary’’; and 
(ii) in subparagraph (B), by striking ‘‘(B) The Sec-
retary’’ 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 fol-
lowing: 
‘‘(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 inter-
rupted’’ and inserting ‘‘migratory children, including the 
most at-risk migratory children’’; and 
(6) by adding at the end the following: 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 migra-
tory 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 ‘‘chal-
lenging 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 semi-
colon; 
(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 dura-
tion’’; and 
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129 STAT. 1897 
PUBLIC LAW 114–95—DEC. 10, 2015 
(ii) in subparagraph (A), by striking ‘‘section 1118’’ 
and inserting ‘‘section 1116’’; 
(D) in paragraph (4), by inserting ‘‘and migratory chil-
dren 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 fol-
lowing: 
‘‘(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 migra-
tory 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 edu-
cational 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 stu-
dents’’ and inserting ‘‘students’’. 
(d) SECRETARIAL APPROVAL; PEER REVIEW.—Section 1305 (20 
U.S.C. 6395) is amended to read as follows: 
‘‘SEC. 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 
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129 STAT. 1898 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 ‘‘chal-
lenging 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 flexi-
bility 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 ‘‘non-
profit’’; 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 edu-
cational information regarding all migratory stu-
dents 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 informa-
tion 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 subpara-
graph (C); 
(iii) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) CONSULTATION.—The Secretary shall maintain 
ongoing consultation with the States, local educational 
agencies, and other migratory student service providers 
on— 
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129 STAT. 1899 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 ‘migra-
tory 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 per-
sonal 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 migra-
tory agricultural worker if the individual actively sought such 
new employment and has a recent history of moves for tem-
porary 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.’’. 
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129 STAT. 1900 
PUBLIC LAW 114–95—DEC. 10, 2015 
PART D—PREVENTION AND INTERVENTION 
PROGRAMS FOR CHILDREN AND YOUTH 
WHO ARE NEGLECTED, DELINQUENT, OR AT- 
RISK 
SEC. 1401. PREVENTION AND INTERVENTION PROGRAMS FOR CHIL-
DREN 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 correc-
tional 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, objec-
tives, and performance measures established 
by the State’’ and inserting ‘‘the program objec-
tives 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 redesig-
nating clause (iii) as clause (ii); and 
(cc) by striking clause (iv); and 
(VI) by adding at the end the following: 
20 USC 6434. 
20 USC 6432. 
20 USC 6421. 
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129 STAT. 1901 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 edu-
cation 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 Oppor-
tunity 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 edu-
cation 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; 
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129 STAT. 1902 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 avail-
able).’’; 
(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)— 
20 USC 6436. 
20 USC 6435. 
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129 STAT. 1903 
PUBLIC LAW 114–95—DEC. 10, 2015 
(i) by striking ‘‘challenging State academic content 
standards and student academic achievement stand-
ards’’ and inserting ‘‘challenging State academic stand-
ards’’; 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 appro-
priate 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 edu-
cational agency in order to facilitate the transition 
of such children and youth between the local edu-
cational 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 fol-
lowing: 
‘‘(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 transi-
tional’’; 
(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 fol-
lowing: 
‘‘(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;’’; 
20 USC 6453. 
20 USC 6452. 
20 USC 6451. 
20 USC 6439. 
20 USC 6438. 
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129 STAT. 1904 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 chil-
dren 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 mem-
bers’’ 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 oper-
ated 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 semi-
colon; 
(E) in paragraph (11), by striking the period at the 
end and inserting a semicolon; and 
(F) by adding at the end the following: 
20 USC 6455. 
20 USC 6454. 
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129 STAT. 1905 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 serv-
ices 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 recog-
nized 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 achieve-
ment’’; 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 delin-
quency 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 ‘‘juve-
nile justice system’’. 
PART E—FLEXIBILITY FOR EQUITABLE PER- 
PUPIL FUNDING 
SEC. 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; 
20 USC 
6491–6494, 
6511–6518, 
6531–6537, 
6551–6553, 
6555, 6561, 
6531a–6561i. 
20 USC 6472. 
20 USC 6471. 
20 USC 6456. 
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129 STAT. 1906 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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: 
‘‘PART E—FLEXIBILITY FOR EQUITABLE PER- 
PUPIL FUNDING 
‘‘SEC. 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 sub-
section (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 edu-
cational 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 agree-
ment. 
‘‘(c) SELECTION OF LOCAL EDUCATIONAL AGENCIES.— 
‘‘(1) IN GENERAL.—The Secretary may enter into local flexi-
bility demonstration agreements with not more than 50 local 
educational agencies with an approved application under sub-
section (d). 
‘‘(2) SELECTION.—Each local educational agency shall be 
selected based on such agency— 
‘‘(A) submitting a proposed local flexibility demonstra-
tion 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 
20 USC 6491. 
20 USC 6575, 
6576. 
20 USC 
6571–6573. 
20 USC 6577, 
6578. 
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129 STAT. 1907 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 dem-
onstration 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 sec-
tion. 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 stu-
dents, 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 dif-
ferentials 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 dem-
onstration agreement in consultation with teachers, prin-
cipals, other school leaders (including charter school leaders 
in a local educational agency that has charter schools), 
administrators of Federal programs impacted by the agree-
ment, parents, community leaders, and other relevant 
stakeholders; 
‘‘(H) an assurance that the local educational agency 
will use fiscal control and sound accounting procedures 
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129 STAT. 1908 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 consoli-
dating 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, stu-
dents from low-income families, and students with any 
other characteristics associated with educational dis-
advantage 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 edu-
cational 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 
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129 STAT. 1909 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 sub-
groups 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 sub-
section 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 dem-
onstration agreement. 
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129 STAT. 1910 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 require-
ments 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 statis-
tical 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 demonstra-
tion agreements under this section; and 
‘‘(2) the impact of such agreements on improving the equi-
table distribution of State and local funding and increasing 
student achievement. 
‘‘(k) RENEWAL OF LOCAL FLEXIBILITY DEMONSTRATION AGREE-
MENT.—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 flexi-
bility 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.’’. 
PART F—GENERAL PROVISIONS 
SEC. 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,’’; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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 stake-
holders.’’; 
(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 fol-
lowing: 
‘‘(4) PROCESS.—Such process— 
‘‘(A) shall not be subject to the Federal Advisory Com-
mittee 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 con-
sensus, 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 agen-
cies, 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 pro-
posed regulation, beginning on the date that the Secretary 
provides the notice of intent to the appropriate committees 
of Congress under paragraph (1); and 
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129 STAT. 1912 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) include and seek to address all comments sub-
mitted by Congress in the public rulemaking record for 
the regulation published in the Federal Register. 
‘‘(3) COMMENT
AND
REVIEW
PERIOD; EMERGENCY
SITUA-
TIONS.—The comment and review period for any proposed regu-
lation 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 ‘Administra-
tive 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 rule-
making 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 require-
ments 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; 
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129 STAT. 1913 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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).’’. 
TITLE II—PREPARING, TRAINING, AND 
RECRUITING HIGH-QUALITY TEACH-
ERS, PRINCIPALS, OR OTHER SCHOOL 
LEADERS 
SEC. 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 inappli-
cable 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: 
‘‘Subpart 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. 
SEC. 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: 
20 USC 6601. 
20 USC 6777, 
7131. 
20 USC 7101. 
20 USC 
6731–6738, 
7941–7948. 
20 USC 7801. 
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129 STAT. 1914 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘TITLE II—PREPARING, TRAINING, AND 
RECRUITING HIGH-QUALITY TEACH-
ERS, PRINCIPALS, OR OTHER SCHOOL 
LEADERS 
‘‘SEC. 2001. PURPOSE. 
‘‘The purpose of this title is to provide grants to State edu-
cational agencies and subgrants to local educational agencies to— 
‘‘(1) increase student achievement consistent with the chal-
lenging State academic standards; 
‘‘(2) improve the quality and effectiveness of teachers, prin-
cipals, 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. 
‘‘SEC. 2002. DEFINITIONS. 
‘‘In this title: 
‘‘(1) SCHOOL
LEADER
RESIDENCY
PROGRAM.—The term 
‘school leader residency program’ means a school-based prin-
cipal 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 evalu-
ated 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 edu-
cational 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 prin-
cipal 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 para-
graph (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 
20 USC 6602. 
20 USC 6601. 
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129 STAT. 1915 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 edu-
cation 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, prin-
cipals, or other school leaders who are enrolled in 
the academy receive a significant part of their training 
through clinical preparation that partners the prospec-
tive candidate with an effective teacher, principal, or 
other school leader, as determined by the State, respec-
tively, with a demonstrated record of increasing stu-
dent academic achievement, including for the sub-
groups 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 prepara-
tion experience; 
‘‘(ii) the number of effective teachers, principals, 
or other school leaders, respectively, who will dem-
onstrate 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 edu-
cation) 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 certifi-
cate, 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 edu-
cation) 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 fac-
ulty to hold advanced degrees or conduct academic 
research; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 rel-
evant 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, com-
pensation, and promotion in the State. 
‘‘(5) TEACHER RESIDENCY PROGRAM.—The term ‘teacher resi-
dency program’ means a school-based teacher preparation pro-
gram in which a prospective teacher— 
‘‘(A) for not less than 1 academic year, teaches along-
side 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. 
‘‘SEC. 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. 
20 USC 6603. 
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129 STAT. 1917 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘PART A—SUPPORTING EFFECTIVE 
INSTRUCTION 
‘‘SEC. 2101. FORMULA GRANTS TO STATES. 
‘‘(a) RESERVATION OF FUNDS.—From the total amount appro-
priated 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 distrib-
uted 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 sec-
tion 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 relation-
ship 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 
20 USC 6611. 
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129 STAT. 1918 
PUBLIC LAW 114–95—DEC. 10, 2015 
number of those individuals in all such States, 
as so determined; and 
‘‘(II) an amount that bears the same relation-
ship 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 relation-
ship 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 relation-
ship 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 relation-
ship 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 relation-
ship 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 relation-
ship 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 relation-
ship 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 
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129 STAT. 1919 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Sec-
retary 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 agen-
cies 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.—Notwith-
standing 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 para-
graph (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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 require-
ments are aligned with such challenging State aca-
demic 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 achieve-
ment, 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 prin-
cipals, other school leaders, coaches, mentors, and 
evaluators on how to accurately differentiate 
performance, provide useful and timely feedback, 
and use evaluation results to inform decision-
making about professional development, improve-
ment 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 mas-
ter’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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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) profes-
sional 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 ini-
tiatives that promote professional growth and 
emphasize multiple career paths, such as instruc-
tional coaching and mentoring (including hybrid 
roles that allow instructional coaching and men-
toring while remaining in the classroom), school 
leadership, and involvement with school improve-
ment and support; 
‘‘(II) strategies that provide differential pay, 
or other incentives, to recruit and retain teachers 
in high-need academic subjects and teachers, prin-
cipals, 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 evi-
dence is reasonably available, evidence-based, and 
designed to— 
‘‘(aa) improve classroom instruction and 
student learning and achievement, including 
through improving school leadership pro-
grams; 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, prin-
cipals, 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. 
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129 STAT. 1922 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 prepara-
tion academy to be eligible for State financial aid 
to the same extent as participants in other State- 
approved teacher or principal preparation pro-
grams, including alternative certification, licen-
sure, 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 pro-
vided 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 para-
professionals, 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 sup-
port 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 instruc-
tional practices, which may include training on best 
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PUBLIC LAW 114–95—DEC. 10, 2015 
practices to understand State and regional workforce 
needs and transitions to postsecondary education and 
the workforce. 
‘‘(xix) Enabling States, as a consortium, to volun-
tarily develop a process that allows teachers who are 
licensed or certified in a participating State to teach 
in other participating States without completing addi-
tional 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 Provi-
sions 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 tech-
nology 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 applica-
tion to the Secretary at such time and in such manner as 
the Secretary may reasonably require. 
‘‘(2) CONTENTS.—Each application described under para-
graph (1) shall include the following: 
‘‘(A) A description of how the State educational agency 
will use funds received under this title for State-level activi-
ties 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 descrip-
tion of how such funds will be used for such purpose. 
‘‘(F) If applicable, a description of how the State edu-
cational 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. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(H) An assurance that the State educational agency 
will work in consultation with the entity responsible for 
teacher, principal, or other school leader professional stand-
ards, certification, and licensing for the State, and encour-
age 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 organiza-
tions representing such individuals), specialized instruc-
tional support personnel, charter school leaders (in a State 
that has charter schools), parents, community partners, 
and other organizations or partners with relevant and dem-
onstrated 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 applica-
tion 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: 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 profes-
sional standards, certification, or licensing. 
‘‘SEC. 2102. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES. 
‘‘(a) ALLOCATION
OF FUNDS
TO LOCAL EDUCATIONAL AGEN-
CIES.— 
‘‘(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 para-
graph (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 agen-
cies 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 edu-
cational 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 applica-
tion to the State educational agency at such time, in such 
manner, and containing such information as the State edu-
cational agency may reasonably require. 
‘‘(2) CONTENTS
OF
APPLICATION.—Each application sub-
mitted 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. 
20 USC 6612. 
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‘‘(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 para-
graph (3) to continually update and improve activities sup-
ported 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 author-
ized under this part with professional development activi-
ties provided through other Federal, State, and local pro-
grams. 
‘‘(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 organiza-
tions representing such individuals), specialized instruc-
tional 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 applica-
tion required under this section. 
‘‘SEC. 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 com-
prehensive programs and activities described in subsection (b), 
which may be carried out— 
‘‘(1) through a grant or contract with a for-profit or non-
profit 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)). 
20 USC 6613. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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, prin-
cipals, or other school leaders that— 
‘‘(i) is based in part on evidence of student achieve-
ment, which may include student growth; and 
‘‘(ii) shall include multiple measures of educator 
performance and provide clear, timely, and useful feed-
back 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 ini-
tiatives 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 aca-
demic 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 institu-
tions of higher education with records of academic distinc-
tion 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 avail-
able, for teachers, instructional leadership teams, prin-
cipals, 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 Gen-
eral 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
and implementing formative assessments, designing class-
room-based assessments, and using data from such assess-
ments to improve instruction and student academic 
achievement, which may include providing additional time 
for teachers to review student data and respond, as appro-
priate; 
‘‘(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 inter-
vention 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 com-
pacting 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, special-
ized instructional support personnel, and paraprofessionals, 
regarding how to prevent and recognize child sexual abuse; 
‘‘(M) developing and providing professional develop-
ment 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 pub-
licly 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 appro-
priate), which may include providing common planning 
time, to help prepare students for postsecondary education 
and the workforce; and 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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. 
‘‘SEC. 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, con-
sistent 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 person-
ally 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 edu-
cational 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. 
‘‘PART B—NATIONAL ACTIVITIES 
‘‘SEC. 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— 
20 USC 6621. 
20 USC 6614. 
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129 STAT. 1931 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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. 
‘‘Subpart 1—Teacher and School Leader Incentive 
Program 
‘‘SEC. 2211. PURPOSES; DEFINITIONS. 
‘‘(a) PURPOSES.—The purposes of this subpart are— 
‘‘(1) to assist States, local educational agencies, and non-
profit 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, dis-
missal, 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 
20 USC 6631. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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, prin-
cipals, 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 dem-
onstrated through— 
‘‘(I) successful fulfillment of additional respon-
sibilities or job functions, such as teacher leader-
ship roles; and 
‘‘(II) evidence of professional achievement and 
mastery of content knowledge and superior 
teaching and leadership skills. 
‘‘SEC. 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 sys-
tems, 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 sup-
port systems, and other school-level factors; 
20 USC 6632. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(3) a description and evidence of the support and commit-
ment 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 meas-
ures of student academic achievement, including the baseline 
performance against which evaluations of improved perform-
ance 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 con-
centrates 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, imple-
ment, improve, or expand, in collaboration with teachers, prin-
cipals, other school leaders, and members of the public, a 
performance-based compensation system or human capital 
management system consistent with this subpart. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(2) AUTHORIZED ACTIVITIES.—Grant funds under this sub-
part may be used for one or more of the following: 
‘‘(A) Developing or improving an evaluation and sup-
port system, including as part of a human capital manage-
ment 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 aca-
demic 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, sched-
uling, and other school-level decisions in a manner 
that meets the needs of the school without compro-
mising the intent or essential components of the poli-
cies 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 instruc-
tional 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 responsibil-
ities; 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 edu-
cators; 
‘‘(ii) offering bonuses or higher salaries to effective 
educators; or 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 Fed-
eral or State funds available to carry out activities described in 
this subpart. 
‘‘SEC. 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 para-
graph (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 stu-
dent academic achievement; 
‘‘(B) the satisfaction of the participating teachers, prin-
cipals, 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. 
20 USC 6633. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘Subpart 2—Literacy Education for All, Results 
for the Nation 
‘‘SEC. 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 effec-
tive strategies in reading and writing from early education 
through grade 12; and 
‘‘(2) for States to provide targeted subgrants to early child-
hood 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 feed-
back 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 contin-
uous professional learning; and 
20 USC 6641. 
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129 STAT. 1937 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 chil-
dren 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 assess-
ment 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 pre-
school-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 subpara-
graph (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 com-
prehensive 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 subpara-
graph (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 
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129 STAT. 1938 
PUBLIC LAW 114–95—DEC. 10, 2015 
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.). 
‘‘SEC. 
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 strate-
gies 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 activi-
ties, 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 sub-
part 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 child-
hood 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 edu-
cational agencies that serve high-need schools, including 
20 USC 6642. 
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129 STAT. 1939 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 com-
prehensive literacy instruction plan. 
‘‘(C) An implementation plan that includes a descrip-
tion 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 sub-
section (f)(1) for comprehensive literacy instruction pro-
grams as follows: 
‘‘(i) Not less than 15 percent of such grant funds 
shall be used for State and local programs and activi-
ties pertaining to children from birth through kinder-
garten entry. 
‘‘(ii) Not less than 40 percent of such grant funds 
shall be used for State and local programs and activi-
ties, allocated equitably among the grades of kinder-
garten through grade 5. 
‘‘(iii) Not less than 40 percent of such grant funds 
shall be used for State and local programs and activi-
ties, 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 Sec-
retary 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 com-
prehensive literacy plan described in subparagraphs (A) and 
(B) of subsection (d)(2), including the following activities: 
‘‘(A) Providing technical assistance, or engaging quali-
fied providers to provide technical assistance, to eligible 
entities to enable the eligible entities to design and imple-
ment literacy programs. 
‘‘(B) Coordinating with institutions of higher education 
in the State to provide recommendations to strengthen 
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129 STAT. 1940 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 lit-
eracy methods. 
‘‘(C) Reviewing and updating, in collaboration with 
teachers and institutions of higher education, State licen-
sure 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 achieve-
ment. 
‘‘(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. 
‘‘SEC. 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 Edu-
cation 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 accord-
ance with section 2222(d)(2)(D)(i), to award subgrants, on a 
competitive basis, to eligible entities to enable the eligible enti-
ties 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 initia-
tives 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 con-
taining 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 child-
hood education programs, which shall include an analysis of 
data that support the proposed use of subgrant funds; 
20 USC 6643. 
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129 STAT. 1941 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 chil-
dren 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, con-
sistent 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 admin-
ister evidence-based early childhood education literacy initia-
tives; 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. 
‘‘SEC. 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 applica-
tion to the State educational agency at such time, in such 
manner, and containing such information as the State edu-
cational 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 informa-
tion: 
20 USC 6644. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) A description of the eligible entity’s needs assess-
ment conducted to identify how subgrant funds will be 
used to inform and improve comprehensive literacy instruc-
tion 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 edu-
cation. 
‘‘(E) A description of how the school will coordinate 
comprehensive literacy instruction with early childhood 
education programs and activities and after-school pro-
grams and activities in the area served by the local edu-
cational 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 activi-
ties 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), prin-
cipals, other school leaders, specialized instructional support 
personnel, school librarians, paraprofessionals, and other pro-
gram staff. 
‘‘(3) Training principals, specialized instructional support 
personnel, and other local educational agency personnel to sup-
port, develop, administer, and evaluate high-quality kinder-
garten through grade 5 literacy initiatives. 
‘‘(4) Coordinating the involvement of early childhood edu-
cation 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) 
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129 STAT. 1943 
PUBLIC LAW 114–95—DEC. 10, 2015 
in the literacy development of children served under this sub-
section. 
‘‘(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 lit-
eracy 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 deliv-
ered 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), paraprofes-
sionals, special educators, specialized instructional support per-
sonnel (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 kinder-
garten 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 achieve-
ment. 
‘‘(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 lit-
eracy 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 instruc-
tional support personnel) to meet to plan comprehensive literacy 
instruction. 
‘‘SEC. 2225. NATIONAL EVALUATION AND INFORMATION DISSEMINA-
TION. 
‘‘(a) NATIONAL EVALUATION.—From funds reserved under sec-
tion 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 proce-
dures to obtain valid knowledge relevant to the implementation 
20 USC 6645. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
and effect of the programs and shall directly coordinate with indi-
vidual 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 recipi-
ents 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 Com-
mittee on Education and the Workforce of the House of Rep-
resentatives; 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 activi-
ties, defined for the purpose of this paragraph as activities 
meeting the requirements of section 8101(21)(A)(i). 
‘‘SEC. 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 pur-
poses of promoting literacy programs that support the development 
of literacy skills in low-income communities, including— 
‘‘(1) developing and enhancing effective school library pro-
grams, 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 pro-
grams through which, during well-child visits, medical pro-
viders 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 volun-
teers, or affiliates at the State and local levels; and 
‘‘(B) demonstrates effectiveness or high-quality plans 
for addressing childhood literacy activities for the popu-
lation targeted by the grant. 
20 USC 6646. 
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129 STAT. 1945 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘Subpart 3—American History and Civics 
Education 
‘‘SEC. 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 prin-
ciples 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 sub-
section (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. 
‘‘SEC. 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 edu-
cational 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; 
20 USC 6662. 
20 USC 6661. 
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129 STAT. 1946 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 appro-
priate 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 partici-
pate 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 coordi-
nate 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’ under-
standing 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 appro-
priate 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 sem-
inar or institute. 
‘‘(3) STUDENT STIPENDS.—Each student selected to partici-
pate 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 
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129 STAT. 1947 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 activi-
ties 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). 
‘‘SEC. 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 instruc-
tion, 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 vol-
untary 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, subur-
ban, and rural areas. 
‘‘(d) APPLICATIONS.—In order to receive a grant under this 
section, an eligible entity shall submit an application to the Sec-
retary at such time and in such manner as the Secretary may 
reasonably require. 
20 USC 6663. 
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129 STAT. 1948 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 develop-
ment of evidence-based approaches with the potential to improve 
the quality of American history, civics and government, or geog-
raphy learning and teaching. 
‘‘Subpart 4—Programs of National Significance 
‘‘SEC. 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. 
‘‘SEC. 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 agen-
cies 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 partner-
ships 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, subur-
ban, and rural areas. 
20 USC 6672. 
20 USC 6671. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 Sec-
retary 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 partici-
pating students or parents. 
‘‘(e) PRIORITY.—In awarding grants under this section, the Sec-
retary 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 postsec-
ondary 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 comple-
tion, or of effectiveness in providing preparation and profes-
sional development activities and programs for teachers, prin-
cipals, 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. 
‘‘SEC. 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 pro-
grams 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; 
20 USC 6673. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(2) developing or implementing programs or activities for 
recruiting, selecting, and developing aspiring or current prin-
cipals 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 imple-
menting 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 prin-
cipals or other school leaders in high-need schools; 
‘‘(5) developing and disseminating information on best prac-
tices 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, subur-
ban, 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 Sec-
retary 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 
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129 STAT. 1951 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 edu-
cational 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. 
‘‘SEC. 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 Edu-
cation 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 execu-
tive functioning; 
‘‘(2) identify evidence-based literacy instruction, strategies, 
and accommodations, including assistive technology, designed 
to meet the specific needs of such students; 
20 USC 6674. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(3) provide families of such students with information 
to assist such students; 
‘‘(4) identify or develop evidence-based professional develop-
ment 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 develop-
mental delay impacting reading, writing, language proc-
essing, 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 edu-
cational agencies, regional educational agencies, and schools, 
including, as appropriate, through partnerships with other com-
prehensive centers established under section 203 of the Edu-
cational 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). 
‘‘SEC. 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 develop-
ment 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 mathe-
matics 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 examina-
tion; 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 para-
graph (2) and in the master teacher community. 
20 USC 6675. 
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129 STAT. 1953 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 2301. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under this title shall be used to supple-
ment, and not supplant, non-Federal funds that would otherwise 
be used for activities authorized under this title. 
‘‘SEC. 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 Govern-
ment 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.’’. 
TITLE 
III—LANGUAGE 
INSTRUCTION 
FOR ENGLISH LEARNERS AND IMMI-
GRANT STUDENTS 
SEC. 3001. REDESIGNATION OF CERTAIN PROVISIONS. 
Title III (20 U.S.C. 6801 et seq.) is amended— 
(1) by striking the title heading and inserting ‘‘LAN-
GUAGE 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. 
SEC. 3002. AUTHORIZATION OF APPROPRIATIONS. 
Section 3001 (20 U.S.C. 6801) is amended to read as follows: 
20 USC 7013, 
7014. 
20 USC 7012. 
20 USC 7011. 
20 USC 
6891–6983. 
20 USC 6871. 
20 USC 
6843–6849. 
20 USC 6842. 
20 USC 6692. 
20 USC 6691. 
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129 STAT. 1954 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘SEC. 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.’’. 
SEC. 3003. ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCE-
MENT, AND ACADEMIC ACHIEVEMENT. 
(a) PURPOSES.—Section 3102 (20 U.S.C. 6812) is amended to 
read as follows: 
‘‘SEC. 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 sub-
jects 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), prin-
cipals and other school leaders, State educational agencies, 
local educational agencies, and schools in establishing, imple-
menting, and sustaining effective language instruction edu-
cational programs designed to assist in teaching English 
learners, including immigrant children and youth; 
‘‘(4) to assist teachers (including preschool teachers), prin-
cipals 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 participa-
tion in language instruction educational programs for the par-
ents, 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 prepara-
tion, 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— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 inter-
agency 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 lan-
guage instruction educational programs and curricula 
for teaching English learners; 
‘‘(ii) helping English learners meet the same chal-
lenging 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 pro-
viding financial awards, to recipients of subgrants under 
section 3115 that have significantly improved the achieve-
ment 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 ‘‘ADMINIS-
TRATIVE’’ and inserting ‘‘DIRECT ADMINISTRATIVE’’; 
(ii) by striking ‘‘60 percent’’ and inserting ‘‘50 per-
cent’’; 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); 
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129 STAT. 1956 
PUBLIC LAW 114–95—DEC. 10, 2015 
(B) by striking paragraphs (2) and (4); 
(C) by redesignating paragraph (3) as paragraph (2); 
(D) in paragraph (2)(A), as redesignated by subpara-
graph (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 pro-
ficient’’ 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 Sec-
retary 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— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 assess-
ment 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 pro-
grams 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 
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129 STAT. 1958 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 popu-
lation 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 ‘‘sec-
tion 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: 
‘‘SEC. 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 aca-
demic 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 instruc-
tion 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 instruc-
tional programs for English learners and immigrant children 
and youth. 
‘‘(3) Implementing, within an individual school, schoolwide 
programs for restructuring, reforming, and upgrading all rel-
evant programs, activities, and operations relating to language 
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PUBLIC LAW 114–95—DEC. 10, 2015 
instruction educational programs and academic content instruc-
tion 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 pro-
grams 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 dem-
onstrate success in increasing— 
‘‘(A) English language proficiency; and 
‘‘(B) student academic achievement; 
‘‘(2) to provide effective professional development to class-
room teachers (including teachers in classroom settings that 
are not the settings of language instruction educational pro-
grams), principals and other school leaders, administrators, 
and other school or community-based organizational personnel, 
that is— 
‘‘(A) designed to improve the instruction and assess-
ment 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 work-
shops 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 profes-
sional 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 sub-
section (c), an eligible entity receiving funds under section 3114(a) 
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129 STAT. 1960 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 instruc-
tional 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 mate-
rials in a language that the student can understand, inter-
preters, 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 aca-
demic 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 chil-
dren. 
‘‘(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 tech-
nology or instructional materials; 
‘‘(B) access to, and participation in, electronic networks 
for materials, training, and communication; and 
‘‘(C) incorporation of the resources described in sub-
paragraphs (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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 cur-
ricular materials, educational software, and technologies 
to be used in the program carried out with awarded funds; 
‘‘(E) basic instructional services that are directly attrib-
utable to the presence of immigrant children and youth 
in the local educational agency involved, including the pay-
ment 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 edu-
cational 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 avail-
able 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 edu-
cation 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: 
‘‘SEC. 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 min-
imum, by English learners with a disability; 
‘‘(3) the number and percentage of English learners in 
the programs and activities attaining English language pro-
ficiency 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 enroll-
ment 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 pro-
viding 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 pro-
ficient’’ 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 pro-
ficient 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 pro-
ficient 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 chil-
dren’’ 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’’; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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 redesig-
nated 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: 
‘‘SEC. 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
early childhood education programs, such as Head Start or 
State-run preschool programs, to elementary school programs.’’. 
SEC. 3004. GENERAL PROVISIONS. 
(a) DEFINITIONS.—Section 3201 (20 U.S.C. 7011), as redesig-
nated 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 para-
graphs (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 aca-
demic 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 redesig-
nated 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’’. 
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129 STAT. 1966 
PUBLIC LAW 114–95—DEC. 10, 2015 
TITLE IV—21ST CENTURY SCHOOLS 
SEC. 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 ‘‘DEVELOP-
MENT 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 trans-
ferred 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. 
20 USC 7131. 
20 USC 
7131–7140, 
7161–7164. 
20 USC 
7181–7184, 
7971–7974. 
20 USC 
7131–7164. 
20 USC 7917. 
20 USC 7151. 
20 USC 7961. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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 OPPOR-
TUNITY 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. 
SEC. 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: 
‘‘SEC. 4001. GENERAL PROVISIONS. 
‘‘(a) PARENTAL CONSENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) INFORMED WRITTEN CONSENT.—A State, local edu-
cational 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 
20 USC 7101. 
20 USC 
7101–7103. 
20 USC 7231, 
7231a–7231j. 
20 USC 7231, 
7231a–7231j. 
20 USC 7221, 
7221a–7221j. 
20 USC 7241, 
7243, 
7243a–7243c, 
7245, 7247, 7249, 
7251, 7253, 
7253a–7253e, 
7255, 
7255a–7255f, 
7257, 
7257a–7257d, 
7259, 
7259a–7259c, 
7261, 
7261a–7261f, 
7263, 7263a, 
7263b, 7265, 
7265a–7265e, 
7267, 
7267a–7267f, 
7269, 7269a, 
7271, 7273, 
7273a–7273e, 
7275, 7277, 
7277a–7277e, 
7279, 
7279a–7279e, 
7281, 7281a, 
7281b, 7283, 
7283a–7283g. 
20 USC 7223, 
7223a–7223j, 
7225, 
7225a–7225g. 
20 USC 7021, 
7211, 7211a, 
7213, 7213a, 
7215, 7215a, 
7215b, 7217, 
7217a–7217e. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 rehabilita-
tion, except for integrated student supports, specialized instruc-
tional support services, or referral to treatment for impacted stu-
dents, 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.’’. 
PART A—STUDENT SUPPORT AND ACADEMIC 
ENRICHMENT GRANTS 
SEC. 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: 
‘‘Subpart 1—Student Support and Academic 
Enrichment Grants 
‘‘SEC. 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. 
20 USC 7111. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘SEC. 4102. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) BLENDED
LEARNING.—The term ‘blended learning’ 
means a formal education program that leverages both tech-
nology-based and face-to-face instructional approaches— 
‘‘(A) that include an element of online or digital 
learning, combined with supervised learning time, and stu-
dent-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 sub-
stance’ 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 con-
tent (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 stu-
dent 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 sub-
stances, including inhalants and anabolic steroids. 
‘‘(5) DRUG AND VIOLENCE PREVENTION.—The term ‘drug and 
violence prevention’ means— 
‘‘(A) with respect to drugs, prevention, early interven-
tion, 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 harass-
ment and abuse, and victimization associated with preju-
dice and intolerance, on school premises, going to and 
20 USC 7112. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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, tech-
nology, engineering, and mathematics, including computer 
science, which include authentic schoolwide research. 
‘‘SEC. 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 allot-
ment 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.— 
20 USC 7113. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 require-
ments of other Federal laws. 
‘‘SEC. 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 assist-
ance, 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 
20 USC 7114. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(3) supporting local educational agencies in providing pro-
grams 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 under-
represented 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 pro-
vide— 
‘‘(aa) postsecondary level courses accepted 
for credit at institutions of higher education, 
including dual or concurrent enrollment pro-
grams, 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 Bacca-
laureate programs; 
‘‘(V) American history, civics, economics, geog-
raphy, 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 agen-
cies 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 pro-
grams, such as through school-based mental health 
services partnership programs; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 edu-
cational agencies to improve the ability of local edu-
cational agencies to— 
‘‘(I) identify and address technology readiness 
needs, including the types of technology infrastruc-
ture and access available to the students served 
by the local educational agency, including com-
puter devices, access to school libraries, Internet 
connectivity, operating systems, software, related 
network infrastructure, and data security; 
‘‘(II) use technology, consistent with the prin-
ciples of universal design for learning, to support 
the learning needs of all students, including chil-
dren with disabilities and English learners; and 
‘‘(III) build capacity for principals, other school 
leaders, and local educational agency administra-
tors to support teachers in using data and tech-
nology 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 Oppor-
tunity Act (29 U.S.C. 3102)); 
‘‘(iv) disseminating promising practices related to 
technology instruction, data security, and the acquisi-
tion 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 instruc-
tional support personnel, and administrators with the 
knowledge and skills to use technology effectively, 
including effective integration of technology, to improve 
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129 STAT. 1974 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 edu-
cational 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). 
‘‘SEC. 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 consor-
tium 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. 
‘‘SEC. 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 min-
imum, the information described in subsection (e), to the State 
educational agency at such time, in such manner, and con-
taining such information as the State educational agency may 
reasonably require; and 
‘‘(2) complete a needs assessment in accordance with sub-
section (d). 
20 USC 7116. 
20 USC 7115. 
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129 STAT. 1975 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 consulta-
tion with parents, teachers, principals, other school leaders, 
specialized instructional support personnel, students, commu-
nity-based organizations, local government representatives 
(which may include a local law enforcement agency, local juve-
nile 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 contin-
ued 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 sup-
ported 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 edu-
cational 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 sub-
mitted under this section by a local educational agency, or a consor-
tium 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— 
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129 STAT. 1976 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) any partnership with an institution of higher edu-
cation, business, nonprofit organization, community-based 
organization, or other public or private entity with a dem-
onstrated 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 sec-
tion 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 edu-
cational agency, or consortium of such agencies, will 
periodically evaluate the effectiveness of the activities car-
ried out under this section based on such objectives and 
outcomes. 
‘‘(2) ASSURANCES.—Each application shall include assur-
ances 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 author-
ized 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 sub-
paragraphs (C) through (E). 
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129 STAT. 1977 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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). 
‘‘SEC. 4107. ACTIVITIES TO SUPPORT WELL-ROUNDED EDUCATIONAL 
OPPORTUNITIES. 
‘‘(a) IN GENERAL.—Subject to section 4106(f), each local edu-
cational 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, commu-
nity-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 pro-
grams, such as— 
‘‘(i) postsecondary education and career awareness 
and exploration activities; 
‘‘(ii) training counselors to effectively use labor 
market information in assisting students with postsec-
ondary 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 pro-
motion 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 stu-
dents in nonprofit competitions related to STEM sub-
jects (such as robotics, science research, invention, 
mathematics, computer science, and technology com-
petitions); 
‘‘(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 
20 USC 7117. 
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129 STAT. 1978 
PUBLIC LAW 114–95—DEC. 10, 2015 
improve the integration of programming and instruc-
tion 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 acceler-
ated 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 pro-
grams that combine arts and mathematics; or 
‘‘(J) other activities and programs to support student 
access to, and success in, a variety of well-rounded edu-
cation 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). 
‘‘SEC. 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 sec-
tion 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 environ-
ments 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, commu-
nity-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— 
20 USC 7118. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) drug and violence prevention activities and pro-
grams 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 prod-
ucts, and electronic cigarettes; and 
‘‘(ii) professional development and training for 
school and specialized instructional support personnel 
and interested community members in prevention, edu-
cation, 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 partner-
ship 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 cer-
tified 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; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(iv) improve instructional practices for developing 
relationship-building skills, such as effective commu-
nication, 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 activi-
ties, such as programs or activities designed to provide— 
‘‘(i) age-appropriate and developmentally-appro-
priate 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 stu-
dents about child sexual abuse awareness and preven-
tion, 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 edu-
cational agencies in the State, determines that such 
evidence is reasonably available); and 
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129 STAT. 1981 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(iii) is aligned with the long-term goal of prison 
reduction through opportunities, mentoring, interven-
tion, 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 condi-
tions 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 commu-
nity to provide resources and support for schools; 
‘‘(ii) ensuring that all service and community part-
ners are aligned with the academic expectations of 
a community school in order to improve student suc-
cess; and 
‘‘(iii) strengthening relationships between schools 
and communities; or 
‘‘(I) pay for success initiatives aligned with the pur-
poses of this section. 
‘‘SEC. 4109. ACTIVITIES TO SUPPORT THE EFFECTIVE USE OF TECH-
NOLOGY. 
‘‘(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, sup-
port 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; 
20 USC 7119. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(4) carrying out blended learning projects, which shall 
include— 
‘‘(A) planning activities, which may include develop-
ment 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 tech-
nology 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 implementa-
tion and academic success of the project; 
‘‘(5) providing professional development in the use of tech-
nology (which may be provided through partnerships with out-
side organizations) to enable teachers and instructional leaders 
to increase student achievement in the areas of science, tech-
nology, 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). 
‘‘SEC. 4110. SUPPLEMENT, NOT SUPPLANT. 
‘‘Funds made available under this subpart shall be used to 
supplement, and not supplant, non-Federal funds that would other-
wise be used for activities authorized under this subpart. 
‘‘SEC. 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. 
‘‘SEC. 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.’’. 
PART B—21ST CENTURY COMMUNITY 
LEARNING CENTERS 
SEC. 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: 
20 USC 7122. 
20 USC 7121. 
20 USC 7120. 
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129 STAT. 1983 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘PART B—21ST CENTURY COMMUNITY 
LEARNING CENTERS 
‘‘SEC. 4201. PURPOSE; DEFINITIONS. 
‘‘(a) PURPOSE.—The purpose of this part is to provide opportuni-
ties 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, particu-
larly 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 stu-
dents 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 aca-
demic 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 lit-
eracy 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 
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129 STAT. 1984 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 commu-
nity 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. 
‘‘SEC. 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 continu-
ation 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.— 
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129 STAT. 1985 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(1) DETERMINATION.—From the funds appropriated under 
section 4206 for any fiscal year and remaining after the Sec-
retary 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 respon-
sibilities under this part; 
‘‘(B) establishing and implementing a rigorous peer- 
review process for subgrant applications described in sec-
tion 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 consulta-
tion 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 tech-
nical assistance under this part. 
‘‘(C) Conducting a comprehensive evaluation (directly, 
or through a grant or contract) of the effectiveness of pro-
grams 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 activi-
ties 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 stake-
holders to review and improve State policies and practices 
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129 STAT. 1986 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 organiza-
tions, as described under section 4203(a)(11). 
‘‘SEC. 4203. STATE APPLICATION. 
‘‘(a) IN GENERAL.—In order to receive an allotment under sec-
tion 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 enti-
ties that serve— 
‘‘(i) students who primarily attend— 
‘‘(I) schools implementing comprehensive sup-
port and improvement activities or targeted sup-
port and improvement activities under section 
1111(d); and 
‘‘(II) other schools determined by the local edu-
cational 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 edu-
cational 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 consider-
ation 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 coordina-
tion of professional development for staff in specific content 
areas and youth development; 
‘‘(7) describes how programs under this part will be coordi-
nated with programs under this Act, and other programs as 
appropriate; 
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129 STAT. 1987 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 applica-
tions 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 pro-
vide 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 rep-
resentatives 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 pro-
grams and activities with emphasis on alignment with 
the regular academic program of the school and the aca-
demic needs of participating students, including perform-
ance indicators and measures that— 
‘‘(i) are able to track student success and improve-
ment 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 
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129 STAT. 1988 
PUBLIC LAW 114–95—DEC. 10, 2015 
attendance, and on-time advancement to the next 
grade level; and 
‘‘(iii) for high school students, may include indica-
tors 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 pro-
grams 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 applica-
tion, 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 oppor-
tunity 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 non-
compliant 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 Sec-
retary 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 sub-
section (b). 
‘‘(f) FAILURE
TO RESPOND.—If the State educational agency 
does not respond to the Secretary’s notification described in sub-
section (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. 
‘‘SEC. 4204. LOCAL COMPETITIVE SUBGRANT PROGRAM. 
‘‘(a) IN GENERAL.— 
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129 STAT. 1989 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 require-
ments 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 para-
graph (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 partici-
pants of the eligible entity, and any partnership enti-
ties described in subparagraph (H), in compliance with 
applicable laws relating to privacy and confidentiality; 
and 
‘‘(ii) in alignment with the challenging State aca-
demic standards and any local academic standards; 
‘‘(E) a description of how the activities will meet the 
measures of effectiveness described in section 4205(b); 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(F) an assurance that the program will target students 
who primarily attend schools eligible for schoolwide pro-
grams 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 activi-
ties 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 avail-
able 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 prac-
tices, 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 encour-
age 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 edu-
cational 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 para-
graph (1) shall be established based on a sliding scale that 
takes into account— 
‘‘(A) the relative poverty of the population to be tar-
geted by the eligible entity; and 
‘‘(B) the ability of the eligible entity to obtain such 
matching funds. 
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129 STAT. 1991 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 contribu-
tions. 
‘‘(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 edu-
cational 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, involve-
ment 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 commu-
nity-based organization in reasonable geographic proximity and 
of sufficient quality to meet the requirements of this part. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 pre-
ceding subgrant period. 
‘‘SEC. 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 stu-
dent academic achievement; 
‘‘(2) well-rounded education activities, including such activi-
ties that enable students to be eligible for credit recovery or 
attainment; 
‘‘(3) literacy education programs, including financial lit-
eracy 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 stu-
dents who are English learners that emphasize language skills 
and academic achievement; 
‘‘(7) cultural programs; 
‘‘(8) telecommunications and technology education pro-
grams; 
‘‘(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 innova-
tion 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 readi-
ness 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.— 
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129 STAT. 1993 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 commu-
nities; 
‘‘(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). 
‘‘SEC. 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.’’. 
PART C—EXPANDING OPPORTUNITY 
THROUGH QUALITY CHARTER SCHOOLS 
SEC. 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: 
‘‘SEC. 4301. PURPOSE. 
‘‘It is the purpose of this part to— 
20 USC 7221. 
20 USC 7221, 
7221a–7221d. 
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129 STAT. 1994 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(1) improve the United States education system and edu-
cation opportunities for all people in the United States by 
supporting innovation in public education in public school set-
tings 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 prac-
tices 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 aca-
demic standards; 
‘‘(7) support efforts to strengthen the charter school author-
izing 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. 
‘‘SEC. 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 
20 USC 7221a. 
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129 STAT. 1995 
PUBLIC LAW 114–95—DEC. 10, 2015 
Succeeds Act) shall continue to receive funds in accordance with 
the terms and conditions of such grant or subgrant. 
‘‘SEC. 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 activi-
ties 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 over-
sight 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, con-
tracts, or cooperative agreements. 
‘‘(3) RULE OF CONSTRUCTION.— 
‘‘(A) USE OF LOTTERY.—Nothing in this Act shall pro-
hibit 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 
20 USC 7221b. 
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129 STAT. 1996 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(ii) such weighted lotteries are not used for the 
purpose of creating schools exclusively to serve a par-
ticular 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 SUB-
GRANTS; 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— 
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129 STAT. 1997 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 
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129 STAT. 1998 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 avail-
ability 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 Fed-
eral 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 edu-
cational 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 agen-
cies 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— 
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129 STAT. 1999 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 disabil-
ities 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 char-
tering agency based on the performance of the charter 
schools authorized by such agency in the areas of stu-
dent achievement, student safety, financial and oper-
ational 
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— 
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129 STAT. 2000 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 responsibil-
ities 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 revoca-
tion 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, struc-
tural, or operational factors involving the manage-
ment 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 sub-
section (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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 per-
sonnel 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 subpara-
graph (B) of this paragraph; 
‘‘(E) the State entity will promote quality authorizing, 
consistent with State law, such as through providing tech-
nical assistance to support each authorized public char-
tering 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 attri-
tion; 
‘‘(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 author-
ized 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 edu-
cation options available to their children, including— 
‘‘(i) information on the educational program; 
‘‘(ii) student support services; 
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129 STAT. 2002 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 perform-
ance 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 Fed-
eral 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 other-
wise 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 agen-
cies; 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. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 char-
tering agency for developers seeking to open a charter 
school in the State; or 
‘‘(ii) in the case of a State in which local edu-
cational agencies are the only authorized public char-
tering 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 strug-
gling 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 construc-
tion). 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(4) Providing one-time, startup costs associated with pro-
viding 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 subpara-
graphs (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. 
‘‘SEC. 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, con-
structing, 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 govern-
mental entity; 
‘‘(B) a private nonprofit entity; or 
20 USC 7221c. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(C) a consortium of entities described in subpara-
graphs (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 ren-
ovation. 
‘‘(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 para-
graph (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 other-
wise) of an interest (including an interest held by a third 
party for the benefit of a charter school) in improved or unim-
proved 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. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 accom-
plishing the objectives described in subsection (e), an eligible 
entity receiving a grant under subsection (a) shall, in accord-
ance 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 estab-
lished 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 respon-
sibilities 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— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 sub-
section (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 guaran-
teed 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 sub-
section (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 exer-
cise the authority provided in paragraph (1) to collect from 
any eligible entity any funds that are being properly used 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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; DISSEMINA-
TION.—From the amount made available to a State through 
a grant under this subsection for a fiscal year, the State 
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PUBLIC LAW 114–95—DEC. 10, 2015 
may reserve not more than 5 percent to carry out evalua-
tions, to provide technical assistance, and to disseminate 
information. 
‘‘(C) SUPPLEMENT, NOT SUPPLANT.—Funds made avail-
able 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 pro-
gram 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 con-
sistent 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. 
‘‘SEC. 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.— 
20 USC 7221d. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 manage-
ment 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 rep-
lication 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 dem-
onstrated 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 regu-
latory 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 
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129 STAT. 2012 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cational 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, con-
sistent 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 stu-
dents who are enrolled in the immediate prior grade 
level of the affiliated charter school and, for any addi-
tional 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.’’; 
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129 STAT. 2013 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 organiza-
tion 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, non-
governmental entity that is not an authorized public chartering 
agency and provides, on a statewide basis— 
‘‘(A) assistance to developers during the planning, pro-
gram design, and initial implementation of a charter school; 
and 
‘‘(B) technical assistance to operating charter schools.’’; 
(F) in paragraph (6)(B), as redesignated by subpara-
graph (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 deter-
mined 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 identifi-
able 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 addi-
tional charter, if permitted or required by State law.’’; and 
(5) by striking section 4311 (20 U.S.C. 7221j), as redesig-
nated by section 4001, and inserting the following: 
‘‘SEC. 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.’’. 
20 USC 7221j. 
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129 STAT. 2014 
PUBLIC LAW 114–95—DEC. 10, 2015 
PART D—MAGNET SCHOOLS ASSISTANCE 
SEC. 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 fol-
lowing: 
‘‘(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 quali-
fied’’ 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 pro-
gram, 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; 
20 USC 7231e. 
20 USC 7231d. 
20 USC 7231. 
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129 STAT. 2015 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 rep-
resent 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 fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(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 sub-
section (a).’’; and 
(C) in subsection (d), by striking ‘‘July’’ and inserting 
‘‘June’’; 
(6) in section 4409— 
(A) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(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.’’. 
20 USC 7231j. 
20 USC 7231h. 
20 USC 7231f. 
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129 STAT. 2016 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 assist-
ance and share best practices with respect to magnet school pro-
grams assisted under this part.’’. 
PART E—FAMILY ENGAGEMENT IN 
EDUCATION PROGRAMS 
SEC. 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: 
‘‘PART E—FAMILY ENGAGEMENT IN 
EDUCATION PROGRAMS 
‘‘SEC. 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 poli-
cies, 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 edu-
cators 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 edu-
cational 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 integra-
tion of Federal, State, and local services and programs to engage 
families in education. 
‘‘SEC. 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 
20 USC 7242. 
20 USC 7241. 
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129 STAT. 2017 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(2) provide comprehensive training and technical assist-
ance to State educational agencies, local educational agencies, 
schools identified by State educational agencies and local edu-
cational agencies, organizations that support family-school part-
nerships, 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 organiza-
tion or consortium receiving assistance under this part shall dem-
onstrate 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 coordina-
tion of statewide family engagement centers. 
‘‘SEC. 4503. APPLICATIONS. 
‘‘(a) SUBMISSIONS.—Each statewide organization, or a consor-
tium 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 edu-
cation. 
‘‘(4) A description of the applicant’s demonstrated experi-
ence in providing training, information, and support to State 
educational agencies, local educational agencies, schools, edu-
cators, 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 chil-
dren 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— 
20 USC 7243. 
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129 STAT. 2018 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) establish a special advisory committee, the mem-
bership 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 chil-
dren; 
‘‘(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 sec-
tions 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 organiza-
tions that support family members in supporting student 
academic achievement; 
‘‘(I) work with State educational agencies, local edu-
cational agencies, schools, educators, and parents to deter-
mine 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 par-
ents, including low-income students and parents who are 
not proficient in English. 
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129 STAT. 2019 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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). 
‘‘SEC. 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 par-
ents 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 plan-
ning and improvement; 
‘‘(D) to participate in the design and provision of assist-
ance 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 edu-
cation 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 edu-
cation or developmental screening under this section; and 
20 USC 7244. 
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129 STAT. 2020 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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. 
‘‘SEC. 4505. FAMILY ENGAGEMENT IN INDIAN SCHOOLS. 
‘‘The Secretary of the Interior, in consultation with the Sec-
retary 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. 
‘‘SEC. 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.’’.’’. 
PART F—NATIONAL ACTIVITIES 
SEC. 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: 
‘‘PART F—NATIONAL ACTIVITIES 
‘‘SEC. 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. 
20 USC 7251. 
20 USC 7246. 
20 USC 7245. 
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129 STAT. 2021 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘Subpart 1—Education Innovation and Research 
‘‘SEC. 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 enti-
ties 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 attain-
ment for high-need students; and 
‘‘(B) rigorously evaluate such innovations, in accord-
ance 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 pro-
gram 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— 
20 USC 7261. 
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‘‘(i) a local educational agency with an urban-cen-
tric district locale code of 32, 33, 41, 42, or 43, as 
determined by the Secretary; 
‘‘(ii) a consortium of such local educational agen-
cies; 
‘‘(iii) an educational service agency or a nonprofit 
organization in partnership with such a local edu-
cational 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 Sec-
retary 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 sub-
section (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 semi-
nars, and evaluation support; and 
‘‘(2) to disseminate best practices. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘Subpart 2—Community Support for School 
Success 
‘‘SEC. 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. 
‘‘SEC. 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-Deter-
mination 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 enti-
ties. 
‘‘(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 coordi-
nate and integrate educational, developmental, family, 
health, and other comprehensive services through commu-
nity-based organizations and public and private partner-
ships; and 
20 USC 7272. 
20 USC 7271. 
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129 STAT. 2024 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) provides access to such services in school to stu-
dents, 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 opportuni-
ties for children from birth through entry into and success 
in postsecondary education, and career attainment. Such serv-
ices 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 pro-
grams 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 assess-
ment 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 serv-
ices and supports. 
‘‘(H) Juvenile crime prevention and rehabilitation pro-
grams. 
‘‘SEC. 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 sub-
ject to subsection (e), to eligible entities for the following activi-
ties: 
‘‘(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). 
20 USC 7273. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) FULL-SERVICE COMMUNITY SCHOOLS.—The provi-
sion 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 sec-
tion 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 require-
ment 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 con-
tributions. 
‘‘(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 pro-
vide matching funds in an amount that exceeds the amount 
of the grant award. 
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129 STAT. 2026 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) 
CONSIDERATION.—Notwithstanding 
this 
sub-
section, 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 sub-
section (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 avail-
ability of appropriations, the requirements of subsection (a)(2), and 
the number and quality of applications. 
‘‘SEC. 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 
20 USC 7274. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 applica-
tion, including the involvement of family and community mem-
bers. 
‘‘(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 develop-
ment; 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 Edu-
cation Act (20 U.S.C. 1400 et seq.), where applicable. 
‘‘(B) Supporting, enhancing, operating, or expanding 
rigorous, comprehensive, effective educational improve-
ments, 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 pro-
vided 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 pro-
grams and services will be provided to children, family mem-
bers, community members, and children within the neighbor-
hood) 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 engage-
ment, including— 
‘‘(A) involving representative participation by the mem-
bers of such neighborhood in the planning and implementa-
tion of the activities of each grant awarded under this 
subpart for activities described in this section; 
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129 STAT. 2028 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) the provision of strategies and practices to assist 
family and community members in actively supporting stu-
dent 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 edu-
cation and workforce readiness, 
‘‘(10) An explanation of how the eligible entity will continu-
ously evaluate and improve the continuum of high-quality pipe-
line 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 activi-
ties, 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 sub-
section (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. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(C) Evaluating children, other than for the purposes 
of improving instruction, classroom environment, profes-
sional 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 chil-
dren in the neighborhood who are served by the grant program, 
including a description of the number and percentage of chil-
dren 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 lan-
guage 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 perform-
ance 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 aca-
demic 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 continu-
ation 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. 
‘‘SEC. 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: 
20 USC 7275. 
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129 STAT. 2030 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 percent-
age 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 par-
ents. 
‘‘(D) Pipeline services, including existing and additional 
pipeline services, to be coordinated and provided by the 
eligible entity and its partner entities, including an expla-
nation of— 
‘‘(i) why such services have been selected; 
‘‘(ii) how such services will improve student aca-
demic 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 attain-
ment 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— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 out-
comes 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 per-
sonnel. 
‘‘(f) EVALUATIONS BY THE INSTITUTE OF EDUCATION SCIENCES.— 
The Secretary, acting through the Director of the Institute of Edu-
cation 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 activi-
ties 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 agree-
ments, memoranda of understanding, or other agreements between 
such employees and their employers. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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. 
‘‘Subpart 3—National Activities for School Safety 
‘‘SEC. 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 Fed-
eral 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. 
20 USC 7281. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 pro-
posed 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 perma-
nent 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 dis-
rupted 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 dis-
rupted due to a violent or traumatic crisis. 
‘‘Subpart 4—Academic Enrichment 
‘‘SEC. 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 dissemi-
nation 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). 
‘‘SEC. 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 
20 USC 7292. 
20 USC 7291. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 associa-
tions, 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 sub-
part. 
‘‘(c) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with Federal agencies or institutions, arts educators 
(including professional arts education associations), and organiza-
tions representing the arts (including State and local arts agencies 
involved in arts education). 
‘‘(d) PRIORITY.—In awarding grants under this section, the Sec-
retary 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 organiza-
tion. 
‘‘(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 volun-
teers, 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. 
‘‘SEC. 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 
20 USC 7293. 
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129 STAT. 2035 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) be used to— 
‘‘(i) develop, produce, and distribute accessible edu-
cational and instructional video programming for pre-
school and elementary school children and their par-
ents in order to facilitate student academic achieve-
ment; 
‘‘(ii) facilitate the development, directly or through 
contracts with producers of children’s and family edu-
cational 
television 
programming, 
of 
educational 
programming for preschool and elementary school chil-
dren, and the accompanying support materials and 
services that promote the effective use of such program-
ming; 
‘‘(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 tele-
communications entities) so that programming devel-
oped 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 par-
ents, family members, teachers, principals and 
other school leaders, Head Start providers, pro-
viders of family literacy services, child care pro-
viders, 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 para-
graph (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 dis-
tribution of educational and instructional television 
programming of high quality that is accessible by a large 
majority of disadvantaged preschool and elementary school 
children. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) A capacity to contract with the producers of chil-
dren’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 edu-
cational 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 avail-
ability and utilization of materials developed under para-
graph (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 sub-
section (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 con-
sumers and users of the programming. 
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129 STAT. 2037 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(C) The means by which programming developed 
under this section has been distributed, including the dis-
tance 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 edu-
cational 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 sub-
section (a). 
‘‘(B) A description of the education and training mate-
rials 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 admin-
istering 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). 
‘‘SEC. 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 organiza-
tions 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 
20 USC 7294. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 busi-
ness, 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 pro-
grams 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 car-
rying 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 edu-
cation, 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 coordi-
nated 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 Sec-
retary 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) assists schools in the identification of, and provi-
sion 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 dissemi-
nated to appropriate State educational agencies, local edu-
cational 
agencies, 
and 
other 
appropriate 
organizations, 
including private nonprofit organizations; and 
‘‘(3) evaluate the effectiveness of programs under this sec-
tion 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 qualifica-
tions 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 pro-
grams 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.’’. 
TITLE V—STATE INNOVATION AND 
LOCAL FLEXIBILITY 
SEC. 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; 
20 USC 7305, 
7305a, 7305b. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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’’. 
SEC. 5002. FUNDING TRANSFERABILITY FOR STATE AND LOCAL EDU-
CATIONAL 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: 
‘‘SEC. 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 non-
administrative 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. 
20 USC 7305b. 
20 USC 7305a. 
20 USC 7305, 
7305b. 
20 USC 7351. 
20 USC 7351, 
7351c. 
20 USC 7355. 
20 USC 7301, 
7301a, 7301b, 
7311, 7311a, 
7311b, 7315, 
7315a–7315c, 
7321, 
7321a–7321e, 
7325, 
7325a–7325c. 
20 USC 7355, 
7355a–7355c. 
20 USC 7351, 
7351a–7351c. 
20 USC 7345, 
7345a, 7345b. 
20 USC 7341, 
7341a. 
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129 STAT. 2041 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 fol-
lowing: 
‘‘(c) NO TRANSFER OF CERTAIN FUNDING.—A State or local edu-
cational 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’’. 
SEC. 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 
20 USC 7345. 
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129 STAT. 2042 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 sub-
section (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 edu-
cational 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 edu-
cational 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 
20 USC 7345a. 
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129 STAT. 2043 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 enact-
ment 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 sub-
clause (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. 
20 USC 7351a. 
20 USC 7351. 
20 USC 7345b. 
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129 STAT. 2044 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(3) the degree to which progress has been made toward 
meeting the objectives and outcomes described in the applica-
tion submitted under section 5223, including having all stu-
dents 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: 
‘‘SEC. 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 edu-
cational 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. 
20 USC 7351d. 
20 USC 7351c. 
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129 STAT. 2045 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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,’’. 
SEC. 5004. GENERAL PROVISIONS. 
Part C of title V, as redesignated by section 5001 of this 
Act, is amended to read as follows: 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 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 instruc-
tional content, academic standards and assessments, curriculum, 
or program of instruction, as a condition of eligibility to receive 
funds under this Act. 
‘‘SEC. 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.’’. 
SEC. 5005. REVIEW RELATING TO RURAL LOCAL EDUCATIONAL AGEN-
CIES. 
(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 Edu-
cation can take to meaningfully increase the consideration 
and participation of rural schools and rural local edu-
cational 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, Edu-
cation, Labor, and Pensions of the Senate, and the Committee 
on Education and the Workforce of the House of Representa-
tives, which shall describe the final actions developed pursuant 
20 USC 7341a 
note. 
20 USC 7372. 
20 USC 7371. 
20 USC 7355c. 
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129 STAT. 2046 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cation and the Workforce of the House of Representatives of 
why the action was not carried out. 
TITLE VI—INDIAN, NATIVE HAWAIIAN, 
AND ALASKA NATIVE EDUCATION 
SEC. 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 ‘‘sec-
tion 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), sec-
tion 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 
20 USC 7425. 
20 USC 7424. 
20 USC 7423. 
20 USC 7422. 
20 USC 7401, 
7402, 7421–7429, 
7441, 7442, 
7451–7456, 
7471–7474, 7491, 
7492, 7511–7517, 
7541–7546. 
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129 STAT. 2047 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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’’. 
SEC. 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: 
‘‘SEC. 6102. PURPOSE. 
‘‘It is the purpose of this part to support the efforts of local 
educational agencies, Indian tribes and organizations, postsec-
ondary 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 his-
tories, 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: 
‘‘SEC. 6111. PURPOSE. 
‘‘It is the purpose of this subpart to support the efforts of 
local educational agencies, Indian tribes and organizations, and 
20 USC 7515. 
20 USC 7429. 
20 USC 7428. 
20 USC 7427. 
20 USC 7426. 
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129 STAT. 2048 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 alloca-
tions 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 
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129 STAT. 2049 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 commu-
nity-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 sub-
section. 
‘‘(3) DEFINITION OF INDIAN COMMUNITY-BASED ORGANIZA-
TION.—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 edu-
cation officials, and tribal members, from a specific commu-
nity; 
‘‘(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 redesig-
nated 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’’; 
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129 STAT. 2050 
PUBLIC LAW 114–95—DEC. 10, 2015 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘is consistent 
with the State and local plans’’ and inserting ‘‘is con-
sistent 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 fol-
lowing: 
‘‘(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 Edu-
cational 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 activi-
ties 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 
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129 STAT. 2051 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 mem-
bers’’ 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 edu-
cational 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 
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129 STAT. 2052 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 serv-
ices 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 pro-
grams 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 achieve-
ment; 
‘‘(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 cul-
tural and educational needs of Indian children, and incorporate 
appropriately qualified tribal elders and seniors; 
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129 STAT. 2053 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 strate-
gies 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 semi-
colon; 
(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) 
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129 STAT. 2054 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 main-
tain 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 eligi-
bility 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 redesig-
nated by section 6001) is amended— 
(1) by striking the section header and inserting the fol-
lowing: 
‘‘SEC. 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 
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129 STAT. 2055 
PUBLIC LAW 114–95—DEC. 10, 2015 
remedial instruction, to raise the achievement of Indian chil-
dren 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 psycho-
logical 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 serv-
ices; 
‘‘(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-kinder-
garten programs, family-based preschool programs that empha-
size 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 postsec-
ondary 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 cul-
tural 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 dem-
onstrating 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’’. 
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129 STAT. 2056 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 fol-
lowing: 
‘‘(1) to increase the number of qualified Indian teachers 
and administrators serving Indian students;’’; 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(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 reten-
tion of effective teachers, principals, and school leaders who 
have a record of success in helping low-achieving Indian stu-
dents 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, work-
shops, and conferences; 
‘‘(B) teacher mentoring programs, professional guid-
ance, 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. 
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129 STAT. 2057 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 para-
graphs (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 redesig-
nated by section 6001); and 
(2) by redesignating section 6135 (as redesignated by sec-
tion 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 fol-
lowing: 
‘‘SEC. 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 pri-
mary language of instruction; 
20 USC 7453. 
20 USC 7455, 
7452. 
20 USC 
7452–7454. 
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129 STAT. 2058 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(2) to maintain, protect, and promote the rights and 
freedom of Native Americans and Alaska Natives to use, prac-
tice, 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 main-
tain 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 instruc-
tion in elementary schools or secondary schools, or both: 
‘‘(A) An Indian tribe. 
‘‘(B) A Tribal College or University (as defined in sec-
tion 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 Edu-
cation. 
‘‘(F) An Alaska Native Regional Corporation (as 
described in section 3(g) of the Alaska Native Claims Settle-
ment 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 sub-
section (e); 
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129 STAT. 2059 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(iii) ensure the implementation of rigorous aca-
demic 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 depart-
ment, 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 trib-
ally 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 appro-
priate, rates of high school graduation, career readi-
ness, 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 organiza-
tion 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 Amer-
ican 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: 
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129 STAT. 2060 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 lan-
guage 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 pur-
poses 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 PLAN-
NING, DEVELOPMENT, AND COORDINATION.—Section 6132 (20 U.S.C. 
7455) (as redesignated by subsection (n)) is amended to read as 
follows: 
‘‘SEC. 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; 
20 USC 7452. 
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129 STAT. 2061 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 cul-
turally 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 feder-
ally recognized tribe or a State-recognized tribe. 
‘‘(3) TRIBAL EDUCATIONAL AGENCY.—The term ‘tribal edu-
cational agency’ means the agency, department, or instrumen-
tality of an Indian tribe that is primarily responsible for sup-
porting 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 edu-
cational agencies and local educational agencies that edu-
cate students from the tribe; 
‘‘(C) receive training and support from the State edu-
cational 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 pur-
poses 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 reason-
ably prescribe. 
‘‘(2) CONTENTS.—Each application described in paragraph 
(1) shall contain— 
‘‘(A) a statement describing the activities to be con-
ducted, and the objectives to be achieved, under the grant; 
‘‘(B) a description of the method to be used for evalu-
ating the effectiveness of the activities for which assistance 
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129 STAT. 2062 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 con-
sulted 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 com-
plete 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.—Sec-
tion 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 redesig-
nated by section 6001) is amended by adding at the end the fol-
lowing: 
‘‘(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’’; 
20 USC 7456. 
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129 STAT. 2063 
PUBLIC LAW 114–95—DEC. 10, 2015 
(B) by striking ‘‘subparts 2 and 3’’ and inserting ‘‘sub-
part 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.’’. 
SEC. 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: 
‘‘SEC. 6204. NATIVE HAWAIIAN EDUCATION COUNCIL. 
‘‘(a) GRANT AUTHORIZED.—In order to better effectuate the pur-
poses 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 Kame-
hameha 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 rep-
resent 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); 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 pri-
vate sector). 
‘‘(3) REQUIREMENTS.—Any designee serving on the Edu-
cation Council shall demonstrate, as determined by the indi-
vidual 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 Chair-
person 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 Edu-
cation 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 pro-
grams 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. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 exe-
cuting the duties and powers of the Education Council, as 
described in subsection (d). 
‘‘(d) USE OF FUNDS FOR TECHNICAL ASSISTANCE.—The Edu-
cation 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 informa-
tion 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 ses-
sion 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 stu-
dents 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 Edu-
cation 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— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 subpara-
graph (E); and 
(iii) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(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 ‘‘concentra-
tions’’ 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, par-
ents, families,’’; 
(II) in clause (i), by striking ‘‘preschool pro-
grams’’ 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 subpara-
graph (I) and inserting the following: 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 suc-
ceeding 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 redesig-
nated by section 6001) is amended— 
(1) by redesignating paragraphs (1) through (6) as para-
graphs (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.’’. 
SEC. 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 pro-
grams 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 chal-
lenges, 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 lan-
guages and the integration of Alaska Native cultures and lan-
guages into education, positive identity development for Alaska 
Native students, and local, place-based, and culture-based 
programming are critical to the attainment of educational suc-
cess and the long-term well-being of Alaska Native students. 
‘‘(5) Improving educational outcomes for Alaska Native stu-
dents increases access to employment opportunities. 
‘‘(6) The Federal Government should lend support to efforts 
developed by and undertaken within the Alaska Native commu-
nity to improve educational opportunity for Alaska Native stu-
dents. In 1983, pursuant to Public Law 98–63, Alaska ceased 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 cur-
riculum 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: 
‘‘SEC. 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 oper-
ating 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 part-
nership with— 
‘‘(i) a State educational agency or a local edu-
cational 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 defini-
tion 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
organization to carry out programs that meet the pur-
poses 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 edu-
cational 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 profes-
sional 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 chil-
dren’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 cog-
nitive 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.); 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 enrich-
ment 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 deter-
mine 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 stu-
dents 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 leader-
ship, communication, and Alaska Native culture, 
arts, history, and languages; 
‘‘(III) intergenerational learning and intern-
ship opportunities to Alaska Native youth and 
young adults; 
‘‘(IV) providing cultural immersion activities 
aimed at Alaska Native cultural preservation; 
‘‘(V) native language instruction and immer-
sion activities, including native language immer-
sion 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
to build mutual respect and understanding among partici-
pants. 
‘‘(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, men-
toring, 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 com-
pleting 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: 
‘‘SEC. 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 redesig-
nated 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 ‘‘Settle-
ment 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; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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.’’. 
SEC. 6005. REPORT ON NATIVE AMERICAN LANGUAGE MEDIUM EDU-
CATION. 
(a) DEFINITIONS.—In this section: 
(1) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institu-
tion 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 edu-
cational 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 edu-
cational 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 Amer-
ican 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 agen-
cies; 
(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 edu-
cation, 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 success-
ful 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 Amer-
ican languages to provide instruction in reading, language arts, 
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PUBLIC LAW 114–95—DEC. 10, 2015 
mathematics, science, and, as applicable, other academic sub-
jects; 
(3) how such schools and programs assess the academic 
proficiency of the students, including— 
(A) whether the school administers assessments of lan-
guage arts, mathematics, science, and other academic sub-
jects in the Native American language of instruction; 
(B) whether the school administers assessments of lan-
guage arts, mathematics, science, and other academic sub-
jects 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 out-
comes of students who have completed the highest grade taught 
primarily through such schools or programs, including, when 
available, college attendance rates compared with demographi-
cally 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 appro-
priate; 
(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. 
SEC. 6006. REPORT ON RESPONSES TO INDIAN STUDENT SUICIDES. 
(a) PREPARATION.— 
(1) IN GENERAL.—The Secretary of Education, in coordina-
tion 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; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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. 
TITLE VII—IMPACT AID 
SEC. 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)’’; 
20 USC 7707, 
7709. 
20 USC 7707, 
7709. 
20 USC 7702, 
7707, 7710, 7714. 
20 USC 7707. 
20 USC 7707. 
20 USC 7707, 
7710. 
20 USC 7704. 
20 USC 7705, 
7707, 7709, 7714. 
20 USC 
7707–7714. 
20 USC 
7701–7705. 
20 USC 7702 
note. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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)’’. 
SEC. 7002. PURPOSE. 
Section 7001, as redesignated by section 7001 of this Act, is 
amended in the matter preceding paragraph (1), by striking ‘‘chal-
lenging State standards’’ and inserting ‘‘the same challenging State 
academic standards’’. 
SEC. 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 Sec-
retary 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 prop-
erty, 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 
20 USC 7702. 
20 USC 7701. 
20 USC 7707. 
20 USC 7703. 
20 USC 7702. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 suc-
ceeding fiscal year, if a local educational agency described in 
paragraph (2) is formed at any time after 1938 by the consolida-
tion 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 edu-
cational 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 deter-
mined to be eligible under, section 2(c) of the Act of Sep-
tember 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 pre-
ceding 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 edu-
cational 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 
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129 STAT. 2077 
PUBLIC LAW 114–95—DEC. 10, 2015 
(11) in subsection (k)(1) (as redesignated by paragraph 
(10)), by striking ‘‘section 8013(5)(C)(iii)’’ and inserting ‘‘section 
7013(5)(C)(iii)’’. 
SEC. 7004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN. 
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 protec-
tion 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 EDU-
CATIONAL AGENCIES.— 
‘‘(i) IN GENERAL.—A heavily impacted local edu-
cational 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 stu-
dents, 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 stu-
dents, 150 percent of the average per-pupil 
expenditure of the State in which the 
agency is located or the average per-pupil 
20 USC 7703. 
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129 STAT. 2078 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 pur-
poses 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 stu-
dent 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 chil-
dren 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 
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129 STAT. 2079 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 pay-
ment under subparagraph (A) if the agency fails 
to meet the requirements of clause (i) for a subse-
quent 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 subpara-
graph (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 pay-
ment 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 EDU-
CATION.—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 enact-
ment 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 subse-
quent fiscal year only if the agency meets the require-
ments of clause (i) for that subsequent fiscal year, 
except that such agency shall not receive a basic sup-
port 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.— 
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129 STAT. 2080 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(i) IN GENERAL.—Except as provided in subpara-
graph (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 edu-
cational agency is located for the third fiscal year 
preceding the fiscal year for which the determina-
tion 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 deter-
mination 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 sub-
section 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 enroll-
ment of children described in subparagraph 
(A), (B), or (C) of subsection (a)(1) equal to 
at least 10 percent of the agency’s total enroll-
ment and shall be eligible for the student 
weight as provided for in item (aa). 
‘‘(II) ENROLLMENT
OF
100
OR
FEWER
CHIL-
DREN.—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 CHIL-
DREN 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 sub-
section (a)(1), the Secretary shall calculate the 
total number of weighted student units for pur-
poses of subsection (a)(2) by multiplying the 
number of such children by a factor of 1.25. 
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129 STAT. 2081 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(D) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED 
LOCAL EDUCATIONAL AGENCIES.— 
‘‘(i) IN GENERAL.— 
‘‘(I) FORMULA.—Subject to clause (ii), the max-
imum amount that a heavily impacted local edu-
cational 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 edu-
cational 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 sub-
section (a)(1) and not less than 5,000 of such chil-
dren are children described in subparagraphs (A) 
and (B) of subsection (a)(1). 
‘‘(ii) FACTOR.—For purposes of calculating the max-
imum amount described in clause (i), the factor used 
in determining the weighted student units under sub-
section (a)(2) with respect to children described in sub-
paragraphs (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 pre-
ceding the fiscal year for which the local educational agency 
is applying for assistance under this paragraph. 
‘‘(F) DETERMINATION OF AVERAGE TAX RATES FOR GEN-
ERAL 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 pur-
poses for comparable local educational agencies, 
as determined by the Secretary in regulations; or 
‘‘(II) the average tax rate of all the local edu-
cational 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 deter-
mined that it failed to meet the average tax rate 
requirement for general fund purposes in subpara-
graph (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 
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129 STAT. 2082 
PUBLIC LAW 114–95—DEC. 10, 2015 
(I) may continue to have its State use that alter-
nate 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.—Notwith-
standing 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 EDU-
CATIONAL AGENCIES AFFECTED BY PRIVATIZATION OF MILI-
TARY 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 deter-
mined 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 reloca-
tion are ongoing. 
‘‘(ii) AMOUNT OF PAYMENT.—The amount of a pay-
ment 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 sub-
paragraphs (A), (B), and (D) of subsection (a)(1) only in 
grades 9 through 12, and that received a final payment 
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129 STAT. 2083 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 stu-
dents in grades 9 through 12, the Secretary shall, in calcu-
lating 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 multi-
plying— 
‘‘(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 numer-
ator of which is the aggregate of the excess sums, 
by 
‘‘(ii) the difference between the full amount com-
puted 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 appro-
priated 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 
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129 STAT. 2084 
PUBLIC LAW 114–95—DEC. 10, 2015 
educational agency’s threshold payment above 100 per-
cent of its threshold payment described in subpara-
graph (B), payments that were reduced under subpara-
graph (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 subpara-
graph (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 PERCENT-
AGE.—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 com-
parable local educational agencies in the State as deter-
mined 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 edu-
cational 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 sec-
tion 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 sub-
section (a)(1), but only to the extent that such 
children are civilian dependents of employees 
of the Department of Defense or the Depart-
ment of the Interior; or 
‘‘(II) of not less than 100 of such children; and 
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129 STAT. 2085 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(ii) that is the direct result of closure or realign-
ment 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 move-
ments of units or personnel between military installa-
tions 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 sec-
tion 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 chil-
dren; 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 subpara-
graph (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 subpara-
graph (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). 
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129 STAT. 2086 
PUBLIC LAW 114–95—DEC. 10, 2015 
SEC. 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’’. 
SEC. 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)’’; 
SEC. 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 sub-
clause (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). 
SEC. 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)’’. 
20 USC 7708. 
20 USC 7707. 
20 USC 7705. 
20 USC 7704. 
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129 STAT. 2087 
PUBLIC LAW 114–95—DEC. 10, 2015 
SEC. 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’’. 
SEC. 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’’. 
SEC. 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)’’. 
SEC. 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 indi-
vidual, Native group, or village or regional corpora-
tion (including single family occupancy properties 
that may have been subsequently sold or leased 
to a third party), except that property that is con-
veyed 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 
20 USC 7713. 
20 USC 7711. 
20 USC 7710. 
20 USC 7709. 
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129 STAT. 2088 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘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’’. 
SEC. 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’’. 
TITLE VIII—GENERAL PROVISIONS 
SEC. 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 redesig-
nated as title VIII and further amended— 
20 USC 7714. 
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129 STAT. 2089 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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’’. 
SEC. 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 expendi-
tures’ means expenditures for free public education— 
20 USC 7801. 
20 USC 7882, 
7884. 
20 USC 7801, 
7844, 7845. 
20 USC 7801, 
7846. 
20 USC 7941. 
20 USC 
7971–7974. 
20 USC 7961. 
20 USC 
7491–7948. 
20 USC 
7901–7917. 
20 USC 
7881–7886. 
20 USC 7861. 
20 USC 
7841–7846. 
20 USC 
7821–7824. 
20 USC 
7801–7803. 
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129 STAT. 2090 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) including expenditures for administration, instruc-
tion, 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 grad-
uated 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 edu-
cation in the partnership; and 
‘‘(B) applies toward completion of a degree or recog-
nized 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 col-
lege 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 pro-
ficient level of achievement on State assessments described 
in section 1111(b)(3)’’ and inserting ‘‘challenging State aca-
demic 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— 
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129 STAT. 2091 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(i) demonstrates a statistically significant effect 
on improving student outcomes or other relevant out-
comes 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-experi-
mental 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 sec-
tion 1003, the term ‘evidence-based’ means a State, local 
educational agency, or school activity, strategy, or interven-
tion 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 profes-
sional 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 subpara-
graph (B); and 
‘‘(ii) the numerator of which— 
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129 STAT. 2092 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 require-
ments for the regular high school diploma; 
and 
‘‘(CC) obtained within the time period 
for which the State ensures the avail-
ability of a free appropriate public edu-
cation 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 comple-
tion, 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 trans-
ferred out, emigrated to another country, or transferred 
to a prison or juvenile facility, or is deceased. 
‘‘(C) TRANSFERRED OUT.—For purposes of this para-
graph, 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 stu-
dent 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— 
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129 STAT. 2093 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 stu-
dents 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 edu-
cational 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 subpara-
graph (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 require-
ments for the regular high school diploma; 
and 
‘‘(CC) obtained within the time period 
for which the State ensures the avail-
ability of a free appropriate public edu-
cation under section 612(a)(1) of the 
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129 STAT. 2094 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 comple-
tion, 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 trans-
ferred 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 con-
firmation 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 trans-
ferred 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 pro-
gram 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 trans-
ferred 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 stu-
dent 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 
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129 STAT. 2095 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 stu-
dents 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 sec-
ondary 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 facili-
tate 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 per-
mitted 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 exten-
sion of United States education assistance under the Com-
pact 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 
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129 STAT. 2096 
PUBLIC LAW 114–95—DEC. 10, 2015 
extent permitted under section 105(f)(1)(B)(viii) of the Com-
pact 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 suc-
cess 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 effective-
ness; 
‘‘(B) a rigorous, third-party evaluation that uses experi-
mental 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 con-
ducting 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 activi-
ties that— 
‘‘(i) improve and increase teachers’— 
‘‘(I) knowledge of the academic subjects the 
teachers teach; 
‘‘(II) understanding of how students learn; and 
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129 STAT. 2097 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 knowl-
edge 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 cur-
ricula 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 profes-
sional 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 behav-
ioral 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; 
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129 STAT. 2098 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(xiv) include instruction in ways that teachers, 
principals, other school leaders, specialized instruc-
tional 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 oppor-
tunity 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 paraprofes-
sionals to become certified and licensed teachers; 
‘‘(xvii) provide follow-up training to teachers who 
have participated in activities described in this para-
graph 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 pro-
viders, 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.— 
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129 STAT. 2099 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) 
SPECIALIZED
INSTRUCTIONAL
SUPPORT
PER-
SONNEL.—The term ‘specialized instructional support per-
sonnel’ 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 para-
graph (47) (as inserted by paragraph (18)) and paragraph (49) 
(as so redesignated by paragraph (2)) and inserting the fol-
lowing: 
‘‘(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 communica-
tions 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 ‘uni-
versal 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 sub-
jects 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.’’. 
SEC. 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’’. 
20 USC 7802. 
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129 STAT. 2100 
PUBLIC LAW 114–95—DEC. 10, 2015 
SEC. 8004. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPER-
ATED 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’’. 
SEC. 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 semi-
colon; 
(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.’’. 
SEC. 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 consoli-
dates 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 con-
tribute State or local funds to expand the reach of such support 
without violating any supplement, not supplant requirement 
of any program contributing administrative funds.’’. 
SEC. 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 effective-
ness, including program objectives; and 
‘‘(ii) be developed in consultation with Indian 
tribes.’’; and 
20 USC 7824. 
20 USC 7823. 
20 USC 7821. 
20 USC 7803. 
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129 STAT. 2101 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 para-
graph (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, pro-
vide 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).’’. 
SEC. 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: 
‘‘SEC. 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 
20 USC 7825. 
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129 STAT. 2102 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 asso-
ciated 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 pro-
gram or project.’’. 
SEC. 8009. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS. 
Section 8302(b)(1), as redesignated by section 8001 of this Act, 
is amended by striking ‘‘nonprofit’’. 
SEC. 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. 
SEC. 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 agen-
cies, 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 pur-
poses 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.’’. 
SEC. 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’’. 
20 USC 7846. 
20 USC 7845. 
20 USC 7844. 
20 USC 7842. 
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129 STAT. 2103 
PUBLIC LAW 114–95—DEC. 10, 2015 
SEC. 8013. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-
MENTS. 
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 edu-
cational 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 sub-
section (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 deter-
mines the waiver appropriate. 
‘‘(3) RECEIPT OF WAIVER.—Except as provided in subsection 
(b)(4) or (c), the Secretary may waive any statutory or regu-
latory 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 subpara-
graph (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; 
20 USC 7861. 
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129 STAT. 2104 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 trans-
parency in reporting to parents and the public on stu-
dent 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 Sec-
retary, with a description of how the State addressed 
the comments and input; and 
‘‘(iii) provide notice and a reasonable time to com-
ment 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 Sec-
retary and be accompanied by the comments, if any, 
of the State educational agency and the public; and 
‘‘(ii) notice and a reasonable opportunity to com-
ment 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 REVI-
SION.— 
‘‘(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 
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129 STAT. 2105 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 require-
ments 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 ade-
quate 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 deter-
mination in writing to the applicable entity under 
subclause (I) to the public, such as posting in 
a clear and easily accessible format to the Depart-
ment’s website; 
‘‘(ii) offer the State educational agency, local edu-
cational 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 resubmis-
sion 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 ulti-
mately 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 
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129 STAT. 2106 
PUBLIC LAW 114–95—DEC. 10, 2015 
section after a hearing conducted under subpara-
graph (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 fol-
lowing: 
‘‘(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 ‘‘; LIMITA-
TIONS’’ after ‘‘WAIVER’’; 
(B) in paragraph (2), in the matter preceding subpara-
graph (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 Stand-
ards Initiative or any other standards common to a signifi-
cant 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 sys-
tems.’’; 
(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 achieve-
ment; and 
‘‘(2) how the use of the waiver has contributed to such 
progress.’’; and 
(6) in subsection (f), by striking ‘‘if the Secretary deter-
mines’’ 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— 
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129 STAT. 2107 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) presents a rationale and supporting information 
that clearly demonstrates that the waiver is not contrib-
uting 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.’’. 
SEC. 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: 
‘‘PART E—APPROVAL AND DISAPPROVAL OF 
STATE PLANS AND LOCAL APPLICATIONS 
‘‘SEC. 8451. APPROVAL AND DISAPPROVAL OF STATE PLANS. 
‘‘(a) APPROVAL.—A plan submitted by a State pursuant to sec-
tion 2101(d), 4103(c), 4203, or 8302 shall be approved by the Sec-
retary 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 dis-
approve 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 determina-
tion; 
‘‘(B) provide a detailed description of the specific provi-
sions 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 non-
compliant 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 
20 USC 7871. 
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129 STAT. 2108 
PUBLIC LAW 114–95—DEC. 10, 2015 
notification, and resubmits the plan as described in paragraph 
(2)(C), the Secretary shall approve such plan unless the Sec-
retary 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 dis-
approved. 
‘‘(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). 
‘‘SEC. 8452. APPROVAL AND DISAPPROVAL OF LOCAL EDUCATIONAL 
AGENCY APPLICATIONS. 
‘‘(a) APPROVAL.—An application submitted by a local edu-
cational 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 deter-
mination), 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 provi-
sions 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 edu-
cational 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 edu-
cational agency to meet the requirements of such section 
or part, as applicable; 
20 USC 7872. 
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129 STAT. 2109 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(E) conduct a hearing within 30 days of the applica-
tion’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 non-
compliant provisions, needed to make the application 
compliant. 
‘‘(3) RESPONSE.—If the local educational agency responds 
to the State educational agency’s notification described in para-
graph (2)(A) prior to the expiration of the 45-day period begin-
ning 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 deter-
mines 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 edu-
cational agency received the notification, such application shall 
be deemed to be disapproved.’’. 
SEC. 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 fol-
lowing: 
‘‘(3) SPECIAL RULE.— 
‘‘(A) IN
GENERAL.—Educational services and other 
benefits provided under this section for private school chil-
dren, teachers, and other educational personnel shall be 
equitable in comparison to services and other benefits for 
public school children, teachers, and other educational per-
sonnel 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 edu-
cational agency involved shall direct the ombudsman des-
ignated by the agency under section 1117 to monitor and 
enforce the requirements of this section.’’; and 
(B) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) EXPENDITURES.— 
‘‘(A) IN GENERAL.—Expenditures for educational serv-
ices 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 partici-
pating public school children. 
‘‘(B) OBLIGATION OF FUNDS.—Funds allocated to a local 
educational agency for educational services and other bene-
fits to eligible private school children shall be obligated 
20 USC 7881. 
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129 STAT. 2110 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 bene-
fits 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 con-
sultation, 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 pri-
vate 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 
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129 STAT. 2111 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 reason-
able 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 edu-
cational 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 consider-
ation 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 pro-
vide services under this section directly or through con-
tracts 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.’’. 
SEC. 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’’. 
SEC. 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, inves-
tigating, 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 
20 USC 7883. 
20 USC 7882. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
service agency, consortium of those agencies, or entity. The indi-
vidual 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.’’. 
SEC. 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’’. 
SEC. 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 require-
ments 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’’. 
SEC. 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’’. 
SEC. 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’’. 
SEC. 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 ‘‘PROHIB-
ITED 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;’’; 
20 USC 7906. 
20 USC 7904. 
20 USC 7902. 
20 USC 7901. 
20 USC 7884. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(3) by striking ‘‘(a)PROHIBITION.—None of the funds author-
ized under this Act shall be used’’ and inserting ‘‘No funds 
under this Act may be used’’; and 
(4) by striking subsection (b). 
SEC. 8023. PROHIBITIONS. 
Title VIII, as redesignated and amended by section 8001 of 
this Act, is further amended by inserting after section 8526 the 
following: 
‘‘SEC. 8526A. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, 
OR CONTROL. 
‘‘(a) IN GENERAL.—No officer or employee of the Federal Govern-
ment shall, through grants, contracts, or other cooperative agree-
ments, 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 Stand-
ards Initiative, any other academic standards common to a signifi-
cant 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 spe-
cific 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).’’. 
SEC. 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: 
‘‘SEC. 8527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF 
FEDERAL FUNDS. 
‘‘(a) GENERAL PROHIBITION.—Nothing in this Act shall be con-
strued to authorize an officer or employee of the Federal Govern-
ment, 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.—Notwith-
standing any other provision of Federal law, no funds provided 
to the Department under this Act may be used by the Department, 
20 USC 7907. 
20 USC 7906a. 
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129 STAT. 2114 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Stand-
ards 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 Govern-
ment, whether through a grant, contract, or cooperative agree-
ment to mandate, direct, review, or control a State, local edu-
cational agency, or school’s instructional content, curriculum, 
and related activities; 
‘‘(2) limit the application of the General Education Provi-
sions 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 CERTIFI-
CATION OF STANDARDS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
Federal law, no State shall be required to have academic stand-
ards 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 develop-
ment 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.’’. 
SEC. 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.—Not-
withstanding 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 sub-
mitted the prior consent request under paragraph (2). 
‘‘(2) CONSENT.— 
20 USC 7908. 
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129 STAT. 2115 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(A) OPT-OUT PROCESS.—A parent of a secondary school 
student may submit a written request, to the local edu-
cational 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 mili-
tary recruiters the same access to secondary school students 
as is provided to institutions of higher education or to prospec-
tive employers of those students. 
‘‘(4) RULE
OF
CONSTRUCTION
PROHIBITING
OPT-IN
PROC-
ESSES.—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.’’. 
SEC. 8026. PROHIBITION ON FEDERALLY SPONSORED TESTING. 
Section 8529, as redesignated by section 8001 of this Act, is 
amended to read as follows: 
‘‘SEC. 8529. PROHIBITION ON FEDERALLY SPONSORED TESTING. 
‘‘(a) GENERAL PROHIBITION.—Notwithstanding any other provi-
sion 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 assess-
ment or testing materials aligned to the Common Core State Stand-
ards developed under the Common Core State Standards Initiative 
or any other academic standards common to a significant number 
of States. 
20 USC 7909. 
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129 STAT. 2116 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to inter-
national 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.’’. 
SEC. 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’’. 
SEC. 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: 
‘‘SEC. 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 con-
strued to require a State to participate in any program under 
this Act.’’. 
SEC. 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’’. 
SEC. 
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: 
‘‘SEC. 8538. CONSULTATION WITH INDIAN TRIBES AND TRIBAL 
ORGANIZATIONS. 
‘‘(a) IN GENERAL.—To ensure timely and meaningful consulta-
tion on issues affecting American Indian and Alaska Native stu-
dents, an affected local educational agency shall consult with appro-
priate 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 
20 USC 7918. 
20 USC 7914. 
20 USC 7910a. 
20 USC 7910. 
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129 STAT. 2117 
PUBLIC LAW 114–95—DEC. 10, 2015 
this Act or for a program under title VI of this Act. Such consulta-
tion 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 sub-
part 1 of part A of title VI that exceeded $40,000. 
‘‘(2) APPROPRIATE OFFICIALS.—The term ‘appropriate offi-
cials’ 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 consulta-
tion 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.’’. 
SEC. 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: 
‘‘SEC. 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. 
20 USC 7919. 
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129 STAT. 2118 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(b) TECHNICAL ASSISTANCE.—If requested to do so, the Sec-
retary 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.’’. 
SEC. 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: 
‘‘SEC. 8540. CONSULTATION WITH THE GOVERNOR. 
‘‘(a) IN GENERAL.—A State educational agency shall consult 
in a timely and meaningful manner with the Governor, or appro-
priate 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.’’. 
SEC. 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: 
‘‘SEC. 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.’’. 
SEC. 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: 
20 USC 7921. 
20 USC 7920. 
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129 STAT. 2119 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘SEC. 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.—Notwith-
standing subsection (a), nothing in this section shall be construed 
to preempt State or local laws.’’. 
SEC. 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: 
‘‘SEC. 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)).’’. 
SEC. 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: 
‘‘SEC. 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).’’. 
SEC. 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: 
‘‘SEC. 8545. SENSE OF CONGRESS ON PROTECTING STUDENT PRIVACY. 
‘‘(a) FINDINGS.—The Congress finds as follows: 
‘‘(1) Students’ personally identifiable information is impor-
tant 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 
20 USC 7925. 
20 USC 7924. 
20 USC 7923. 
20 USC 7922. 
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129 STAT. 2120 
PUBLIC LAW 114–95—DEC. 10, 2015 
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.’’. 
SEC. 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: 
‘‘SEC. 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 edu-
cational 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 suc-
ceeding regulations; and 
‘‘(2)(A) the matter has been officially closed or the pros-
ecutor 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, 
20 USC 7926. 
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129 STAT. 2121 
PUBLIC LAW 114–95—DEC. 10, 2015 
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.’’. 
SEC. 8039. SENSE OF CONGRESS ON RESTORATION OF STATE SOV-
EREIGNTY 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: 
‘‘SEC. 8547. SENSE OF CONGRESS ON RESTORATION OF STATE SOV-
EREIGNTY 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.’’. 
SEC. 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: 
‘‘SEC. 8548. PRIVACY. 
‘‘The Secretary shall require an assurance that each grantee 
receiving funds under this Act understands the importance of pri-
vacy protections for students and is aware of the responsibilities 
of the grantee under section 444 of the General Education Provi-
sions Act (20 U.S.C. 1232g) (commonly known as the ‘Family Edu-
cation Rights and Privacy Act of 1974’).’’. 
SEC. 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: 
‘‘SEC. 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. 
‘‘SEC. 8549A SENSE OF CONGRESS. 
‘‘(a) FINDINGS.—The Congress finds as follows: 
‘‘(1) This Act prohibits the Federal Government from man-
dating, directing, or controlling a State, local educational 
20 USC 7930. 
20 USC 7929. 
20 USC 7928. 
20 USC 7927. 
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129 STAT. 2122 
PUBLIC LAW 114–95—DEC. 10, 2015 
agency, or school’s curriculum, program of instruction, or alloca-
tion 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 edu-
cation. 
‘‘SEC. 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 pro-
grams. 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. 
‘‘SEC. 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).’’. 
SEC. 8042. EVALUATIONS. 
Section 8601, as redesignated by section 8001 of this Act, is 
amended to read as follows: 
‘‘SEC. 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 
20 USC 7981. 
20 USC 7932. 
20 USC 7931. 
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129 STAT. 2123 
PUBLIC LAW 114–95—DEC. 10, 2015 
practicable and appropriate, and other rigorous meth-
odologies that permit the strongest possible causal 
inferences; 
‘‘(B) conduct studies of the effectiveness of the pro-
grams 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 acces-
sible, 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 pro-
grams, preschool programs, elementary school pro-
grams, and secondary school programs, under any 
other Federal law; 
‘‘(B) to increase the usefulness of the evaluations con-
ducted under this section by improving the quality, timeli-
ness, efficiency, and use of information relating to perform-
ance 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 Edu-
cation Sciences, shall, on a biennial basis, develop, submit to Con-
gress, 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; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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.’’. 
TITLE IX—EDUCATION FOR THE 
HOMELESS AND OTHER LAWS 
PART A—HOMELESS CHILDREN AND YOUTHS 
SEC. 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 require-
ments, 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’’. 
SEC. 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 serv-
ices 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 edu-
cational 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 fol-
lowing: 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 distrib-
utes 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 ‘‘sub-
section 
(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 sub-
clause (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 chal-
lenging 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 estab-
lished 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 pre-
school programs and to public elementary schools and sec-
ondary 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 pre-
school 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 Run-
away and Homeless Youth Act (42 U.S.C. 5701 et seq.); 
‘‘(C) providers of emergency, transitional, and perma-
nent housing to homeless children and youths, and their 
families, including public housing agencies, shelter opera-
tors, operators of transitional housing facilities, and pro-
viders 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 edu-
cational 
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 unaccom-
panied youths) such youths, to ensure that each child or youth 
who is the subject of such an inquiry receives the full protec-
tions 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 
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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 edu-
cational 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 resolu-
tion 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 instruc-
tional 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 home-
less 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 pre-
school 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 edu-
cation 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 pro-
grams 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 
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‘‘(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 enroll-
ment 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 edu-
cational 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 edu-
cational 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 arrange-
ments 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 responsi-
bility 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 assist-
ance activities provided pursuant to paragraphs (5) 
and (6) of subsection (f), as determined appropriate 
by the Office of the Coordinator. 
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‘‘(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 sub-
section 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 edu-
cational agencies and how compliance efforts will be coordi-
nated 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, edu-
cation, 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 deter-
mination 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 unaccom-
panied 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 determina-
tion, in a manner and form understandable to such 
parent, guardian, or unaccompanied youth, including 
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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 home-
less 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 aca-
demic 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 immuniza-
tion or other required health records, in accordance 
with subparagraph (D). 
‘‘(D) RECORDS.—Any record ordinarily kept by the 
school, including immunization or other required health 
records, academic records, birth certificates, guardianship 
records, and evaluations for special services or programs, 
regarding each homeless child or youth shall be main-
tained— 
‘‘(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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 para-
graph (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 enroll-
ment pending resolution of such dispute. 
‘‘(F) PLACEMENT CHOICE.—The choice regarding place-
ment shall be made regardless of whether the child or 
youth lives with the homeless parents or has been tempo-
rarily 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 perma-
nently 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 assist-
ance 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 
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youths and their families, including services and pro-
grams 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 edu-
cational 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 Afford-
able 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 DISABIL-
ITIES.—For children and youths who are to be assisted 
both under this subtitle, and under the Individuals with 
Disabilities Education Act (20 U.S.C. 1400 et seq.) or sec-
tion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), 
each local educational agency shall coordinate the provision 
of services under this subtitle with the provision of pro-
grams 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 para-
graph (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 pro-
grams (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; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 pro-
vided 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 loca-
tions frequented by parents or guardians of such chil-
dren 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 accord-
ance 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 para-
graph (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 chal-
lenging 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 inde-
pendent 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 chil-
dren 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 edu-
cational agency liaisons for homeless children and youths 
shall, as a part of their duties, coordinate and collaborate 
with State Coordinators and community and school per-
sonnel responsible for the provision of education and 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 attend-
ance of homeless children and youths who are not currently 
attending school.’’; and 
(6) by striking subsection (h). 
SEC. 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 enroll-
ment,’’ and inserting ‘‘facilitating the identification, enroll-
ment,’’; 
(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 pre-
school programs, elementary schools, and secondary 
schools,’’; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(ii) in subparagraph (A), by inserting ‘‘identifica-
tion,’’ 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 subpara-
graph (I); 
(iv) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(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 pro-
ficiency’’ 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 meaning-
ful 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’’; 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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’’. 
SEC. 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 nation-
wide 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
ASSIST-
ANCE.—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 docu-
mented 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 pub-
lish 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 suc-
cess of homeless children and youths in school.’’; 
(6) in subsection (h)(1)(A)— 
(A) by striking ‘‘location’’ and inserting ‘‘primary night-
time 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’’. 
SEC. 9105. DEFINITIONS. 
(a) AMENDMENTS.—Section 725 of the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11434a) is amended— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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 pur-
poses of a program under subtitle B of title VII of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.). 
SEC. 9106. AUTHORIZATION OF APPROPRIATIONS. 
Section 726 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11435) is amended to read as follows: 
‘‘SEC. 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.’’. 
SEC. 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. 
PART B—MISCELLANEOUS; OTHER LAWS 
SEC. 9201. FINDINGS AND SENSE OF CONGRESS ON SEXUAL MIS-
CONDUCT. 
(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, contrac-
tors, 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 mis-
conduct 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 stu-
dents 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; 
42 USC 11431 
note. 
42 USC 1143a 
note. 
42 USC 1143a 
note. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(2) local educational agencies or schools should not facilitate 
the transfer of child predators to other local educational agen-
cies 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. 
SEC. 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. 
SEC. 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 Edu-
cation 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 assur-
ance described in subparagraph (A) to the entity awarding 
the subgrant. 
SEC. 9204. ACCOUNTABILITY TO TAXPAYERS THROUGH MONITORING 
AND OVERSIGHT. 
To improve monitoring and oversight of taxpayer funds author-
ized for appropriation under the Elementary and Secondary Edu-
cation 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 compli-
ance 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; 
20 USC 7934. 
20 USC 7933. 
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129 STAT. 2139 
PUBLIC LAW 114–95—DEC. 10, 2015 
(3) publicly report the work undertaken by the Secretary 
to prevent fraud, waste, and abuse with respect to such tax-
payer funds; and 
(4) work with the Office of Inspector General of the Depart-
ment 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 sub-
grantees. 
SEC. 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 pro-
grams, 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). 
SEC. 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 oppor-
tunity 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 Cham-
pion of the World. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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 ‘‘pros-
titution 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 partici-
pating 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
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 prosecu-
torial 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. 
SEC. 9207. EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999 
REAUTHORIZATION. 
(a) DEFINITIONS.—Section 3(1) of the Education Flexibility Part-
nership 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 ‘edu-
cational service agency’,’’; and 
(3) by striking ‘‘section 9101’’ and inserting ‘‘section 8101’’. 
(b) GENERAL PROVISIONS.—Section 4 of the Education Flexi-
bility Partnership Act of 1999 (20 U.S.C. 5891b) is amended to 
read as follows: 
‘‘SEC. 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 pro-
ducing 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 
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129 STAT. 2142 
PUBLIC LAW 114–95—DEC. 10, 2015 
educational goals described in the local applications sub-
mitted under paragraph (4) and for engaging in technical 
assistance and, as applicable and appropriate, imple-
menting 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 agen-
cies, 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 Sec-
retary 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 edu-
cational agency will use to evaluate applications from 
local educational agencies, educational service agen-
cies, or schools requesting waivers of— 
‘‘(I) Federal statutory or regulatory require-
ments as described in paragraph (1)(A); and 
‘‘(II) State statutory or regulatory require-
ments 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 flexi-
bility 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 sub-
sections (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 applica-
tion has been approved or disapproved, and the process 
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129 STAT. 2143 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 dem-
onstrates substantial promise of assisting the State 
educational agency and affected local educational agen-
cies, 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 subpara-
graph (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 require-
ments 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, edu-
cational 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 informa-
tion 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, meas-
urable, educational goals for each local educational 
agency, educational service agency, or school affected 
by the proposed waiver, and for the students served 
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129 STAT. 2144 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 edu-
cational 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 lever-
age 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 edu-
cational agency, educational service agency, or school 
granted a waiver of Federal statutory or regulatory require-
ments 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 
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129 STAT. 2145 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 Sec-
ondary 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 Partner-
ship 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 regu-
latory 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 stu-
dent 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 man-
agers 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 para-
graph (3) for a period of not more than 5 years. 
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129 STAT. 2146 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 com-
plete a review of the performance of the State edu-
cational agency in granting waivers of Federal statu-
tory or regulatory requirements as described in para-
graph (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 estab-
lished 
under 
section 
1111(c)(4)(A)(i) 
of 
the 
Elementary and Secondary Education Act of 1965; 
and 
‘‘(II) demonstrates that local educational agen-
cies, 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 sub-
mitted 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 regu-
latory 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 
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129 STAT. 2147 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 perform-
ance 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 edu-
cational agency to determine if the State educational 
agency— 
‘‘(I) has made progress toward achieving the 
objectives described in the State application sub-
mitted 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 sub-
mitted pursuant to paragraph (4)(A)(iii). 
‘‘(D) TERMINATION.— 
‘‘(i) IN GENERAL.—The Secretary shall terminate 
or temporarily suspend the authority of a State edu-
cational 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 inad-
equate 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 effi-
cient 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; 
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129 STAT. 2148 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(B) shall provide the opportunity for parents, edu-
cators, school administrators, and all other interested mem-
bers of the community to comment regarding the proposed 
waiver authority or waiver; 
‘‘(C) shall provide the opportunity described in subpara-
graph (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 require-
ments 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 Sec-
ondary 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 profes-
sional staff in private schools; 
‘‘(D) parental participation and involvement; 
‘‘(E) distribution of funds to States or to local edu-
cational 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 attend-
ance 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 
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129 STAT. 2149 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 enact-
ment 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 pub-
lished 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.’’. 
SEC. 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. 
SEC. 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 statis-
tically 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 edu-
cational 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) 
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129 STAT. 2150 
PUBLIC LAW 114–95—DEC. 10, 2015 
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
6311(c)(2)), as amended by this Act. 
SEC. 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 edu-
cational 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 class-
room; 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 Representa-
tives 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. 
SEC. 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 allo-
cated 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 Govern-
ment to determine if the four formulas are adequately deliv-
ering funds to local educational agencies with the highest 
districtwide poverty averages. 
(3) The formulas for distributing Targeted Grants and Edu-
cation Finance Incentive grants use two weighting systems, 
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129 STAT. 2151 
PUBLIC LAW 114–95—DEC. 10, 2015 
one based on the percentage of children included in the deter-
mination 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 edu-
cational agency is the weighting system used for that agency 
in the final allocation of Targeted and Education Finance Incen-
tive 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 Edu-
cation 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 ben-
efit or unduly disadvantage any of the local educational 
agencies described in subparagraph (B); 
(D) the extent to which the four formulas unduly ben-
efit 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 ben-
efit or unduly disadvantage lower population local edu-
cational 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 
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129 STAT. 2152 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 commu-
nities 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. 
SEC. 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 chil-
dren, 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 child-
hood 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 chil-
dren’s transition into elementary school; 
(2) to encourage partnerships among Head Start providers, 
State and local governments, Indian tribes and tribal organiza-
tions, private entities (including faith- and community-based 
entities), and local educational agencies, to improve coordina-
tion, program quality, and delivery of services; and 
(3) to maximize parental choice among a mixed delivery 
system of early childhood education program providers. 
42 USC 9831 
note. 
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129 STAT. 2153 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 child-
hood 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 deliv-
ered 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 sub-
section (k), the Secretary, jointly with the Secretary of Edu-
cation, 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 para-
graph (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 sub-
section (c)(1) shall submit an application at such time and in such 
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129 STAT. 2154 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 activi-
ties 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 oper-
ated 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 con-
tinue 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 applica-
tions 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. 
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129 STAT. 2155 
PUBLIC LAW 114–95—DEC. 10, 2015 
(f) USE OF FUNDS.—A State, acting through the State entity 
appointed under subsection (d)(1), that receives a grant under sub-
section (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 collabora-
tion, 
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 pro-
grams; 
(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 enti-
ties) 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 Develop-
ment 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 pro-
viders 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 
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129 STAT. 2156 
PUBLIC LAW 114–95—DEC. 10, 2015 
disadvantaged children, in the development of their chil-
dren 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 devel-
oping 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 edu-
cational 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 sub-
section (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 con-
cluded; 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 sub-
mits with its application the needs assessment completed 
under the preschool development grant (updated as nec-
essary 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-Fed-
eral 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 applica-
tion for renewal at such time and in such manner as the 
Secretary may reasonably require. The application shall con-
tain— 
(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 deter-
mines necessary; 
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129 STAT. 2157 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 para-
graph (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 sub-
grants 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 deter-
mined 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 subpara-
graph will be used to supplement, and not sup-
plant, 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 subpara-
graph (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 chil-
dren 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— 
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129 STAT. 2158 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Sec-
retary 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 rec-
ommendations in the strategic plan developed under sub-
section (f)(2); 
(C)(i) any new partnerships among Head Start pro-
viders, 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 dissemi-
nated 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 child-
hood education programs and the coordination of such pro-
grams. 
(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 appro-
priate, measurable areas of program improvement and 
better use of existing resources; and 
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129 STAT. 2159 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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, stand-
ards, 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 edu-
cation 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 edu-
cation 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 pro-
grams for which coordination and alignment activities are rec-
ommended 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 
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129 STAT. 2160 
PUBLIC LAW 114–95—DEC. 10, 2015 
under this section from the preschool development grants for 
development or expansion program as such program was oper-
ating 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. 
SEC. 9213. REVIEW OF FEDERAL EARLY CHILDHOOD EDUCATION PRO-
GRAMS. 
(a) IN GENERAL.—The Secretary of Health and Human Services, 
in consultation with the heads of all Federal agencies that admin-
ister Federal early childhood education programs, shall conduct 
an interdepartmental review of all early childhood education pro-
grams for children less than 6 years of age in order to— 
(1) develop a plan for the elimination of overlapping pro-
grams, 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 Com-
mittee on Education and the Workforce of the House of Rep-
resentatives 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 develop-
ment 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). 
SEC. 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 
20 USC 1070g–2 
note. 
42 USC 9831 
note. 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(2) any reference in section 6112 of the America COM-
PETES Act (20 U.S.C. 9812), section 553 of the America COM-
PETES 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 certifi-
cation 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 Edu-
cation 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 alter-
native 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 certifi-
cation and licensure requirements, including any requirements 
for certification obtained through alternative routes to certifi-
cation, or, with regard to special education teachers, the quali-
fications 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 alter-
native 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)— 
20 USC 1022a. 
20 USC 1022. 
20 USC 1021. 
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129 STAT. 2162 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 lim-
ited 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 qualifica-
tions 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 lim-
ited 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 pre-
paring 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 certifi-
cation 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 Individ-
uals with Disabilities Education Act, which may 
include training in multiple subjects to teach mul-
tiple 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 certifi-
cation obtained through alternative routes to certifi-
cation, 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 require-
ments for certification obtained through alter-
native routes to certification, or, with regard to 
special education teachers, the qualifications 
described in section 612(a)(14)(C) of the Individ-
uals 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, 
20 USC 1022c. 
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129 STAT. 2163 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 require-
ments 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 Individ-
uals 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 require-
ments 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 Individ-
uals 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 Edu-
cation Act of 1965,’’ and inserting ‘‘meet the applicable 
State certification and licensure requirements, including 
any requirements for certification obtained through alter-
native 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 alter-
native 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 cer-
tification obtained through alternative routes to certifi-
cation, 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 require-
ments, 
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 quali-
fied’’ and inserting ‘‘meet the applicable State certification and 
20 USC 1034. 
20 USC 1033a. 
20 USC 1022g. 
20 USC 1022f. 
20 USC 1022d. 
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129 STAT. 2164 
PUBLIC LAW 114–95—DEC. 10, 2015 
licensure requirements, including any requirements for certifi-
cation 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 fol-
lowing: 
‘‘(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 certifi-
cation and licensure requirements, including any require-
ments 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 certifi-
cation and licensure requirements, including any require-
ments 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 alter-
native 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 alter-
nate 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 
20 USC 1412. 
20 USC 1401. 
20 USC 1161f. 
20 USC 1035. 
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129 STAT. 2165 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 require-
ments set forth in the State’s public charter school 
law; 
‘‘(ii) has not had special education certification or 
licensure requirements waived on an emergency, tem-
porary, 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 qualifica-
tions 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 edu-
cation 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 individ-
uals 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 edu-
cation 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 quali-
fied 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 edu-
cation teachers are highly qualified’’ and inserting 
‘‘special education teachers meet the qualifications 
described in section 612(a)(14)(C)’’; 
20 USC 1462. 
20 USC 1454. 
20 USC 1453. 
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129 STAT. 2166 
PUBLIC LAW 114–95—DEC. 10, 2015 
(ii) in subsection (b)(2)(B), by striking ‘‘highly 
qualified teachers’’ and inserting ‘‘special education 
teachers who meet the qualifications described in sec-
tion 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). 
SEC. 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 Sec-
ondary 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 Agricul-
tural 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 
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129 STAT. 2167 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cation 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 indi-
vidual’ 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 edu-
cational 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 con-
centration of low-income students’ has the meaning given 
the term in section 1707(2) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6537(2)).’’ and 
inserting ‘‘The term ‘high concentration of low-income stu-
dents’, 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 
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129 STAT. 2168 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘(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 ‘‘sec-
tion 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 stu-
dents 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 stu-
dents 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 Edu-
cation 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’’; 
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129 STAT. 2169 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Sec-
ondary 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 Sec-
ondary 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 Sec-
ondary 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 Edu-
cation 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 accord-
ance 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 Sec-
ondary 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 Sec-
ondary 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 
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129 STAT. 2170 
PUBLIC LAW 114–95—DEC. 10, 2015 
(B) in paragraph (7)(A)(i), by striking ‘‘the core aca-
demic 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 aca-
demic 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 Edu-
cation 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 Edu-
cation 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 
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129 STAT. 2171 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cation 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 Sec-
ondary 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 admin-
istering 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 ENHANCE-
MENT ACT.—Section 3181(a)(1) of the Department of Energy Science 
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129 STAT. 2172 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cation 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 depend-
ents 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 Edu-
cation 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 enti-
tled ‘‘An Act to authorize appropriations for carrying out the Earth-
quake 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’’. 
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129 STAT. 2173 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Edu-
cation Act of 1965), system of vocational education, or other school 
system;’’ and inserting ‘‘section 8101 of the Elementary and Sec-
ondary 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 Sec-
ondary 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 Sec-
ondary 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)— 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(A) in clause (i), by striking ‘‘select challenging aca-
demic 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 fol-
lowing: 
‘‘(B) adopt the accountability system, consistent with 
section 1111(c) of such Act, of the State from which stand-
ards 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’, ‘sec-
ondary 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 associ-
ated 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 Edu-
cation Act of 1965 (20 U.S.C. 6316(b))’’ and inserting ‘‘the 
number of schools implementing comprehensive support 
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129 STAT. 2175 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 particu-
larly 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 Edu-
cation 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 Sec-
ondary 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 Sec-
ondary Education Act of 1965’’ and inserting ‘‘section 8101 of the 
Elementary and Secondary Education Act of 1965’’. 
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129 STAT. 2176 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Edu-
cation 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 Sec-
ondary 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 Sec-
ondary 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 
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PUBLIC LAW 114–95—DEC. 10, 2015 
(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 enti-
ties carrying out Even Start programs under subpart 3 
of part B of title I of the Elementary and Secondary Edu-
cation 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 pro-
grams 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 Edu-
cation 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 Edu-
cation Act of the 1965’’; and 
(B) in paragraph (8), by striking ‘‘parental involvement 
efforts under title I of the Elementary and Secondary Edu-
cation 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 Sec-
ondary 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 Sec-
ondary Education Act of 1965’’; 
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129 STAT. 2178 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Sec-
ondary 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 Sec-
ondary Education Act of 1965’’. 
(2) Section 200 (20 U.S.C. 1021) is amended— 
(A) in paragraph (3), by striking ‘‘The term ‘core aca-
demic 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 Sec-
ondary Education Act of 1965)’’; 
(D) by striking paragraph (7) and inserting the fol-
lowing: 
‘‘(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 fol-
lowing: 
‘‘(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 sec-
tion 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 sec-
tion 9101 of the Elementary and Secondary Education Act 
of 1965.’’ and inserting ‘‘The term ‘limited English pro-
ficient’ 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’’ 
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129 STAT. 2179 
PUBLIC LAW 114–95—DEC. 10, 2015 
and inserting ‘‘section 8101 of the Elementary and Sec-
ondary 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 stand-
ards 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 ade-
quate 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 Sec-
ondary 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, 
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129 STAT. 2180 
PUBLIC LAW 114–95—DEC. 10, 2015 
as defined in section 6306 of the Elementary and Secondary 
Education Act of 1965;’’; and 
(B) in subparagraph (B), by striking ‘‘Native Hawai-
ians, 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 sub-
section (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 Sec-
ondary Education Act of 1965’’; and 
(B) by striking paragraph (8) and inserting the fol-
lowing: 
‘‘(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 cer-
tification, 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 Edu-
cation 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 Sec-
ondary 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 
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129 STAT. 2181 
PUBLIC LAW 114–95—DEC. 10, 2015 
amended by section 7001(a), is further amended by striking ‘‘Not-
withstanding section 8005(d) of the Elementary and Secondary Edu-
cation 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 sub-
section (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 Sec-
ondary 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 fol-
lowing: 
‘‘(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 Edu-
cation 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 Edu-
cation Act of 1965’’; and 
(ii) in clause (xi)— 
(I) by striking ‘‘including supplemental edu-
cational 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 Sec-
ondary Education Act of 1965 on the sole basis 
of the assessment results of the disaggregated sub-
group of children with disabilities’’ and inserting 
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129 STAT. 2182 
PUBLIC LAW 114–95—DEC. 10, 2015 
‘‘including direct student services described in sec-
tion 1003A(c)(3) of the Elementary and Secondary 
Education Act of 1965 to children with disabilities, 
to schools or local educational agencies imple-
menting 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 disabil-
ities’’; and 
(II) by striking ‘‘to meet or exceed the objec-
tives established by the State under section 
1111(b)(2)(G) the Elementary and Secondary Edu-
cation Act of 1965’’ and inserting ‘‘based on the 
challenging academic standards described in sec-
tion 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 ‘‘chal-
lenging State academic content standards under sec-
tion 1111(b)(1) of the Elementary and Secondary Edu-
cation 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 para-
graph (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 require-
ments 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’’. 
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129 STAT. 2183 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 develop-
ment of valid and reliable assessments and alternate assess-
ments for assessing student academic achievement, as described 
under section 1111(b)(2) of the Elementary and Secondary Edu-
cation 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 Sec-
ondary 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 Edu-
cation Act of 1965’’. 
(2) Section 457(e)(11)(D)(ii)(I) is amended by striking ‘‘sec-
tion 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’’. 
26 USC 54E. 
50 USC 3205. 
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129 STAT. 2184 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Sec-
ondary 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 sec-
tion 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’’ 
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129 STAT. 2185 
PUBLIC LAW 114–95—DEC. 10, 2015 
and inserting ‘‘section 8101 of the Elementary and Sec-
ondary 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 Sec-
ondary 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 Sec-
ondary 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 Sec-
ondary 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 sup-
port 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 Edu-
cation’’ and inserting ‘‘the four-year adjusted cohort graduation 
rate (as defined in section 8101 of the Elementary and Sec-
ondary 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 gradua-
tion 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).’’. 
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129 STAT. 2186 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 edu-
cation agency as defined in section 9101 of the Elementary and 
Secondary Education Act of 1965 and shall include any tribal edu-
cation 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 institu-
tions 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 
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129 STAT. 2187 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cation Act of 1965’’. 
(jjj) NATIVE HAWAIIAN HEALTH CARE IMPROVEMENT ACT.—Sec-
tion 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 Sec-
ondary 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 edu-
cational 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 Sec-
ondary 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. 
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129 STAT. 2188 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Edu-
cation 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 Edu-
cation 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 Edu-
cation 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 Edu-
cation 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 
29 USC 1760. 
29 USC 794g 
note. 
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129 STAT. 2189 
PUBLIC LAW 114–95—DEC. 10, 2015 
restructuring under section 1116 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6316)’’ and inserting 
‘‘implementing comprehensive support and improvement activi-
ties or targeted support and improvement activities under sec-
tion 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. Offi-
cial 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 improve-
ment activities or targeted support and improvement activities 
under section 1111(d) of the Elementary and Secondary Edu-
cation 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 Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(11))’’ and 
inserting ‘‘ensures that, with respect to core academic sub-
jects (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 sec-
tion 1116 of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6316)’’ and inserting ‘‘implementing 
comprehensive support and improvement activities or tar-
geted 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 
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129 STAT. 2190 
PUBLIC LAW 114–95—DEC. 10, 2015 
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 Innova-
tion 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 Sec-
ondary 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 Sec-
ondary 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 Sec-
ondary 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 Sec-
ondary Education Act of 1965 (20 U.S.C. 7801)’’ and inserting 
‘‘section 8101 of the Elementary and Secondary Education Act 
of 1965’’. 
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129 STAT. 2191 
PUBLIC LAW 114–95—DEC. 10, 2015 
(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 Sec-
ondary 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 Sec-
ondary 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 sec-
ondary 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 Edu-
cation 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 aca-
demic 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 aca-
demic standards, as adopted under section 1111(b)(1) of the 
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129 STAT. 2192 
PUBLIC LAW 114–95—DEC. 10, 2015 
LEGISLATIVE HISTORY—S. 1177 (H.R. 5): 
HOUSE REPORTS: Nos. 114–24, Pt. 1 (Comm. on Education and the Workforce) ac-
companying H.R. 5 and 114–354 (Comm. of Conference). 
SENATE REPORTS: No. 114–231 (Comm. on Health, Education, Labor, and Pen-
sions). 
CONGRESSIONAL RECORD, Vol. 161 (2015): 
July 7–9, 13–16, considered and passed Senate. 
Nov. 17, considered and passed House, amended, pursuant to H. Res. 526. 
Dec. 2, House agreed to conference report. 
Dec. 3, 8, 9, Senate considered and agreed to conference report. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2015): 
Dec. 10, Presidential remarks. 
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.’’. 
Approved December 10, 2015. 
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