[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5 Referred in Senate (RFS)]
113th CONGRESS
1st Session
H. R. 5
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2013
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
AN ACT
To support State and local accountability for public education, protect
State and local authority, inform parents of the performance of their
children's schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success 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. Authorization of appropriations.
Sec. 7. Sense of the Congress.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school
improvement; school support and
recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Adequacy of funding of targeted grants to local educational
agencies in fiscal years after fiscal year
2001.
Sec. 127. Education finance incentive grant program.
Sec. 128. Carryover and waiver.
Sec. 129. Title I portability.
Subtitle C--Additional Aid to States and School Districts
Sec. 131. Additional aid.
Subtitle D--National Assessment
Sec. 141. National assessment of title I.
Subtitle E--Title I General Provisions
Sec. 151. General provisions for title I.
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
Sec. 201. Teacher preparation and effectiveness.
Sec. 202. Conforming repeals.
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
Sec. 301. Parental engagement and local flexibility.
TITLE IV--IMPACT AID
Sec. 401. Purpose.
Sec. 402. Payments relating to Federal acquisition of real property.
Sec. 403. Payments for eligible federally connected children.
Sec. 404. Policies and procedures relating to children residing on
Indian lands.
Sec. 405. Application for payments under sections 8002 and 8003.
Sec. 406. Construction.
Sec. 407. Facilities.
Sec. 408. State consideration of payments providing State aid.
Sec. 409. Federal administration.
Sec. 410. Administrative hearings and judicial review.
Sec. 411. Definitions.
Sec. 412. Authorization of appropriations.
Sec. 413. Conforming amendments.
TITLE V--GENERAL PROVISIONS FOR THE ACT
Sec. 501. General provisions for the Act.
Sec. 502. Repeal.
Sec. 503. Other laws.
Sec. 504. Amendment to IDEA.
TITLE VI--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
Sec. 601. The Federal Government's Trust Responsibility to American
Indian, Alaska Native, and Native Hawaiian
Education.
TITLE VII--HOMELESS EDUCATION
Sec. 701. Statement of policy.
Sec. 702. Grants for State and local activities for the education of
homeless children and youths.
Sec. 703. Local educational agency subgrants for the education of
homeless children and youths.
Sec. 704. Secretarial responsibilities.
Sec. 705. Definitions.
Sec. 706. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS PROVISIONS
Sec. 801. Findings; Sense of the Congress.
SEC. 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.
Unless otherwise provided in this Act, any person or agency that
was awarded a grant under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award, except that funds for such award may not continue more
than one year after the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this
Act, and the amendments made by this Act, shall be effective upon the
date of enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive
programs under which any funds are allotted by the Secretary of
Education to recipients on the basis of a formula, this Act, and the
amendments made by this Act, shall take effect on October 1, 2013.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary on a competitive basis, this Act, and the
amendments made by this Act, shall take effect with respect to
appropriations for use under those programs for fiscal year 2014.
(d) Impact Aid.--With respect to title IV of the Act (20 U.S.C.
7701 et seq.) (Impact Aid), this Act, and the amendments made by this
Act, shall take effect with respect to appropriations for use under
that title for fiscal year 2014.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 2 the following:
``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Title I.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of title I $16,651,767,000 (reduced by
$195,399,345) for each of fiscal years 2014 through 2019.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title I $3,028,000 for each of fiscal years
2014 through 2019.
``(b) Title II.--There are authorized to be appropriated to carry
out title II $2,441,549,000 for each of fiscal years 2014 through 2019.
``(c) Title III.--
``(1) Part a.--
``(A) Subpart 1.--There are authorized to be
appropriated to carry out subpart 1 of part A of title
III $300,000,000 for each of fiscal years 2014 through
2019.
``(B) Subpart 2.--There are authorized to be
appropriated to carry out subpart 2 of part A of title
III $91,647,000 for each of fiscal years 2014 through
2019.
``(C) Subpart 3.--There are authorized to be
appropriated to carry out subpart 3 of part A of title
III $25,000,000 for each of fiscal years 2014 through
2019.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title III $2,055,709,000 for each of fiscal
years 2014 through 2019.
``(d) Title IV.--
``(1) Payments for federal acquisition of real property.--
For the purpose of making payments under section 4002, there
are authorized to be appropriated $63,445,000 for each of
fiscal years 2014 through 2019.
``(2) Basic payments; payments for heavily impacted local
educational agencies.--For the purpose of making payments under
section 4003(b), there are authorized to be appropriated
$1,093,203,000 for each of fiscal years 2014 through 2019.
``(3) Payments for children with disabilities.--For the
purpose of making payments under section 4003(d), there are
authorized to be appropriated $45,881,000 for each of fiscal
years 2014 through 2019.
``(4) Construction.--For the purpose of carrying out
section 4007, there are authorized to be appropriated
$16,529,000 for each of fiscal years 2014 through 2019.
``(5) Facilities maintenance.--For the purpose of carrying
out section 4008, there are authorized to be appropriated
$4,591,000 for each of fiscal years 2014 through 2019.''.
SEC. 7. SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) The Elementary and Secondary Education Act prohibits
the Federal Government from mandating, directing, or
controlling a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State and
local resources, and from mandating a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under such Act.
(2) The Elementary and Secondary Education Act prohibits
the Federal Government from funding the development, pilot
testing, field testing, implementation, administration, or
distribution of any federally sponsored national test in
reading, mathematics, or any other subject, unless specifically
and explicitly authorized by law.
(3) The Secretary of Education, through 3 separate
initiatives, has created a system of waivers and grants that
influence, incentivize, and coerce State educational agencies
into implementing common national elementary and secondary
standards and assessments endorsed by the Secretary.
(4) The Race to the Top Fund encouraged and incentivized
States to adopt Common Core State Standards developed by the
National Governor's Association Center for Best Practices and
the Council of Chief State School Officers.
(5) The Race to the Top Assessment grants awarded to the
Partnership for the Assessment of Readiness for College and
Careers (PARCC) and SMARTER Balanced Assessment Consortium
(SMARTER Balance) initiated the development of Common Core
State Standards aligned assessments that will, in turn, inform
and ultimately influence kindergarten through 12th-grade
curriculum and instructional materials.
(6) The conditional Elementary and Secondary Education Act
flexibility waiver authority employed by the Department of
Education coerced States into accepting Common Core State
Standards and aligned assessments.
(b) Sense of the Congress.--It is the sense of the Congress that
States and local educational agencies should maintain the rights and
responsibilities of determining educational curriculum, programs of
instruction, and assessments for elementary and secondary education.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
SEC. 101. TITLE HEADING.
The title heading for title I (20 U.S.C. 6301 et seq.) is amended
to read as follows:
``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.
SEC. 102. 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 the
opportunity to graduate high school prepared for postsecondary
education or the workforce. This purpose can be accomplished by--
``(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools, English
learners, migratory children, children with disabilities,
Indian children, and neglected or delinquent children;
``(2) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
``(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
``(4) challenging States and local educational agencies to
embrace meaningful, evidence-based education reform, while
encouraging state and local innovation.''.
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
``(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a State educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any State activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Section 1004.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(2) Notification.--Not later than June 1 of each year, a
State educational agency shall notify the Secretary of the
State educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph (1).
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`applicable funding' means funds provided to carry out
State activities under one or more of the following
provisions.
``(i) Section 1003.
``(ii) Section 1004.
``(iii) Subpart 2 of part A of title I.
``(iv) Subpart 3 of part A of title I.
``(v) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that State educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to
local educational agencies or other entities
eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year at the
same time as the Secretary disburses the applicable funding to
State educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal
year.
``(b) Alternative Uses of Federal Funds for Local Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a local educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any local activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Subpart 1 of part A of title I.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(2) Notification.--A local educational agency shall
notify the State educational agency of the local educational
agency's intention to use the applicable funding for any of the
alternative uses under paragraph (1) by a date that is
established by the State educational agency for the
notification.
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
`applicable funding' means funds provided to carry out
local activities under one or more of the following
provisions:
``(i) Subpart 2 of part A of title I.
``(ii) Subpart 3 of part A of title I.
``(iii) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that local educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to
entities eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at the
same time as the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
``(c) Rule for Administrative Costs.--A State educational agency or
a local educational agency shall only use applicable funding (as
defined in subsection (a)(3) or (b)(3), respectively) for
administrative costs incurred in carrying out a provision listed in
subsection (a)(1) or (b)(1), respectively, to the extent that the
agency, in the absence of this section, could have used funds for
administrative costs with respect to a program listed in subsection
(a)(3) or (b)(3), respectively.
``(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local educational
agency of any requirements relating to--
``(1) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(2) comparability of services;
``(3) equitable participation of private school students
and teachers;
``(4) applicable civil rights requirements;
``(5) section 1113; or
``(6) section 1111.''.
SEC. 104. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended--
(1) in subsection (a)--
(A) by striking ``2 percent'' and inserting ``7
percent''; and
(B) by striking ``subpart 2 of part A'' and all
that follows through ``sections 1116 and 1117,'' and
inserting ``chapter B of subpart 1 of part A for each
fiscal year to carry out subsection (b),'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``for schools
identified for school improvement, corrective action,
and restructuring, for activities under section
1116(b)'' and inserting ``to carry out the State's
system of school improvement under section
1111(b)(3)(B)(iii)''; and
(B) in paragraph (2), by striking ``or educational
service agencies'' and inserting ``, educational
service agencies, or non-profit or for-profit external
providers with expertise in using evidence-based or
other effective strategies to improve student
achievement'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' at the
end;
(B) in paragraph (2), by striking ``need for such
funds; and'' and inserting ``commitment to using such
funds to improve such schools.''; and
(C) by striking paragraph (3);
(4) in subsection (d)(1), by striking ``subpart 2 of part
A;'' and inserting ``chapter B of subpart 1 of part A;'';
(5) in subsection (e)--
(A) by striking ``in any fiscal year'' and
inserting ``in fiscal year 2015 and each subsequent
fiscal year'';
(B) by striking ``subpart 2'' and inserting
``chapter B of subpart 1 of part A''; and
(C) by striking ``such subpart'' and inserting
``such chapter'';
(6) in subsection (f), by striking ``and the percentage of
students from each school from families with incomes below the
poverty line''; and
(7) by striking subsection (g).
SEC. 105. DIRECT STUDENT SERVICES.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 1003 the following:
``SEC. 1003A. DIRECT STUDENT SERVICES.
``(a) State Reservation.--Each State shall reserve 3 percent of the
amount the State receives under chapter B of subpart 1 of part A for
each fiscal year to carry out this section. Of such reserved funds, the
State educational agency may use up to 1 percent to administer direct
student services.
``(b) Direct Student Services.--From the amount available after the
application of subsection (a), each State shall award grants in
accordance with this section to local educational agencies to support
direct student services.
``(c) Awards.--The State educational agency shall award grants to
geographically diverse local educational agencies including suburban,
rural, and urban local educational agencies. If there are not enough
funds to award all applicants in a sufficient size and scope to run an
effective direct student services program, the State shall prioritize
awards to local educational agencies with the greatest number of
neglected, delinquent, migrant students, English learners, at-risk
students, and Native Americans, to increase academic achievement of
such students.
``(d) Local Use of Funds.--A local educational agency receiving an
award under this section--
``(1) shall use up to 1 percent of each award for outreach
and communication to parents about their options and to
register students for direct student services;
``(2) may use not more than 2 percent of each award for
administrative costs related to direct student services; and
``(3) shall use the remainder of the award to pay the
transportation required to provide public school choice or the
hourly rate for high-quality academic tutoring services, as
determined by a provider on the State-approved list required
under subsection (f)(2).
``(e) Application.--A local educational agency desiring to receive
an award under subsection (b) shall submit an application describing
how the local educational agency will--
``(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services for
their child's education;
``(2) ensure parents have adequate time and information to
make a meaningful choice prior to enrolling their child in a
direct student service;
``(3) ensure sufficient availability of seats in the public
schools the local educational agency will make available for
public school choice options;
``(4) determine the requirements or criteria for student
eligibility for direct student services;
``(5) select a variety of providers of high-quality
academic tutoring from the State-approved list required under
subsection (f)(2) and ensure fair negotiations in selecting
such providers of high-quality academic tutoring, including
online, on campus, and other models of tutoring which provide
meaningful choices to parents to find the best service for
their child; and
``(6) develop an estimated per pupil expenditure available
for eligible students to use toward high-quality academic
tutoring which shall allow for an adequate level of services to
increase academic achievement from a variety of high-quality
academic tutoring providers.
``(f) Providers and Schools.--The State--
``(1) shall ensure that each local educational agency
receiving an award to provide public school choice can provide
a sufficient number of options to provide a meaningful choice
for parents;
``(2) shall compile a list of State-approved high-quality
academic tutoring providers that includes online, on campus,
and other models of tutoring; and
``(3) shall ensure that each local educational agency
receiving an award will provide an adequate number of high-
quality academic tutoring options to ensure parents have a
meaningful choice of services.''.
SEC. 106. STATE ADMINISTRATION.
Section 1004 (20 U.S.C. 6304) is amended to read as follows:
``SEC. 1004. STATE ADMINISTRATION.
``(a) In General.--Except as provided in subsection (b), to carry
out administrative duties assigned under subparts 1, 2, and 3 of part A
of this title, each State may reserve the greater of--
``(1) 1 percent of the amounts received under such
subparts; or
``(2) $400,000 ($50,000 in the case of each outlying area).
``(b) Exception.--If the sum of the amounts reserved under subparts
1, 2, and 3 of part A of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection (a)(1)
shall not exceed 1 percent of the amount the State would receive if
$14,000,000,000 were allocated among the States for subparts 1, 2, and
3 of part A of this title.''.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
SEC. 111. PART A HEADINGS.
(a) Part Heading.--The part heading for part A of title I (20
U.S.C. 6311 et seq.) is amended to read as follows:
``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.
(b) Subpart 1 Heading.--The Act is amended by striking the subpart
heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and
inserting the following:
``Subpart 1--Improving Basic Programs Operated by Local Educational
Agencies
``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.
(c) Subpart 2 Heading.--The Act is amended by striking the subpart
heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and
inserting the following:
``CHAPTER B--ALLOCATIONS''.
SEC. 112. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a
grant under this subpart, the State educational agency shall
submit to the Secretary a plan, developed by the State
educational agency, in consultation with local educational
agencies, teachers, school leaders, public charter school
representatives, specialized instructional support personnel,
other appropriate school personnel, parents, private sector
employers, and entrepreneurs, that satisfies the requirements
of this section and that is coordinated with other programs
under this Act, the Individuals with Disabilities Education
Act, the Carl D. Perkins Career and Technical Education Act of
2006, the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless Assistance Act.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 5302.
``(b) Academic Standards, Academic Assessments, and State
Accountability.--
``(1) Academic standards.--
``(A) In general.--Each State plan shall
demonstrate that the State has adopted academic content
standards and academic achievement standards aligned
with such content standards that comply with the
requirements of this paragraph.
``(B) Subjects.--The State shall have such academic
standards for mathematics, reading or language arts,
and science, and may have such standards for any other
subject determined by the State.
``(C) Requirements.--The standards described in
subparagraph (A) shall--
``(i) apply to all public schools and
public school students in the State; and
``(ii) with respect to academic achievement
standards, include the same knowledge, skills,
and levels of achievement expected of all
public school students in the State.
``(D) Alternate academic achievement standards.--
Notwithstanding any other provision of this paragraph,
a State may, through a documented and validated
standards-setting process, adopt alternate academic
achievement standards for students with the most
significant cognitive disabilities, if--
``(i) the determination about whether the
achievement of an individual student should be
measured against such standards is made
separately for each student; and
``(ii) such standards--
``(I) are aligned with the State
academic standards required under
subparagraph (A);
``(II) promote access to the
general curriculum; and
``(III) reflect professional
judgment as to the highest possible
standards achievable by such students.
``(E) English language proficiency standards.--Each
State plan shall describe how the State educational
agency will establish English language proficiency
standards that are--
``(i) derived from the four recognized
domains of speaking, listening, reading, and
writing; and
``(ii) aligned with the State's academic
content standards in reading or language arts
under subparagraph (A).
``(2) Academic assessments.--
``(A) In general.--Each State plan shall
demonstrate that the State educational agency, in
consultation with local educational agencies, has
implemented a set of high-quality student academic
assessments in mathematics, reading or language arts,
and science. At the State's discretion, the State plan
may also demonstrate that the State has implemented
such assessments in any other subject chosen by the
State.
``(B) Requirements.--Such assessments shall--
``(i) in the case of mathematics and
reading or language arts, be used in
determining the performance of each local
educational agency and public school in the
State in accordance with the State's
accountability system under paragraph (3);
``(ii) be the same academic assessments
used to measure the academic achievement of all
public school students in the State;
``(iii) be aligned with the State's
academic standards and provide coherent and
timely information about student attainment of
such standards;
``(iv) be used for purposes for which such
assessments are valid and reliable, be of
adequate technical quality for each purpose
required under this Act, and be consistent with
relevant, nationally recognized professional
and technical standards;
``(v)(I) in the case of mathematics and
reading or language arts, be administered in
each of grades 3 through 8 and at least once in
grades 9 through 12;
``(II) in the case of science, be
administered not less than one time during--
``(aa) grades 3 through 5;
``(bb) grades 6 through 9; and
``(cc) grades 10 through 12; and
``(III) in the case of any other subject
chosen by the State, be administered at the
discretion of the State;
``(vi) measure individual student academic
proficiency and, at the State's discretion,
growth;
``(vii) at the State's discretion--
``(I) be administered through a
single annual summative assessment; or
``(II) be administered through
multiple assessments during the course
of the academic year that result in a
single summative score that provides
valid, reliable, and transparent
information on student achievement;
``(viii) include measures that assess
higher-order thinking skills and understanding;
``(ix) provide for--
``(I) the participation in such
assessments of all students;
``(II) the reasonable adaptations
and accommodations for students with
disabilities necessary to measure the
academic achievement of such students
relative to the State's academic
standards; and
``(III) the inclusion of English
learners, who shall be assessed in a
valid and reliable manner and provided
reasonable accommodations, including,
to the extent practicable, assessments
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do
in academic content areas, until such
students have achieved English language
proficiency, as assessed by the State
under subparagraph (D);
``(x) notwithstanding clause (ix)(III),
provide for the assessment of reading or
language arts in English for English learners
who have attended school in the United States
(not including Puerto Rico) for 3 or more
consecutive school years, except that a local
educational agency may, on a case-by-case
basis, provide for the assessment of reading or
language arts for each such student in a
language other than English for a period not to
exceed 2 additional consecutive years if the
assessment would be more likely to yield
accurate and reliable information on what such
student knows and can do, provided that such
student has not yet reached a level of English
language proficiency sufficient to yield valid
and reliable information on what such student
knows and can do on reading or language arts
assessments written in English;
``(xi) produce individual student
interpretive, descriptive, and diagnostic
reports regarding achievement on such
assessments that allow parents, teachers, and
school leaders to understand and address the
specific academic needs of students, and that
are provided to parents, teachers, and school
leaders, as soon as is practicable after the
assessment is given, in an understandable and
uniform format, and to the extent practicable,
in a language that parents can understand;
``(xii) enable results to be disaggregated
within each State, local educational agency,
and school by gender, by each major racial and
ethnic group, by English language proficiency
status, by migrant status, by status as a
student with a disability, and by economically
disadvantaged status, except that, in the case
of a local educational agency or a school, such
disaggregation shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student;
``(xiii) be administered to not less than
95 percent of all students, and not less than
95 percent of each subgroup of students
described in paragraph (3)(B)(ii)(II); and
``(xiv) where practicable, be developed
using the principles of universal design for
learning as defined in section 103(24) of the
Higher Education Act of 1965 (20 U.S.C.
1003(24)).
``(C) Alternate assessments.--A State may provide
for alternate assessments aligned with the alternate
academic standards adopted in accordance with paragraph
(1)(D), for students with the most significant
cognitive disabilities, if the State--
``(i) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education program
teams (as defined in section 614(d)(1)(B) of
the Individuals with Disabilities Education
Act) to apply when determining when a child's
significant cognitive disability justifies
assessment based on alternate achievement
standards;
``(ii) ensures that the parents of such
students are informed that--
``(I) their child's academic
achievement will be measured against
such alternate standards; and
``(II) whether participation in
such assessments precludes the student
from completing the requirements for a
regular high school diploma;
``(iii) demonstrates that such students
are, to the extent practicable, included in the
general curriculum and that such alternate
assessments are aligned with such curriculum;
``(iv) develops, disseminates information
about, and promotes the use of appropriate
accommodations to increase the number of
students with disabilities who are tested
against academic achievement standards for the
grade in which a student is enrolled; and
``(v) ensures that regular and special
education teachers and other appropriate staff
know how to administer the alternate
assessments, including making appropriate use
of accommodations for students with
disabilities.
``(D) Assessments of english language
proficiency.--
``(i) In general.--Each State plan shall
demonstrate that local educational agencies in
the State will provide for an annual assessment
of English proficiency of all English learners
in the schools served by the State educational
agency.
``(ii) Alignment.--The assessments
described in clause (i) shall be aligned with
the State's English language proficiency
standards described in paragraph (1)(E).
``(E) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
``(F) Adaptive assessments.--A State may develop
and administer computer adaptive assessments as the
assessments required under subparagraph (A). If a State
develops and administers a computer adaptive assessment
for such purposes, the assessment shall meet the
requirements of this paragraph, except as follows:
``(i) Notwithstanding subparagraph
(B)(iii), the assessment--
``(I) shall measure, at a minimum,
each student's academic proficiency
against the State's academic standards
for the student's grade level and
growth toward such standards; and
``(II) if the State chooses, may be
used to measure the student's level of
academic proficiency and growth using
assessment items above or below the
student's grade level, including for
use as part of a State's accountability
system under paragraph (3).
``(ii) Subparagraph (B)(ii) shall not be
interpreted to require that all students taking
the computer adaptive assessment be
administered the same assessment items.
``(3) State accountability systems.--
``(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide accountability system
to ensure that all public school students graduate from
high school prepared for postsecondary education or the
workforce without the need for remediation.
``(B) Elements.--Each State accountability system
described in subparagraph (A) shall at a minimum--
``(i) annually measure the academic
achievement of all public school students in
the State against the State's mathematics and
reading or language arts academic standards
adopted under paragraph (1), which may include
measures of student growth toward such
standards, using the mathematics and reading or
language arts assessments described in
paragraph (2)(B) and other valid and reliable
academic indicators related to student
achievement as identified by the State;
``(ii) annually evaluate and identify the
academic performance of each public school in
the State based on--
``(I) student academic achievement
as measured in accordance with clause
(i);
``(II) the overall performance, and
achievement gaps as compared to all
students in the school, for
economically disadvantaged students,
students from major racial and ethnic
groups, students with disabilities, and
English learners, except that
disaggregation of data under this
subclause shall not be required in a
case in which the number of students in
a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student; and
``(III) other measures of school
success; and
``(iii) include a system for school
improvement for low-performing public schools
receiving funds under this subpart that--
``(I) implements interventions in
such schools that are designed to
address such schools' weaknesses; and
``(II) is implemented by local
educational agencies serving such
schools.
``(C) Prohibition.--Nothing in this section shall
be construed to permit the Secretary to establish any
criteria that specifies, defines, or prescribes any
aspect of a State's accountability system developed and
implemented in accordance with this paragraph.
``(D) Accountability for charter schools.--The
accountability provisions under this Act shall be
overseen for charter schools in accordance with State
charter school law.
``(4) Requirements.--Each State plan shall describe--
``(A) how the State educational agency will assist
each local educational agency and each public school
affected by the State plan to comply with the
requirements of this subpart, including how the State
educational agency will work with local educational
agencies to provide technical assistance; and
``(B) how the State educational agency will ensure
that the results of the State assessments described in
paragraph (2), the other indicators selected by the
State under paragraph (3)(B)(i), and the school
evaluations described in paragraph (3)(B)(ii), will be
promptly provided to local educational agencies,
schools, teachers, and parents in a manner that is
clear and easy to understand, but not later than before
the beginning of the school year following the school
year in which such assessments, other indicators, or
evaluations are taken or completed.
``(5) Timeline for implementation.--Each State plan shall
describe the process by which the State will adopt and
implement the State academic standards, assessments, and
accountability system required under this section within 2
years of enactment of the Student Success Act.
``(6) Existing standards.--Nothing in this subpart shall
prohibit a State from revising, consistent with this section,
any standard adopted under this section before or after the
date of enactment of the Student Success Act.
``(7) Existing state law.--Nothing in this section shall be
construed to alter any State law or regulation granting parents
authority over schools that repeatedly failed to make adequate
yearly progress under this section, as in effect on the day
before the date of the enactment of the Student Success Act.
``(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
``(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the academic
standards, academic assessments, and State accountability
system developed and implemented under this section;
``(2) the State will participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act if the Secretary pays
the costs of administering such assessments;
``(3) the State educational agency will notify local
educational agencies and the public of the authority to operate
schoolwide programs;
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this subpart;
``(5) the State educational agency will encourage schools
to consolidate funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs under
section 1114;
``(6) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114; and
``(7) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority to transfer funds under section 1002 and to
obtain waivers under section 5401.
``(d) Parental Involvement.--Each State plan shall describe how the
State educational agency will support the collection and dissemination
to local educational agencies and schools of effective parental
involvement practices. Such practices shall--
``(1) be based on the most current research that meets the
highest professional and technical standards on effective
parental involvement that fosters achievement to high standards
for all children;
``(2) be geared toward lowering barriers to greater
participation by parents in school planning, review, and
improvement; and
``(3) be coordinated with programs funded under subpart 3
of part A of title III.
``(e) Peer Review and Secretarial Approval.--
``(1) Establishment.--Notwithstanding section 5543, the
Secretary shall--
``(A) establish a peer-review process to assist in
the review of State plans; and
``(B) appoint individuals to the peer-review
process who are representative of parents, teachers,
State educational agencies, local educational agencies,
and private sector employers (including representatives
of entrepreneurial ventures), and who are familiar with
educational standards, assessments, accountability, the
needs of low-performing schools, and other educational
needs of students, and ensure that 65 percent of such
appointees are practitioners and 10 percent are
representatives of private sector employers.
``(2) Approval.--The Secretary shall--
``(A) approve a State plan within 120 days of its
submission;
``(B) disapprove of the State plan only if the
Secretary demonstrates how the State plan fails to meet
the requirements of this section and immediately
notifies the State of such determination and the
reasons for such determination;
``(C) not decline to approve a State's plan
before--
``(i) offering the State an opportunity to
revise its plan;
``(ii) providing technical assistance in
order to assist the State to meet the
requirements of this section; and
``(iii) providing a hearing; and
``(D) have the authority to disapprove a State plan
for not meeting the requirements of this subpart, but
shall not have the authority to require a State, as a
condition of approval of the State plan, to include in,
or delete from, such plan one or more specific elements
of the State's academic standards or State
accountability system, or to use specific academic
assessments or other indicators.
``(3) State revisions.--A State plan shall be revised by
the State educational agency if it is necessary to satisfy the
requirements of this section.
``(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted in a
manner that is immediately made available to the public through
the website of the Department, including--
``(A) peer review guidance;
``(B) the names of the peer reviewers;
``(C) State plans submitted or resubmitted by a
State, including the current approved plans;
``(D) peer review notes;
``(E) State plan determinations by the Secretary,
including approvals or disapprovals, and any deviations
from the peer reviewers' recommendations with an
explanation of the deviation; and
``(F) hearings.
``(5) Prohibition.--The Secretary, and the Secretary's
staff, may not attempt to participate in, or influence, the
peer review process. No Federal employee may participate in, or
attempt to influence the peer review process, except to respond
to questions of a technical nature, which shall be publicly
reported.
``(f) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised as
necessary by the State educational agency to reflect
changes in the State's strategies and programs under
this subpart.
``(2) Additional information.--If a State makes significant
changes to its State plan, such as the adoption of new State
academic standards or new academic assessments, or adopts a new
State accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
``(g) Failure To Meet Requirements.--If a State fails to meet any
of the requirements of this section then the Secretary shall withhold
funds for State administration under this subpart until the Secretary
determines that the State has fulfilled those requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this subpart shall prepare and disseminate an
annual State report card. Such dissemination shall
include, at a minimum, publicly posting the report card
on the home page of the State educational agency's
website.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in an understandable and
uniform format that is developed in
consultation with parents and, to the extent
practicable, provided in a language that
parents can understand.
``(C) Required information.--The State shall
include in its annual State report card information
on--
``(i) the performance of students, in the
aggregate and disaggregated by the categories
of students described in subsection
(b)(2)(B)(xii) (except that such disaggregation
shall not be required in a case in which the
number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student), on the State academic
assessments described in subsection (b)(2);
``(ii) the participation rate on such
assessments, in the aggregate and disaggregated
in accordance with clause (i);
``(iii) the performance of students, in the
aggregate and disaggregated in accordance with
clause (i), on other academic indicators
described in subsection (b)(3)(B)(i);
``(iv) for each public high school in the
State, in the aggregate and disaggregated in
accordance with clause (i)--
``(I) the four-year adjusted cohort
graduation rate, and
``(II) if applicable, the extended-
year adjusted cohort graduation rate,
reported separately for students
graduating in 5 years or less, students
graduating in 6 years or less, and
students graduating in 7 or more years;
``(v) each public school's evaluation
results as determined in accordance with
subsection (b)(3)(B)(ii);
``(vi) the acquisition of English
proficiency by English learners;
``(vii) the number and percentage of
teachers in each category established under
clause (iii) of section 2123(1)(A), except that
such information shall not reveal personally
identifiable information about an individual
teacher; and
``(viii) the results of the assessments
described in subsection (c)(2).
``(D) Optional information.--The State may include
in its annual State report card such other information
as the State believes will best provide parents,
students, and other members of the public with
information regarding the progress of each of the
State's public elementary schools and public secondary
schools, such as the number of students enrolled in
each public secondary school in the State attaining
career and technical proficiencies, as defined in
section 113(b)(2)(A) of the Carl D. Perkins Career and
Technical Education Act of 2006, and reported by the
State in a manner consistent with section 113(c) of
such Act.
``(2) Annual local educational agency report cards.--
``(A) In general.--A local educational agency that
receives assistance under this subpart shall prepare
and disseminate an annual local educational agency
report card.
``(B) Minimum requirements.--The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local
educational agency's annual report the information
described in paragraph (1)(C) as applied to the local
educational agency and each school served by the local
educational agency, and--
``(i) in the case of a local educational
agency, information that shows how students
served by the local educational agency achieved
on the statewide academic assessment and other
academic indicators adopted in accordance with
subsection (b)(3)(B)(i) compared to students in
the State as a whole; and
``(ii) in the case of a school, the
school's evaluation under subsection
(b)(3)(B)(ii).
``(C) Other information.--A local educational
agency may include in its annual local educational
agency report card any other appropriate information,
whether or not such information is included in the
annual State report card.
``(D) Data.--A local educational agency or school
shall only include in its annual local educational
agency report card data that are sufficient to yield
statistically reliable information, as determined by
the State, and that do not reveal personally
identifiable information about an individual student.
``(E) Public dissemination.--The local educational
agency shall publicly disseminate the information
described in this paragraph to all schools served by
the local educational agency and to all parents of
students attending those schools in an understandable
and uniform format, and, to the extent practicable, in
a language that parents can understand, and make the
information widely available through public means, such
as posting on the Internet, distribution to the media,
and distribution through public agencies, except that
if a local educational agency issues a report card for
all students, the local educational agency may include
the information under this section as part of such
report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency may use public report cards on the
performance of students, schools, local educational agencies,
or the State, that were in effect prior to the enactment of the
Student Success Act for the purpose of this subsection, so long
as any such report card is modified, as may be needed, to
contain the information required by this subsection.
``(4) Parents right-to-know.--
``(A) Achievement information.--At the beginning of
each school year, a school that receives funds under
this subpart shall provide to each individual parent
information on the level of achievement of the parent's
child in each of the State academic assessments and
other academic indicators adopted in accordance with
this subpart.
``(B) Format.--The notice and information provided
to parents under this paragraph shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
``(i) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals consistent with section 444 of the General Education
Provisions Act.
``(j) Voluntary Partnerships.--A State may enter into a voluntary
partnership with another State to develop and implement the academic
standards and assessments required under this section, except that the
Secretary shall not, either directly or indirectly, attempt to
influence, incentivize, or coerce State--
``(1) adoption of the Common Core State Standards developed
under the Common Core State Standards Initiative, any other
academic standards common to a significant number of States, or
assessments tied to such standards; or
``(2) participation in any such partnerships.
``(k) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part
for student promotion or graduation purposes.
``(l) Special Rule With Respect To Bureau-Funded Schools.--In
determining the assessments to be used by each school operated or
funded by the Bureau of Indian Education receiving funds under this
subpart, the following shall apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments and other
academic indicators the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment and academic indicators as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment
and other academic indicators, in consultation with and with
the approval of, the Secretary of the Interior and consistent
with assessments and academic indicators adopted by other
schools in the same State or region, that meet the requirements
of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment and other academic indicators developed by such
agency or division, except that the Secretary of the Interior
shall ensure that such assessment and academic indicators meet
the requirements of this section.''.
SEC. 113. 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 subpart for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted
as part of a consolidated application under section 5305.
``(b) Plan Provisions.--Each local educational agency plan shall
describe--
``(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's academic
standards;
``(2) how the local educational agency will identify
quickly and effectively those students who may be at risk of
failing to meet the State's academic standards;
``(3) how the local educational agency will provide
additional educational assistance to individual students in
need of additional help in meeting the State's academic
standards;
``(4) how the local educational agency will implement the
school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools identified
under such section;
``(5) how the local educational agency will coordinate
programs under this subpart with other programs under this Act
and other Acts, as appropriate;
``(6) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section 1115,
will identify the eligible children most in need of services
under this subpart;
``(8) in general, the nature of the programs to be
conducted by the local educational agency's schools under
sections 1114 and 1115, and, where appropriate, educational
services outside such schools for children living in local
institutions for neglected and delinquent children, and for
neglected and delinquent children in community day school
programs;
``(9) how the local educational agency will ensure that
migratory children who are eligible to receive services under
this subpart are selected to receive such services on the same
basis as other children who are selected to receive services
under this subpart;
``(10) the services the local educational agency will
provide homeless children, including services provided with
funds reserved under section 1113(c)(3)(A);
``(11) the strategy the local educational agency will use
to implement effective parental involvement under section 1118;
``(12) if appropriate, how the local educational agency
will use funds under this subpart to support preschool programs
for children, particularly children participating in a Head
Start program, which services may be provided directly by the
local educational agency or through a subcontract with the
local Head Start agency designated by the Secretary of Health
and Human Services under section 641 of the Head Start Act, or
another comparable early childhood development program;
``(13) how the local educational agency, through incentives
for voluntary transfers, the provision of professional
development, recruitment programs, incentive pay, performance
pay, or other effective strategies, will address disparities in
the rates of low-income and minority students and other
students being taught by ineffective teachers;
``(14) if appropriate, how the local educational agency
will use funds under this subpart to support programs that
coordinate and integrate--
``(A) career and technical education aligned with
State technical standards that promote skills
attainment important to in-demand occupations or
industries in the State and the State's academic
standards under section 1111(b)(1); and
``(B) work-based learning opportunities that
provide students in-depth interaction with industry
professionals; and
``(15) if appropriate, how the local educational agency
will use funds under this subpart to support dual enrollment
programs, early college high schools, and Advanced Placement or
International Baccalaureate programs.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) participate, if selected, in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
``(2) inform schools of schoolwide program authority and
the ability to consolidate funds from Federal, State, and local
sources;
``(3) provide technical assistance to schoolwide programs;
``(4) provide services to eligible children attending
private elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials or representatives regarding such
services;
``(5) in the case of a local educational agency that
chooses to use funds under this subpart to provide early
childhood development services to low-income children below the
age of compulsory school attendance, ensure that such services
comply with the performance standards established under section
641A(a) of the Head Start Act;
``(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's behalf
under Title V; and
``(7) ensure that the results of the academic assessments
required under section 1111(b)(2) will be provided to parents
and teachers as soon as is practicably possible after the test
is taken, in an understandable and uniform format and, to the
extent practicable, provided in a language that the parents can
understand.
``(d) Special Rule.--In carrying out subsection (c)(5), the
Secretary shall--
``(1) consult with the Secretary of Health and Human
Services and shall establish procedures (taking into
consideration existing State and local laws, and local teacher
contracts) to assist local educational agencies to comply with
such subparagraph; and
``(2) disseminate to local educational agencies the
education performance standards in effect under section
641A(a)(1)(B) of the Head Start Act, and such agencies affected
by such subsection shall plan for the implementation of such
subsection (taking into consideration existing State and local
laws, and local teacher contracts).
``(e) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers, school
leaders, public charter school representatives, administrators,
and other appropriate school personnel, and with parents of
children in schools served under this subpart.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the date
of enactment of this Act and shall remain in effect for the
duration of the agency's participation under this subpart.
``(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(f) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve
a local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(A) enables schools served under this subpart to
substantially help children served under this subpart
to meet the State's academic standards described in
section 1111(b)(1); and
``(B) meets the requirements of this section.
``(3) Review.--The State educational agency shall review
the local educational agency's plan to determine if such
agency's activities are in accordance with section 1118.
``(g) Parental Notification.--
``(1) In general.--Each local educational agency using
funds under this subpart and subpart 4 to provide a language
instruction educational program shall, not later than 30 days
after the beginning of the school year, inform parents of an
English learner identified for participation, or participating
in, such a program of--
``(A) the reasons for the identification of their
child as an English learner and in need of placement in
a language instruction educational program;
``(B) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
``(C) the methods of instruction used in the
program in which their child is, or will be
participating, and the methods of instruction used in
other available programs, including how such programs
differ in content, instructional goals, and the use of
English and a native language in instruction;
``(D) how the program in which their child is, or
will be participating, will meet the educational
strengths and needs of their child;
``(E) how such program will specifically help their
child learn English, and meet age-appropriate academic
achievement standards for grade promotion and
graduation;
``(F) the specific exit requirements for the
program, including the expected rate of transition from
such program into classrooms that are not tailored for
English learners, and the expected rate of graduation
from high school for such program if funds under this
subpart are used for children in secondary schools;
``(G) in the case of a child with a disability, how
such program meets the objectives of the individualized
education program of the child; and
``(H) information pertaining to parental rights
that includes written guidance--
``(i) detailing--
``(I) the right that parents have
to have their child immediately removed
from such program upon their request;
and
``(II) the options that parents
have to decline to enroll their child
in such program or to choose another
program or method of instruction, if
available; and
``(ii) assisting parents in selecting among
various programs and methods of instruction, if
more than one program or method is offered by
the eligible entity.
``(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational program for
English learners shall be in an understandable and uniform
format and, to the extent practicable, provided in a language
that the parents can understand.
``(3) Special rule applicable during the school year.--For
those children who have not been identified as English learners
prior to the beginning of the school year the local educational
agency shall notify parents within the first 2 weeks of the
child being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
``(4) Parental participation.--Each local educational
agency receiving funds under this subpart shall implement an
effective means of outreach to parents of English learners to
inform the parents regarding how the parents can be involved in
the education of their children, and be active participants in
assisting their children to attain English proficiency, achieve
at high levels in core academic subjects, and meet the State's
academic standards expected of all students, including holding,
and sending notice of opportunities for, regular meetings for
the purpose of formulating and responding to recommendations
from parents of students assisted under this subpart.
``(5) Basis for admission or exclusion.--A student shall
not be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.''.
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart''; and
(2) in subsection (c)(4)--
(A) by striking ``subpart 2'' and inserting
``chapter B''; and
(B) by striking ``school improvement, corrective
action, and restructuring under section 1116(b)'' and
inserting ``school improvement under section
1111(b)(3)(B)(iii)''.
SEC. 115. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``part'' and inserting
``subpart''; and
(ii) by striking ``in which'' through
``such families'';
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``part'' and inserting ``subpart''; and
(ii) in subparagraph (B)--
(I) by striking ``children with
limited English proficiency'' and
inserting ``English learners''; and
(II) by striking ``part'' and
inserting ``subpart'';
(C) in paragraph (3)(B), by striking ``maintenance
of effort,'' after ``private school children,''; and
(D) by striking paragraph (4); and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``(including'' and
all that follows through ``1309(2))'';
and
(II) by striking ``content
standards and the State student
academic achievement standards'' and
inserting ``standards'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``proficient'' and all that follows
through ``section 1111(b)(1)(D)'' and
inserting ``academic standards
described in section 1111(b)(1)'';
(II) in clause (ii), in the matter
preceding subclause (I), by striking
``based on scientifically based
research'' and inserting ``evidence-
based'';
(III) in clause (iii)--
(aa) in subclause (I)--
(AA) by striking
``student academic
achievement standards''
and inserting
``academic standards'';
and
(BB) by striking
``schoolwide program,''
and all that follows
through ``technical
education programs;
and'' and inserting
``schoolwide programs;
and''; and
(bb) in subclause (II), by
striking ``and'';
(IV) in clause (iv)--
(aa) by striking ``the
State and local improvement
plans'' and inserting ``school
improvement strategies''; and
(bb) by striking the period
and inserting ``; and''; and
(V) by adding at the end the
following new clause:
``(v) may be delivered by nonprofit or for-
profit external providers with expertise in
using evidence-based or other effective
strategies to improve student achievement.'';
(iii) in subparagraph (C), by striking
``highly qualified'' and inserting
``effective'';
(iv) in subparagraph (D)--
(I) by striking ``In accordance
with section 1119 and subsection
(a)(4), high-quality'' and inserting
``High-quality'';
(II) by striking ``pupil services''
and inserting ``specialized
instructional support services''; and
(III) by striking ``student
academic achievement'' and inserting
``academic'';
(v) in subparagraph (E), by striking
``high-quality highly qualified'' and inserting
``effective'';
(vi) in subparagraph (G), by striking ``,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program,'';
(vii) in subparagraph (H), by striking
``section 1111(b)(3)'' and inserting ``section
1111(b)(2)'';
(viii) in subparagraph (I), by striking
``proficient or advanced levels of academic
achievement standards'' and inserting ``State
academic standards''; and
(ix) in subparagraph (J), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``first
develop'' and all that follows
through ``2001)'' and inserting
``have in place''; and
(bb) by striking ``and its
school support team or other
technical assistance provider
under section 1117'';
(II) in clause (ii), by striking
``part'' and inserting ``subpart''; and
(III) in clause (iv), by striking
``section 1111(b)(3)'' and inserting
``section 1111(b)(2)''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``, after considering
the recommendation of the
technical assistance providers
under section 1117,''; and
(bb) in subclause (II), by
striking ``No Child Left Behind
Act of 2001'' and inserting
``Student Success Act'';
(II) in clause (ii)--
(aa) by striking
``(including administrators of
programs described in other
parts of this title)''; and
(bb) by striking ``pupil
services'' and inserting
``specialized instructional
support services'';
(III) in clause (iii), by striking
``part'' and inserting ``subpart''; and
(IV) in clause (v), by striking
``Reading First, Early Reading First,
Even Start,''; and
(3) in subsection (c)--
(A) by striking ``part'' and inserting ``subpart'';
and
(B) by striking ``6,'' and all that follows through
the period at the end and inserting ``6.''.
SEC. 116. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) in subsection (a)--
(A) by striking ``are ineligible for a schoolwide
program under section 1114, or that'';
(B) by striking ``operate such'' and inserting
``operate''; and
(C) by striking ``part'' and inserting ``subpart'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``challenging
student academic achievement'' and inserting
``academic'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limited English
proficient children'' and inserting
``English learners''; and
(II) by striking ``part'' each
place it appears and inserting
``subpart'';
(ii) in subparagraph (B)--
(I) in the heading, by striking ``,
even start, or early reading first'';
(II) by striking ``, Even Start, or
Early Reading First''; and
(III) by striking ``part'' and
inserting ``subpart'';
(iii) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Subpart 3 children.--'';
(II) by striking ``part C'' and
inserting ``subpart 3''; and
(III) by striking ``part'' and
inserting ``subpart'';
(iv) in subparagraphs (D) and (E), by
striking ``part'' each place it appears and
inserting ``subpart'';
(C) in paragraph (3), by striking ``part'' and
inserting ``subpart'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(ii) in subparagraph (A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(iii) in subparagraph (B), by striking
``part'' and inserting ``subpart'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``based on
scientifically based research'' and
inserting ``evidence-based''; and
(II) in clause (iii), by striking
``part'' and inserting ``subpart'';
(v) in subparagraph (D), by striking ``such
as Head Start, Even Start, Early Reading First
or State-run preschool programs'';
(vi) in subparagraph (E), by striking
``highly qualified'' and inserting
``effective'';
(vii) in subparagraph (F)--
(I) by striking ``in accordance
with subsection (e)(3) and section
1119,'';
(II) by striking ``part'' and
inserting ``subpart''; and
(III) by striking ``pupil services
personnel'' and inserting ``specialized
instructional support personnel''; and
(viii) in subparagraph (H), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``proficient and advanced
levels of achievement'' and inserting
``academic standards'';
(ii) in subparagraph (A), by striking
``part'' and inserting ``subpart''; and
(iii) in subparagraph (B), by striking
``challenging student academic achievement''
and inserting ``academic'';
(4) in subsection (d), in the matter preceding paragraph
(1), by striking ``part'' each place it appears and inserting
``subpart'';
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by
striking ``part'' and inserting ``subpart'';
and
(ii) in clause (iii), by striking ``pupil
services'' and inserting ``specialized
instructional support services''; and
(B) by striking paragraph (3); and
(6) by adding at the end the following new subsection:
``(f) Delivery of Services.--The elements of a targeted assistance
program under this section may be delivered by nonprofit or for-profit
external providers with expertise in using evidence-based or other
effective strategies to improve student achievement.''.
SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.
The Act is amended by repealing sections 1116 and 1117 (20 U.S.C.
6316; 6317).
SEC. 118. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6318) is amended--
(1) by striking ``part'' each place such term appears and
inserting ``subpart'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``,
and'' and all that follows through ``1116'';
and
(ii) in subparagraph (D), by striking ``,
such as'' and all that follows through
``preschool programs''; and
(B) in paragraph (3)(A), by striking ``subpart 2 of
this part'' each place it appears and inserting
``chapter B of this subpart'';
(3) by amending subsection (c)(4)(B) to read as follows:
``(B) a description and explanation of the
curriculum in use at the school and the forms of
academic assessment used to measure student progress;
and'';
(4) in subsection (d)(1), by striking ``student academic
achievement'' and inserting ``academic'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``State's
academic content standards and State student academic
achievement standards'' and inserting ``State's
academic standards'';
(B) in paragraph (3)--
(i) by striking ``pupil services
personnel,'' and inserting ``specialized
instructional support personnel,''; and
(ii) by striking ``principals,'' and
inserting ``school leaders,''; and
(C) in paragraph (4), by striking ``Head Start,
Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and
other'' and inserting ``other Federal, State, and
local''; and
(6) by amending subsection (g) to read as follows:
``(g) Family Engagement in Education Programs.--In a State
operating a program under subpart 3 of part A of title III, each local
educational agency or school that receives assistance under this
subpart shall inform such parents and organizations of the existence of
such programs.''.
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
The Act is amended by repealing section 1119 (20 U.S.C. 6319).
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1120 (20 U.S.C. 6320) is amended to read as follows:
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in the
school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools, a
local educational agency shall--
``(A) after timely and meaningful consultation with
appropriate private school officials or
representatives, provide such service, on an equitable
basis and individually or in combination, as requested
by the officials or representatives to best meet the
needs of such children, special educational services,
instructional services, counseling, mentoring, one-on-
one tutoring, or other benefits under this subpart
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs; and
``(B) ensure that teachers and families of the
children participate, on an equitable basis, in
services and activities developed pursuant to this
subpart.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and equipment,
shall be secular, neutral, and nonideological.
``(3) Equity.--
``(A) In general.--Educational services and other
benefits for such private school children shall be
equitable in comparison to services and other benefits
for public school children participating under this
subpart, and shall be provided in a timely manner.
``(B) Ombudsman.--To help ensure such equity for
such private school children, teachers, and other
educational personnel, the State educational agency
involved shall designate an ombudsman to monitor and
enforce the requirements of this subpart.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the expenditures for
participating public school children, taking into
account the number, and educational needs, of the
children to be served. The share of funds shall be
determined based on the total allocation received by
the local educational agency prior to any allowable
expenditures authorized under this title.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(C) Notice of allocation.--Each State educational
agency shall--
``(i) determine, in a timely manner, the
proportion of funds to be allocated to each
local educational agency in the State for
educational services and other benefits under
this subpart to eligible private school
children; and
``(ii) provide notice, simultaneously, to
each such local educational agency and the
appropriate private school officials or their
representatives in the State of such allocation
of funds.
``(5) Provision of services.--The local educational agency
or, in a case described in subsection (b)(6)(C), the State
educational agency involved, may provide services under this
section directly or through contracts with public or private
agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials or representatives during
the design and development of such agency's programs under this
subpart in order to reach an agreement between the agency and
the officials or representatives about equitable and effective
programs for eligible private school children, the results of
which shall be transmitted to the designated ombudsmen under
section 1120(a)(3)(B). Such process shall include consultation
on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically
assessed and how the results of that assessment will be
used to improve those services;
``(E) the size and scope of the equitable services
to be provided to the eligible private school children,
and the proportion of funds that is allocated under
subsection (a)(4)(A) for such services, how that
proportion of funds is determined under such
subsection, and an itemization of the costs of the
services to be provided;
``(F) the method or sources of data that are used
under subsection (c) and section 1113(c)(1) to
determine the number of children from low-income
families in participating school attendance areas who
attend private schools;
``(G) how and when the agency will make decisions
about the delivery of services to such children,
including a thorough consideration and analysis of the
views of the private school officials or
representatives on the provision of services through a
contract with potential third-party providers;
``(H) how, if the agency disagrees with the views
of the private school officials or representatives on
the provision of services through a contract, the local
educational agency will provide in writing to such
private school officials an analysis of the reasons why
the local educational agency has chosen not to use a
contractor;
``(I) whether the agency will provide services
under this section directly or through contracts with
public and private agencies, organizations, and
institutions;
``(J) whether to provide equitable services to
eligible private school children--
``(i) by creating a pool or pools of funds
with all of the funds allocated under paragraph
(4) based on all the children from low-income
families who attend private schools in a
participating school attendance area of the
agency from which the local educational agency
will provide such services to all such
children; or
``(ii) by providing such services to
eligible children in each private school in the
agency's participating school attendance area
with the proportion of funds allocated under
paragraph (4) based on the number of children
from low-income families who attend such
school; and
``(K) whether to consolidate and use funds under
this subpart to provide schoolwide programs for a
private school.
``(2) Disagreement.--If a local educational agency
disagrees with the views of private school officials or
representatives with respect to an issue described in paragraph
(1), the local educational agency shall provide in writing to
such private school officials an analysis of the reasons why
the local educational agency has chosen not to adopt the course
of action requested by such officials.
``(3) Timing.--Such consultation shall include meetings of
agency and private school officials or representatives and
shall occur before the local educational agency makes any
decision that affects the opportunities of eligible private
school children to participate in programs under this subpart.
Such meetings shall continue throughout implementation and
assessment of services provided under this section.
``(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or representatives of each participating private
school that the meaningful consultation required by this
section has occurred. The written affirmation shall provide the
option for private school officials or representatives to
indicate that timely and meaningful consultation has not
occurred or that the program design is not equitable with
respect to eligible private school children. If such officials
or representatives do not provide such affirmation within a
reasonable period of time, the local educational agency shall
forward the documentation that such consultation has, or
attempts at such consultation have, taken place to the State
educational agency.
``(6) Compliance.--
``(A) In general.--A private school official shall
have the right to file a complaint with the State
educational agency that the local educational agency
did not engage in consultation that was meaningful and
timely, did not give due consideration to the views of
the private school official, or did not treat the
private school or its students equitably as required by
this section.
``(B) Procedure.--If the private school official
wishes to file a complaint, the official shall provide
the basis of the noncompliance with this section by the
local educational agency to the State educational
agency, and the local educational agency shall forward
the appropriate documentation to the State educational
agency.
``(C) State educational agencies.--A State
educational agency shall provide services under this
section directly or through contracts with public or
private agencies, organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency involved has not met
the requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency
has more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in a participating school attendance
area of the agency that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a
participating school attendance area of
the agency are not being served by the
agency's program under this section.
``(c) Allocation for Equitable Service to Private School
Students.--
``(1) Calculation.--A local educational agency shall have
the final authority, consistent with this section, to calculate
the number of children, ages 5 through 17, who are from low-
income families and attend private schools by--
``(A) using the same measure of low income used to
count public school children;
``(B) using the results of a survey that, to the
extent possible, protects the identity of families of
private school students, and allowing such survey
results to be extrapolated if complete actual data are
unavailable;
``(C) applying the low-income percentage of each
participating public school attendance area, determined
pursuant to this section, to the number of private
school children who reside in that school attendance
area; or
``(D) using an equated measure of low income
correlated with the measure of low income used to count
public school children.
``(2) Complaint process.--Any dispute regarding low-income
data for private school students shall be subject to the
complaint process authorized in section 5503.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
subpart, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials,
equipment, and property.
``(2) Provision of services.--
``(A) Provider.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through a contract by such public
agency with an individual, association, agency,
or organization.
``(B) Requirement.--In the provision of such
services, such employee, individual, association,
agency, or organization shall be independent of such
private school and of any religious organization, and
such employment or contract shall be under the control
and supervision of such public agency.
``(e) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation in programs on
an equitable basis of eligible children enrolled in private elementary
schools and secondary schools, or if the Secretary determines that a
local educational agency has substantially failed or is unwilling to
provide for such participation, as required by this section, the
Secretary shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 5503 and 5504; and
``(3) in making the determination under this subsection,
consider one or more factors, including the quality, size,
scope, and location of the program and the opportunity of
eligible children to participate.''.
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart''; and
(2) by striking subsection (a) and redesignating
subsections (b), (c), and (d) as subsections (a), (b), and (c),
respectively.
SEC. 122. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6322) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart'';
(2) in subsection (a), by striking ``such as the Early
Reading First program''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, such as the Early Reading First
program,'';
(B) in paragraphs (1) through (3), by striking
``such as the Early Reading First program'' each place
it appears;
(C) in paragraph (4), by striking ``Early Reading
First program staff,''; and
(D) in paragraph (5), by striking ``and entities
carrying out Early Reading First programs''.
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended--
(1) in subsection (a), by striking ``appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)'' and inserting ``reserved for this chapter under
section 1122(a)''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the No Child
Left Behind Act of 2001'' and inserting ``the Student
Success Act'';
(B) in paragraph (3)--
(i) in subparagraph (B), by striking
``basis,'' and all that follows through the
period at the end and inserting ``basis.'';
(ii) in subparagraph (C)(ii), by striking
``challenging State academic content
standards'' and inserting ``State academic
standards''; and
(iii) by striking subparagraph (D); and
(3) in subsection (d)(2), by striking ``part'' and
inserting ``subpart''.
SEC. 124. ALLOCATIONS TO STATES.
Section 1122 (20 U.S.C. 6332) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation.--
``(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91.055 percent of
such amounts to carry out this chapter.
``(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2014 to 2019 (referred
to in this subsection as the current fiscal year)--
``(A) an amount equal to the amount made available
to carry out section 1124 for fiscal year 2001 shall be
used to carry out section 1124;
``(B) an amount equal to the amount made available
to carry out section 1124A for fiscal year 2001 shall
be used to carry out section 1124A; and
``(C) an amount equal to 100 percent of the amount,
if any, by which the total amount made available to
carry out this chapter for the fiscal year for which
the determination is made exceeds the total amount
available to carry out sections 1124 and 1124A for
fiscal year 2001 shall be used to carry out sections
1125 and 1125A and such amount shall be divided equally
between sections 1125 and 1125A.'';
(2) in subsection (b)(1), by striking ``subpart'' and
inserting ``chapter'';
(3) in subsection (c)(3), by striking ``part'' and
inserting ``subpart''; and
(4) in subsection (d)(1), by striking ``subpart'' and
inserting ``chapter''.
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking
``subpart'' and inserting ``chapter''; and
(ii) in subparagraph (C)(i), by striking
``subpart'' and inserting ``chapter''; and
(B) in paragraph (4)(C), by striking ``subpart''
each place it appears and inserting ``chapter''; and
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subpart 1 of
part D'' and inserting ``chapter A of subpart 3''; and
(B) in paragraph (2), by striking ``part'' and
inserting ``subpart''.
SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.
Section 1125AA (20 U.S.C. 6336) is amended to read as follows:
``SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL
EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR
2001.
``Pursuant to section 1122, the total amount allocated in any
fiscal year after fiscal year 2001 for programs and activities under
this subpart shall not exceed the amount allocated in fiscal year 2001
for such programs and activities unless the amount available for
targeted grants to local educational agencies under section 1125 in the
applicable fiscal year meets the requirements of section 1122(a).''.
SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) by striking ``part'' each place it appears and
inserting ``subpart'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``appropriated
pursuant to subsection (f)'' and inserting ``made
available for any fiscal year to carry out this
section''; and
(B) in subparagraph (B)(i), by striking ``total
appropriations'' and inserting ``the total amount
reserved under section 1122(a) to carry out this
section'';
(3) by striking subsections (a), (e), and (f) and
redesignating subsections (b), (c), (d), and (g) as subsections
(a), (b), (c), and (d), respectively; and
(4) in subsection (b), as redesignated, by redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively.
SEC. 128. CARRYOVER AND WAIVER.
Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart''
each place it appears and inserting ``chapter''.
SEC. 129. TITLE I PORTABILITY.
Chapter B of subpart 1 of part A of title I (20 U.S.C. 6331 et
seq.) is amended by adding at the end the following new section:
``SEC. 1128. TITLE I FUNDS FOLLOW THE LOW-INCOME CHILD STATE OPTION.
``(a) In General.--Notwithstanding any other provision of law and
to the extent permitted under State law, a State educational agency may
allocate grant funds under this chapter among the local educational
agencies in the State based on the number of eligible children enrolled
in the public schools served by each local educational agency.
``(b) Eligible Child.--
``(1) Definition.--In this section, the term `eligible
child' means a child aged 5 to 17, inclusive, from a family
with an income below the poverty level on the basis of the most
recent satisfactory data published by the Department of
Commerce.
``(2) Criteria of poverty.--In determining the families
with incomes below the poverty level for the purposes of this
section, a State educational agency shall use the criteria of
poverty used by the Census Bureau in compiling the most recent
decennial census, as the criteria have been updated by
increases in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics.
``(c) Student Enrollment in Public Schools.--
``(1) Identification of eligible children.--On an annual
basis, on a date to be determined by the State educational
agency, each local educational agency that receives grant
funding in accordance with subsection (a) shall inform the
State educational agency of the number of eligible children
enrolled in public schools served by the local educational
agency.
``(2) Allocation to local educational agencies.--Based on
the identification of eligible children in paragraph (1), the
State educational agency shall provide to a local educational
agency an amount equal to the sum of the amount available for
each eligible child in the State multiplied by the number of
eligible children identified by the local educational agency
under paragraph (1).
``(3) Distribution to schools.--Each local educational
agency that receives funds under paragraph (2) shall distribute
such funds to the public schools served by the local
educational agency--
``(A) based on the number of eligible children
enrolled in such schools; and
``(B) in a manner that would, in the absence of
such Federal funds, supplement the funds made available
from non-Federal resources for the education of pupils
participating in programs under this subpart, and not
to supplant such funds.''.
Subtitle C--Additional Aid to States and School Districts
SEC. 131. ADDITIONAL AID.
(a) In General.--Title I (20 U.S.C. 6301 et seq.), as amended by
the preceding provisions of this Act, is further amended--
(1) by striking parts B through D and F through H; and
(2) by inserting after subpart 1 of part A the following:
``Subpart 2--Education of Migratory Children
``SEC. 1131. PROGRAM PURPOSES.
``The purposes of this subpart are as follows:
``(1) To assist States in supporting high-quality and
comprehensive educational programs and services during the
school year, and as applicable, during summer or intercession
periods, that address the unique educational needs of migratory
children.
``(2) To ensure that migratory children who move among the
States, not be penalized in any manner by disparities among the
States in curriculum, graduation requirements, and State
academic standards.
``(3) To help such children succeed in school, meet the
State academic standards that all children are expected to
meet, and graduate from high school prepared for postsecondary
education and the workforce without the need for remediation.
``(4) To help such children overcome educational
disruption, cultural and language barriers, social isolation,
various health-related problems, and other factors that inhibit
the ability of such children to succeed in school.
``(5) To help such children benefit from State and local
systemic reforms.
``SEC. 1132. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under section
3(a)(1), the Secretary shall reserve 2.37 percent to carry out this
subpart.
``(b) Grants Awarded.--From the amounts reserved under subsection
(a) and not reserved under section 1138(c), the Secretary shall make
allotments for the fiscal year to State educational agencies, or
consortia of such agencies, to establish or improve, directly or
through local operating agencies, programs of education for migratory
children in accordance with this subpart.
``SEC. 1133. STATE ALLOCATIONS.
``(a) State Allocations.--Except as provided in subsection (c),
each State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this subpart an amount equal to the product of--
``(1) the sum of--
``(A) the average number of identified eligible
full-time equivalent migratory children aged 3 through
21 residing in the State, based on data for the
preceding 3 years; and
``(B) the number of identified eligible migratory
children, aged 3 through 21, who received services
under this subpart in summer or intersession programs
provided by the State during the previous year;
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure in the United
States.
``(b) Hold Harmless.--Notwithstanding subsection (a), for each of
fiscal years 2014 through 2016, no State shall receive less than 90
percent of the State's allocation under this section for the previous
year.
``(c) Allocation to Puerto Rico.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart shall be the amount determined by multiplying the
number of children who would be counted under subsection (a)(1) if such
subsection applied to the Commonwealth of Puerto Rico by the product
of--
``(1) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States, except that the
percentage calculated under this subparagraph shall not be less
than 85 percent; and
``(2) 32 percent of the average per-pupil expenditure in
the United States.
``(d) Ratable Reductions; Reallocations.--
``(1) In general.--
``(A) Ratable reductions.--If, after the Secretary
reserves funds under section 1138(c), the amount
appropriated to carry out this subpart for any fiscal
year is insufficient to pay in full the amounts for
which all States are eligible, the Secretary shall
ratably reduce each such amount.
``(B) Reallocation.--If additional funds become
available for making such payments for any fiscal year,
the Secretary shall allocate such funds to States in
amounts that the Secretary determines will best carry
out the purpose of this subpart.
``(2) Special rule.--
``(A) Further reductions.--The Secretary shall
further reduce the amount of any grant to a State under
this subpart for any fiscal year if the Secretary
determines, based on available information on the
numbers and needs of migratory children in the State
and the program proposed by the State to address such
needs, that such amount exceeds the amount required
under section 1134.
``(B) Reallocation.--The Secretary shall reallocate
such excess funds to other States whose grants under
this subpart would otherwise be insufficient to provide
an appropriate level of services to migratory children,
in such amounts as the Secretary determines are
appropriate.
``(e) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of
such State's allocation, may submit a consortium arrangement to
the Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program
function costs for State programs; and
``(B) make more funds available for direct services
to add substantially to the educational achievement of
children to be served under this subpart.
``(f) Determining Numbers of Eligible Children.--In order to
determine the identified number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;
``(2) develop and implement a procedure for monitoring the
accuracy of such information;
``(3) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(4) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the unique needs of those children
participating in evidence-based or other effective
special programs provided under this subpart that
operate during the summer and intersession periods; and
``(B) the additional costs of operating such
programs; and
``(5) conduct an analysis of the options for adjusting the
formula so as to better direct services to migratory children,
including the most at-risk migratory children.
``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this subpart for a fiscal year that did not
receive an allocation for the previous fiscal year or that has been
participating for less than 3 consecutive years, the Secretary shall
calculate the State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the most
recent data available that identifies the migratory children residing
in the State until data is available to calculate the 3-year average
number of such children in accordance with such subsection.
``SEC. 1134. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive a grant
under this subpart for any fiscal year shall submit an application to
the Secretary at such time and in such manner as the Secretary may
require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this subpart,
the State and its local operating agencies will ensure that the
unique educational needs of migratory children, including
preschool migratory children, are identified and addressed
through--
``(A) the full range of services that are available
for migratory children from appropriate local, State,
and Federal educational programs;
``(B) joint planning among local, State, and
Federal educational programs serving migratory
children, including language instruction educational
programs under chapter A of subpart 4; and
``(C) the integration of services available under
this subpart with services provided by those other
programs;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet the
same State academic standards that all children are expected to
meet;
``(3) a description of how the State will use funds
received under this subpart to promote interstate and
intrastate coordination of services for migratory children,
including how the State will provide for educational continuity
through the timely transfer of pertinent school records,
including information on health, when children move from one
school to another, whether or not such a move occurs during the
regular school year;
``(4) a description of the State's priorities for the use
of funds received under this subpart, and how such priorities
relate to the State's assessment of needs for services in the
State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local operating
agencies, taking into account the numbers and needs of
migratory children, the requirements of subsection (d), and the
availability of funds from other Federal, State, and local
programs; and
``(6) a description of how the State will encourage
programs and projects assisted under this subpart to offer
family literacy services if the programs and projects serve a
substantial number of migratory children whose parents do not
have a regular high school diploma or its recognized equivalent
or who have low levels of literacy.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) funds received under this subpart will be used only--
``(A) for programs and projects, including the
acquisition of equipment, in accordance with section
1136; and
``(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs
that can benefit migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, subsections (b) and
(c) of section 1120A, and part C;
``(3) in the planning and operation of programs and
projects at both the State and local agency operating level,
there is consultation with parents of migratory children for
programs of not less than one school year in duration, and that
all such programs and projects are carried out--
``(A) in a manner that provides for the same
parental involvement as is required for programs and
projects under section 1118, unless extraordinary
circumstances make such provision impractical; and
``(B) in a format and language understandable to
the parents;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under subpart
1;
``(6) to the extent feasible, such programs and projects
will provide for--
``(A) advocacy and outreach activities for
migratory children and their families, including
informing such children and families of, or helping
such children and families gain access to, other
education, health, nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) high-quality, evidence-based family literacy
programs;
``(D) the integration of information technology
into educational and related programs; and
``(E) programs to facilitate the transition of
secondary school students to postsecondary education or
employment without the need for remediation; and
``(7) the State will assist the Secretary in determining
the number of migratory children under paragraph (1) of section
1133(a).
``(d) Priority for Services.--In providing services with funds
received under this subpart, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's academic standards under section
1111(b)(1).
``(e) Continuation of Services.--Notwithstanding any other
provision of this subpart--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through other
programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that meets the
requirements of this subpart, and may review any such application using
a peer review process.
``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance
under this subpart shall ensure that the State and its local
operating agencies identify and address the unique educational
needs of migratory children in accordance with a comprehensive
State plan that--
``(A) is integrated with other programs under this
Act or other Acts, as appropriate;
``(B) may be submitted as a part of a consolidated
application under section 5302, if--
``(i) the unique needs of migratory
children are specifically addressed in the
comprehensive State plan;
``(ii) the comprehensive State plan is
developed in collaboration with parents of
migratory children; and
``(iii) the comprehensive State plan is not
used to supplant State efforts regarding, or
administrative funding for, this subpart;
``(C) provides that migratory children will have an
opportunity to meet the same State academic standards
under section 1111(b)(1) that all children are expected
to meet;
``(D) specifies measurable program goals and
outcomes;
``(E) encompasses the full range of services that
are available for migratory children from appropriate
local, State, and Federal educational programs;
``(F) is the product of joint planning among such
local, State, and Federal programs, including programs
under subpart 1, early childhood programs, and language
instruction educational programs under chapter A of
subpart 4; and
``(G) provides for the integration of services
available under this subpart with services provided by
such other programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this subpart.
``(b) Authorized Activities.--
``(1) Flexibility.--In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies, shall
have the flexibility to determine the activities to be provided
with funds made available under this subpart, except that such
funds first shall be used to meet the identified needs of
migratory children that result from their migratory lifestyle,
and to permit these children to participate effectively in
school.
``(2) Unaddressed needs.--Funds provided under this subpart
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under subpart 1 may receive those
services through funds provided under that subpart, or through
funds under this subpart that remain after the agency addresses
the needs described in paragraph (1).
``(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
``SEC. 1137. BYPASS.
``The Secretary may use all or part of any State's allocation under
this subpart to make arrangements with any public or private agency to
carry out the purpose of this subpart in such State if the Secretary
determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
educational achievement of such children.
``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private entities to
improve the interstate and intrastate coordination among such
agencies' educational programs, including through the
establishment or improvement of programs for credit accrual and
exchange, available to migratory students.
``(2) Duration.--Grants or contracts under this subsection
may be awarded for not more than 5 years.
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in determining the
number of migratory children in each State.
``(2) Information system.--
``(A) In general.--The Secretary, in consultation
with the States, shall ensure the linkage of migratory
student record systems for the purpose of
electronically exchanging, among the States, health and
educational information regarding all migratory
students. The Secretary shall ensure such linkage
occurs in a cost-effective manner, utilizing systems
used by the States prior to, or developed after, the
date of enactment of this Act. The Secretary shall
determine the minimum data elements that each State
receiving funds under this subpart shall collect and
maintain. Such minimum data elements may include--
``(i) immunization records and other health
information;
``(ii) elementary and secondary academic
history (including partial credit), credit
accrual, and results from State assessments
required under section 1111(b)(2);
``(iii) other academic information
essential to ensuring that migratory children
achieve to the States's academic standards; and
``(iv) eligibility for services under the
Individuals with Disabilities Education Act.
``(B) The Secretary shall consult with States
before updating the data elements that each State
receiving funds under this subpart shall be required to
collect for purposes of electronic transfer of
migratory student information and the requirements that
States shall meet for immediate electronic access to
such information.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this subpart shall make student records available to another
State educational agency or local educational agency that
requests the records at no cost to the requesting agency, if
the request is made in order to meet the needs of a migratory
child.
``(4) Report to congress.--
``(A) In general.--Not later than April 30, 2014,
the Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives the Secretary's findings and
recommendations regarding the maintenance and transfer
of health and educational information for migratory
students by the States.
``(B) Required contents.--The Secretary shall
include in such report--
``(i) a review of the progress of States in
developing and linking electronic records
transfer systems;
``(ii) recommendations for maintaining such
systems; and
``(iii) recommendations for improving the
continuity of services provided for migratory
students.
``(c) Availability of Funds.--The Secretary shall reserve not more
than $10,000,000 of the amount reserved under section 1132 to carry out
this section for each fiscal year.
``(d) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory children.
``SEC. 1139. DEFINITIONS.
``As used in this subpart:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this subpart;
``(B) a public or private agency with which a State
educational agency or the Secretary makes an
arrangement to carry out a project under this subpart;
or
``(C) a State educational agency, if the State
educational agency operates the State's migratory
education program or projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in order
to obtain, or accompany such parent or spouse, in order to
obtain, temporary or seasonal employment in agricultural or
fishing work--
``(A) has moved from one school district to
another;
``(B) in a State that is comprised of a single
school district, has moved from one administrative area
to another within such district; or
``(C) resides in a school district of more than
15,000 square miles, and migrates a distance of 20
miles or more to a temporary residence to engage in a
fishing activity.
``Subpart 3--Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-Risk
``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
``(a) Purpose.--It is the purpose of this subpart--
``(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and youth
have the opportunity to meet the same State academic standards
that all children in the State are expected to meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning from
correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to ensure
their continued education.
``(b) Program Authorized.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve 0.305 of one percent to carry out
this subpart.
``(c) Grants Awarded.--From the amounts reserved under subsection
(b) and not reserved under section 1004 and section 1159, the Secretary
shall make grants to State educational agencies that have plans
submitted under section 1154 approved to enable such agencies to award
subgrants to State agencies and local educational agencies to establish
or improve programs of education for neglected, delinquent, or at-risk
children and youth.
``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1152, the Secretary shall allocate to each State
educational agency an amount necessary to make subgrants to State
agencies under chapter A.
``(b) Local Subgrants.--Each State shall retain, for the purpose of
carrying out chapter B, funds generated throughout the State under
subpart 1 of this part based on children and youth residing in local
correctional facilities, or attending community day programs for
delinquent children and youth.
``CHAPTER A--STATE AGENCY PROGRAMS
``SEC. 1151. ELIGIBILITY.
``A State agency is eligible for assistance under this chapter if
such State agency is responsible for providing free public education
for children and youth--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. 1152. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1151 (other than an agency in the Commonwealth of Puerto Rico)
is eligible to receive a subgrant under this chapter, for each
fiscal year, in an amount equal to the product of--
``(A) the number of neglected or delinquent
children and youth described in section 1151 who--
``(i) are enrolled for at least 15 hours
per week in education programs in adult
correctional institutions; and
``(ii) are enrolled for at least 20 hours
per week--
``(I) in education programs in
institutions for neglected or
delinquent children and youth; or
``(II) in community day programs
for neglected or delinquent children
and youth; and
``(B) 40 percent of the average per-pupil
expenditure in the State, except that the amount
determined under this subparagraph shall not be less
than 32 percent, nor more than 48 percent, of the
average per-pupil expenditure in the United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a
deadline set by the Secretary, except that no State
agency shall be required to determine the number of
such children and youth on a specific date set by the
Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such
agency's annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this chapter shall be
the amount determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States; and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.
``(c) Ratable Reductions in Case of Insufficient Appropriations.--
If the amount reserved for any fiscal year for subgrants under
subsections (a) and (b) is insufficient to pay the full amount for
which all State agencies are eligible under such subsections, the
Secretary shall ratably reduce each such amount.
``SEC. 1153. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State agency does
not need the full amount of the subgrant for which such State agency is
eligible under this chapter for any fiscal year, the State educational
agency may reallocate the amount that will not be needed to other
eligible State agencies that need additional funds to carry out the
purpose of this chapter, in such amounts as the State educational
agency shall determine.
``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that
desires to receive a grant under this chapter shall submit, for
approval by the Secretary, a plan--
``(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and youth;
``(B) for assisting in the transition of children
and youth from correctional facilities to locally
operated programs; and
``(C) that is integrated with other programs under
this Act or other Acts, as appropriate.
``(2) Contents.--Each such State plan shall--
``(A) describe how the State will assess the
effectiveness of the program in improving the academic,
career, and technical skills of children in the
program;
``(B) provide that, to the extent feasible, such
children will have the same opportunities to achieve as
such children would have if such children were in the
schools of local educational agencies in the State;
``(C) describe how the State will place a priority
for such children to obtain a regular high school
diploma, to the extent feasible; and
``(D) contain an assurance that the State
educational agency will--
``(i) ensure that programs assisted under
this chapter will be carried out in accordance
with the State plan described in this
subsection;
``(ii) carry out the evaluation
requirements of section 1171; and
``(iii) ensure that the State agencies
receiving subgrants under this chapter comply
with all applicable statutory and regulatory
requirements.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the
State's participation under this chapter; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this chapter.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve
each State plan that meets the requirements of this chapter.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this chapter shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this chapter;
``(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children and youth
who are likely to complete incarceration within a 2-year
period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided
to the State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1156 are of high
quality;
``(6) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as programs
under title I of Public Law 105-220, career and technical
education programs, State and local dropout prevention
programs, and special education programs;
``(7) describes how the State agency will encourage
correctional facilities receiving funds under this chapter to
coordinate with local educational agencies or alternative
education programs attended by incarcerated children and youth
prior to and after their incarceration to ensure that student
assessments and appropriate academic records are shared jointly
between the correctional facility and the local educational
agency or alternative education program;
``(8) describes how appropriate professional development
will be provided to teachers and other staff;
``(9) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for issues
relating to the transition of such children and youth from such
facility or institution to locally operated programs;
``(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(11) provides an assurance that the State agency will
assist in locating alternative programs through which students
can continue their education if the students are not returning
to school after leaving the correctional facility or
institution for neglected or delinquent children and youth;
``(12) provides assurances that the State agency will work
with parents to secure parents' assistance in improving the
educational achievement of their children and youth, and
preventing their children's and youth's further involvement in
delinquent activities;
``(13) provides an assurance that the State agency will
work with children and youth with disabilities in order to meet
an existing individualized education program and an assurance
that the agency will notify the child's or youth's local school
if the child or youth--
``(A) is identified as in need of special education
services while the child or youth is in the
correctional facility or institution for neglected or
delinquent children and youth; and
``(B) intends to return to the local school;
``(14) provides an assurance that the State agency will
work with children and youth who dropped out of school before
entering the correctional facility or institution for neglected
or delinquent children and youth to encourage the children and
youth to reenter school and obtain a regular high school
diploma once the term of the incarceration is completed, or
provide the child or youth with the skills necessary to gain
employment, continue the education of the child or youth, or
obtain a regular high school diploma or its recognized
equivalent if the child or youth does not intend to return to
school;
``(15) provides an assurance that effective teachers and
other qualified staff are trained to work with children and
youth with disabilities and other students with special needs
taking into consideration the unique needs of such students;
``(16) describes any additional services to be provided to
children and youth, such as career counseling, distance
education, and assistance in securing student loans and grants;
and
``(17) provides an assurance that the program under this
chapter will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
``SEC. 1155. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this chapter only for programs and projects that--
``(A) are consistent with the State plan under
section 1154(a); and
``(B) concentrate on providing participants with
the knowledge and skills needed to make a successful
transition to secondary school completion, career and
technical education, further education, or employment
without the need for remediation.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational
services that--
``(i) except for institution-wide projects
under section 1156, are provided to children
and youth identified by the State agency as
failing, or most at-risk of failing, to meet
the State's academic standards;
``(ii) supplement and improve the quality
of the educational services provided to such
children and youth by the State agency; and
``(iii) afford such children and youth an
opportunity to meet State academic standards;
and
``(C) shall be carried out in a manner consistent
with section 1120A and part C (as applied to programs
and projects under this chapter).
``(b) Supplement, Not Supplant.--A program under this chapter that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
supplement, not supplant requirement of section 1120A (as applied to
this chapter) without regard to the subject areas in which instruction
is given during those hours.
``SEC. 1156. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children
and youth in an institution for neglected or delinquent children and
youth (other than an adult correctional institution) or attending a
community day program for such children and youth may use funds
received under this chapter to serve all children in, and upgrade the
entire educational effort of, that institution or program if the State
agency has developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the institution
or program serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within a
2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children and youth under age 21 with
the opportunity to meet State academic standards in order to
improve the likelihood that the children and youth will
complete secondary school, obtain a regular high school diploma
or its recognized equivalent, or find employment after leaving
the institution;
``(4) describes the instructional program, specialized
instructional support services, and procedures that will be
used to meet the needs described in paragraph (1), including,
to the extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess and improve student achievement;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions or
community day programs for neglected or delinquent children and
youth, and with personnel from the State educational agency;
and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under this
chapter in which individual children or youth are likely to participate
for more than one year, the State educational agency may approve the
State agency's application for a subgrant under this chapter for a
period of not more than 3 years.
``SEC. 1158. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not
less than 15 percent and not more than 30 percent of the amount such
agency receives under this chapter for any fiscal year to support--
``(1) projects that facilitate the transition of children
and youth from State-operated institutions to schools served by
local educational agencies; or
``(2) the successful re-entry of youth offenders, who are
age 20 or younger and have received a regular high school
diploma or its recognized equivalent, into postsecondary
education, or career and technical training programs, through
strategies designed to expose the youth to, and prepare the
youth for, postsecondary education, or career and technical
training programs, such as--
``(A) preplacement programs that allow adjudicated
or incarcerated youth to audit or attend courses on
college, university, or community college campuses, or
through programs provided in institutional settings;
``(B) worksite schools, in which institutions of
higher education and private or public employers
partner to create programs to help students make a
successful transition to postsecondary education and
employment; and
``(C) essential support services to ensure the
success of the youth, such as--
``(i) personal, career and technical, and
academic counseling;
``(ii) placement services designed to place
the youth in a university, college, or junior
college program;
``(iii) information concerning, and
assistance in obtaining, available student
financial aid;
``(iv) counseling services; and
``(v) job placement services.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private organizations.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under subsection (a)
from serving neglected and delinquent children and youth simultaneously
with students with similar educational needs, in the same educational
settings where appropriate.
``SEC. 1159. TECHNICAL ASSISTANCE.
``The Secretary shall reserve not more than 1 percent of the amount
reserved under section 1141 to provide technical assistance to and
support State agency programs assisted under this chapter.
``CHAPTER B--LOCAL AGENCY PROGRAMS
``SEC. 1161. PURPOSE.
``The purpose of this chapter is to support the operation of local
educational agency programs that involve collaboration with locally
operated correctional facilities--
``(1) to carry out high quality education programs to
prepare children and youth for secondary school completion,
training, employment, or further education;
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to
further education or employment; and
``(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs
which may serve at-risk children and youth.
``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under section
1142(b), the State educational agency shall award subgrants to local
educational agencies with high numbers or percentages of children and
youth residing in locally operated (including county operated)
correctional facilities for children and youth (including facilities
involved in community day programs).
``(b) Special Rule.--A local educational agency that serves a
school operated by a correctional facility is not required to operate a
program of support for children and youth returning from such school to
a school that is not operated by a correctional agency but served by
such local educational agency, if more than 30 percent of the children
and youth attending the school operated by the correctional facility
will reside outside the boundaries served by the local educational
agency after leaving such facility.
``(c) Notification.--A State educational agency shall notify local
educational agencies within the State of the eligibility of such
agencies to receive a subgrant under this chapter.
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies under this
chapter shall be designed primarily to meet the transitional and
academic needs of students returning to local educational agencies or
alternative education programs from correctional facilities. Services
to students at-risk of dropping out of school shall not have a negative
impact on meeting the transitional and academic needs of the students
returning from correctional facilities.
``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Each local educational agency desiring assistance under this
chapter shall submit an application to the State educational agency
that contains such information as the State educational agency may
require. Each such application shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements, regarding the
program to be assisted, between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative
school programs serving children and youth involved
with the juvenile justice system;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
children and youth to ensure that such children and youth are
participating in an education program comparable to one
operating in the local school such youth would attend;
``(4) a description of the program operated by
participating schools for children and youth returning from
correctional facilities and, as appropriate, the types of
services that such schools will provide such children and youth
and other at-risk children and youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
needs) of the children and youth who will be returning from
correctional facilities and, as appropriate, other at-risk
children and youth expected to be served by the program, and a
description of how the school will coordinate existing
educational programs to meet the unique educational needs of
such children and youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities and at-risk children or youth, including prenatal
health care and nutrition services related to the health of the
parent and the child or youth, parenting and child development
classes, child care, targeted reentry and outreach programs,
referrals to community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-based
youth entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this chapter
will be coordinated with other Federal, State, and local
programs, such as programs under title I of Public Law 105-220
and career and technical education programs serving at-risk
children and youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will
work with probation officers to assist in meeting the needs of
children and youth returning from correctional facilities;
``(12) a description of the efforts participating schools
will make to ensure correctional facilities working with
children and youth are aware of a child's or youth's existing
individualized education program; and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative placements
for children and youth interested in continuing their education
but unable to participate in a traditional public school
program.
``SEC. 1164. USES OF FUNDS.
``(a) In General.--Funds provided to local educational agencies
under this chapter may be used, as appropriate, for--
``(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the
transition of such children and youth to the school environment
and help them remain in school in order to complete their
education;
``(2) dropout prevention programs which serve at-risk
children and youth;
``(3) the coordination of health and social services for
such individuals if there is a likelihood that the provision of
such services, including day care, drug and alcohol counseling,
and mental health services, will improve the likelihood such
individuals will complete their education;
``(4) special programs to meet the unique academic needs of
participating children and youth, including career and
technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for
postsecondary education; and
``(5) programs providing mentoring and peer mediation.
``(b) Contracts and Grants.--A local educational agency may use a
grant received under this chapter to carry out the activities described
under paragraphs (1) through (5) of subsection (a) directly or through
grants, contracts, or cooperative agreements.
``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement with a
local educational agency under section 1163(2) to provide services to
children and youth under this chapter shall--
``(1) where feasible, ensure that educational programs in
the correctional facility are coordinated with the student's
home school, particularly with respect to a student with an
individualized education program under part B of the
Individuals with Disabilities Education Act;
``(2) if the child or youth is identified as in need of
special education services while in the correctional facility,
notify the local school of the child or youth of such need;
``(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
services for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutoring, and
family counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of school to re-enter school and
obtain a regular high school diploma once their term at the
correctional facility has been completed, or provide such
children and youth with the skills necessary to gain employment
or seek a regular high school diploma or its recognized
equivalent;
``(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified staff who
are trained to work with children and youth with disabilities
taking into consideration the unique needs of such children and
youth;
``(6) ensure that educational programs in the correctional
facility are related to assisting students to meet the States's
academic standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
``(9) coordinate funds received under this chapter with
other local, State, and Federal funds available to provide
services to participating children and youth, such as funds
made available under title I of Public Law 105-220, and career
and technical education funds;
``(10) coordinate programs operated under this chapter with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable;
``(11) if appropriate, work with local businesses to
develop training, curriculum-based youth entrepreneurship
education, and mentoring programs for children and youth; and
``(12) consult with the local educational agency for a
period jointly determined necessary by the correctional
facility and local educational agency upon discharge from that
facility to coordinate educational services so as to minimize
disruption to the child's or youth's achievement.
``SEC. 1166. ACCOUNTABILITY.
``The State educational agency--
``(1) may require correctional facilities or institutions
for neglected or delinquent children and youth to demonstrate,
after receiving assistance under this chapter for 3 years, that
there has been an increase in the number of children and youth
returning to school, obtaining a regular high school diploma or
its recognized equivalent, or obtaining employment after such
children and youth are released; and
``(2) may reduce or terminate funding for projects under
this chapter if a local educational agency does not show
progress in the number of children and youth obtaining a
regular high school diploma or its recognized equivalent.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1171. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under chapters A or B shall evaluate the
program, disaggregating data on participation by gender, race,
ethnicity, and age, not less than once every 3 years, to determine the
program's impact on the ability of participants--
``(1) to maintain and improve educational achievement;
``(2) to accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) to make the transition to a regular program or other
education program operated by a local educational agency;
``(4) to complete high school (or high school equivalency
requirements) and obtain employment after leaving the
correctional facility or institution for neglected or
delinquent children and youth; and
``(5) as appropriate, to participate in postsecondary
education and job training programs.
``(b) Exception.--The disaggregation required under subsection (a)
shall not be required in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
``(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency shall use
multiple and appropriate measures of student progress.
``(d) Evaluation Results.--Each State agency and local educational
agency shall--
``(1) submit evaluation results to the State educational
agency and the Secretary; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating children
and youth.
``SEC. 1172. DEFINITIONS.
``In this subpart:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
``(2) At-risk.--The term `at-risk', when used with respect
to a child, youth, or student, means a school-aged individual
who--
``(A) is at-risk of academic failure; and
``(B) has a drug or alcohol problem, is pregnant or
is a parent, has come into contact with the juvenile
justice system in the past, is at least 1 year behind
the expected grade level for the age of the individual,
is an English learner, is a gang member, has dropped
out of school in the past, or has a high absenteeism
rate at school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by a
State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility,
other than a foster home, that is operated for the care
of children who have been committed to the institution
or voluntarily placed in the institution under
applicable State law, due to abandonment, neglect, or
death of their parents or guardians; or
``(B) a public or private residential facility for
the care of children who have been adjudicated to be
delinquent or in need of supervision.
``Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
``SEC. 1181. PURPOSES.
``The purposes of this subpart are--
``(1) to help ensure that English learners, including
immigrant children and youth, attain English proficiency and
develop high levels of academic achievement in English;
``(2) to assist all English learners, including immigrant
children and youth, to achieve at high levels in the core
academic subjects so that those children can meet the same
State academic standards that all children are expected to
meet, consistent with section 1111(b)(1);
``(3) to assist State educational agencies, local
educational agencies, and schools in establishing,
implementing, and sustaining high-quality, flexible, evidence-
based language instruction educational programs designed to
assist in teaching English learners, including immigrant
children and youth;
``(4) to assist State educational agencies and local
educational agencies to develop and enhance their capacity to
provide high-quality, evidence-based instructional programs
designed to prepare English learners, including immigrant
children and youth, to enter all-English instruction settings;
and
``(5) to promote parental and community participation in
language instruction educational programs for the parents and
communities of English learners.
``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
``SEC. 1191. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under section
1192, the Secretary shall reserve 4.4 percent of funds appropriated
under section 3(a)(1) to make a grant for the year to the agency for
the purposes specified in subsection (b). The grant shall consist of
the allotment determined for the State educational agency under
subsection (c).
``(b) Use of Funds.--
``(1) Subgrants to eligible entities.--The Secretary may
make a grant under subsection (a) only if the State educational
agency involved agrees to expend at least 95 percent of the
State educational agency's allotment under subsection (c) for a
fiscal year--
``(A) to award subgrants, from allocations under
section 1193, to eligible entities to carry out the
activities described in section 1194 (other than
subsection (e)); and
``(B) to award subgrants under section 1193(d)(1)
to eligible entities that are described in that section
to carry out the activities described in section
1194(e).
``(2) State activities.--Subject to paragraph (3), each
State educational agency receiving a grant under subsection (a)
may reserve not more than 5 percent of the agency's allotment
under subsection (c) to carry out the following activities:
``(A) Professional development activities, and
other activities, which may include assisting personnel
in--
``(i) meeting State and local certification
and licensing requirements for teaching English
learners; and
``(ii) improving teacher skills in meeting
the diverse needs of English learners,
including in how to implement evidence-based
programs and curricula on teaching English
learners.
``(B) Planning, evaluation, administration, and
interagency coordination related to the subgrants
referred to in paragraph (1).
``(C) Providing technical assistance and other
forms of assistance to eligible entities that are
receiving subgrants from a State educational agency
under this chapter, including assistance in--
``(i) identifying and implementing
evidence-based language instruction educational
programs and curricula for teaching English
learners;
``(ii) helping English learners meet the
same State academic standards that all children
are expected to meet;
``(iii) identifying or developing, and
implementing, measures of English proficiency;
and
``(iv) strengthening and increasing parent,
family, and community engagement.
``(D) Providing recognition, which may include
providing financial awards, to subgrantees that have
significantly improved the achievement and progress of
English learners in--
``(i) reaching English language
proficiency, based on the State's English
language proficiency assessment under section
1111(b)(2)(D); and
``(ii) meeting the State academic standards
under section 1111(b)(1).
``(3) Administrative expenses.--From the amount reserved
under paragraph (2), a State educational agency may use not
more than 40 percent of such amount or $175,000, whichever is
greater, for the planning and administrative costs of carrying
out paragraphs (1) and (2).
``(c) Reservations and Allotments.--
``(1) Reservations.--From the amount reserved under section
1191(a) for each fiscal year, the Secretary shall reserve--
``(A) 0.5 percent of such amount for payments to
outlying areas, to be allotted in accordance with their
respective needs for assistance under this chapter, as
determined by the Secretary, for activities, approved
by the Secretary, consistent with this chapter; and
``(B) 6.5 percent of such amount for national
activities under sections 1211 and 1222, except that
not more than $2,000,000 of such amount may be reserved
for the National Clearinghouse for English Language
Acquisition and Language Instruction Educational
Programs described in section 1222.
``(2) State allotments.--
``(A) In general.--Except as provided in
subparagraph (B), from the amount reserved under
section 1191(a) for each fiscal year that remains after
making the reservations under paragraph (1), the
Secretary shall allot to each State educational agency
having a plan approved under section 1192(c)--
``(i) an amount that bears the same
relationship to 80 percent of the remainder as
the number of English learners in the State
bears to the number of such children in all
States, as determined by data available from
the American Community Survey conducted by the
Department of Commerce or State-reported data;
and
``(ii) an amount that bears the same
relationship to 20 percent of the remainder as
the number of immigrant children and youth in
the State bears to the number of such children
and youth in all States, as determined based
only on data available from the American
Community Survey conducted by the Department of
Commerce.
``(B) Minimum allotments.--No State educational
agency shall receive an allotment under this paragraph
that is less than $500,000.
``(C) Reallotment.--If any State educational agency
described in subparagraph (A) does not submit a plan to
the Secretary for a fiscal year, or submits a plan (or
any amendment to a plan) that the Secretary, after
reasonable notice and opportunity for a hearing,
determines does not satisfy the requirements of this
chapter, the Secretary shall reallot any portion of
such allotment to the remaining State educational
agencies in accordance with subparagraph (A).
``(D) Special rule for puerto rico.--The total
amount allotted to Puerto Rico for any fiscal year
under subparagraph (A) shall not exceed 0.5 percent of
the total amount allotted to all States for that fiscal
year.
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the
Secretary shall determine the number of English learners in a
State and in all States, using the most accurate, up-to-date
data, which shall be--
``(A) data from the American Community Survey
conducted by the Department of Commerce, which may be
multiyear estimates;
``(B) the number of students being assessed for
English language proficiency, based on the State's
English language proficiency assessment under section
1111(b)(2)(D), which may be multiyear estimates; or
``(C) a combination of data available under
subparagraphs (A) and (B).
``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
``(a) Plan Required.--Each State educational agency desiring a
grant under this chapter shall submit a plan to the Secretary at such
time and in such manner as the Secretary may require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
``(2) provide an assurance that--
``(A) the agency will ensure that eligible entities
receiving a subgrant under this chapter comply with the
requirement in section 1111(b)(2)(B)(x) to annually
assess in English learners who have been in the United
States for 3 or more consecutive years;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this chapter annually assess
the English proficiency of all English learners
participating in a program funded under this chapter,
consistent with section 1111(b)(2)(D);
``(C) in awarding subgrants under section 1193, the
agency will address the needs of school systems of all
sizes and in all geographic areas, including school
systems with rural and urban schools;
``(D) subgrants to eligible entities under section
1193(d)(1) will be of sufficient size and scope to
allow such entities to carry out high-quality,
evidence-based language instruction educational
programs for English learners;
``(E) the agency will require an eligible entity
receiving a subgrant under this chapter to use the
subgrant in ways that will build such recipient's
capacity to continue to offer high-quality evidence-
based language instruction educational programs that
assist English learners in meeting State academic
standards;
``(F) the agency will monitor the eligible entity
receiving a subgrant under this chapter for compliance
with applicable Federal fiscal requirements; and
``(G) the plan has been developed in consultation
with local educational agencies, teachers,
administrators of programs implemented under this
chapter, parents, and other relevant stakeholders;
``(3) describe how the agency will coordinate its programs
and activities under this chapter with other programs and
activities under this Act and other Acts, as appropriate;
``(4) describe how eligible entities in the State will be
given the flexibility to teach English learners--
``(A) using a high-quality, evidence-based language
instruction curriculum for teaching English learners;
and
``(B) in the manner the eligible entities determine
to be the most effective; and
``(5) describe how the agency will assist eligible entities
in increasing the number of English learners who acquire
English proficiency.
``(c) Approval.--The Secretary, after using a peer review process,
shall approve a plan submitted under subsection (a) if the plan meets
the requirements of this section.
``(d) Duration of Plan.--
``(1) In general.--Each plan submitted by a State
educational agency and approved under subsection (c) shall--
``(A) remain in effect for the duration of the
agency's participation under this chapter; and
``(B) be periodically reviewed and revised by the
agency, as necessary, to reflect changes to the
agency's strategies and programs carried out under this
subpart.
``(2) Additional information.--
``(A) Amendments.--If the State educational agency
amends the plan, the agency shall submit such amendment
to the Secretary.
``(B) Approval.--The Secretary shall approve such
amendment to an approved plan, unless the Secretary
determines that the amendment will result in the agency
not meeting the requirements, or fulfilling the
purposes, of this subpart.
``(e) Consolidated Plan.--A plan submitted under subsection (a) may
be submitted as part of a consolidated plan under section 5302.
``(f) Secretary Assistance.--The Secretary shall provide technical
assistance, if requested, in the development of English proficiency
standards and assessments.
``SEC. 1193. WITHIN-STATE ALLOCATIONS.
``(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 1191(c)(2) shall award subgrants for a fiscal year by
allocating in a timely manner to each eligible entity in the State
having a plan approved under section 1195 an amount that bears the same
relationship to the amount received under the grant and remaining after
making such reservation as the population of English learners in
schools served by the eligible entity bears to the population of
English learners in schools served by all eligible entities in the
State.
``(b) Limitation.--A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the amount of
such subgrant would be less than $10,000.
``(c) Reallocation.--Whenever a State educational agency determines
that an amount from an allocation made to an eligible entity under
subsection (a) for a fiscal year will not be used by the entity for the
purpose for which the allocation was made, the agency shall, in
accordance with such rules as it determines to be appropriate,
reallocate such amount, consistent with such subsection, to other
eligible entities in the State that the agency determines will use the
amount to carry out that purpose.
``(d) Required Reservation.--A State educational agency receiving a
grant under this chapter for a fiscal year--
``(1) shall reserve not more than 15 percent of the
agency's allotment under section 1191(c)(2) to award subgrants
to eligible entities in the State that have experienced a
significant increase, as compared to the average of the 2
preceding fiscal years, in the percentage or number of
immigrant children and youth, who have enrolled, during the
fiscal year preceding the fiscal year for which the subgrant is
made, in public and nonpublic elementary schools and secondary
schools in the geographic areas under the jurisdiction of, or
served by, such entities; and
``(2) in awarding subgrants under paragraph (1)--
``(A) shall equally consider eligible entities that
satisfy the requirement of such paragraph but have
limited or no experience in serving immigrant children
and youth; and
``(B) shall consider the quality of each local plan
under section 1195 and ensure that each subgrant is of
sufficient size and scope to meet the purposes of this
subpart.
``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State educational agency may make a
subgrant to an eligible entity from funds received by the agency under
this chapter only if the entity agrees to expend the funds to improve
the education of English learners, by assisting the children to learn
English and meet State academic standards. In carrying out activities
with such funds, the eligible entity shall use evidence-based
approaches and methodologies for teaching English learners and
immigrant children and youth for the following purposes:
``(1) Developing and implementing new language instruction
educational programs and academic content instruction programs
for English learners and immigrant children and youth,
including programs of early childhood education, elementary
school programs, and secondary school programs.
``(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or enhance
existing language instruction educational programs and academic
content instruction programs for English learners and immigrant
children and youth.
``(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs, activities, and operations relating to
language instruction educational programs and academic content
instruction for English learners and immigrant children and
youth.
``(4) Implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant programs,
activities, and operations relating to language instruction
educational programs and academic content instruction for
English learners and immigrant children and youth.
``(b) Administrative Expenses.--Each eligible entity receiving
funds under section 1193(a) for a fiscal year shall use not more than 2
percent of such funds for the cost of administering this chapter.
``(c) Required Subgrantee Activities.--An eligible entity receiving
funds under section 1193(a) shall use the funds--
``(1) to increase the English language proficiency of
English learners by providing high-quality, evidence-based
language instruction educational programs that meet the needs
of English learners and have demonstrated success in
increasing--
``(A) English language proficiency; and
``(B) student academic achievement in the core
academic subjects;
``(2) to provide high-quality, evidence-based professional
development to classroom teachers (including teachers in
classroom settings that are not the settings of language
instruction educational programs), school leaders,
administrators, and other school or community-based
organization personnel, that is--
``(A) designed to improve the instruction and
assessment of English learners;
``(B) designed to enhance the ability of teachers
and school leaders to understand and implement
curricula, assessment practices and measures, and
instruction strategies for English learners;
``(C) evidence-based in increasing children's
English language proficiency or substantially
increasing the subject matter knowledge, teaching
knowledge, and teaching skills of teachers; and
``(D) of sufficient intensity and duration (which
shall not include activities such as one-day or short-
term workshops and conferences) to have a positive and
lasting impact on the teachers' performance in the
classroom, except that this subparagraph shall not
apply to an activity that is one component of a long-
term, comprehensive professional development plan
established by a teacher and the teacher's supervisor
based on an assessment of the needs of the teacher, the
supervisor, the students of the teacher, and any local
educational agency employing the teacher, as
appropriate; and
``(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement language
instruction educational programs for English learners,
including parental and community engagement activities and
strategies that serve to coordinate and align related programs.
``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 1193(a) may use the
funds to achieve one of the purposes described in subsection (a) by
undertaking one or more of the following activities:
``(1) Upgrading program objectives and effective
instruction strategies.
``(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading curricula,
instruction materials, educational software, and assessment
procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career education
for English learners; and
``(B) intensified instruction.
``(4) Developing and implementing elementary school or
secondary school language instruction educational programs that
are coordinated with other relevant programs and services.
``(5) Improving the English language proficiency and
academic achievement of English learners.
``(6) Providing community participation programs, family
literacy services, and parent outreach and training activities
to English learners and their families--
``(A) to improve the English language skills of
English learners; and
``(B) to assist parents in helping their children
to improve their academic achievement and becoming
active participants in the education of their children.
``(7) Improving the instruction of English learners by
providing for--
``(A) the acquisition or development of educational
technology or instructional materials;
``(B) access to, and participation in, electronic
networks for materials, training, and communication;
and
``(C) incorporation of the resources described in
subparagraphs (A) and (B) into curricula and programs,
such as those funded under this chapter.
``(8) Carrying out other activities that are consistent
with the purposes of this section.
``(e) Activities by Agencies Experiencing Substantial Increases in
Immigrant Children and Youth.--
``(1) In general.--An eligible entity receiving funds under
section 1193(d)(1) shall use the funds to pay for activities
that provide enhanced instructional opportunities for immigrant
children and youth, which may include--
``(A) family literacy, parent outreach, and
training activities designed to assist parents to
become active participants in the education of their
children;
``(B) support for personnel, including
paraprofessionals who have been specifically trained,
or are being trained, to provide services to immigrant
children and youth;
``(C) provision of tutorials, mentoring, and
academic or career counseling for immigrant children
and youth;
``(D) identification, development, and acquisition
of curricular materials, educational software, and
technologies to be used in the program carried out with
awarded funds;
``(E) basic instruction services that are directly
attributable to the presence in the local educational
agency involved of immigrant children and youth,
including the payment of costs of providing additional
classroom supplies, costs of transportation, or such
other costs as are directly attributable to such
additional basic instruction services;
``(F) other instruction services that are designed
to assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the
educational system and civics education; and
``(G) activities, coordinated with community-based
organizations, institutions of higher education,
private sector entities, or other entities with
expertise in working with immigrants, to assist parents
of immigrant children and youth by offering
comprehensive community services.
``(2) Duration of subgrants.--The duration of a subgrant
made by a State educational agency under section 1193(d)(1)
shall be determined by the agency in its discretion.
``(f) Selection of Method of Instruction.--
``(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible entity shall
select one or more methods or forms of instruction to be used
in the programs and activities undertaken by the entity to
assist English learners to attain English language proficiency
and meet State academic standards.
``(2) Consistency.--Such selection shall be consistent with
sections 1204 through 1206.
``(g) Supplement, Not Supplant.--Federal funds made available under
this chapter shall be used so as to supplement the level of Federal,
State, and local public funds that, in the absence of such
availability, would have been expended for programs for English
learners and immigrant children and youth and in no case to supplant
such Federal, State, and local public funds.
``SEC. 1195. LOCAL PLANS.
``(a) Plan Required.--Each eligible entity desiring a subgrant from
the State educational agency under section 1193 shall submit a plan to
the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the evidence-based programs and activities
proposed to be developed, implemented, and administered under
the subgrant that will help English learners increase their
English language proficiency and meet the State academic
standards;
``(2) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this
chapter accountable for annually assessing the English language
proficiency of all children participating under this subpart,
consistent with section 1111(b);
``(3) describe how the eligible entity will promote parent
and community engagement in the education of English learners;
``(4) contain an assurance that the eligible entity
consulted with teachers, researchers, school administrators,
parents and community members, public or private organizations,
and institutions of higher education, in developing and
implementing such plan;
``(5) describe how language instruction educational
programs carried out under the subgrant will ensure that
English learners being served by the programs develop English
language proficiency; and
``(6) contain assurances that--
``(A) each local educational agency that is
included in the eligible entity is complying with
section 1112(g) prior to, and throughout, each school
year; and
``(B) the eligible entity is not in violation of
any State law, including State constitutional law,
regarding the education of English learners, consistent
with sections 1205 and 1206.
``(c) Teacher English Fluency.--Each eligible entity receiving a
subgrant under section 1193 shall include in its plan a certification
that all teachers in any language instruction educational program for
English learners that is, or will be, funded under this subpart are
fluent in English and any other language used for instruction,
including having written and oral communications skills.
``CHAPTER B--ADMINISTRATION
``SEC. 1201. REPORTING.
``(a) In General.--Each eligible entity that receives a subgrant
from a State educational agency under chapter A shall provide such
agency, at the conclusion of every second fiscal year during which the
subgrant is received, with a report, in a form prescribed by the
agency, on the activities conducted and students served under this
subpart that includes--
``(1) a description of the programs and activities
conducted by the entity with funds received under chapter A
during the two immediately preceding fiscal years, including
how such programs and activities supplemented programs funded
primarily with State or local funds;
``(2) a description of the progress made by English
learners in learning the English language and in meeting State
academic standards;
``(3) the number and percentage of English learners in the
programs and activities attaining English language proficiency
based on the State English language proficiency standards
established under section 1111(b)(1)(E) by the end of each
school year, as determined by the State's English language
proficiency assessment under section 1111(b)(2)(D);
``(4) the number of English learners who exit the language
instruction educational programs based on their attainment of
English language proficiency and transitioned to classrooms not
tailored for English learners;
``(5) a description of the progress made by English
learners in meeting the State academic standards for each of
the 2 years after such children are no longer receiving
services under this subpart;
``(6) the number and percentage of English learners who
have not attained English language proficiency within five
years of initial classification as an English learner and first
enrollment in the local educational agency; and
``(7) any such other information as the State educational
agency may require.
``(b) Use of Report.--A report provided by an eligible entity under
subsection (a) shall be used by the entity and the State educational
agency--
``(1) to determine the effectiveness of programs and
activities in assisting children who are English learners--
``(A) to attain English language proficiency; and
``(B) to make progress in meeting State academic
standards under section 1111(b)(1); and
``(2) upon determining the effectiveness of programs and
activities based on the criteria in paragraph (1), to decide
how to improve programs.
``SEC. 1202. ANNUAL REPORT.
``(a) States.--Based upon the reports provided to a State
educational agency under section 1201, each such agency that receives a
grant under this subpart shall prepare and submit annually to the
Secretary a report on programs and activities carried out by the State
educational agency under this subpart and the effectiveness of such
programs and activities in improving the education provided to English
learners.
``(b) Secretary.--Annually, the Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report--
``(1) on programs and activities carried out to serve
English learners under this subpart, and the effectiveness of
such programs and activities in improving the academic
achievement and English language proficiency of English
learners;
``(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach English
learners;
``(3) containing a critical synthesis of data reported by
eligible entities to States under section 1201(a);
``(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 1191(b)(2)(C);
``(5) containing an estimate of the number of effective
teachers working in language instruction educational programs
and educating English learners, and an estimate of the number
of such teachers that will be needed for the succeeding 5
fiscal years;
``(6) containing the number of programs or activities, if
any, that were terminated because the entities carrying out the
programs or activities were not able to reach program goals;
``(7) containing the number of English learners served by
eligible entities receiving funding under this subpart who were
transitioned out of language instruction educational programs
funded under this subpart into classrooms where instruction is
not tailored for English learners; and
``(8) containing other information gathered from other
reports submitted to the Secretary under this subpart when
applicable.
``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall coordinate
and ensure close cooperation with other entities carrying out programs
serving language-minority and English learners that are administered by
the Department and other agencies.
``SEC. 1204. RULES OF CONSTRUCTION.
``Nothing in this subpart shall be construed--
``(1) to prohibit a local educational agency from serving
English learners simultaneously with children with similar
educational needs, in the same educational settings where
appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for English learners; or
``(3) to limit the preservation or use of Native American
languages.
``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this subpart shall be construed to negate or supersede
State law, or the legal authority under State law of any State agency,
State entity, or State public official, over programs that are under
the jurisdiction of the State agency, entity, or official.
``SEC. 1206. CIVIL RIGHTS.
``Nothing in this subpart shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
``SEC. 1207. PROHIBITION.
``In carrying out this subpart, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical approach
to educating English learners.
``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Notwithstanding any other provision of this subpart, programs
authorized under this subpart that serve Native American (including
Native American Pacific Islander) children and children in the
Commonwealth of Puerto Rico may include programs of instruction,
teacher training, curriculum development, evaluation, and assessment
designed for Native American children learning and studying Native
American languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be increased
English proficiency among such children.
``CHAPTER C--NATIONAL ACTIVITIES
``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under section
1191(c)(1)(B) to award grants on a competitive basis, for a period of
not more than 5 years, to institutions of higher education or public or
private organizations with relevant experience and capacity (in
consortia with State educational agencies or local educational
agencies) to provide for professional development activities that will
improve classroom instruction for English learners and assist
educational personnel working with such children to meet high
professional standards, including standards for certification and
licensure as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this
subsection may be used--
``(1) for preservice, evidence-based professional
development programs that will assist local schools and
institutions of higher education to upgrade the qualifications
and skills of educational personnel who are not certified or
licensed, especially educational paraprofessionals;
``(2) for the development of curricula or other
instructional strategies appropriate to the needs of the
consortia participants involved;
``(3) to support strategies that strengthen and increase
parent and community member engagement in the education of
English learners; and
``(4) to share and disseminate evidence-based practices in
the instruction of English learners and in increasing their
student achievement.
``CHAPTER D--GENERAL PROVISIONS
``SEC. 1221. DEFINITIONS.
``Except as otherwise provided, in this subpart:
``(1) Child.--The term `child' means any individual aged 3
through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness, Indian tribe, or tribally
sanctioned educational authority, that is representative of a
community or significant segments of a community and that
provides educational or related services to individuals in the
community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies, in
consortia (or collaboration) with an institution of
higher education, community-based organization, or
State educational agency.
``(4) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are age 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools
in any one or more States for more than 3 full academic
years.
``(5) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Native village or Regional Corporation
or Village Corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act, that is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
``(6) Language instruction educational program.--The term
`language instruction educational program' means an instruction
course--
``(A) in which an English learner is placed for the
purpose of developing and attaining English language
proficiency, while meeting State academic standards, as
required by section 1111(b)(1); and
``(B) that may make instructional use of both
English and a child's native language to enable the
child to develop and attain English language
proficiency, and may include the participation of
English language proficient children if such course is
designed to enable all participating children to become
proficient in English and a second language.
``(7) Native language.--The term `native language', when
used with reference to English learner, means--
``(A) the language normally used by such
individual; or
``(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
``(8) Paraprofessional.--The term `paraprofessional' means
an individual who is employed in a preschool, elementary
school, or secondary school under the supervision of a
certified or licensed teacher, including individuals employed
in language instruction educational programs, special
education, and migratory education.
``(9) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1222. NATIONAL CLEARINGHOUSE.
``The Secretary shall establish and support the operation of a
National Clearinghouse for English Language Acquisition and Language
Instruction Educational Programs, which shall collect, analyze,
synthesize, and disseminate information about language instruction
educational programs for English learners, and related programs. The
National Clearinghouse shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses system
supported by the Institute of Education Sciences;
``(2) coordinate activities with Federal data and
information clearinghouses and entities operating Federal
dissemination networks and systems;
``(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs; and
``(4) collect and disseminate information on--
``(A) educational research and processes related to
the education of English learners; and
``(B) accountability systems that monitor the
academic progress of English learners in language
instruction educational programs, including information
on academic content and English language proficiency
assessments for language instruction educational
programs; and
``(5) publish, on an annual basis, a list of grant
recipients under this subpart.
``SEC. 1223. REGULATIONS.
``In developing regulations under this subpart, the Secretary shall
consult with State educational agencies and local educational agencies,
organizations representing English learners, and organizations
representing teachers and other personnel involved in the education of
English learners.
``Subpart 5--Rural Education Achievement Program
``SEC. 1230. PURPOSE.
``It is the purpose of this subpart to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
``(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended purposes.
``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
``SEC. 1231. GRANT PROGRAM AUTHORIZED.
``(a) In General.--From amounts appropriated under section 3(a)(1)
for a fiscal year, the Secretary shall reserve 0.54 of one percent to
award grants to eligible local educational agencies to enable the local
educational agencies to carry out activities authorized under any of
the following provisions:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant under subsection (a) to a local
educational agency eligible under subsection (d) for a fiscal
year in an amount equal to the initial amount determined under
paragraph (2) for the fiscal year minus the total amount
received by the agency in subpart 2 of part A of title II for
the preceding fiscal year.
``(2) Determination of initial amount.--The initial amount
referred to in paragraph (1) is equal to $100 multiplied by the
total number of students in excess of 50 students, in average
daily attendance at the schools served by the local educational
agency, plus $20,000, except that the initial amount may not
exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available to
carry out this section for any fiscal year is not
sufficient to pay in full the amounts that local
educational agencies are eligible to receive under
paragraph (1) for such year, the Secretary shall
ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds
become available for making payments under paragraph
(1) for such fiscal year, payments that were reduced
under subparagraph (A) shall be increased on the same
basis as such payments were reduced.
``(c) Disbursement.--The Secretary shall disburse the funds awarded
to a local educational agency under this section for a fiscal year not
later than July 1 of that fiscal year.
``(d) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i)(I) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is fewer than 600; or
``(II) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile; and
``(ii) all of the schools served by the local
educational agency are designated with a school locale
code of 41, 42, or 43, as determined by the Secretary;
or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based
on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local
educational agency is located in an area defined as rural by a
governmental agency of the State.
``(3) Hold harmless.--For a local educational agency that
is not eligible under this chapter but met the eligibility
requirements under this subsection as it was in effect prior to
the date of the enactment of the Student Success Act, the
agency shall receive--
``(A) for fiscal year 2014, 75 percent of the
amount such agency received for fiscal year 2013;
``(B) for fiscal year 2015, 50 percent of the
amount such agency received for fiscal year 2013; and
``(C) for fiscal year 2016, 25 percent of the
amount such agency received for fiscal year 2013.
``(e) Special Eligibility Rule.--A local educational agency that
receives a grant under this chapter for a fiscal year is not eligible
to receive funds for such fiscal year under chapter B.
``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
``SEC. 1235. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve 0.54 of
one percent for this chapter for a fiscal year that are not
reserved under subsection (c) to award grants (from allotments
made under paragraph (2)) for the fiscal year to State
educational agencies that have applications submitted under
section 1237 approved to enable the State educational agencies
to award grants to eligible local educational agencies for
local authorized activities described in section 1236(a).
``(2) Allotment.--From amounts described in paragraph (1)
for a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students in
average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students served by eligible local educational
agencies in all States for that fiscal year.
``(3) Specially qualified agencies.--
``(A) Eligibility and application.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application submitted under section 1237 approved, a
specially qualified agency in such State desiring a
grant under this subpart may submit an application
under such section directly to the Secretary to receive
an award under this subpart.
``(B) Direct awards.--The Secretary may award, on a
competitive basis or by formula, the amount the State
educational agency is eligible to receive under
paragraph (2) directly to a specially qualified agency
in the State that has submitted an application in
accordance with subparagraph (A) and obtained approval
of the application.
``(C) Specially qualified agency defined.--In this
subpart, the term `specially qualified agency' means an
eligible local educational agency served by a State
educational agency that does not participate in a
program under this subpart in a fiscal year, that may
apply directly to the Secretary for a grant in such
year under this subsection.
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 20 percent or more of the children ages 5
through 17 years served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
designated with a school locale code of 32, 33, 41, 42,
43, as determined by the Secretary.
``(2) Award basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(A) on a competitive basis;
``(B) according to a formula based on the number of
students in average daily attendance served by the
eligible local educational agencies or schools in the
State; or
``(C) according to an alternative formula, if,
prior to awarding the grants, the State educational
agency demonstrates, to the satisfaction of the
Secretary, that the alternative formula enables the
State educational agency to allot the grant funds in a
manner that serves equal or greater concentrations of
children from families with incomes below the poverty
line, relative to the concentrations that would be
served if the State educational agency used the formula
described in subparagraph (B).
``(c) Reservations.--From amounts reserved under section 1235(a)(1)
for this chapter for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Education, to carry out the activities
authorized under this chapter; and
``(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this chapter.
``SEC. 1236. USES OF FUNDS.
``(a) Local Awards.--Grant funds awarded to local educational
agencies under this chapter shall be used for activities authorized
under any of the following:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this chapter may not use more than 5 percent of the amount
of the grant for State administrative costs and to provide technical
assistance to eligible local educational agencies.
``SEC. 1237. APPLICATIONS.
``(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this chapter shall
submit an application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Contents.--Each application submitted under subsection (a)
shall include--
``(1) a description of how the State educational agency or
specially qualified agency will ensure eligible local
educational agencies receiving a grant under this chapter will
use such funds to help students meet the State academic
standards under section 1111(b)(1);
``(2) if the State educational agency or specially
qualified agency will competitively award grants to eligible
local educational agencies, as described in section
1235(b)(2)(A), the application under the section shall
include--
``(A) the methods and criteria the State
educational agency or specially qualified agency will
use for reviewing applications and awarding funds to
local educational agencies on a competitive basis; and
``(B) how the State educational agency or specially
qualified agency will notify eligible local educational
agencies of the grant competition; and
``(3) a description of how the State educational agency or
specially qualified agency will provide technical assistance to
eligible local educational agencies to help such agencies
implement the activities described in section 1236(a).
``SEC. 1238. ACCOUNTABILITY.
``Each State educational agency or specially qualified agency that
receives a grant under this chapter shall prepare and submit an annual
report to the Secretary. The report shall describe--
``(1) the methods and criteria the State educational agency
or specially qualified agency used to award grants to eligible
local educational agencies, and to provide assistance to
schools, under this chapter;
``(2) how local educational agencies and schools used funds
provided under this chapter; and
``(3) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``SEC. 1239. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under chapters A and B of this subpart, such local educational
agency may receive funds under either chapter A or chapter B for a
fiscal year, but may not receive funds under both chapters.
``(b) Notification.--A local educational agency eligible for both
chapters A and B of this subpart shall notify the Secretary and the
State educational agency under which of such chapters such local
educational agency intends to receive funds for a fiscal year by a date
that is established by the Secretary for the notification.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
``(a) Census Determination.--Each local educational agency desiring
a grant under section 1231 and each local educational agency or
specially qualified agency desiring a grant under chapter B shall--
``(1) not later than December 1 of each year, conduct a
census to determine the number of students in average daily
attendance in kindergarten through grade 12 at the schools
served by the agency; and
``(2) not later than March 1 of each year, submit the
number described in paragraph (1) to the Secretary (and to the
State educational agency, in the case of a local educational
agency seeking a grant under subpart 2).
``(b) Penalty.--If the Secretary determines that a local
educational agency or specially qualified agency has knowingly
submitted false information under subsection (a) for the purpose of
gaining additional funds under section 1231 or chapter B, then the
agency shall be fined an amount equal to twice the difference between
the amount the agency received under this section and the correct
amount the agency would have received under section 1231 or chapter B
if the agency had submitted accurate information under subsection (a).
``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under chapter A or chapter B shall be used
to supplement, and not supplant, any other Federal, State, or local
education funds.
``SEC. 1243. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to prohibit a local
educational agency that enters into cooperative arrangements with other
local educational agencies for the provision of special, compensatory,
or other education services, pursuant to State law or a written
agreement, from entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under this
subpart.''.
(b) Strike.--The Act is amended by striking title VII (20 U.S.C.
7401 et seq.).
Subtitle D--National Assessment
SEC. 141. NATIONAL ASSESSMENT OF TITLE I.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is
redesignated as part B of title I.
(b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are
repealed.
(c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493)
are redesignated as sections 1301 and 1302, respectively.
(d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as
so redesignated, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, acting
through the Director of the Institute of Education
Sciences (in this section and section 1302 referred to
as the `Director'),'' after ``The Secretary'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (A), by striking
``reaching the proficient level'' and all that
follows and inserting ``graduating high school
prepared for postsecondary education or the
workforce.'';
(iii) in subparagraph (B), by striking
``reach the proficient'' and all that follows
and inserting ``meet State academic
standards.'';
(iv) by striking subparagraphs (D) and (G)
and redesignating subparagraphs (E), (F), and
(H) through (O) as subparagraphs (D) through
(M), respectively;
(v) in subparagraph (D)(v) (as so
redesignated), by striking ``help schools in
which'' and all that follows and inserting
``address disparities in the percentages of
effective teachers teaching in low-income
schools.'';
(vi) in subparagraph (G) (as so
redesignated)--
(I) by striking ``section 1116''
and inserting ``section
1111(b)(3)(B)(iii)''; and
(II) by striking ``, including the
following'' and all that follows and
inserting a period;
(vii) in subparagraph (I) (as so
redesignated), by striking ``qualifications''
and inserting ``effectiveness'';
(viii) in subparagraph (J) (as so
redesignated), by striking ``, including funds
under section 1002,'';
(ix) in subparagraph (L) (as so
redesignated), by striking ``section
1111(b)(2)(C)(v)(II)'' and inserting ``section
1111(b)(3)(B)(ii)(II)''; and
(x) in subparagraph (M) (as so
redesignated), by striking ``Secretary'' and
inserting ``Director'';
(C) in paragraph (3), by striking ``Secretary'' and
inserting ``Director'';
(D) in paragraph (4), by striking ``Secretary'' and
inserting ``Director'';
(E) in paragraph (5), by striking ``Secretary'' and
inserting ``Director''; and
(F) in paragraph (6)--
(i) by striking ``No Child Left Behind Act
of 2001'' each place it appears and inserting
``Student Success Act''; and
(ii) by striking ``Secretary'' each place
it appears and inserting ``Director'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Director'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking ``part A'' and inserting
``subpart 1 of part A'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (B), by striking
``challenging academic achievement standards''
and inserting ``State academic standards'';
(iii) in subparagraph (E), by striking
``effects of the availability'' and all that
follows and inserting ``extent to which actions
authorized under section 1111(b)(3)(B)(iii)
improve the academic achievement of
disadvantaged students and low-performing
schools.''; and
(iv) in subparagraph (F), by striking
``Secretary'' and inserting ``Director''; and
(C) in paragraph (3)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) analyzes varying models or strategies for
delivering school services, including schoolwide and
targeted services.''; and
(4) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as
so redesignated, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``and for making decisions about
the promotion and graduation of students'';
(2) in subsection (b)--
(A) by striking ``Secretary'' the first place it
appears and inserting ``Director'';
(B) by striking ``process,'' and inserting
``process consistent with section 1206,''; and
(C) by striking ``Assistant Secretary of
Educational Research and Improvement'' and inserting
``Director'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to
the State-defined level of proficiency'' and
inserting ``toward meeting the State academic
standards''; and
(ii) in subparagraph (C), by striking
``pupil-services'' and inserting ``specialized
instructional support services'';
(B) in paragraph (3), by striking ``limited and
nonlimited English proficient students'' and inserting
``English learners''; and
(C) in paragraph (6), by striking ``Secretary'' and
inserting ``Director''; and
(4) in subsection (f)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``authorized to be appropriated for
this part'' and inserting ``appropriated under section
3(a)(2)''.
Subtitle E--Title I General Provisions
SEC. 151. GENERAL PROVISIONS FOR TITLE I.
Part I of title I (20 U.S.C. 6571 et seq.)--
(1) is transferred to appear after part B (as
redesignated); and
(2) is amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 1401. FEDERAL REGULATIONS.
``(a) In General.--The Secretary may, in accordance with
subsections (b) through (d), issue such regulations as are necessary to
reasonably ensure there is compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title, the
Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators,
parents, teachers, and members of local school boards and other
organizations involved with the implementation and operation of
programs under this title, including those representatives and
members nominated by local and national stakeholder
representatives.
``(2) Meetings and electronic exchange.--Such advice and
recommendations may be obtained through such mechanisms as
regional meetings and electronic exchanges of information. Such
regional meetings and electronic exchanges of information shall
be public and notice of such meetings and exchanges shall be
provided to interested stakeholders.
``(3) Proposed regulations.--After obtaining such advice
and recommendations, and before publishing proposed
regulations, the Secretary shall--
``(A) establish a negotiated rulemaking process;
``(B) select individuals to participate in such
process from among individuals or groups that provided
advice and recommendations, including representation
from all geographic regions of the United States, in
such numbers as will provide an equitable balance
between representatives of parents and students and
representatives of educators and education officials;
and
``(C) prepare a draft of proposed policy options
that shall be provided to the individuals selected by
the Secretary under subparagraph (B) not less than 15
days before the first meeting under such process.
``(c) Proposed Rulemaking.--If the Secretary determines that a
negotiated rulemaking process is unnecessary or the individuals
selected to participate in the process under paragraph (3)(B) fail to
reach unanimous agreement, the Secretary may propose regulations under
the following procedure:
``(1) Not less than 30 days prior to beginning a rulemaking
process, the Secretary shall provide to Congress, including the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, notice that shall include--
``(A) a copy of the proposed regulations;
``(B) the need to issue regulations;
``(C) the anticipated burden, including the time,
cost, and paperwork burden, the regulations will have
on State educational agencies, local educational
agencies, schools, and other entities that may be
impacted by the regulations; and
``(D) any regulations that will be repealed when
the new regulations are issued.
``(2) 30 days after giving notice of the proposed rule to
Congress, the Secretary may proceed with the rulemaking process
after all comments received from the Congress have been
addressed and publishing how such comments are addressed with
the proposed rule.
``(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency requires a
shorter period, in which case such period shall be not less
than 45 days and the Secretary shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice and report to Congress under paragraph (1); and
``(B) publish the length of the comment and review
period in such notice and in the Federal Register.
``(4) No regulation shall be made final after the comment
and review period until the Secretary has published in the
Federal Register an independent assessment (which shall include
a representative sampling of local educational agencies based
on local educational agency enrollment, urban, suburban, or
rural character, and other factors impacted by the proposed
regulation) of--
``(A) the burden, including the time, cost, and
paperwork burden, the regulation will impose on State
educational agencies, local educational agencies,
schools and other entities that may be impacted by the
regulation;
``(B) an explanation of how the entities described
in subparagraph (A) may cover the cost of the burden
assessed under subparagraph (A); and
``(C) the proposed regulation, which thoroughly
addresses, based on the comments received during the
comment and review period under paragraph (3), whether
the rule is financially, operationally, and
educationally viable at the local level.
``(d) Limitation.--Regulations to carry out this title may not
require local programs to follow a particular instructional model, such
as the provision of services outside the regular classroom or school
program.
``SEC. 1402. AGREEMENTS AND RECORDS.
``(a) Agreements.--In the case in which a negotiated rule making
process is established under subsection (b) of section 1401, all
published proposed regulations shall conform to agreements that result
from the rulemaking described in section 1401 unless the Secretary
reopens the negotiated rulemaking process.
``(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations process
is maintained.
``SEC. 1403. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes
of this title and provide any such proposed rules,
regulations, and policies to the committee of
practitioners created under subsection (b) for review
and comment;
``(B) minimize such rules, regulations, and
policies to which the State's local educational
agencies and schools are subject;
``(C) eliminate or modify State and local fiscal
accounting requirements in order to facilitate the
ability of schools to consolidate funds under
schoolwide programs;
``(D) identify any such rule, regulation, or policy
as a State-imposed requirement; and
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations;
``(ii) eliminate the rules and regulations that are
duplicative of Federal requirements; and
``(iii) report any conflicting requirements to the
Secretary and determine which Federal or State rule or
regulation shall be followed.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the State academic
standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency that
receives funds under this title shall create a State committee
of practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives
from local educational agencies;
``(B) administrators, including the administrators
of programs described in other parts of this title;
``(C) teachers from public charter schools,
traditional public schools, and career and technical
educators;
``(D) parents;
``(E) members of local school boards;
``(F) representatives of public charter school
authorizers;
``(G) public charter school leaders;
``(H) representatives of private school children;
and
``(I) specialized instructional support personnel.
``(3) Duties.--The duties of such committee shall include a
review, before publication, of any proposed or final State rule
or regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation before issuance in final form.
``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
``Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.''.
TITLE II--TEACHER PREPARATION AND EFFECTIVENESS
SEC. 201. TEACHER PREPARATION AND EFFECTIVENESS.
(a) Heading.--The title heading for title II (20 U.S.C. 6601 et
seq.) is amended to read as follows:
``TITLE II--TEACHER PREPARATION AND EFFECTIVENESS''.
(b) Part A.--Part A of title II (20 U.S.C. 6601 et seq.) is amended
to read as follows:
``PART A--SUPPORTING EFFECTIVE INSTRUCTION
``SEC. 2101. PURPOSE.
``The purpose of this part is to provide grants to State
educational agencies and subgrants to local educational agencies to--
``(1) increase student achievement consistent with State
academic standards under section 1111(b)(1);
``(2) improve teacher and school leader effectiveness in
classrooms and schools, respectively;
``(3) provide evidence-based, job-embedded, continuous
professional development; and
``(4) if a State educational agency or local educational
agency so chooses, develop and implement teacher evaluation
systems that use, in part, student achievement data to
determine teacher effectiveness.
``Subpart 1--Grants to States
``SEC. 2111. ALLOTMENTS TO STATES.
``(a) In General.--Of the amounts appropriated under section 3(b),
the Secretary shall reserve 75 percent to make grants to States with
applications approved under section 2112 to pay for the Federal share
of the cost of carrying out the activities specified in section 2113.
Each grant shall consist of the allotment determined for a State under
subsection (b).
``(b) Determination of Allotments.--
``(1) Reservation of funds.--Of the amount reserved under
subsection (a) for a fiscal year, the Secretary shall reserve--
``(A) not more than 1 percent to carry out national
activities under section 2132;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) one-half of 1 percent for the Secretary of
the Interior for programs under this part in schools
operated or funded by the Bureau of Indian Education.
``(2) State allotments.--
``(A) In general.--Subject to subparagraph (B),
from the funds reserved under subsection (a) for any
fiscal year and not reserved under paragraph (1), the
Secretary shall allot to each State the sum of--
``(i) an amount that bears the same
relationship to 50 percent of the funds as the
number of individuals age 5 through 17 in the
State, as determined by the Secretary on the
basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined; and
``(ii) an amount that bears the same
relationship to 50 percent of the funds as the
number of individuals age 5 through 17 from
families with incomes below the poverty line in
the State, as determined by the Secretary on
the basis of the most recent satisfactory data,
bears to the number of those individuals in all
such States, as so determined.
``(B) Small state minimum.--No State receiving an
allotment under subparagraph (A) may receive less than
one-half of 1 percent of the total amount of funds
allotted under such subparagraph for a fiscal year.
``(C) Applicability.--
``(i) In general.--Subparagraph (A) shall
not apply with respect to a fiscal year unless
the Secretary certifies in writing to Congress
for that fiscal year that the amount of funds
allotted under subparagraph (A) to local
educational agencies that serve a high
percentage of students from families with
incomes below the poverty line is not less than
the amount allotted to such local educational
agencies for fiscal year 2013.
``(ii) Special rule.--For a fiscal year for
which subparagraph (A) does not apply, the
Secretary shall allocate to each State the
funds described in subparagraph (A) according
to the formula set forth in subsection
(b)(2)(B)(i) of this section as in effect on
the day before the date of enactment of the
Student Success Act.
``(c) Reallotment.--If a State does not apply for an allotment
under this section for any fiscal year or only a portion of the State's
allotment is allotted under subsection (c), the Secretary shall reallot
the State's entire allotment or the remaining portion of its allotment,
as the case may be, to the remaining States in accordance with
subsection (b).
``SEC. 2112. STATE APPLICATION.
``(a) In General.--For a State to be eligible to receive a grant
under this subpart, the State educational agency shall submit an
application to the Secretary at such time and in such a manner as the
Secretary may reasonably require, which shall include the following:
``(1) A description of how the State educational agency
will meet the requirements of this subpart.
``(2) A description of how the State educational agency
will use a grant received under section 2111, including the
grant funds the State will reserve for State-level activities
under section 2113(a)(2).
``(3) A description of how the State educational agency
will facilitate the sharing of evidence-based and other
effective strategies among local educational agencies.
``(4) A description of how, and under what timeline, the
State educational agency will allocate subgrants under subpart
2 to local educational agencies.
``(5) If applicable, a description of how the State
educational agency will work with local educational agencies in
the State to develop or implement a teacher or school leader
evaluation system.
``(6) An assurance that the State educational agency will
comply with section 5501 (regarding participation by private
school children and teachers).
``(b) Deemed Approval.--An application submitted by a State
educational agency under subsection (a) shall be deemed to be approved
by the Secretary unless the Secretary makes a written determination,
prior to the expiration of the 120-day period beginning on the date on
which the Secretary received the application, that the application is
not in compliance with this subpart.
``(c) Disapproval.--The Secretary shall not finally disapprove an
application, except after giving the State educational agency notice
and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that an application is
not in compliance, in whole or in part, with this subpart, the
Secretary shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as to
the noncompliant provisions, needed to make the
application compliant.
``(e) Response.--If a State educational agency responds to a
notification from the Secretary under subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the
notification, and resubmits the application with the requested
information described in subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure To Respond.--If a State educational agency does not
respond to a notification from the Secretary under subsection (d)(2)
during the 45-day period beginning on the date on which the agency
received the notification, such application shall be deemed to be
disapproved.
``SEC. 2113. STATE USE OF FUNDS.
``(a) In General.--A State educational agency that receives a grant
under section 2111 shall--
``(1) reserve 95 percent of the grant funds to make
subgrants to local educational agencies under subpart 2; and
``(2) use the remainder of the funds, after reserving funds
under paragraph (1), for the State activities described in
subsection (b), except that the State may reserve not more than
1 percent of the grant funds for planning and administration
related to carrying out activities described in subsection (b).
``(b) State-Level Activities.--A State educational agency that
receives a grant under section 2111--
``(1) shall use the amount described in subsection (a)(2)
to fulfill the State educational agency's responsibilities with
respect to the proper and efficient administration of the
subgrant program carried out under this part; and
``(2) may use the amount described in subsection (a)(2)
to--
``(A) provide training and technical assistance to
local educational agencies on--
``(i) in the case of a State educational
agency not implementing a statewide teacher
evaluation system--
``(I) the development and
implementation of a teacher evaluation
system; and
``(II) training school leaders in
using such evaluation system; or
``(ii) in the case of a State educational
agency implementing a statewide teacher
evaluation system, implementing such evaluation
system;
``(B) disseminate and share evidence-based and
other effective practices, including practices
consistent with the principles of effectiveness
described in section 2222(b), related to teacher and
school leader effectiveness and professional
development;
``(C) provide professional development for teachers
and school leaders in the State consistent with section
2123(6); and
``(D) provide training and technical assistance to
local educational agencies on--
``(i) in the case of a State educational
agency not implementing a statewide school
leader evaluation system, the development and
implementation of a school leader evaluation
system; and
``(ii) in the case of a State educational
agency implementing a statewide school leader
evaluation system, implementing such evaluation
system.
``Subpart 2--Subgrants to Local Educational Agencies
``SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--Each State receiving a grant under section 2111
shall use the funds reserved under section 2113(a)(1) to award
subgrants to local educational agencies under this section.
``(b) Allocation of Funds.--From the funds reserved by a State
under section 2113(a)(1), the State educational agency shall allocate
to each local educational agency in the State the sum of--
``(1) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 in the geographic area served by the local educational
agency, as determined by the State on the basis of the most
recent satisfactory data, bears to the number of those
individuals in the geographic areas served by all the local
educational agencies in the State, as so determined; and
``(2) an amount that bears the same relationship to 50
percent of the funds as the number of individuals age 5 through
17 from families with incomes below the poverty line in the
geographic area served by the local educational agency, as
determined by the State on the basis of the most recent
satisfactory data, bears to the number of those individuals in
the geographic areas served by all the local educational
agencies in the State, as so determined.
``SEC. 2122. LOCAL APPLICATIONS.
``To be eligible to receive a subgrant under this subpart, a local
educational agency shall submit an application to the State educational
agency involved at such time, in such a manner, and containing such
information as the State educational agency may reasonably require
that, at a minimum, shall include the following:
``(1) A description of--
``(A) how the local educational agency will meet
the requirements of this subpart;
``(B) how the activities to be carried out by the
local educational agency under this subpart will be
evidence-based, improve student academic achievement,
and improve teacher and school leader effectiveness;
``(C) if applicable, how, the local educational
agency will work with parents, teachers, school
leaders, and other staff of the schools served by the
local educational agency in developing and implementing
a teacher evaluation system; and
``(2) If applicable, a description of how the local
educational agency will develop and implement a teacher or
school leader evaluation system.
``(3) An assurance that the local educational agency will
comply with section 5501 (regarding participation by private
school children and teachers).
``SEC. 2123. LOCAL USE OF FUNDS.
``A local educational agency receiving a subgrant under this
subpart may use such funds for--
``(1) the development and implementation of a teacher
evaluation system that may--
``(A) use student achievement data derived from a
variety of sources as a significant factor in
determining a teacher's evaluation, with the weight
given to such data defined by the local educational
agency;
``(B) use multiple measures of evaluation for
evaluating teachers;
``(C) have more than 2 categories for rating the
performance of teachers;
``(D) be used to make personnel decisions, as
determined by the local educational agency; and
``(E) be based on input from parents, school
leaders, teachers, and other staff of schools served by
the local educational agency.
``(2) in the case of a local educational agency located in
a State implementing a statewide teacher evaluation system,
implementing such evaluation system;
``(3) the training of school leaders or other individuals
for the purpose of evaluating teachers or school leaders under
a teacher or school leader evaluation system, as appropriate;
``(4) in the case of a local educational agency located in
a State implementing a statewide school leader evaluation
system, to implement such evaluation system;
``(5) in the case of a local educational agency located in
a State not implementing a statewide school leader evaluation
system, the development and implementation of a school leader
evaluation system;
``(6) professional development for teachers and school
leaders that is evidence-based, job-embedded, and continuous,
such as--
``(A) subject-based professional development for
teachers, including for teachers of civic education,
including for teachers of computer science and other
science, technology, engineering, and mathematics
subjects;
``(B) professional development aligned with the
State's academic standards;
``(C) professional development to assist teachers
in meeting the needs of students with different
learning styles, particularly students with
disabilities, English learners, and gifted and talented
students;
``(D) professional development for teachers or
school leaders identified as in need of additional
support through data provided by a teacher or school
leader evaluation system, as appropriate;
``(E) professional development based on the current
science of learning, which includes research on
positive brain change and cognitive skill development;
``(F) professional development for school leaders,
including evidence-based mentorship programs for such
leaders;
``(G) professional development on integrated,
interdisciplinary, and project-based teaching
strategies, including for career and technical
education teachers and teachers of computer science and
other science, technology, engineering, and mathematics
subjects; or
``(H) professional development on teaching dual
credit, dual enrollment, Advanced Placement, or
International Baccalaureate postsecondary-level courses
to secondary school students;
``(7) partnering with a public or private organization or a
consortium of such organizations to develop and implement a
teacher evaluation system described in subparagraph (A) or (B)
of paragraph (1), or to administer professional development, as
appropriate;
``(8) any activities authorized under section 2222(a); or
``(9) class size reduction, except that the local
educational agency may use not more than 10 percent of such
funds for this purpose.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING REQUIREMENTS.
``(a) Local Educational Agencies.--Each local educational agency
receiving a subgrant under subpart 2 shall submit to the State
educational agency involved, on an annual basis until the last year in
which the local educational agency receives such subgrant funds, a
report on--
``(1) how the local educational agency is meeting the
purposes of this part described in section 2101;
``(2) how the local educational agency is using such
subgrant funds;
``(3) in the case of a local educational agency
implementing a teacher or school leader evaluation system, the
results of such evaluation system, except that such report
shall not reveal personally identifiable information about an
individual teacher or school leader; and
``(4) any such other information as the State educational
agency may require.
``(b) State Educational Agencies.--Each State educational agency
receiving a grant under subpart 1 shall submit to the Secretary a
report, on an annual basis until the last year in which the State
educational agency receives such grant funds, on--
``(1) how the State educational agency is meeting the
purposes of this part described in section 2101; and
``(2) how the State educational agency is using such grant
funds.
``SEC. 2132. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2111(b)(1)(A), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and local
educational agencies in carrying out activities under this
part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by State
educational agencies and local educational agencies under this
part.
``SEC. 2133. STATE DEFINED.
``In this part, the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.''.
(c) Part B.--Part B of title II (20 U.S.C. 6661 et seq.) is amended
to read as follows:
``PART B--TEACHER AND SCHOOL LEADER FLEXIBLE GRANT
``SEC. 2201. PURPOSE.
``The purpose of this part is to improve student academic
achievement by--
``(1) supporting all State educational agencies, local
educational agencies, schools, teachers, and school leaders to
pursue innovative and evidence-based practices to help all
students meet the State's academic standards; and
``(2) increasing the number of teachers and school leaders
who are effective in increasing student academic achievement.
``Subpart 1--Formula Grants to States
``SEC. 2211. STATE ALLOTMENTS.
``(a) Reservations.--From the amount appropriated under section
3(b) for any fiscal year, the Secretary--
``(1) shall reserve 25 percent to award grants to States
under this subpart; and
``(2) of the amount reserved under paragraph (1), shall
reserve--
``(A) not more than 1 percent for national
activities described in section 2233;
``(B) one-half of 1 percent for allotments to
outlying areas on the basis of their relative need, as
determined by the Secretary, in accordance with the
purpose of this part; and
``(C) one-half of 1 percent for the Secretary of
the Interior for programs under this part in schools
operated or funded by the Bureau of Indian Education.
``(b) State Allotments.--
``(1) In general.--From the total amount reserved under
subsection (a)(1) for each fiscal year and not reserved under
subparagraphs (A) through (C) of subsection (a)(2), the
Secretary shall allot, and make available in accordance with
this section, to each State an amount that bears the same ratio
to such sums as the school-age population of the State bears to
the school-age population of all States.
``(2) Small state minimum.--No State receiving an allotment
under paragraph (1) may receive less than one-half of 1 percent
of the total amount allotted under such paragraph.
``(3) Reallotment.--If a State does not receive an
allotment under this subpart for a fiscal year, the Secretary
shall reallot the amount of the State's allotment to the
remaining States in accordance with this section.
``(c) State Application.--In order to receive an allotment under
this section for any fiscal year, a State shall submit an application
to the Secretary, at such time and in such manner as the Secretary may
reasonably require. Such application shall--
``(1) designate the State educational agency as the agency
responsible for the administration and supervision of programs
assisted under this part;
``(2) describe how the State educational agency will use
funds received under this section for State level activities
described in subsection (d)(3);
``(3) describe the procedures and criteria the State
educational agency will use for reviewing applications and
awarding subgrants in a timely manner to eligible entities
under section 2221 on a competitive basis;
``(4) describe how the State educational agency will ensure
that subgrants made under section 2221 are of sufficient size
and scope to support effective programs that will help increase
academic achievement in the classroom and are consistent with
the purposes of this part;
``(5) describe the steps the State educational agency will
take to ensure that eligible entities use subgrants received
under section 2221 to carry out programs that implement
effective strategies, including by providing ongoing technical
assistance and training, and disseminating evidence-based and
other effective strategies to such eligible entities;
``(6) describe how programs under this part will be
coordinated with other programs under this Act; and
``(7) include an assurance that, other than providing
technical and advisory assistance and monitoring compliance
with this part, the State educational agency has not exercised,
and will not exercise, any influence in the decision-making
processes of eligible entities as to the expenditure of funds
made pursuant to an application submitted under section
2221(b).
``(d) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this section shall reserve not less than 92 percent of
the amount allotted to such State under subsection (b), for
each fiscal year, for subgrants to eligible entities under
subpart 2.
``(2) State administration.--A State educational agency may
reserve not more than 1 percent of the amount made available to
the State under subsection (b) for the administrative costs of
carrying out such State educational agency's responsibilities
under this subpart.
``(3) State-level activities.--
``(A) Innovative teacher and school leader
activities.--A State educational agency shall reserve
not more than 4 percent of the amount made available to
the State under subsection (b) to carry out, solely, or
in partnership with State agencies of higher education,
1 or more of the following activities:
``(i) Reforming teacher and school leader
certification, recertification, licensing, and
tenure systems to ensure that such systems are
rigorous and that--
``(I) each teacher has the subject
matter knowledge and teaching skills
necessary to help students meet the
State's academic standards; and
``(II) school leaders have the
instructional leadership skills to help
teachers instruct and students learn.
``(ii) Improving the quality of teacher
preparation programs within the State,
including through the use of appropriate
student achievement data and other factors to
evaluate the quality of teacher preparation
programs within the State.
``(iii) Carrying out programs that
establish, expand, or improve alternative
routes for State certification or licensure of
teachers and school leaders, including such
programs for--
``(I) mid-career professionals from
other occupations, including computer
science and other science, technology,
engineering, and math fields;
``(II) former military personnel;
and
``(III) recent graduates of an
institution of higher education, with a
record of academic distinction, who
demonstrate the potential to become
effective teachers or school leaders.
``(iv) Developing, or assisting eligible
entities in developing--
``(I) performance-based pay systems
for teachers and school leaders;
``(II) strategies that provide
differential, incentive, or bonus pay
for teachers and school leaders; or
``(III) teacher and school leader
advancement initiatives that promote
professional growth and emphasize
multiple career paths and pay
differentiation.
``(v) Developing, or assisting eligible
entities in developing, new, evidence-based
teacher and school leader induction and
mentoring programs that are designed to--
``(I) improve instruction and
student academic achievement; and
``(II) increase the retention of
effective teachers and school leaders.
``(vi) Providing professional development
for teachers and school leaders that is focused
on improving teaching and student academic
achievement, including for students with
different learning styles, particularly
students with disabilities, English learners,
gifted and talented students, and other special
populations.
``(vii) Providing training and technical
assistance to eligible entities that receive a
subgrant under section 2221.
``(viii) Other activities identified by the
State educational agency that meet the purposes
of this part, including those activities
authorized under subparagraph (B).
``(B) Teacher or school leader preparation
academies.--
``(i) In general.--In the case of a State
in which teacher or school leader preparation
academies are allowable under State law, a
State educational agency may reserve not more
than 3 percent of the amount made available to
the State under subsection (b) to support the
establishment or expansion of one or more
teacher or school leader preparation academies
and, subject to the limitation under clause
(iii), to support State authorizers for such
academies.
``(ii) Matching requirement.--A State
educational agency shall not provide funds
under this subparagraph to support the
establishment or expansion of a teacher or
school leader preparation academy unless the
academy agrees to provide, either directly or
through private contributions, non-Federal
matching funds equal to not less than 10
percent of the amount of the funds the academy
will receive under this subparagraph.
``(iii) Funding for state authorizers.--Not
more than 5 percent of funds provided to a
teacher or school leader preparation academy
under this subparagraph may be used to support
activities of State authorizers for such
academy.
``SEC. 2212. APPROVAL AND DISAPPROVAL OF STATE APPLICATIONS.
``(a) Deemed Approval.--An application submitted by a State
pursuant to section 2211(c) shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination, prior to
the expiration of the 120-day period beginning on the date on which the
Secretary received the application, that the application is not in
compliance with section 2211(c).
``(b) Disapproval Process.--
``(1) In general.--The Secretary shall not finally
disapprove an application submitted under section 2211(c),
except after giving the State educational agency notice and an
opportunity for a hearing.
``(2) Notification.--If the Secretary finds that an
application is not in compliance, in whole or in part, with
section 2211(c) the Secretary shall--
``(A) give the State educational agency notice and
an opportunity for a hearing; and
``(B) notify the State educational agency of the
finding of noncompliance and, in such notification,
shall--
``(i) cite the specific provisions in the
application that are not in compliance; and
``(ii) request additional information, only
as to the noncompliant provisions, needed to
make the application compliant.
``(3) Response.--If a State educational agency responds to
a notification from the Secretary under paragraph (2)(B) during
the 45-day period beginning on the date on which the State
educational agency received the notification, and resubmits the
application with the requested information described in
paragraph (2)(B)(ii), the Secretary shall approve or disapprove
such application prior to the later of--
``(A) the expiration of the 45-day period beginning
on the date on which the application is resubmitted; or
``(B) the expiration of the 120-day period
described in subsection (a).
``(4) Failure to respond.--If the State educational agency
does not respond to a notification from the Secretary under
paragraph (2)(B) during the 45-day period beginning on the date
on which the State educational agency received the
notification, such application shall be deemed to be
disapproved.
``Subpart 2--Local Competitive Grant Program
``SEC. 2221. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives an allotment under section
2211(b) for a fiscal year shall use the amount reserved under section
2211(d)(1) to award subgrants, on a competitive basis, to eligible
entities in accordance with this section to enable such entities to
carry out the programs and activities described in section 2222.
``(b) Application.--
``(1) In general.--To be eligible to receive a subgrant
under this section, an eligible entity shall submit an
application to the State educational agency at such time, in
such manner, and including such information as the State
educational agency may reasonably require.
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the programs and activities
to be funded and how they are consistent with the
purposes of this part; and
``(B) an assurance that the eligible entity will
comply with section 5501 (regarding participation by
private school children and teachers).
``(c) Peer Review.--In reviewing applications under this section, a
State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review
shall only judge the likelihood of the activity to increase student
academic achievement. The reviewers shall not make a determination
based on the policy of the proposed activity.
``(d) Geographic Diversity.--A State educational agency shall
distribute funds under this section equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(e) Duration of Awards.--A State educational agency may award
subgrants under this section for a period of not more than 5 years.
``(f) Matching.--An eligible entity receiving a subgrant under this
section shall provide, either directly or through private
contributions, non-Federal matching funds equal to not less than 10
percent of the amount of the subgrant.
``SEC. 2222. LOCAL AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible entity receiving a subgrant under
section 2221 shall use such subgrant funds to develop, implement, and
evaluate comprehensive programs and activities, that are in accordance
with the purpose of this part and--
``(1) are consistent with the principles of effectiveness
described in subsection (b); and
``(2) may include, among other programs and activities--
``(A) developing and implementing initiatives to
assist in recruiting, hiring, and retaining highly
effective teachers and school leaders, including
initiatives that provide--
``(i) differential, incentive, or bonus pay
for teachers and school leaders;
``(ii) performance-based pay systems for
teachers and school leaders;
``(iii) teacher and school leader
advancement initiatives that promote
professional growth and emphasize multiple
career paths and pay differentiation;
``(iv) new teacher and school leader
induction and mentoring programs that are
designed to improve instruction, student
academic achievement, and to increase teacher
and school leader retention; and
``(v) teacher residency programs, and
school leader residency programs, designed to
develop and support new teachers or new school
leaders, respectively;
``(B) supporting the establishment or expansion of
teacher or school leader preparation academies under
section 2211(d)(3)(B);
``(C) recruiting qualified individuals from other
fields, including individuals from computer science and
other science, technology, engineering, and math
fields, mid-career professionals from other
occupations, and former military personnel;
``(D) establishing, improving, or expanding model
instructional programs to ensure that all children meet
the State's academic standards;
``(E) providing evidence-based, job embedded,
continuous professional development for teachers and
school leaders focused on improving teaching and
student academic achievement;
``(F) implementing programs based on the current
science of learning, which includes research on
positive brain change and cognitive skill development;
``(G) recruiting and training teachers to teach
dual credit, dual enrollment, Advanced Placement, or
International Baccalaureate postsecondary-level courses
to secondary school students; and
``(H) other activities and programs identified as
necessary by the local educational agency that meet the
purpose of this part.
``(b) Principles of Effectiveness.--For a program or activity
developed pursuant to this section to meet the principles of
effectiveness, such program or activity shall--
``(1) be based upon an assessment of objective data
regarding the need for programs and activities in the
elementary schools and secondary schools served to increase the
number of teachers and school leaders who are effective in
improving student academic achievement;
``(2) reflect evidence-based research, or in the absence of
a strong research base, reflect effective strategies in the
field, that provide evidence that the program or activity will
improve student academic achievement; and
``(3) include meaningful and ongoing consultation with, and
input from, teachers, school leaders, and parents, in the
development of the application and administration of the
program or activity.
``Subpart 3--General Provisions
``SEC. 2231. PERIODIC EVALUATION.
``(a) In General.--Each eligible entity and each teacher or school
leader preparation academy that receives funds under this part shall
undergo a periodic evaluation by the State educational agency involved
to assess such entity's or such academy's progress toward achieving the
purposes of this part.
``(b) Use of Results.--The results of an evaluation described in
subsection (a) of an eligible entity or academy shall be--
``(1) used to refine, improve, and strengthen such eligible
entity or such academy, respectively; and
``(2) made available to the public upon request, with
public notice of such availability provided.
``SEC. 2232. REPORTING REQUIREMENTS.
``(a) Eligible Entities and Academies.--Each eligible entity and
each teacher or school leader preparation academy that receives funds
from a State educational agency under this part shall prepare and
submit annually to such State educational agency a report that
includes--
``(1) a description of the progress of the eligible entity
or teacher or school leader preparation academy, respectively,
in meeting the purposes of this part;
``(2) a description of the programs and activities
conducted by the eligible entity or teacher or school leader
preparation academy, respectively, with funds received under
this part;
``(3) how the eligible entity or teacher or school leader
preparation academy, respectively, is using such funds; and
``(4) any such other information as the State educational
agency may require.
``(b) State Educational Agencies.--Each State educational agency
that receives a grant under this part shall prepare and submit,
annually, to the Secretary a report that includes--
``(1) a description of the programs and activities
conducted by the State educational agency with grant funds
received under this part;
``(2) a description of the progress of the State
educational agency in meeting the purposes of this part
described in section 2201;
``(3) how the State educational agency is using grant funds
received under this part;
``(4) the methods and criteria the State educational agency
used to award subgrants in a timely manner to eligible entities
under section 2221 and, if applicable, funds in a timely manner
to teacher or school leader academies under section
2211(d)(3)(B); and
``(5) the results of the periodic evaluations conducted
under section 2231.
``SEC. 2233. NATIONAL ACTIVITIES.
``From the funds reserved by the Secretary under section
2211(a)(2)(A), the Secretary shall, directly or through grants and
contracts--
``(1) provide technical assistance to States and eligible
entities in carrying out activities under this part; and
``(2) acting through the Institute of Education Sciences,
conduct national evaluations of activities carried out by
States and eligible entities under this part.
``SEC. 2234. DEFINITIONS.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a local educational agency or consortium of
local educational agencies;
``(B) an institution of higher education or
consortium of such institutions in partnership with a
local educational agency or consortium of local
educational agencies;
``(C) a for-profit organization, a nonprofit
organization, or a consortium of for-profit or
nonprofit organizations in partnership with a local
educational agency or consortium of local educational
agencies; or
``(D) a consortium of the entities described in
subparagraphs (B) and (C).
``(2) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``(3) State authorizer.--The term `State authorizer' means
an entity designated by the Governor of a State to authorize
teacher or school leader preparation academies within the State
that--
``(A) enters into an agreement with a teacher or
school leader preparation academy that--
``(i) specifies the goals expected of the
academy, which, at a minimum, include the goals
described in paragraph (4); and
``(ii) does not reauthorize the academy if
such goals are not met; and
``(B) may be a nonprofit organization, a State
educational agency, or other public entity, or
consortium of such entities (including a consortium of
State educational agencies).
``(4) Teacher or school leader preparation academy.--The
term `teacher or school leader preparation academy' means a
public or private entity, or a nonprofit or for-profit
organization, which may be an institution of higher education
or an organization affiliated with an institution of higher
education, that will prepare teachers or school leaders to
serve in schools, and that--
``(A) enters into an agreement with a State
authorizer that specifies the goals expected of the
academy, including--
``(i) a requirement that prospective
teachers or school leaders who are enrolled in
a teacher or school leader preparation academy
receive a significant part of their training
through clinical preparation that partners the
prospective candidate with an effective teacher
or school leader, respectively, with a
demonstrated record of increasing student
achievement, while also receiving concurrent
instruction from the academy in the content
area (or areas) in which the prospective
teacher or school leader will become certified
or licensed;
``(ii) the number of effective teachers or
school leaders, respectively, who will
demonstrate success in increasing student
achievement that the academy will produce; and
``(iii) a requirement that a teacher or
school leader preparation academy will only
award a certificate of completion after the
graduate demonstrates that the graduate is an
effective teacher or school leader,
respectively, with a demonstrated record of
increasing student achievement, except that an
academy may award a provisional certificate for
the period necessary to allow the graduate to
demonstrate such effectiveness;
``(B) does not have restrictions on the methods the
academy will use to train prospective teacher or school
leader candidates, including--
``(i) obligating (or prohibiting) the
academy's faculty to hold advanced degrees or
conduct academic research;
``(ii) restrictions related to the
academy's physical infrastructure;
``(iii) restrictions related to the number
of course credits required as part of the
program of study;
``(iv) restrictions related to the
undergraduate coursework completed by teachers
teaching or working on alternative
certificates, licenses, or credentials, as long
as such teachers have successfully passed all
relevant State-approved content area
examinations; or
``(v) restrictions related to obtaining
accreditation from an accrediting body for
purposes of becoming an academy;
``(C) limits admission to its program to
prospective teacher or school leader candidates who
demonstrate strong potential to improve student
achievement, based on a rigorous selection process that
reviews a candidate's prior academic achievement or
record of professional accomplishment; and
``(D) results in a certificate of completion that
the State may recognize as at least the equivalent of a
master's degree in education for the purposes of
hiring, retention, compensation, and promotion in the
State.
``(5) Teacher residency program.--The term `teacher
residency program' means a school-based teacher preparation
program in which a prospective teacher--
``(A) for one academic year, teaches alongside an
effective teacher, as determined by a teacher
evaluation system implemented under part A, who is the
teacher of record;
``(B) receives concurrent instruction during the
year described in subparagraph (A) from the partner
institution (as defined in section 200 of the Higher
Education Act of 1965 (20 U.S.C. 1021)), which courses
may be taught by local educational agency personnel or
residency program faculty, in the teaching of the
content area in which the teacher will become certified
or licensed; and
``(C) acquires effective teaching skills.''.
(d) Part C.--Part C of title II (20 U.S.C. 6671 et seq.) is
amended--
(1) by striking subparts 1 through 4;
(2) by striking the heading relating to subpart 5;
(3) by striking sections 2361 and 2368;
(4) in section 2362, by striking ``principals'' and
inserting ``school leaders'';
(5) in section 2363(6)(A), by striking ``principal'' and
inserting ``school leader'';
(6) in section 2366(b), by striking ``ate law'' and
inserting ``(3) A State law'';
(7) by redesignating section 2362 as section 2361;
(8) by redesignating sections 2364 through 2367 as sections
2362 through 2365, respectively; and
(9) by redesignating section 2363 as section 2366 and
transferring such section to appear after section 2365 (as so
redesignated).
(e) Part D.--Part D of title II (20 U.S.C. 6751 et seq.) is amended
to read as follows:
``PART D--GENERAL PROVISIONS
``SEC. 2401. INCLUSION OF CHARTER SCHOOLS.
``In this title, the term `local educational agency' includes a
charter school (as defined in section 5101) that, in the absence of
this section, would not have received funds under this title.
``SEC. 2402. PARENTS' RIGHT TO KNOW.
``At the beginning of each school year, a local educational agency
that receives funds under this title shall notify the parents of each
student attending any school receiving funds under this title that the
parents may request, and the agency will provide the parents on request
(and in a timely manner), information regarding the professional
qualifications of the student's classroom teachers.
``SEC. 2403. SUPPLEMENT, NOT SUPPLANT.
``Funds received under this title shall be used to supplement, and
not supplant, non-Federal funds that would otherwise be used for
activities authorized under this title.''.
SEC. 202. CONFORMING REPEALS.
(a) Conforming Repeals.--Title II of the Higher Education Act of
1965 (20 U.S.C. 1021 et seq.) is amended by repealing sections 201
through 204.
(b) Effective Date.--The repeals made by subsection (a) shall take
effect October 1, 2013.
TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
SEC. 301. PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY.
Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:
``TITLE III--PARENTAL ENGAGEMENT AND LOCAL FLEXIBILITY
``PART A--PARENTAL ENGAGEMENT
``Subpart 1--Charter School Program
``SEC. 3101. PURPOSE.
``It is the purpose of this subpart to--
``(1) improve the United States education system and
educational opportunities for all Americans by supporting
innovation in public education in public school settings that
prepare students to compete and contribute to the global
economy;
``(2) provide financial assistance for the planning,
program design, and initial implementation of charter schools;
``(3) expand the number of high-quality charter schools
available to students across the Nation;
``(4) evaluate the impact of such schools on student
achievement, families, and communities, and share best
practices between charter schools and other public schools;
``(5) encourage States to provide support to charter
schools for facilities financing in an amount more nearly
commensurate to the amount the States have typically provided
for traditional public schools;
``(6) improve student services to increase opportunities
for students with disabilities, English learners, and other
traditionally underserved students to attend charter schools
and meet challenging State academic achievement standards; and
``(7) support efforts to strengthen the charter school
authorizing process to improve performance management,
including transparency, monitoring, and evaluation of such
schools.
``SEC. 3102. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under section
3(c)(1)(A), the Secretary shall carry out a charter school program
under this subpart that supports charter schools that serve elementary
school and secondary school students by--
``(1) supporting the startup, replication, and expansion of
charter schools;
``(2) assisting charter schools in accessing credit to
acquire and renovate facilities for school use; and
``(3) carrying out national activities to support--
``(A) charter school development;
``(B) the dissemination of best practices of
charter schools for all schools; and
``(C) the evaluation of the impact of the program
on schools participating in the program.
``(b) Funding Allotment.--From the amount made available under
section 3(c)(1)(A) for a fiscal year, the Secretary shall--
``(1) reserve 15 percent to support charter school
facilities assistance under section 3104;
``(2) reserve not more than 5 percent to carry out national
activities under section 3105; and
``(3) use the remaining amount after the Secretary reserves
funds under paragraphs (1) and (2) to carry out section 3103.
``(c) Prior Grants and Subgrants.--The recipient of a grant or
subgrant under this subpart or subpart 2, as such subpart was in effect
on the day before the date of enactment of the Student Success Act,
shall continue to receive funds in accordance with the terms and
conditions of such grant or subgrant.
``SEC. 3103. GRANTS TO SUPPORT HIGH-QUALITY CHARTER SCHOOLS.
``(a) In General.--From the amount reserved under section
3102(b)(3), the Secretary shall award grants to State entities having
applications approved pursuant to subsection (f) to enable such
entities to--
``(1) award subgrants to eligible applicants for--
``(A) opening new charter schools;
``(B) opening replicable, high-quality charter
school models; or
``(C) expanding high-quality charter schools; and
``(2) provide technical assistance to eligible applicants
and authorized public chartering agencies in carrying out the
activities described in paragraph (1) and work with authorized
public chartering agencies in the State to improve authorizing
quality.
``(b) State Uses of Funds.--
``(1) In general.--A State entity receiving a grant under
this section shall--
``(A) use 90 percent of the grant funds to award
subgrants to eligible applicants, in accordance with
the quality charter school program described in the
entity's application approved pursuant to subsection
(f), for the purposes described in subparagraphs (A)
through (C) of subsection (a)(1); and
``(B) reserve 10 percent of such funds to carry out
the activities described in subsection (a)(2), of which
not more than 30 percent may be used for administrative
costs which may include technical assistance.
``(2) Contracts and grants.--A State entity may use a grant
received under this section to carry out the activities
described in subparagraphs (A) and (B) of paragraph (1)
directly or through grants, contracts, or cooperative
agreements.
``(c) Program Periods; Peer Review; Grant Number and Amount;
Diversity of Projects; Waivers.--
``(1) Program periods.--
``(A) Grants.--A grant awarded by the Secretary to
a State entity under this section shall be for a period
of not more than 5 years.
``(B) Subgrants.--A subgrant awarded by a State
entity under this section shall be for a period of not
more than 3 years, of which an eligible applicant may
use not more than 18 months for planning and program
design.
``(2) Peer review.--The Secretary, and each State entity
receiving a grant under this section, shall use a peer review
process to review applications for assistance under this
section.
``(3) Grant number and amount.--The Secretary shall ensure
that the number of grants awarded under this section and the
award amounts will allow for a sufficient number of new grants
to be awarded under this section for each succeeding fiscal
year.
``(4) Diversity of projects.--Each State entity receiving a
grant under this section shall award subgrants under this
section in a manner that, to the extent possible, ensures that
such subgrants--
``(A) are distributed throughout different areas,
including urban, suburban, and rural areas; and
``(B) will assist charter schools representing a
variety of educational approaches.
``(5) Waivers.--The Secretary may waive any statutory or
regulatory requirement without requiring the adoption of any
unrelated requirements over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
5101(3), if--
``(A) the waiver is requested in an approved
application under this section; and
``(B) the Secretary determines that granting such a
waiver will promote the purpose of this subpart.
``(d) Limitations.--
``(1) Grants.--A State entity may not receive more than 1
grant under this section for a 5-year period.
``(2) Subgrants.--An eligible applicant may not receive
more than 1 subgrant under this section for an individual
charter school for a 3-year period.
``(e) Applications.--A State entity desiring to receive a grant
under this section shall submit an application to the Secretary at such
time and in such manner as the Secretary may require. The application
shall include the following:
``(1) Description of program.--A description of the State
entity's objectives in running a quality charter school program
under this section and how the objectives of the program will
be carried out, including a description--
``(A) of how the entity--
``(i) will support both new charter school
startup and the expansion and replication of
high-quality charter school models;
``(ii) will inform eligible charter
schools, developers, and authorized public
chartering agencies of the availability of
funds under the program;
``(iii) will work with eligible applicants
to ensure that the applicants access all
Federal funds that they are eligible to
receive, and help the charter schools supported
by the applicants and the students attending
the charter schools--
``(I) participate in the Federal
programs in which the schools and
students are eligible to participate;
and
``(II) receive the commensurate
share of Federal funds the schools and
students are eligible to receive under
such programs;
``(iv) in the case in which the entity is
not a State educational agency--
``(I) will work with the State
educational agency and the charter
schools in the State to maximize
charter school participation in Federal
and State programs for charter schools;
and
``(II) will work with the State
educational agency to adequately
operate the entity's program under this
section, where applicable;
``(v) will ensure eligible applicants that
receive a subgrant under the entity's program
are prepared to continue to operate the charter
schools receiving the subgrant funds once the
funds have expired;
``(vi) will support charter schools in
local educational agencies with large numbers
of schools implementing requirements under the
State's school improvement system under section
1111(b)(3)(B)(iii);
``(vii) will work with charter schools to
promote inclusion of all students and support
all students once they are enrolled to promote
retention;
``(viii) will work with charter schools on
recruitment practices, including efforts to
engage groups that may otherwise have limited
opportunities to participate in charter
schools;
``(ix) will share best and promising
practices between charter schools and other
public schools, including, where appropriate,
instruction and professional development in
science, math, technology, and engineering
education;
``(x) will ensure the charter schools
receiving funds under the entity's program can
meet the educational needs of their students,
including students with disabilities and
English learners; and
``(xi) will support efforts to increase
quality initiatives, including meeting the
quality authorizing elements described in
paragraph (2)(E);
``(B) of the extent to which the entity--
``(i) is able to meet and carry out the
priorities listed in subsection (f)(2); and
``(ii) is working to develop or strengthen
a cohesive statewide system to support the
opening of new charter schools and replicable,
high-quality charter school models, and the
expansion of high-quality charter schools;
``(C) of how the entity will carry out the subgrant
competition, including--
``(i) a description of the application each
eligible applicant desiring to receive a
subgrant will submit, including--
``(I) a description of the roles
and responsibilities of eligible
applicants, partner organizations, and
management organizations, including the
administrative and contractual roles
and responsibilities;
``(II) a description of the quality
controls agreed to between the eligible
applicant and the authorized public
chartering agency involved, such as a
contract or performance agreement, and
how a school's performance in the
State's academic accountability system
will be a primary factor for renewal or
revocation of the school's charter; and
``(III) a description of how the
eligible applicant will solicit and
consider input from parents and other
members of the community on the
implementation and operation of each
charter school receiving funds under
the entity's program; and
``(ii) a description of how the entity will
review applications;
``(D) in the case of an entity that partners with
an outside organization to carry out the entity's
quality charter school program, in whole or in part, of
the roles and responsibilities of this partner;
``(E) of how the entity will help the charter
schools receiving funds under the entity's program
consider the transportation needs of the schools'
students; and
``(F) of how the entity will support diverse
charter school models, including models that serve
rural communities.
``(2) Assurances.--Assurances, including a description of
how the assurances will be met, that--
``(A) each charter school receiving funds under the
entity's program will have a high degree of autonomy
over budget and operations, including personnel;
``(B) the entity will support charter schools in
meeting the educational needs of their students as
described in paragraph (1)(A)(x);
``(C) the entity will ensure that the authorized
public chartering agency of any charter school that
receives funds under the entity's program--
``(i) ensures that each charter school is
meeting the obligations under this Act, part B
of the Individuals with Disabilities Education
Act, title VI of the Civil Rights Act of 1964,
section 504 of the Rehabilitation Act of 1973,
the Age Discrimination Act of 1975, and title
IX of the Education Amendments of 1972;
``(ii) adequately monitors and helps each
charter school in recruiting, enrolling, and
meeting the needs of all students, including
students with disabilities and English
learners; and
``(iii) ensures that each charter school
solicits and considers input from parents and
other members of the community on the
implementation and operation of the school;
``(D) the entity will provide adequate technical
assistance to eligible applicants to--
``(i) meet the objectives described in
clauses (vii), (viii), and (x) of paragraph
(1)(A); and
``(ii) enroll traditionally underserved
students, including students with disabilities
and English learners, to promote an inclusive
education environment;
``(E) the entity will promote quality authorizing,
such as through providing technical assistance, to
support all authorized public chartering agencies in
the State to improve the monitoring of their charter
schools, including by--
``(i) assessing annual performance data of
the schools, including, as appropriate,
graduation rates and student growth; and
``(ii) reviewing the schools' independent,
annual audits of financial statements conducted
in accordance with generally accepted
accounting principles, and ensuring any such
audits are publically reported;
``(F) the entity will work to ensure that charter
schools are included with the traditional public
schools in decision-making about the public school
system in the State;
``(G) the entity will ensure that each charter
school in the State make publicly available, consistent
with the dissemination requirements of the annual State
report card, the information parents need to make
informed decisions about the education options
available to their children, including information on
the educational program, student support services, and
annual performance and enrollment data for the groups
of students described in section 1111(b)(3)(B)(ii)(II);
``(H) the entity will ensure that each charter
school provides substantive outreach to students from
low-income families and other underserved populations
in its plans to open new charter schools, replicate
high-quality charter school models, or expand existing
high-quality charter schools; and
``(I) the entity will allow per pupil revenues to
shared between local educational agencies to reflect
split student enrollment in 2 or more part-time
educational programs operated or authorized by
different local educational agencies.
``(3) Requests for waivers.--A request and justification
for waivers of any Federal statutory or regulatory provisions
that the entity believes are necessary for the successful
operation of the charter schools that will receive funds under
the entity's program under this section, and a description of
any State or local rules, generally applicable to public
schools, that will be waived, or otherwise not apply to such
schools.
``(f) Selection Criteria; Priority.--
``(1) Selection criteria.--The Secretary shall award grants
to State entities under this section on the basis of the
quality of the applications submitted under subsection (e),
after taking into consideration--
``(A) the degree of flexibility afforded by the
State's public charter school law and how the entity
will work to maximize the flexibility provided to
charter schools under the law;
``(B) the ambitiousness of the entity's objectives
for the quality charter school program carried out
under this section;
``(C) the quality of the strategy for assessing
achievement of those objectives;
``(D) the likelihood that the eligible applicants
receiving subgrants under the program will meet those
objectives and improve educational results for
students;
``(E) the proposed number of new charter schools to
be opened, and the proposed number of high-quality
charter schools to be replicated or expanded under the
program;
``(F) the entity's plan to--
``(i) adequately monitor the eligible
applicants receiving subgrants under the
entity's program; and
``(ii) work with the authorized public
chartering agencies involved to avoid
duplication of work for the charter schools and
authorized public chartering agencies;
``(G) the entity's plan to provide adequate
technical assistance, as described in the entity's
application under subsection (e), for the eligible
applicants receiving subgrants under the entity's
program under this section;
``(H) the entity's plan to support quality
authorizing efforts in the State, consistent with the
objectives described in subparagraph (B); and
``(I) the entity's plan to solicit and consider
input from parents and other members of the community
on the implementation and operation of the charter
schools in the State.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give priority to State entities to the extent
that they meet the following criteria:
``(A) In the case of a State entity located in a
State that allows an entity other than a local
educational agency to be an authorized public
chartering agency, the State has a quality authorized
public chartering agency that is an entity other than a
local educational agency.
``(B) The State entity is located in a State that
does not impose any limitation on the number or
percentage of charter schools that may exist or the
number or percentage of students that may attend
charter schools in the State.
``(C) The State entity is located in a State that
ensures equitable financing, as compared to traditional
public schools, for charter schools and students in a
prompt manner.
``(D) The State entity is located in a State that
uses best practices from charter schools to help
improve struggling schools and local educational
agencies.
``(E) The State entity partners with an
organization that has a demonstrated record of success
in developing management organizations to support the
development of charter schools in the State.
``(F) The State entity demonstrates quality
policies and practices to support and monitor charter
schools through factors including--
``(i) the proportion of high-quality
charter schools in the State; and
``(ii) the proportion of charter schools
enrolling, at a rate similar to traditional
public schools, traditionally underserved
students, including students with disabilities
and English learners.
``(G) The State entity supports charter schools
that support at-risk students through activities such
as dropout prevention or dropout recovery.
``(H) The State entity authorizes all charter
schools in the State to serve as school food
authorities.
``(g) Local Uses of Funds.--An eligible applicant receiving a
subgrant under this section shall use such funds to open new charter
schools, open replicable, high-quality charter school models, or expand
existing high-quality charter schools, which may include: (1) paying
costs associated with preparing teachers to ensure strong school
starts; (2) purchasing instructional materials and implementing teacher
and principal professional development programs; and (3) providing the
necessary renovations and minor facilities repairs, excluding
construction, to ensure a strong school opening or to meet the needs of
increased student enrollment.
``(h) Reporting Requirements.--Each State entity receiving a grant
under this section shall submit to the Secretary, at the end of the
third year of the 5-year grant period and at the end of such grant
period, a report on--
``(1) the number of students served under each subgrant
awarded under this section and, if applicable, how many new
students were served during each year of the subgrant period;
``(2) the number of subgrants awarded under this section to
carry out each of the following--
``(A) the opening of new charter schools;
``(B) the opening of replicable, high-quality
charter school models; and
``(C) the expansion of high-quality charter
schools;
``(3) the progress the entity made toward meeting the
priorities described in subsection (f)(2), as applicable;
``(4) how the entity met the objectives of the quality
charter school program described in the entity's application
under subsection (e);
``(5) how the entity complied with, and ensured that
eligible applicants complied with, the assurances described in
the entity's application; and
``(6) how the entity worked with authorized public
chartering agencies and how such agencies worked with the
management company or leadership of the schools that received
subgrants under this section.
``(i) State Entity Defined.--For purposes of this section, the term
`State entity' means--
``(1) a State educational agency;
``(2) a State charter school board;
``(3) a Governor of a State; or
``(4) a charter support organization.
``SEC. 3104. FACILITIES FINANCING ASSISTANCE.
``(a) Grants to Eligible Entities.--
``(1) In general.--The Secretary shall not use less than 50
percent of the amount reserved under section 3102(b)(1) to
award grants to eligible entities that have the highest-quality
applications approved under subsection (d), after considering
the diversity of such applications, to demonstrate innovative
methods of assisting charter schools to address the cost of
acquiring, constructing, and renovating facilities by enhancing
the availability of loans or bond financing.
``(2) Eligible entity defined.--For purposes of this
section, the term `eligible entity' means--
``(A) a public entity, such as a State or local
governmental entity;
``(B) a private nonprofit entity; or
``(C) a consortium of entities described in
subparagraphs (A) and (B).
``(b) Grantee Selection.--The Secretary shall evaluate each
application submitted under subsection (d), and shall determine whether
the application is sufficient to merit approval.
``(c) Grant Characteristics.--Grants under subsection (a) shall be
of a sufficient size, scope, and quality so as to ensure an effective
demonstration of an innovative means of enhancing credit for the
financing of charter school acquisition, construction, or renovation.
``(d) Applications.--
``(1) In general.--To receive a grant under subsection (a),
an eligible entity shall submit to the Secretary an application
in such form as the Secretary may reasonably require.
``(2) Contents.--An application submitted under paragraph
(1) shall contain--
``(A) a statement identifying the activities
proposed to be undertaken with funds received under
subsection (a), including how the eligible entity will
determine which charter schools will receive
assistance, and how much and what types of assistance
charter schools will receive;
``(B) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
``(C) a description of the eligible entity's
expertise in capital market financing;
``(D) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of Federal,
State, or local government funding used and otherwise
enhance credit available to charter schools, including
how the entity will offer a combination of rates and
terms more favorable than the rates and terms that a
charter school could receive without assistance from
the entity under this section;
``(E) a description of how the eligible entity
possesses sufficient expertise in education to evaluate
the likelihood of success of a charter school program
for which facilities financing is sought; and
``(F) in the case of an application submitted by a
State governmental entity, a description of the actions
that the entity has taken, or will take, to ensure that
charter schools within the State receive the funding
the charter schools need to have adequate facilities.
``(e) Charter School Objectives.--An eligible entity receiving a
grant under this section shall use the funds deposited in the reserve
account established under subsection (f) to assist one or more charter
schools to access private sector capital to accomplish one or more of
the following objectives:
``(1) The acquisition (by purchase, lease, donation, or
otherwise) of an interest (including an interest held by a
third party for the benefit of a charter school) in improved or
unimproved real property that is necessary to commence or
continue the operation of a charter school.
``(2) The construction of new facilities, including
predevelopment costs, or the renovation, repair, or alteration
of existing facilities, necessary to commence or continue the
operation of a charter school.
``(3) The predevelopment costs required to assess sites for
purposes of paragraph (1) or (2) and which are necessary to
commence or continue the operation of a charter school.
``(f) Reserve Account.--
``(1) Use of funds.--To assist charter schools to
accomplish the objectives described in subsection (e), an
eligible entity receiving a grant under subsection (a) shall,
in accordance with State and local law, directly or indirectly,
alone or in collaboration with others, deposit the funds
received under subsection (a) (other than funds used for
administrative costs in accordance with subsection (g)) in a
reserve account established and maintained by the eligible
entity for this purpose. Amounts deposited in such account
shall be used by the eligible entity for one or more of the
following purposes:
``(A) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein,
the proceeds of which are used for an objective
described in subsection (e).
``(B) Guaranteeing and insuring leases of personal
and real property for an objective described in
subsection (e).
``(C) Facilitating financing by identifying
potential lending sources, encouraging private lending,
and other similar activities that directly promote
lending to, or for the benefit of, charter schools.
``(D) Facilitating the issuance of bonds by charter
schools, or by other public entities for the benefit of
charter schools, by providing technical,
administrative, and other appropriate assistance
(including the recruitment of bond counsel,
underwriters, and potential investors and the
consolidation of multiple charter school projects
within a single bond issue).
``(2) Investment.--Funds received under this section and
deposited in the reserve account established under paragraph
(1) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk
securities.
``(3) Reinvestment of earnings.--Any earnings on funds
received under subsection (a) shall be deposited in the reserve
account established under paragraph (1) and used in accordance
with such paragraph.
``(g) Limitation on Administrative Costs.--An eligible entity may
use not more than 2.5 percent of the funds received under subsection
(a) for the administrative costs of carrying out its responsibilities
under this section (excluding subsection (k)).
``(h) Audits and Reports.--
``(1) Financial record maintenance and audit.--The
financial records of each eligible entity receiving a grant
under subsection (a) shall be maintained in accordance with
generally accepted accounting principles and shall be subject
to an annual audit by an independent public accountant.
``(2) Reports.--
``(A) Grantee annual reports.--Each eligible entity
receiving a grant under subsection (a) annually shall
submit to the Secretary a report of its operations and
activities under this section.
``(B) Contents.--Each annual report submitted under
subparagraph (A) shall include--
``(i) a copy of the most recent financial
statements, and any accompanying opinion on
such statements, prepared by the independent
public accountant reviewing the financial
records of the eligible entity;
``(ii) a copy of any report made on an
audit of the financial records of the eligible
entity that was conducted under paragraph (1)
during the reporting period;
``(iii) an evaluation by the eligible
entity of the effectiveness of its use of the
Federal funds provided under subsection (a) in
leveraging private funds;
``(iv) a listing and description of the
charter schools served during the reporting
period, including the amount of funds used by
each school, the type of project facilitated by
the grant, and the type of assistance provided
to the charter schools;
``(v) a description of the activities
carried out by the eligible entity to assist
charter schools in meeting the objectives set
forth in subsection (e); and
``(vi) a description of the characteristics
of lenders and other financial institutions
participating in the activities undertaken by
the eligible entity under this section
(excluding subsection (k)) during the reporting
period.
``(C) Secretarial report.--The Secretary shall
review the reports submitted under subparagraph (A) and
shall provide a comprehensive annual report to Congress
on the activities conducted under this section
(excluding subsection (k)).
``(i) No Full Faith and Credit for Grantee Obligation.--No
financial obligation of an eligible entity entered into pursuant to
this section (such as an obligation under a guarantee, bond, note,
evidence of debt, or loan) shall be an obligation of, or guaranteed in
any respect by, the United States. The full faith and credit of the
United States is not pledged to the payment of funds which may be
required to be paid under any obligation made by an eligible entity
pursuant to any provision of this section.
``(j) Recovery of Funds.--
``(1) In general.--The Secretary, in accordance with
chapter 37 of title 31, United States Code, shall collect--
``(A) all of the funds in a reserve account
established by an eligible entity under subsection
(f)(1) if the Secretary determines, not earlier than 2
years after the date on which the eligible entity first
received funds under this section (excluding subsection
(k)), that the eligible entity has failed to make
substantial progress in carrying out the purposes
described in subsection (f)(1); or
``(B) all or a portion of the funds in a reserve
account established by an eligible entity under
subsection (f)(1) if the Secretary determines that the
eligible entity has permanently ceased to use all or a
portion of the funds in such account to accomplish any
purpose described in subsection (f)(1).
``(2) Exercise of authority.--The Secretary shall not
exercise the authority provided in paragraph (1) to collect
from any eligible entity any funds that are being properly used
to achieve one or more of the purposes described in subsection
(f)(1).
``(3) Procedures.--The provisions of sections 451, 452,
and 458 of the General Education Provisions Act (20 U.S.C.
1234, 1234a, and 1234g) shall apply to the recovery of funds
under paragraph (1).
``(4) Construction.--This subsection shall not be construed
to impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act (20
U.S.C. 1234 et seq.).
``(k) Per-Pupil Facilities Aid Program.--
``(1) Definition of per-pupil facilities aid program.--In
this subsection, the term `per-pupil facilities aid program'
means a program in which a State makes payments, on a per-pupil
basis, to charter schools to provide the schools with
financing--
``(A) that is dedicated solely for funding charter
school facilities; or
``(B) a portion of which is dedicated for funding
charter school facilities.
``(2) Grants.--
``(A) In general.--From the amount reserved under
section 3102(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 in the second such year;
``(iii) 60 percent in the third such year;
``(iv) 40 percent in the fourth such year;
and
``(v) 20 percent in the fifth such year.
``(D) State share.--A State receiving a grant under
this subsection may partner with 1 or more
organizations to provide up to 50 percent of the State
share of the cost of establishing or enhancing, and
administering the per-pupil facilities aid program.
``(E) Multiple grants.--A State may receive more
than 1 grant under this subsection, so long as the
amount of such funds provided to charter schools
increases with each successive grant.
``(3) Use of funds.--
``(A) In general.--A State that receives a grant
under this subsection shall use the funds made
available through the grant to establish or enhance,
and administer, a per-pupil facilities aid program for
charter schools in the State of the applicant.
``(B) Evaluations; technical assistance;
dissemination.--From the amount made available to a
State through a grant under this subsection for a
fiscal year, the State may reserve not more than 5
percent to carry out evaluations, to provide technical
assistance, and to disseminate information.
``(C) Supplement, not supplant.--Funds made
available under this subsection shall be used to
supplement, and not supplant, State, and local public
funds expended to provide per pupil facilities aid
programs, operations financing programs, or other
programs, for charter schools.
``(4) Requirements.--
``(A) Voluntary participation.--No State may be
required to participate in a program carried out under
this subsection.
``(B) State law.--
``(i) In general.--Except as provided in
clause (ii), to be eligible to receive a grant
under this subsection, a State shall establish
or enhance, and administer, a per-pupil
facilities aid program for charter schools in
the State, that--
``(I) is specified in State law;
and
``(II) provides annual financing,
on a per-pupil basis, for charter
school facilities.
``(ii) Special rule.--Notwithstanding
clause (i), a State that is required under
State law to provide its charter schools with
access to adequate facility space, but which
does not have a per-pupil facilities aid
program for charter schools specified in State
law, may be eligible to receive a grant under
this subsection if the State agrees to use the
funds to develop a per-pupil facilities aid
program consistent with the requirements of
this subsection.
``(5) Applications.--To be eligible to receive a grant
under this subsection, a State shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``SEC. 3105. NATIONAL ACTIVITIES.
``(a) In General.--From the amount reserved under section
3102(b)(2), the Secretary shall--
``(1) use not less than 50 percent of such funds to award
grants in accordance with subsection (b); and
``(2) use the remainder of such funds to--
``(A) disseminate technical assistance to State
entities in awarding subgrants under section 3103, and
eligible entities and States receiving grants under
section 3104;
``(B) disseminate best practices; and
``(C) evaluate the impact of the charter school
program, including the impact on student achievement,
carried out under this subpart.
``(b) Grants.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to eligible applicants for the purpose of
carrying out the activities described in section 3102(a)(1),
subparagraphs (A) through (C) of section 3103(a)(1), and
section 3103(g).
``(2) Terms and conditions.--Except as otherwise provided
in this subsection, grants awarded under this subsection shall
have the same terms and conditions as grants awarded to State
entities under section 3103.
``(3) Eligible applicant defined.--For purposes of this
subsection, the term `eligible applicant' means an eligible
applicant that desires to open a charter school in--
``(A) a State that did not apply for a grant under
section 3103;
``(B) a State that did not receive a grant under
section 3103; or
``(C) a State that received a grant under section
3103 and is in the 4th or 5th year of the grant period
for such grant.
``(c) Contracts and Grants.--The Secretary may carry out any of the
activities described in this section directly or through grants,
contracts, or cooperative agreements.
``SEC. 3106. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
``(a) In General.--For purposes of the allocation to schools by the
States or their agencies of funds under part A of title I, and any
other Federal funds which the Secretary allocates to States on a
formula basis, the Secretary and each State educational agency shall
take such measures as are necessary to ensure that every charter school
receives the Federal funding for which the charter school is eligible
not later than 5 months after the charter school first opens,
notwithstanding the fact that the identity and characteristics of the
students enrolling in that charter school are not fully and completely
determined until that charter school actually opens. The measures
similarly shall ensure that every charter school expanding its
enrollment in any subsequent year of operation receives the Federal
funding for which the charter school is eligible not later than 5
months after such expansion.
``(b) Adjustment and Late Openings.--
``(1) In general.--The measures described in subsection (a)
shall include provision for appropriate adjustments, through
recovery of funds or reduction of payments for the succeeding
year, in cases where payments made to a charter school on the
basis of estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the basis of
actual or final enrollment data.
``(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in accordance with
guidance provided by the Secretary and applicable Federal
statutes and regulations, shall ensure that such charter
schools that are eligible for the funds described in subsection
(a) for such academic year have a full and fair opportunity to
receive those funds during the charter schools' first year of
operation.
``SEC. 3107. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
``To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly involved in
the operation of charter schools are consulted in the development of
any rules, regulations, or nonregulatory guidance required to implement
this subpart, as well as in the development of any rules, regulations,
or nonregulatory guidance relevant to charter schools that are required
to implement part A of title I, the Individuals with Disabilities
Education Act, or any other program administered by the Secretary that
provides education funds to charter schools or regulates the activities
of charter schools.
``SEC. 3108. RECORDS TRANSFER.
``State educational agencies and local educational agencies, as
quickly as possible and to the extent practicable, shall ensure that a
student's records and, if applicable, a student's individualized
education program as defined in section 602(14) of the Individuals with
Disabilities Education Act, are transferred to a charter school upon
the transfer of the student to the charter school, and to another
public school upon the transfer of the student from a charter school to
another public school, in accordance with applicable State law.
``SEC. 3109. PAPERWORK REDUCTION.
``To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of this
subpart results in a minimum of paperwork for any eligible applicant or
charter school.
``SEC. 3110. DEFINITIONS.
``In this subpart:
``(1) Authorized public chartering agency.--The term
`authorized public chartering agency' means a State educational
agency, local educational agency, or other public entity that
has the authority pursuant to State law and approved by the
Secretary to authorize or approve a charter school.
``(2) Charter support organization.--The term `charter
support organization' means a nonprofit, nongovernmental entity
that provides, on a statewide or regional basis--
``(A) assistance to developers during the planning,
program design, and initial implementation of a charter
school; and
``(B) technical assistance to operate charter
schools.
``(3) Developer.--The term `developer' means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or other
members of the local community in which a charter school
project will be carried out.
``(4) Eligible applicant.--The term `eligible applicant'
means a developer that has--
``(A) applied to an authorized public chartering
authority to operate a charter school; and
``(B) provided adequate and timely notice to that
authority.
``(5) Expansion of a high-quality charter school.--The term
`expansion of a high-quality charter school' means to
significantly increase the enrollment of, or add one or more
grades to, a high-quality charter school.
``(6) High-quality charter school.--The term `high-quality
charter school' means a charter school that--
``(A) shows evidence of strong academic results,
which may include strong academic growth as determined
by a State;
``(B) has no significant issues in the areas of
student safety, financial management, or statutory or
regulatory compliance;
``(C) has demonstrated success in significantly
increasing student academic achievement and attainment
for all students served by the charter school; and
``(D) has demonstrated success in increasing
student academic achievement for the groups of students
described in section 1111(b)(3)(B)(ii)(II), except that
such demonstration is not required in a case in which
the number of students in a group is insufficient to
yield statistically reliable information or the results
would reveal personally identifiable information about
an individual student.
``(7) Replicable, high-quality charter school model.--The
term `replicable, high-quality charter school model' means a
high-quality charter school that has the capability of opening
another such charter school under an existing charter.
``Subpart 2--Magnet School Assistance
``SEC. 3121. PURPOSE.
``The purpose of this subpart is to assist in the desegregation of
schools served by local educational agencies by providing financial
assistance to eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of minority students, which shall
include assisting in the efforts of the United States to
achieve voluntary desegregation in public schools;
``(2) the development and implementation of magnet school
programs that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet State academic standards;
``(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary schools and public secondary
schools and public educational programs;
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the attainment of tangible and marketable career,
technical, and professional skills of students attending such
schools;
``(5) improving the ability of local educational agencies,
including through professional development, to continue
operating magnet schools at a high performance level after
Federal funding for the magnet schools is terminated; and
``(6) ensuring that students enrolled in the magnet school
programs have equitable access to a quality education that will
enable the students to succeed academically and continue with
postsecondary education or employment.
``SEC. 3122. DEFINITION.
``For the purpose of this subpart, the term `magnet school' means a
public elementary school, public secondary school, public elementary
education center, or public secondary education center that offers a
special curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
``SEC. 3123. PROGRAM AUTHORIZED.
``From the amount appropriated under section 3(c)(1)(B), the
Secretary, in accordance with this subpart, is authorized to award
grants to eligible local educational agencies, and consortia of such
agencies where appropriate, to carry out the purpose of this subpart
for magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 3124. ELIGIBILITY.
``A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive a grant under this subpart to carry
out the purpose of this subpart if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-
group-segregated children or faculty in the elementary schools
and secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if a grant is awarded to such
local educational agency, or consortium of such agencies, under
this subpart, adopt and implement a plan that has been approved
by the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-segregated
children or faculty in such schools.
``SEC. 3125. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under this
subpart shall submit an application to the Secretary at such time and
in such manner as the Secretary may reasonably require.
``(b) Information and Assurances.--Each application submitted under
subsection (a) shall include--
``(1) a description of--
``(A) how a grant awarded under this subpart will
be used to promote desegregation, including how the
proposed magnet school programs will increase
interaction among students of different social,
economic, ethnic, and racial backgrounds;
``(B) the manner and extent to which the magnet
school program will increase student academic
achievement in the instructional area or areas offered
by the school;
``(C) how the applicant will continue the magnet
school program after assistance under this subpart is
no longer available, and, if applicable, an explanation
of why magnet schools established or supported by the
applicant with grant funds under this subpart cannot be
continued without the use of grant funds under this
subpart;
``(D) how grant funds under this subpart will be
used--
``(i) to improve student academic
achievement for all students attending the
magnet school programs; and
``(ii) to implement services and activities
that are consistent with other programs under
this Act, and other Acts, as appropriate; and
``(E) the criteria to be used in selecting students
to attend the proposed magnet school program; and
``(2) assurances that the applicant will--
``(A) use grant funds under this subpart for the
purposes specified in section 3121;
``(B) employ effective teachers in the courses of
instruction assisted under this subpart;
``(C) not engage in discrimination based on race,
religion, color, national origin, sex, or disability
in--
``(i) the hiring, promotion, or assignment
of employees of the applicant or other
personnel for whom the applicant has any
administrative responsibility;
``(ii) the assignment of students to
schools, or to courses of instruction within
the schools, of such applicant, except to carry
out the approved plan; and
``(iii) designing or operating
extracurricular activities for students;
``(D) carry out a quality education program that
will encourage greater parental decisionmaking and
involvement; and
``(E) give students residing in the local
attendance area of the proposed magnet school program
equitable consideration for placement in the program,
consistent with desegregation guidelines and the
capacity of the applicant to accommodate the students.
``(c) Special Rule.--No grant shall be awarded under this subpart
unless the Assistant Secretary of Education for Civil Rights determines
that the assurances described in subsection (b)(2)(C) will be met.
``SEC. 3126. PRIORITY.
``In awarding grants under this subpart, the Secretary shall give
priority to applicants that--
``(1) demonstrate the greatest need for assistance, based
on the expense or difficulty of effectively carrying out
approved desegregation plans and the magnet school program for
which the grant is sought;
``(2) propose to carry out new magnet school programs, or
significantly revise existing magnet school programs;
``(3) propose to select students to attend magnet school
programs by methods such as lottery, rather than through
academic examination; and
``(4) propose to serve the entire student population of a
school.
``SEC. 3127. USE OF FUNDS.
``(a) In General.--Grant funds made available under this subpart
may be used by an eligible local educational agency, or consortium of
such agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at magnet
schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers, necessary to
conduct programs in magnet schools;
``(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers, and instructional staff where applicable, who are
necessary to conduct programs in magnet schools;
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special
curriculum that is offered by the magnet school program
to students who are enrolled in the school but who are
not enrolled in the magnet school program; and
``(B) further the purpose of this subpart;
``(5) for activities, which may include professional
development, that will build the recipient's capacity to
operate magnet school programs once the grant period has ended;
``(6) to enable the local educational agency, or consortium
of such agencies, to have more flexibility in the
administration of a magnet school program in order to serve
students attending a school who are not enrolled in a magnet
school program; and
``(7) to enable the local educational agency, or consortium
of such agencies, to have flexibility in designing magnet
schools for students in all grades.
``(b) Special Rule.--Grant funds under this subpart may be used for
activities described in paragraphs (2) and (3) of subsection (a) only
if the activities are directly related to improving student academic
achievement based on the State's academic standards or directly related
to improving student reading skills or knowledge of mathematics,
science, history, geography, English, foreign languages, art, or music,
or to improving career, technical, and professional skills.
``SEC. 3128. LIMITATIONS.
``(a) Duration of Awards.--A grant under this subpart shall be
awarded for a period that shall not exceed 3 fiscal years.
``(b) Limitation on Planning Funds.--A local educational agency, or
consortium of such agencies, may expend for planning (professional
development shall not be considered to be planning for purposes of this
subsection) not more than 50 percent of the grant funds received under
this subpart for the first year of the program and not more than 15
percent of such funds for each of the second and third such years.
``(c) Amount.--No local educational agency, or consortium of such
agencies, awarded a grant under this subpart shall receive more than
$4,000,000 under this subpart for any 1 fiscal year.
``(d) Timing.--To the extent practicable, the Secretary shall award
grants for any fiscal year under this subpart not later than July 1 of
the applicable fiscal year.
``SEC. 3129. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 3(c)(1)(B) for any
fiscal year to carry out evaluations, provide technical assistance, and
carry out dissemination projects with respect to magnet school programs
assisted under this subpart.
``(b) Contents.--Each evaluation described in subsection (a), at a
minimum, shall address--
``(1) how and the extent to which magnet school programs
lead to educational quality and academic improvement;
``(2) the extent to which magnet school programs enhance
student access to a quality education;
``(3) the extent to which magnet school programs lead to
the elimination, reduction, or prevention of minority group
isolation in elementary schools and secondary schools with
substantial proportions of minority students; and
``(4) the extent to which magnet school programs differ
from other school programs in terms of the organizational
characteristics and resource allocations of such magnet school
programs.
``(c) Dissemination.--The Secretary shall collect and disseminate
to the general public information on successful magnet school programs.
``SEC. 3130. RESERVATION.
``In any fiscal year for which the amount appropriated under
section 3(c)(1)(B) exceeds $75,000,000, the Secretary shall give
priority in using such amounts in excess of $75,000,000 to awarding
grants to local educational agencies or consortia of such agencies that
did not receive a grant under this subpart in the preceding fiscal
year.
``Subpart 3--Family Engagement in Education Programs
``SEC. 3141. PURPOSES.
``The purposes of this subpart are the following:
``(1) To provide financial support to organizations to
provide technical assistance and training to State and local
educational agencies in the implementation and enhancement of
systemic and effective family engagement policies, programs,
and activities that lead to improvements in student development
and academic achievement.
``(2) To assist State educational agencies, local
educational agencies, community-based organizations, schools,
and educators in strengthening partnerships among parents,
teachers, school leaders, administrators, and other school
personnel in meeting the educational needs of children and
fostering greater parental engagement.
``(3) To support State educational agencies, local
educational agencies, schools, educators, and parents in
developing and strengthening the relationship between parents
and their children's school in order to further the
developmental progress of children.
``(4) To coordinate activities funded under this subpart
with parent involvement initiatives funded under section 1118
and other provisions of this Act.
``(5) To assist the Secretary, State educational agencies,
and local educational agencies in the coordination and
integration of Federal, State, and local services and programs
to engage families in education.
``SEC. 3142. GRANTS AUTHORIZED.
``(a) Statewide Family Engagement Centers.--From the amount
appropriated under section 3(c)(1)(C), the Secretary is authorized to
award grants for each fiscal year to statewide organizations (or
consortia of such organizations), to establish Statewide Family
Engagement Centers that provide comprehensive training and technical
assistance to State educational agencies, local educational agencies,
schools identified by State educational agencies and local educational
agencies, organizations that support family-school partnerships, and
other organizations that carry out, or carry out directly, parent
education and family engagement in education programs.
``(b) Minimum Award.--In awarding grants under this section, the
Secretary shall, to the extent practicable, ensure that a grant is
awarded for a Statewide Family Engagement Center in an amount not less
than $500,000.
``SEC. 3143. APPLICATIONS.
``(a) Submissions.--Each statewide organization, or a consortium of
such organizations, that desires a grant under this subpart shall
submit an application to the Secretary at such time, in such manner,
and including the information described in subsection (b).
``(b) Contents.--Each application submitted under subsection (a)
shall include, at a minimum, the following:
``(1) A description of the applicant's approach to family
engagement in education.
``(2) A description of the support that the Statewide
Family Engagement Center that will be operated by the applicant
will have from the State educational agency and any partner
organization outlining the commitment to work with the center.
``(3) A description of the applicant's plan for building a
statewide infrastructure for family engagement in education,
that includes--
``(A) management and governance;
``(B) statewide leadership; or
``(C) systemic services for family engagement in
education.
``(4) A description of the applicant's demonstrated
experience in providing training, information, and support to
State educational agencies, local educational agencies,
schools, educators, parents, and organizations on family
engagement in education policies and practices that are
effective for parents (including low-income parents) and
families, English learners, minorities, parents of students
with disabilities, parents of homeless students, foster parents
and students, and parents of migratory students, including
evaluation results, reporting, or other data exhibiting such
demonstrated experience.
``(5) A description of the steps the applicant will take to
target services to low-income students and parents.
``(6) An assurance that the applicant will--
``(A) establish a special advisory committee, the
membership of which includes--
``(i) parents, who shall constitute a
majority of the members of the special advisory
committee;
``(ii) representatives of education
professionals with expertise in improving
services for disadvantaged children;
``(iii) representatives of local elementary
schools and secondary schools, including
students;
``(iv) representatives of the business
community; and
``(v) representatives of State educational
agencies and local educational agencies;
``(B) use not less than 65 percent of the funds
received under this subpart in each fiscal year to
serve local educational agencies, schools, and
community-based organizations that serve high
concentrations of disadvantaged students, including
English learners, minorities, parents of students with
disabilities, parents of homeless students, foster
parents and students, and parents of migratory
students;
``(C) operate a Statewide Family Engagement Center
of sufficient size, scope, and quality to ensure that
the Center is adequate to serve the State educational
agency, local educational agencies, and community-based
organizations;
``(D) ensure that the Center will retain staff with
the requisite training and experience to serve parents
in the State;
``(E) serve urban, suburban, and rural local
educational agencies and schools;
``(F) work with--
``(i) other Statewide Family Engagement
Centers assisted under this subpart; and
``(ii) parent training and information
centers and community parent resource centers
assisted under sections 671 and 672 of the
Individuals with Disabilities Education Act;
``(G) use not less than 30 percent of the funds
received under this subpart for each fiscal year to
establish or expand technical assistance for evidence-
based parent education programs;
``(H) provide assistance to State educational
agencies and local educational agencies and community-
based organizations that support family members in
supporting student academic achievement;
``(I) work with State educational agencies, local
educational agencies, schools, educators, and parents
to determine parental needs and the best means for
delivery of services to address such needs;
``(J) conduct sufficient outreach to assist
parents, including parents who the applicant may have a
difficult time engaging with a school or local
educational agency; and
``(K) conduct outreach to low-income students and
parents, including low-income students and parents who
are not proficient in English.
``SEC. 3144. USES OF FUNDS.
``(a) In General.--Grantees shall use grant funds received under
this subpart, based on the needs determined under section
3143(b)(5)(I), to provide training and technical assistance to State
educational agencies, local educational agencies, and organizations
that support family-school partnerships, and activities, services, and
training for local educational agencies, school leaders, educators, and
parents--
``(1) to assist parents in participating effectively in
their children's education and to help their children meet
State standards, such as assisting parents--
``(A) to engage in activities that will improve
student academic achievement, including understanding
how they can support learning in the classroom with
activities at home and in afterschool and
extracurricular programs;
``(B) to communicate effectively with their
children, teachers, school leaders, counselors,
administrators, and other school personnel;
``(C) to become active participants in the
development, implementation, and review of school-
parent compacts, family engagement in education
policies, and school planning and improvement;
``(D) to participate in the design and provision of
assistance to students who are not making academic
progress;
``(E) to participate in State and local
decisionmaking;
``(F) to train other parents; and
``(G) to help the parents learn and use technology
applied in their children's education;
``(2) to develop and implement, in partnership with the
State educational agency, statewide family engagement in
education policy and systemic initiatives that will provide for
a continuum of services to remove barriers for family
engagement in education and support school reform efforts; and
``(3) to develop and implement parental involvement
policies under this Act.
``(b) Matching Funds for Grant Renewal.--For each fiscal year after
the first fiscal year for which an organization or consortium receives
assistance under this section, the organization or consortium shall
demonstrate in the application that a portion of the services provided
by the organization or consortium is supported through non-Federal
contributions, which may be in cash or in-kind.
``(c) Technical Assistance.--The Secretary shall reserve not more
than 2 percent of the funds appropriated under section 3(c)(1)(C) to
carry out this subpart to provide technical assistance, by competitive
grant or contract, for the establishment, development, and coordination
of Statewide Family Engagement Centers.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit a Statewide Family Engagement Center from--
``(1) having its employees or agents meet with a parent at
a site that is not on school grounds; or
``(2) working with another agency that serves children.
``(e) Parental Rights.--Notwithstanding any other provision of this
section--
``(1) no person (including a parent who educates a child at
home, a public school parent, or a private school parent) shall
be required to participate in any program of parent education
or developmental screening under this section; and
``(2) no program or center assisted under this section
shall take any action that infringes in any manner on the right
of a parent to direct the education of their children.
``SEC. 3145. FAMILY ENGAGEMENT IN INDIAN SCHOOLS.
``The Secretary of the Interior, in consultation with the Secretary
of Education, shall establish, or enter into contracts and cooperative
agreements with local Indian nonprofit parent organizations to
establish and operate Family Engagement Centers.
``PART B--LOCAL ACADEMIC FLEXIBLE GRANT
``SEC. 3201. PURPOSE.
``The purpose of this part is to--
``(1) provide local educational agencies with the
opportunity to access funds to support the initiatives
important to their schools and students to improve academic
achievement, including protecting student safety; and
``(2) provide nonprofit and for-profit entities the
opportunity to work with students to improve academic
achievement, including student safety.
``SEC. 3202. ALLOTMENTS TO STATES.
``(a) Reservations.--From the funds appropriated under section
3(c)(2) for any fiscal year, the Secretary shall reserve--
``(1) not more than one-half of 1 percent for national
activities to provide technical assistance to eligible entities
in carrying out programs under this part; and
``(2) not more than one-half of 1 percent for payments to
the outlying areas and the Bureau of Indian Education, to be
allotted in accordance with their respective needs for
assistance under this part, as determined by the Secretary, to
enable the outlying areas and the Bureau to carry out the
purpose of this part.
``(b) State Allotments.--
``(1) Determination.--From the funds appropriated under
section 3(c)(2) for any fiscal year and remaining after the
Secretary makes reservations under subsection (a), the
Secretary shall allot to each State for the fiscal year an
amount that bears the same relationship to the remainder as the
amount the State received under chapter B of subpart 1 of part
A of title I for the preceding fiscal year bears to the amount
all States received under that chapter for the preceding fiscal
year, except that no State shall receive less than an amount
equal to one-half of 1 percent of the total amount made
available to all States under this subsection.
``(2) Reallotment of unused funds.--If a State does not
receive an allotment under this part for a fiscal year, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
``(c) State Use of Funds.--
``(1) In general.--Each State that receives an allotment
under this part shall reserve not less than 75 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for awards to eligible entities under section 3204.
``(2) Awards to nongovernmental entities to improve student
academic achievement.--Each State that receives an allotment
under subsection (b) for each fiscal year shall reserve not
less than 10 percent of the amount allotted to the State for
awards to nongovernmental entities under section 3205.
``(3) State activities and state administration.--A State
educational agency may reserve not more than 15 percent of the
amount allotted to the State under subsection (b) for each
fiscal year for the following:
``(A) Enabling the State educational agency--
``(i) to pay the costs of developing the
State assessments and standards required under
section 1111(b), which may include the costs of
working, at the sole discretion of the State,
in voluntary partnerships with other States to
develop such assessments and standards; or
``(ii) if the State has developed the
assessments and standards required under
section 1111(b), to administer those
assessments or carry out other activities
related to ensuring that the State's schools
and local educational agencies are helping
students meet the State's academic standards
under such section.
``(B) The administrative costs of carrying out its
responsibilities under this part, except that not more
than 5 percent of the reserved amount may be used for
this purpose.
``(C) Monitoring and evaluation of programs and
activities assisted under this part.
``(D) Providing training and technical assistance
under this part.
``(E) Statewide academic focused programs.
``(F) Sharing evidence-based and other effective
strategies with eligible entities.
``SEC. 3203. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
3202 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 reserved for State-level activities, including how, if
any, of the funds will be used to support student safety;
``(3) describes the procedures and criteria the State
educational agency will use for reviewing applications and
awarding funds to eligible entities on a competitive basis,
which shall include reviewing how the proposed project will
help increase student academic achievement;
``(4) describes how the State educational agency will
ensure that awards made under this part are--
``(A) of sufficient size and scope to support high-
quality, effective programs that are consistent with
the purpose of this part; and
``(B) in amounts that are consistent with section
3204(f);
``(5) describes the steps the State educational agency will
take to ensure that programs implement effective strategies,
including providing ongoing technical assistance and training,
and dissemination of evidence-based and other effective
strategies;
``(6) describes how the State educational agency will
consider students across all grades when making these awards;
``(7) an assurance that, other than providing technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision-making process of
eligible entities as to the expenditure of funds received by
the eligible entities under this part;
``(8) describes how programs under this part will be
coordinated with programs under this Act, and other programs as
appropriate;
``(9) contains an assurance that the State educational
agency--
``(A) will make awards for programs for a period of
not more than 5 years; and
``(B) will require each eligible entity seeking
such an award to submit a plan describing how the
project to be funded through the award will continue
after funding under this part ends, if applicable;
``(10) contains an assurance that funds appropriated to
carry out this part will be used to supplement, and not
supplant, State and local public funds expended to provide
programs and activities authorized under this part and other
similar programs; and
``(11) an assurance that the State will support projects
from each of the categories listed in section 3204(b)(1)(D) in
awarding subgrants to local educational agencies.
``(b) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed to be
approved by the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 120-day period beginning
on the date on which the Secretary received the application, that the
application is not in compliance with this part.
``(c) Disapproval.--The Secretary shall not finally disapprove the
application, except after giving the State educational agency notice
and an opportunity for a hearing.
``(d) Notification.--If the Secretary finds that the application is
not in compliance, in whole or in part, with this part, the Secretary
shall--
``(1) give the State educational agency notice and an
opportunity for a hearing; and
``(2) notify the State educational agency of the finding of
noncompliance, and, in such notification, shall--
``(A) cite the specific provisions in the
application that are not in compliance; and
``(B) request additional information, only as to
the noncompliant provisions, needed to make the
application compliant.
``(e) Response.--If the State educational agency responds to the
Secretary's notification described in subsection (d)(2) during the 45-
day period beginning on the date on which the agency received the
notification, and resubmits the application with the requested
information described in subsection (d)(2)(B), the Secretary shall
approve or disapprove such application prior to the later of--
``(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
``(2) the expiration of the 120-day period described in
subsection (b).
``(f) Failure To Respond.--If the State educational agency does not
respond to the Secretary's notification described in subsection (d)(2)
during the 45-day period beginning on the date on which the agency
received the notification, such application shall be deemed to be
disapproved.
``(g) Rule of Construction.--An application submitted by a State
educational agency pursuant to subsection (a) shall not be approved or
disapproved based upon the activities for which the agency may make
funds available to eligible entities under section 3204 if the agency's
use of funds is consistent with section 3204(b).
``SEC. 3204. LOCAL COMPETITIVE GRANT PROGRAM.
``(a) In General.--A State that receives funds under this part for
a fiscal year shall provide the amount made available under section
3202(c)(1) to eligible entities in accordance with this section.
``(b) Use of Funds.--
``(1) In general.--An eligible entity that receives an
award under this part shall use the funds for activities that--
``(A) are evidence-based;
``(B) will improve student academic achievement;
``(C) are allowable under State law; and
``(D) focus on one or more projects from the
following two categories:
``(i) Supplemental student support
activities such as before, after, or summer
school activities, tutoring, and expanded
learning time, but not including athletics or
in-school learning activities.
``(ii) Activities designed to support
students, such as academic subject specific
programs (including computer science and other
science, technology, engineering, and
mathematics programs), including civic
education, adjunct teacher programs, extended
learning time programs, dual enrollment
programs, and parent engagement, but not
including activities to--
``(I) support smaller class sizes
or construction; or
``(II) provide compensation or
benefits to teachers, school leaders,
other school officials, or local
educational agency staff.
``(2) Participation of children enrolled in private
schools.--An eligible entity that receives an award under this
part shall ensure compliance with section 5501 (relating to
participation of children enrolled in private schools).
``(c) Application.--
``(1) In general.--To be eligible to receive an award under
this part, an eligible entity shall submit an application to
the State educational agency at such time, in such manner, and
including such information as the State educational agency may
reasonably require, including the contents required by
paragraph (2).
``(2) Contents.--Each application submitted under paragraph
(1) shall include--
``(A) a description of the activities to be funded
and how they are consistent with subsection (b),
including any activities that will increase student
safety;
``(B) an assurance that funds under this part will
be used to increase the level of State, local, and
other non-Federal funds that would, in the absence of
funds under this part, be made available for programs
and activities authorized under this part, and in no
case supplant State, local, or non-Federal funds;
``(C) an assurance that the community will be given
notice of an intent to submit an application with an
opportunity for comment, and that the application will
be available for public review after submission of the
application; and
``(D) an assurance that students who benefit from
any activity funded under this part shall continue to
maintain enrollment in a public elementary or secondary
school.
``(d) Review.--In reviewing local applications under this section,
a State educational agency shall use a peer review process or other
methods of assuring the quality of such applications but the review
shall be limited to the likelihood that the project will increase
student academic achievement.
``(e) Geographic Diversity.--A State educational agency shall
distribute funds under this part equitably among geographic areas
within the State, including rural, suburban, and urban communities.
``(f) Award.--A grant shall be awarded to all eligible entities
that submit an application that meets the requirements of this section
in an amount that is not less than $10,000, but there shall be only one
award granted to any one local educational agency, but such award may
be for multiple projects or programs with the local educational agency.
``(g) Duration of Awards.--Grants under this part may be awarded
for a period of not more than 5 years.
``(h) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) a local educational agency in partnership with a
community-based organization, business entity, or
nongovernmental entity;
``(2) a consortium of local educational agencies working in
partnership with a community-based organization, business
entity, or nongovernmental entity;
``(3) a community-based organization in partnership with a
local educational agency and, if applicable, a business entity
or nongovernmental entity; or
``(4) a business entity in partnership with a local
educational agency and, if applicable, a community-based
organization or nongovernmental entity.
``SEC. 3205. AWARDS TO NONGOVERNMENTAL ENTITIES TO IMPROVE ACADEMIC
ACHIEVEMENT.
``(a) In General.--From the amount reserved under section
3202(c)(2), a State educational agency shall award grants to
nongovernmental entities, including public or private organizations,
community-based or faith-based organizations, and business entities for
a program or project to increase the academic achievement of public
school students attending public elementary or secondary schools (or
both) in compliance with the requirements in this section. Subject to
the availability of funds, the State educational agency shall award a
grant to each eligible applicant that meets the requirements in a
sufficient size and scope to support the program.
``(b) Application.--The State educational agency shall require an
application that includes the following information:
``(1) A description of the program or project the applicant
will use the funds to support.
``(2) A description of how the applicant is using or will
use other State, local, or private funding to support the
program or project.
``(3) A description of how the program or project will help
increase student academic achievement, including the evidence
to support this claim.
``(4) A description of the student population the program
or project is targeting to impact, and if the program will
prioritize students in high-need local educational agencies.
``(5) A description of how the applicant will conduct
sufficient outreach to ensure students can participate in the
program or project.
``(6) A description of any partnerships the applicant has
entered into with local educational agencies or other entities
the applicant will work with, if applicable.
``(7) A description of how the applicant will work to share
evidence-based and other effective strategies from the program
or project with local educational agencies and other entities
working with students to increase academic achievement.
``(8) An assurance that students who benefit from any
program or project funded under this section shall continue to
maintain enrollment in a public elementary or secondary school.
``(c) Matching Contribution.--An eligible applicant receiving a
grant under this section shall provide, either directly or through
private contributions, non-Federal matching funds equal to not less
than 50 percent of the amount of the grant.
``(d) Review.--The State educational agency shall review the
application to ensure that--
``(1) the applicant is an eligible applicant;
``(2) the application clearly describes the required
elements in subsection (b);
``(3) the entity meets the matching requirement described
in subsection (c); and
``(4) the program is allowable and complies with Federal,
State, and local laws.
``(e) Distribution of Funds.--If the application requests exceed
the funds available, the State educational agency shall prioritize
projects that support students in high-need local educational agencies
and ensure geographic diversity, including serving rural, suburban, and
urban areas.
``(f) Administrative Costs.--Not more than 1 percent of a grant
awarded under this section may be used for administrative costs.
``SEC. 3206. REPORT.
``Each recipient of a grant under section 3204 or 3205 shall report
to the State educational agency on--
``(1) the success of the program in reaching the goals of
the program;
``(2) a description of the students served by the program
and how the students' academic achievement improved; and
``(3) the results of any evaluation conducted on the
success of the program.''.
TITLE IV--IMPACT AID
SEC. 401. PURPOSE.
Section 8001 (20 U.S.C. 7701) is amended by striking ``challenging
State standards'' and inserting ``State academic standards''.
SEC. 402. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
Section 8002 (20 U.S.C. 7702) is amended--
(1) in subsection (a)(1)(C), by amending the matter
preceding clause (i) to read as follows:
``(C) had an assessed value according to original
records (including facsimiles or other reproductions of
those records) documenting the assessed value of such
property (determined as of the time or times when so
acquired) prepared by the local officials referred to
in subsection (b)(3) or, when such original records are
not available due to unintentional destruction (such as
natural disaster, fire, flooding, pest infestation, or
deterioration due to age), other records, including
Federal agency records, local historical records, or
other records that the Secretary determines to be
appropriate and reliable, aggregating 10 percent or
more of the assessed value of--''.
(2) in subsection (b)(1)(B), by striking ``section
8014(a)'' and inserting ``section 3(d)(1)''; and
(3) by amending subsection (f) to read as follows:
``(f) Special Rule.--Beginning with fiscal year 2014, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if records to determine eligibility under such
subsection were destroyed prior to fiscal year 2000 and the agency
received funds under subsection (b) in the previous year.'';
(4) by amending subsection (g) to read as follows:
``(g) Former Districts.--
``(1) Consolidations.--For fiscal year 2006 and each
succeeding fiscal year, if a local educational agency described
in paragraph (2) is formed at any time after 1938 by the
consolidation of two or more former school districts, the local
educational agency may elect to have the Secretary determine
its eligibility and any amount for which the local educational
agency is eligible under this section for such fiscal year on
the basis of one or more of those former districts, as
designated by the local educational agency.
``(2) Eligible local educational agencies.--A local
educational agency described in this paragraph is--
``(A) any local educational agency that, for fiscal
year 1994 or any preceding fiscal year, applied for,
and was determined to be eligible under section 2(c) of
the Act of September 30, 1950 (Public Law 874, 81st
Congress) as that section was in effect for that fiscal
year; or
``(B) a local educational agency formed by the
consolidation of 2 or more school districts, at least
one of which was eligible for assistance under this
section for the fiscal year preceding the year of the
consolidation, if--
``(i) for fiscal years 2006 through 2013,
the local educational agency notifies the
Secretary not later than 30 days after the date
of enactment of the Student Success Act of the
designation described in paragraph (1); and
``(ii) for fiscal year 2014, and each
subsequent fiscal year, the local educational
agency includes the designation in its
application under section 8005 or any timely
amendment to such application.
``(3) Availability of funds.--Notwithstanding any other
provision of law limiting the period during which the Secretary
may obligate funds appropriated for any fiscal year after
fiscal year 2005, the Secretary may obligate funds remaining
after final payments have been made for any of such fiscal
years to carry out this subsection.'';
(5) in subsection (h)--
(A) in paragraph (2)--
(i) in subparagraph (C)(ii), by striking
``section 8014(a)'' and inserting ``section
3(d)(1)''; and
(ii) in subparagraph (D), by striking
``section 8014(a)'' and inserting ``section
3(d)(1)''; and
(B) in paragraph (4), by striking ``Impact Aid
Improvement Act of 2012'' and inserting ``Student
Success Act'';
(6) by repealing subsections (k) and (m);
(7) by redesignating subsection (l) as subsection (j);
(8) by amending subsection (j) (as so redesignated) by
striking ``(h)(4)(B)'' and inserting ``(h)(2)''; and
(9) by redesignating subsection (n) as subsection (k).
SEC. 403. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) Computation of Payment.--Section 8003(a) (20 U.S.C. 7703(a)) is
amended--
(1) in the matter preceding subparagraph (A) of paragraph
(1), by inserting after ``schools of such agency'' the
following: ``(including those children enrolled in such agency
as a result of the open enrollment policy of the State in which
the agency is located, but not including children who are
enrolled in a distance education program at such agency and who
are not residing within the geographic boundaries of such
agency)''; and
(2) in paragraph (5)(A), by striking ``1984'' and all that
follows through ``situated'' and inserting ``1984, or under
lease of off-base property under subchapter IV of chapter 169
of title 10, United States Code, to be children described under
paragraph (1)(B) if the property described is within the fenced
security perimeter of the military facility or attached to and
under any type of force protection agreement with the military
installation upon which such housing is situated''.
(b) Basic Support Payments for Heavily Impacted Local Educational
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
(1) by striking ``section 8014(b)'' each place it appears
and inserting ``section 3(d)(2)'';
(2) in paragraph (1), by repealing subparagraph (E);
(3) in paragraph (2)--
(A) in subparagraph (A), by inserting at the end
the following:
``(iii) The Secretary shall--
``(I) deem each local educational agency
that received a basic support payment under
this paragraph for fiscal year 2009 as eligible
to receive a basic support payment under this
paragraph for fiscal years 2012 and 2013; and
``(II) make a payment to each such local
educational agency under this paragraph for
fiscal years 2012 and 2013.''; and
(B) in subparagraph (B)--
(i) by striking ``continuing'' in the
heading;
(ii) by amending clause (i) to read as
follows:
``(i) In general.--A heavily impacted local
educational agency is eligible to receive a
basic support payment under subparagraph (A)
with respect to a number of children determined
under subsection (a)(1) if the agency--
``(I) is a local educational
agency--
``(aa) whose boundaries are
the same as a Federal military
installation or an island
property designated by the
Secretary of the Interior to be
property that is held in trust
by the Federal Government; and
``(bb) that has no taxing
authority;
``(II) is a local educational
agency that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 45
percent;
``(bb) has a per-pupil
expenditure that is less than--
``(AA) for an
agency that has a total
student enrollment of
500 or more students,
125 percent of the
average per-pupil
expenditure of the
State in which the
agency is located; or
``(BB) for any
agency that has a total
student enrollment less
than 500, 150 percent
of the average per-
pupil expenditure of
the State in which the
agency is located or
the average per-pupil
expenditure of 3 or
more comparable local
educational agencies in
the State in which the
agency is located; and
``(cc) is an agency that--
``(AA) has a tax
rate for general fund
purposes that is not
less than 95 percent of
the average tax rate
for general fund
purposes of comparable
local educational
agencies in the State;
or
``(BB) was eligible
to receive a payment
under this subsection
for fiscal year 2013
and is located in a
State that by State law
has eliminated ad
valorem tax as a
revenue for local
educational agencies;
``(III) is a local educational
agency that--
``(aa) has an enrollment of
children described in
subsection (a)(1) that
constitutes a percentage of the
total student enrollment of the
agency that is not less than 20
percent;
``(bb) for the 3 fiscal
years preceding the fiscal year
for which the determination is
made, the average enrollment of
children who are not described
in subsection (a)(1) and who
are eligible for a free or
reduced price lunch under the
Richard B. Russell National
School Lunch Act constitutes a
percentage of the total student
enrollment of the agency that
is not less than 65 percent;
and
``(cc) has a tax rate for
general fund purposes which is
not less than 125 percent of
the average tax rate for
general fund purposes for
comparable local educational
agencies in the State;
``(IV) is a local educational
agency that has a total student
enrollment of not less than 25,000
students, of which--
``(aa) not less than 50
percent are children described
in subsection (a)(1); and
``(bb) not less than 5,500
of such children are children
described in subparagraphs (A)
and (B) of subsection (a)(1);
or
``(V) is a local educational agency
that--
``(aa) has an enrollment of
children described in
subsection (a)(1) including,
for purposes of determining
eligibility, those children
described in subparagraphs (F)
and (G) of such subsection,
that is not less than 35
percent of the total student
enrollment of the agency; and
``(bb) was eligible to
receive assistance under
subparagraph (A) for fiscal
year 2001.''; and
(iii) in clause (ii)--
(I) by striking ``A heavily'' and
inserting the following:
``(I) In general.--Subject to
subclause (II), a heavily''; and
(II) by adding at the end the
following:
``(II) Loss of eligibility due to
falling below 95 percent of the average
tax rate for general fund purposes.--In
a case of a heavily impacted local
educational agency that is eligible to
receive a basic support payment under
subparagraph (A), but that has had, for
2 consecutive fiscal years, a tax rate
for general fund purposes that falls
below 95 percent of the average tax
rate for general fund purposes of
comparable local educational agencies
in the State, such agency shall be
determined to be ineligible under
clause (i) and ineligible to receive a
basic support payment under
subparagraph (A) for each fiscal year
succeeding such 2 consecutive fiscal
years for which the agency has such a
tax rate for general fund purposes, and
until the fiscal year for which the
agency resumes such eligibility in
accordance with clause (iii).'';
(C) by striking subparagraph (C);
(D) by redesignating subparagraphs (D) through (H)
as subparagraphs (C) through (G), respectively;
(E) in subparagraph (C) (as so redesignated)--
(i) in the heading, by striking
``regular'';
(ii) by striking ``Except as provided in
subparagraph (E)'' and inserting ``Except as
provided in subparagraph (D)'';
(iii) by amending subclause (I) of clause
(ii) to read as follows: `` (I)(aa) For a local
educational agency with respect to which 35
percent or more of the total student enrollment
of the schools of the agency are children
described in subparagraph (D) or (E) (or a
combination thereof) of subsection (a)(1), and
that has an enrollment of children described in
subparagraph (A), (B), or (C) of such
subsection equal to at least 10 percent of the
agency's total enrollment, the Secretary shall
calculate the weighted student units of those
children described in subparagraph (D) or (E)
of such subsection by multiplying the number of
such children by a factor of 0.55.
``(bb) Notwithstanding subitem (aa), a
local educational agency that received a
payment under this paragraph for fiscal year
2013 shall not be required to have an
enrollment of children described in
subparagraph (A), (B), or (C) of subsection
(a)(1) equal to at least 10 percent of the
agency's total enrollment.''; and
(iv) by amending subclause (III) of clause
(ii) by striking ``(B)(i)(II)(aa)'' and
inserting ``subparagraph (B)(i)(I)'';
(F) in subparagraph (D)(i)(II) (as so
redesignated), by striking ``6,000'' and inserting
``5,500'';
(G) in subparagraph (E) (as so redesignated)--
(i) by striking ``Secretary'' and all that
follows through ``shall use'' and inserting
``Secretary shall use'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking clause (ii);
(H) in subparagraphs (F) (as so redesignated), by
striking ``subparagraph (C)(i)(II)(bb)'' and inserting
``subparagraph (B)(i)(II)(bb)(BB)'';
(I) in subparagraph (G) (as so redesignated)--
(i) in clause (i)--
(I) by striking ``subparagraph (B),
(C), (D), or (E)'' and inserting
``subparagraph (B), (C), or (D)'';
(II) by striking ``by reason of''
and inserting ``due to'';
(III) by inserting after ``clause
(iii)'' the following ``, or as the
direct result of base realignment and
closure or modularization as determined
by the Secretary of Defense and force
structure change or force relocation'';
and
(IV) by inserting before the
period, the following: ``or during such
time as activities associated with base
closure and realignment,
modularization, force structure change,
or force relocation are ongoing''; and
(ii) in clause (ii), by striking ``(D) or
(E)'' each place it appears and inserting ``(C)
or (D)'';
(4) in paragraph (3)--
(A) in subparagraph (B)--
(i) by amending clause (iii) to read as
follows:
``(iii) In the case of a local educational agency
providing a free public education to students enrolled
in kindergarten through grade 12, but which enrolls
students described in subparagraphs (A), (B), and (D)
of subsection (a)(1) only in grades 9 through 12, and
which received a final payment in fiscal year 2009
calculated under this paragraph (as this paragraph was
in effect on the day before the date of enactment of
the Student Success Act) for students in grades 9
through 12, the Secretary shall, in calculating the
agency's payment, consider only that portion of such
agency's total enrollment of students in grades 9
through 12 when calculating the percentage under clause
(i)(I) and only that portion of the total current
expenditures attributed to the operation of grades 9
through 12 in such agency when calculating the
percentage under clause (i)(II).''; and
(ii) by adding at the end the following:
``(v) In the case of a local educational agency
that is providing a program of distance education to
children not residing within the geographic boundaries
of the agency, the Secretary shall--
``(I) for purposes of the calculation under
clause (i)(I), disregard such children from the
total number of children in average daily
attendance at the schools served by such
agency; and
``(II) for purposes of the calculation
under clause (i)(II), disregard any funds
received for such children from the total
current expenditures for such agency.'';
(B) in subparagraph (C), by striking ``subparagraph
(D) or (E) of paragraph (2), as the case may be'' and
inserting ``paragraph (2)(D)''; and
(C) by amending subparagraph (D) to read as
follows:
``(D) Ratable distribution.--For any fiscal year
described in subparagraph (A) for which the sums
available exceed the amount required to pay each local
educational agency 100 percent of its threshold
payment, the Secretary shall distribute the excess sums
to each eligible local educational agency that has not
received its full amount computed under paragraph (1)
or (2) (as the case may be) by multiplying--
``(i) a percentage, the denominator of
which is the difference between the full amount
computed under paragraph (1) or (2) (as the
case may be) for all local educational agencies
and the amount of the threshold payment (as
calculated under subparagraphs (B) and (C)) of
all local educational agencies, and the
numerator of which is the aggregate of the
excess sums, by
``(ii) the difference between the full
amount computed under paragraph (1) or (2) (as
the case may be) for the agency and the amount
of the threshold payment as calculated under
subparagraphs (B) and (C) of the agency.''; and
(D) by inserting at the end the following new
subparagraphs:
``(E) Insufficient payments.--For each fiscal year
described in subparagraph (A) for which the sums
appropriated under section 3(d)(2) are insufficient to
pay each local educational agency all of the local
educational agency's threshold payment described in
subparagraph (D), the Secretary shall ratably reduce
the payment to each local educational agency under this
paragraph.
``(F) Increases.--If the sums appropriated under
section 3(d)(2) are sufficient to increase the
threshold payment above the 100 percent threshold
payment described in subparagraph (D), then the
Secretary shall increase payments on the same basis as
such payments were reduced, except no local educational
agency may receive a payment amount greater than 100
percent of the maximum payment calculated under this
subsection.''; and
(5) in paragraph (4)--
(A) in subparagraph (A), by striking ``through
(D)'' and inserting ``and (C)''; and
(B) in subparagraph (B), by striking ``subparagraph
(D) or (E)'' and inserting ``subparagraph (C) or (D)''.
(c) Prior Year Data.--Paragraph (2) of section 8003(c) (20 U.S.C.
7703(c)) is amended to read as follows:
``(2) Exception.--Calculation of payments for a local
educational agency shall be based on data from the fiscal year
for which the agency is making an application for payment if
such agency--
``(A) is newly established by a State, for the
first year of operation of such agency only;
``(B) was eligible to receive a payment under this
section for the previous fiscal year and has had an
overall increase in enrollment (as determined by the
Secretary in consultation with the Secretary of
Defense, the Secretary of Interior, or the heads of
other Federal agencies)--
``(i) of not less than 10 percent, or 100
students, of children described in--
``(I) subparagraph (A), (B), (C),
or (D) of subsection (a)(1); or
``(II) subparagraphs (F) and (G) of
subsection (a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense or the Department
of Interior; and
``(ii) that is the direct result of closure
or realignment of military installations under
the base closure process or the relocation of
members of the Armed Forces and civilian
employees of the Department of Defense as part
of the force structure changes or movements of
units or personnel between military
installations or because of actions initiated
by the Secretary of the Interior or the head of
another Federal agency; or
``(C) was eligible to receive a payment under this
section for the previous fiscal year and has had an
increase in enrollment (as determined by the
Secretary)--
``(i) of not less than 10 percent of
children described in subsection (a)(1) or not
less than 100 of such children; and
``(ii) that is the direct result of the
closure of a local educational agency that
received a payment under subsection (b)(1) or
(b)(2) in the previous fiscal year.''.
(d) Children With Disabilities.--Section 8003(d)(1) (20 U.S.C.
7703(d)) is amended by striking ``section 8014(c)'' and inserting
``section 3(d)(3)''.
(e) Hold-Harmless.--Section 8003(e) (20 U.S.C. 7703(e)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--Subject to paragraph (2), the total
amount the Secretary shall pay a local educational agency under
subsection (b)--
``(A) for fiscal year 2014, shall not be less than
90 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2), or (b)(2)(B)(ii) for fiscal year 2013;
``(B) for fiscal year 2015, shall not be less than
85 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2), or (b)(2)(B)(ii) for fiscal year 2013; and
``(C) for fiscal year 2016, shall not be less than
80 percent of the total amount that the local
educational agency received under subsection (b)(1),
(b)(2), or (b)(2)(B)(ii) for fiscal year 2013.''; and
(2) by amending paragraph (2) to read as follows:
``(2) Maximum amount.--The total amount provided to a local
educational agency under subparagraph (A), (B), or (C) of
paragraph (1) for a fiscal year shall not exceed the maximum
basic support payment amount for such agency determined under
paragraph (1) or (2) of subsection (b), as the case may be, for
such fiscal year.''.
(f) Maintenance of Effort.--Section 8003 (20 U.S.C. 7703) is
amended by striking subsection (g).
SEC. 404. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
Section 8004(e)(9) is amended by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
SEC. 405. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(b) (20 U.S.C. 7705(b)) is amended in the matter
preceding paragraph (1) by striking ``and shall contain such
information,''.
SEC. 406. CONSTRUCTION.
Section 8007 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``section 3(d)(4)'';
(B) in paragraph (2), by adding at the end the
following:
``(C) The agency is eligible under section
4003(b)(2) or is receiving basic support payments under
circumstances described in section
4003(b)(2)(B)(ii).''; and
(C) in paragraph (3), by striking ``section
8014(e)'' each place it appears and inserting ``section
3(d)(4)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``section 3(d)(4)'';
(B) in paragraph (3)--
(i) in subparagraph (C)(i)(I), by adding at
the end the following:
``(cc) At least 10 percent of the
property in the agency is exempt from
State and local taxation under Federal
law.''; and
(ii) by adding at the end the following:
``(F) Limitations on eligibility requirements.--The
Secretary shall not limit eligibility--
``(i) under subparagraph (C)(i)(I)(aa), to
those local educational agencies in which the
number of children determined under section
8003(a)(1)(C) for each such agency for the
preceding school year constituted more than 40
percent of the total student enrollment in the
schools of each such agency during the
preceding school year; and
``(ii) under subparagraph (C)(i)(I)(cc), to
those local educational agencies in which more
than 10 percent of the property in each such
agency is exempt from State and local taxation
under Federal law.'';
(C) in paragraph (6)--
(i) in the matter preceding subparagraph
(A), by striking ``in such manner, and
accompanied by such information'' and inserting
``and in such manner''; and
(ii) by striking subparagraph (F); and
(D) by striking paragraph (7).
SEC. 407. FACILITIES.
Section 8008 (20 U.S.C. 7708) is amended in subsection (a), by
striking ``section 8014(f)'' and inserting ``section 3(d)(5)''.
SEC. 408. STATE CONSIDERATION OF PAYMENTS PROVIDING STATE AID.
Section 8009(c)(1)(B) (20 U.S.C. 7709(c)(1)(B)) is amended by
striking ``and contain the information''.
SEC. 409. FEDERAL ADMINISTRATION.
Section 8010(d)(2) (20 U.S.C. 7710(d)(2)) is amended, by striking
``section 8014'' and inserting ``section 3(d)''.
SEC. 410. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
Section 8011(a) (20 U.S.C. 7711(a)) is amended by striking ``or
under the Act'' and all the follows through ``1994)''.
SEC. 411. DEFINITIONS.
Section 8013 (20 U.S.C. 7713) is amended--
(1) in paragraph (1), by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (4), by striking ``and title VI'';
(3) in paragraph (5)(A)(iii)--
(A) in subclause (II), by striking ``Stewart B.
McKinney Homeless Assistance Act'' and inserting
``McKinney-Vento Homeless Assistance Act (42 U.S.C.
11411)''; and
(B) in subclause (III), by inserting before the
semicolon, ``(25 U.S.C. 4101 et seq.)'';
(4) in paragraph (8)(A), by striking ``and verified by''
and inserting ``, and verified by,''; and
(5) in paragraph (9)(B), by inserting a comma before ``on a
case-by-case basis''.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
Section 8014 (20 U.S.C. 7801) is repealed.
SEC. 413. CONFORMING AMENDMENTS.
(a) Impact Aid Improvement Act of 2012.--Subsection (c) of the
Impact Aid Improvement Act of 2012 (20 U.S.C. 6301 note; Public Law
112-239; 126 Stat 1748) 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.--Title IV (20 U.S.C. 7101 et seq.), as amended by
section 501(b)(2) of this Act, is repealed.
(c) Transfer and Redesignation.--Title VIII (20 U.S.C. 7701 et
seq.), as amended by this title, is redesignated as title IV (20 U.S.C.
7101 et seq.), and transferred and inserted after title III (as amended
by this Act).
(d) Title VIII References.--The Act (20 U.S.C. 6301 et seq.) is
amended--
(1) by redesignating sections 8001 through 8005 as sections
4001 through 4005, respectively;
(2) by redesignating sections 8007 through 8013 as sections
4007 through 4013, respectively;
(3) by striking ``section 8002'' each place it appears and
inserting ``section 4002'';
(4) by striking ``section 8002(b)'' each place it appears
and inserting ``section 4002(b)'';
(5) by striking ``section 8003'' each place it appears and
inserting ``section 4003'', respectively;
(6) by striking ``section 8003(a)'' each place it appears
and inserting ``section 4003(a)'';
(7) by striking ``section 8003(a)(1)'' each place it
appears and inserting ``section 4003(a)(1)'';
(8) by striking ``section 8003(a)(1)(C)'' each place it
appears and inserting ``section 4003(a)(1)(C)'';
(9) by striking ``section 8002(a)(2)'' each place it
appears and inserting ``section 4002(a)(2)'';
(10) by striking ``section 8003(b)'' each place it appears
and inserting ``section 4003(b)'';
(11) by striking ``section 8003(b)(1)'' each place it
appears and inserting ``section 4003(b)(1)'';
(12) in section 4002(b)(1)(C) (as so redesignated), by
striking ``section 8003(b)(1)(C)'' and inserting ``section
4003(b)(1)(C)'';
(13) in section 4002(k)(1) (as so redesignated), by
striking ``section 8013(5)(C)(iii)'' and inserting ``section
4013(5)(C)(iii)'';
(14) in section 4005 (as so redesignated)--
(A) in the section heading, by striking ``8002 and
8003'' and inserting ``4002 and 4003'';
(B) by striking ``or 8003'' each place it appears
and inserting ``or 4003'';
(C) in subsection (b)(2), by striking ``section
8004'' and inserting ``section 4004''; and
(D) in subsection (d)(2), by striking ``section
8003(e)'' and inserting ``section 4003(e)'';
(15) in section 4007(a)(3)(A)(i)(II) (as so redesignated),
by striking ``section 8008(a)'' and inserting ``section
4008(a)'';
(16) in section 4007(a)(4) (as so redesignated), by
striking ``section 8013(3)'' and inserting ``section 4013(3)'';
and
(17) in section 4009 (as so redesignated)--
(A) in subsection (b)(1)--
(i) by striking ``or 8003(b)'' and
inserting ``or 4003(b)'';
(ii) by striking ``section 8003(a)(2)(B)''
and inserting ``section 4003(a)(2)(B)''; and
(iii) by striking ``section 8003(b)(2)''
each place it appears and inserting ``section
4003(b)(2)'';
(B) by striking ``section 8011(a)'' each place it
appears and inserting ``section 4011(a)''; and
(18) in section 4010(c)(2)(D) (as so redesignated) by
striking ``section 8009(b)'' and inserting ``section 4009(b)''.
TITLE V--GENERAL PROVISIONS FOR THE ACT
SEC. 501. GENERAL PROVISIONS FOR THE ACT.
(a) Amending Title V.--Title V (20 U.S.C. 7201 et seq.) is amended
to read as follows:
``TITLE V--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 5101. DEFINITIONS.
``Except as otherwise provided, in this Act:
``(1) Average daily attendance.--
``(A) In general.--Except as provided otherwise by
State law or this paragraph, the term `average daily
attendance' means--
``(i) the aggregate number of days of
attendance of all students during a school
year; divided by
``(ii) the number of days school is in
session during that year.
``(B) Conversion.--The Secretary shall permit the
conversion of average daily membership (or other
similar data) to average daily attendance for local
educational agencies in States that provide State aid
to local educational agencies on the basis of average
daily membership (or other similar data).
``(C) Special rule.--If the local educational
agency in which a child resides makes a tuition or
other payment for the free public education of the
child in a school located in another school district,
the Secretary shall, for the purpose of this Act--
``(i) consider the child to be in
attendance at a school of the agency making the
payment; and
``(ii) not consider the child to be in
attendance at a school of the agency receiving
the payment.
``(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a private
school or to a public school of another local
educational agency for a child with a disability, as
defined in section 602 of the Individuals with
Disabilities Education Act, the Secretary shall, for
the purpose of this Act, consider the child to be in
attendance at a school of the agency making the
payment.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means, in the case of a State or of the
United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States,
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by
the State for the operation of those agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom those agencies provided free
public education during that preceding year.
``(3) Charter school.--The term `charter school' means a
public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is
exempt from significant State or local rules that
inhibit the flexible operation and management of public
schools, but not from any rules relating to the other
requirements of this paragraph;
``(B) is created by a developer as a public school,
or is adapted by a developer from an existing public
school, and is operated under public supervision and
direction;
``(C) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by the authorized public
chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions
policies, employment practices, and all other
operations, and is not affiliated with a sectarian
school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of
1975, title VI of the Civil Rights Act of 1964, title
IX of the Education Amendments of 1972, section 504 of
the Rehabilitation Act of 1973, and part B of the
Individuals with Disabilities Education Act;
``(H) is a school to which parents choose to send
their children, and that admits students on the basis
of a lottery, if more students apply for admission than
can be accommodated;
``(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
requirements are specifically waived for the purpose of
this program;
``(J) meets all applicable Federal, State, and
local health and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will
be measured in charter schools pursuant to State
assessments that are required of other schools and
pursuant to any other assessments mutually agreeable to
the authorized public chartering agency and the charter
school; and
``(M) may serve prekindergarten or post secondary
students.
``(4) Child.--The term `child' means any person within the
age limits for which the State provides free public education.
``(5) Child with a disability.--The term `child with a
disability' has the same meaning given that term in section 602
of the Individuals with Disabilities Education Act.
``(6) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or
significant segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(7) Consolidated local application.--The term
`consolidated local application' means an application submitted
by a local educational agency pursuant to section 5305.
``(8) Consolidated local plan.--The term `consolidated
local plan' means a plan submitted by a local educational
agency pursuant to section 5305.
``(9) Consolidated state application.--The term
`consolidated State application' means an application submitted
by a State educational agency pursuant to section 5302.
``(10) Consolidated state plan.--The term `consolidated
State plan' means a plan submitted by a State educational
agency pursuant to section 5302.
``(11) Core academic subjects.--The term `core academic
subjects' means English, reading or language arts, mathematics,
science, foreign languages, civics and government, economics,
arts, history, and geography.
``(12) County.--The term `county' means one of the
divisions of a State used by the Secretary of Commerce in
compiling and reporting data regarding counties.
``(13) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) title II; and
``(C) title III.
``(14) Current expenditures.--The term `current
expenditures' means expenditures for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of
plant, fixed charges, and net expenditures to cover
deficits for food services and student body activities;
but
``(B) not including expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds received under title I.
``(15) Department.--The term `Department' means the
Department of Education.
``(16) Direct student services.--The term `direct student
services' means public school choice or high-quality academic
tutoring that are designed to help increase academic
achievement for students.
``(17) Distance education.--The term `distance education'
means the use of one or more technologies to deliver
instruction to students who are separated from the instructor
and to support regular and substantive interaction between the
students and the instructor synchronously or nonsynchronously.
``(18) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(19) Elementary school.--The term `elementary school'
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
``(20) English learner.--The term `English learner', when
used with respect to an individual, means an individual--
``(A) who is aged 3 through 21;
``(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
``(C)(i) who was not born in the United States or
whose native language is a language other than English;
``(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying areas; and
``(II) who comes from an environment where a
language other than English has had a significant
impact on the individual's level of English language
proficiency; or
``(iii) who is migratory, whose native language is
a language other than English, and who comes from an
environment where a language other than English is
dominant; and
``(D) whose difficulties in speaking, reading,
writing, or understanding the English language may be
sufficient to deny the individual--
``(i) the ability to meet the State's
academic standards described in section 1111;
``(ii) the ability to successfully achieve
in classrooms where the language of instruction
is English; or
``(iii) the opportunity to participate
fully in society.
``(21) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the
number of students who form the original cohort
of entering first-time 9th grade students
enrolled in the high school no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics under section 153 of the Education
Sciences Reform Act, adjusted by--
``(I) adding the students who
joined that cohort, after the time of
the determination of the original
cohort; and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) one or more additional years
beyond the fourth year of high school;
or
``(II) a summer session immediately
following the additional year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational
program from which the student is
expected to receive a regular high
school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the denominator of the extended-year
adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
extended-year adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(22) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(23) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the
number of students who form the original cohort
of entering first-time 9th grade students
enrolled in the high school no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the
Education Sciences Reform Act, adjusted by--
``(I) adding the students who
joined that cohort, after the time of
the determination of the original
cohort; and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) the fourth year of high
school; or
``(II) a summer session immediately
following the fourth year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational
program from which the student is
expected to receive a regular high
school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(24) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision
and direction, and without tuition charge; and
``(B) as elementary school or secondary school
education as determined under applicable State law,
except that the term does not include any education
provided beyond grade 12.
``(25) Gifted and talented.--The term `gifted and
talented', when used with respect to students, children, or
youth, means students, children, or youth who give evidence of
high achievement capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who need services or activities not
ordinarily provided by the school in order to fully develop
those capabilities.
``(26) High-quality academic tutoring.--The term `high-
quality academic tutoring' means supplemental academic services
that--
``(A) are in addition to instruction provided
during the school day;
``(B) are provided by a non-governmental entity or
local educational agency that--
``(i) is included on a State educational
agency approved provider list after
demonstrating to the State educational agency
that its program consistently improves the
academic achievement of students; and
``(ii) agrees to provide parents of
children receiving high-quality academic
tutoring, the appropriate local educational
agency, and school with information on
participating students increases in academic
achievement, in a format, and to the extent
practicable, a language that such parent can
understand, and in a manner that protects the
privacy of individuals consistent with section
444 of the General Education Provisions Act (20
U.S.C. 1232g);
``(C) are selected by the parents of students who
are identified by the local educational agency as being
eligible for such services from among providers on the
approved provider list described in subparagraph
(B)(i);
``(D) meet all applicable Federal, State, and local
health, safety, and civil rights laws; and
``(E) ensure that all instruction and content are
secular, neutral, and non-ideological.
``(27) High school.--The term `high school' means a
secondary school that--
``(A) grants a diploma, as defined by the State;
and
``(B) includes, at least, grade 12.
``(28) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965.
``(29) Local educational agency.--
``(A) In general.--The term `local educational
agency' means a public board of education or other
public authority legally constituted within a State for
either administrative control or direction of, or to
perform a service function for, public elementary
schools or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a combination of
school districts or counties that is recognized in a
State as an administrative agency for its public
elementary schools or secondary schools.
``(B) Administrative control and direction.--The
term includes any other public institution or agency
having administrative control and direction of a public
elementary school or secondary school.
``(C) BIE schools.--The term includes an elementary
school or secondary school funded by the Bureau of
Indian Education but only to the extent that including
the school makes the school eligible for programs for
which specific eligibility is not provided to the
school in another provision of law and the school does
not have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that the school shall not be
subject to the jurisdiction of any State educational
agency other than the Bureau of Indian Education.
``(D) Educational service agencies.--The term
includes educational service agencies and consortia of
those agencies.
``(E) State educational agency.--The term includes
the State educational agency in a State in which the
State educational agency is the sole educational agency
for all public schools.
``(30) Native american and native american language.--The
terms `Native American' and `Native American language' have the
same meaning given those terms in section 103 of the Native
American Languages Act of 1990.
``(31) Other staff.--The term `other staff' means
specialized instructional support personnel, librarians, career
guidance and counseling personnel, education aides, and other
instructional and administrative personnel.
``(32) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands;
``(B) means the Republic of Palau, to the extent
permitted under section 105(f)(1)(B)(ix) of the Compact
of Free Association Amendments Act of 2003 (Public Law
99-658; 117 Stat. 2751) and until an agreement for the
extension of United States education assistance under
the Compact of Free Association becomes effective for
the Republic of Palau; and
``(C) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands and the Federated States of
Micronesia, to the extent permitted under section
105(f)(1)(B)(viii) of the Compact of Free Association
Amendments Act of 2003 (Public Law 108-188; 117 Stat.
2751).
``(33) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis (such as a
grandparent, stepparent, or foster parent with whom the child
lives, or a person who is legally responsible for the child's
welfare).
``(34) Parental involvement.--The term `parental
involvement' means the participation of parents in regular,
two-way, and meaningful communication involving student
academic learning and other school activities, including
ensuring--
``(A) that parents play an integral role in
assisting in their child's learning;
``(B) that parents are encouraged to be actively
involved in their child's education at school;
``(C) that parents are full partners in their
child's education and are included, as appropriate, in
decisionmaking and on advisory committees to assist in
the education of their child; and
``(D) the carrying out of other activities, such as
those described in section 1118.
``(35) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act) applicable to a family of
the size involved.
``(36) Professional development.--The term `professional
development'--
``(A) includes evidence-based, job-embedded,
continuous activities that--
``(i) improve and increase teachers'
knowledge of the academic subjects the teachers
teach, and enable teachers to become effective
educators;
``(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
``(iii) give teachers, school leaders,
other staff, and administrators the knowledge
and skills to provide students with the
opportunity to meet State academic standards;
``(iv) improve classroom management skills;
``(v)(I) have a positive and lasting impact
on classroom instruction and the teacher's
performance in the classroom; and
``(II) are not 1-day or short-term
workshops or conferences;
``(vi) support the recruiting, hiring, and
training of effective teachers, including
teachers who became certified or licensed
through State and local alternative routes to
certification;
``(vii) advance teacher understanding of
effective instructional strategies that are
strategies for improving student academic
achievement or substantially increasing the
knowledge and teaching skills of teachers,
including through addressing the social and
emotional development needs of students;
``(viii) are aligned with and directly
related to--
``(I) State academic standards and
assessments; and
``(II) the curricula and programs
tied to the standards described in
subclause (I);
``(ix) are developed with extensive
participation of teachers, school leaders,
parents, and administrators of schools to be
served under this Act;
``(x) are designed to give teachers of
English learners and other teachers and
instructional staff, the knowledge and skills
to provide instruction and appropriate language
and academic support services to those
children, including the appropriate use of
curricula and assessments;
``(xi) to the extent appropriate, provide
training for teachers, other staff, and school
leaders in the use of technology so that
technology and technology applications are
effectively used to improve teaching and
learning in the curricula and core academic
subjects in which the students receive
instruction;
``(xii) as a whole, are regularly evaluated
for their impact on increased teacher
effectiveness and improved student academic
achievement, with the findings of the
evaluations used to improve the quality of the
professional development;
``(xiii) provide instruction in methods of
teaching children with special needs;
``(xiv) include instruction in the use of
data and assessments to inform and instruct
classroom practice; and
``(xv) include instruction in ways that
teachers, school leaders, specialized
instructional support personnel, other staff,
and school administrators may work more
effectively with parents; and
``(B) may include evidence-based, job-embedded,
continuous activities that--
``(i) involve the forming of partnerships
with institutions of higher education to
establish school-based teacher training
programs that provide prospective teachers and
new teachers with an opportunity to work under
the guidance of experienced teachers and
college faculty;
``(ii) create programs to enable
paraprofessionals (assisting teachers employed
by a local educational agency receiving
assistance under subpart 1 of part A of title
I) to obtain the education necessary for those
paraprofessionals to become certified and
licensed teachers; and
``(iii) provide follow-up training to
individuals who have participated in activities
described in subparagraph (A) or another clause
of this subparagraph that are designed to
ensure that the knowledge and skills learned by
the teachers are implemented in the classroom.
``(37) Regular high school diploma.--
``(A) In general.--The term `regular high school
diploma' means the standard high school diploma awarded
to the preponderance of students in the State that is
fully aligned with State standards, or a higher
diploma. Such term shall not include a GED or other
recognized equivalent of a diploma, a certificate of
attendance, or any lesser diploma award.
``(B) Exception for students with significant
cognitive disabilities.--For a student who is assessed
using an alternate assessment aligned to alternate
academic standards under section 1111(b)(1)(D), receipt
of a regular high school diploma as defined under
subparagraph (A) or a State-defined alternate diploma
obtained within the time period for which the State
ensures the availability of a free appropriate public
education and in accordance with section 612(a)(1) of
the Individuals with Disabilities Education Act shall
be counted as graduating with a regular high school
diploma for the purposes of this Act.
``(38) School leader.--The term `school leader' means a
principal, assistant principal, or other individual who is--
``(A) an employee or officer of a school, local
educational agency, or other entity operating the
school; and
``(B) responsible for--
``(i) the daily instructional leadership
and managerial operations of the school; and
``(ii) creating the optimum conditions for
student learning.
``(39) Secondary school.--The term `secondary school' means
a nonprofit institutional day or residential school, including
a public secondary charter school, that provides secondary
education, as determined under State law, except that the term
does not include any education beyond grade 12.
``(40) Secretary.--The term `Secretary' means the Secretary
of Education.
``(41) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support
personnel.--The term `specialized instructional support
personnel' means school counselors, school social
workers, school psychologists, and other qualified
professional personnel involved in providing
assessment, diagnosis, counseling, educational,
therapeutic, and other necessary services (including
related services as that term is defined in section 602
of the Individuals with Disabilities Education Act) as
part of a comprehensive program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel.
``(42) State.--The term `State' means each of the 50
States, the District of Columbia, the Commonwealth of Puerto
Rico, and each of the outlying areas.
``(43) State educational agency.--The term `State
educational agency' means the agency primarily responsible for
the State supervision of public elementary schools and
secondary schools.
``(44) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, but not limited to, the Internet
and other communications networks, computer devices and other
computer and communications hardware, software applications,
data systems, and other electronic content and data storage.
``SEC. 5102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title IV of
this Act.
``SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
``For the purpose of any competitive program under this Act--
``(1) a consortium of schools operated by the Bureau of
Indian Education;
``(2) a school operated under a contract or grant with the
Bureau of Indian Education in consortium with another contract
or grant school or a tribal or community organization; or
``(3) a Bureau of Indian Education school in consortium
with an institution of higher education, a contract or grant
school, or a tribal or community organization,
shall be given the same consideration as a local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may
consolidate the amounts specifically made available to it for
State administration under one or more of the programs under
paragraph (2).
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used for
administration, and such other programs as the Secretary may
designate.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation under
subsection (a), such as--
``(A) the coordination of those programs with other
Federal and non-Federal programs;
``(B) the establishment and operation of peer-
review mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding
model programs and practices;
``(E) technical assistance under any program under
this Act;
``(F) State-level activities designed to carry out
this title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the Department.
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may periodically
review the performance of State educational agencies in using
consolidated administrative funds under this section and take such
steps as the Secretary finds appropriate to ensure the effectiveness of
that administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to the agency under this
section for administration, the agency may use those funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards and
assessments, a State educational agency may consolidate the amounts
described in subsection (a) for those purposes under title I.
``SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or plans under this Act,
describe how the agency will eliminate duplication in conducting
administrative functions.
``SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under subpart 6
of part A of title I, and the education for homeless children
and youth program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act, the amounts allotted to
the Department of the Interior under those programs.
``(2) Agreement.--
``(A) In general.--The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
``(B) Contents.--The agreement shall--
``(i) set forth the plans of the Secretary
of the Interior for the use of the amount
transferred and the achievement measures to
assess program effectiveness; and
``(ii) be developed in consultation with
Indian tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
its costs related to the administration of the funds transferred under
this section.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 5301. PURPOSES.
``The purposes of this part are--
``(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and service
delivery;
``(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications, and
reporting; and
``(3) to enhance the integration of programs under this Act
with State and local programs.
``SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which, after consultation with the Governor, a State
educational agency may submit a consolidated State plan or a
consolidated State application meeting the requirements of this
section for--
``(A) each of the covered programs in which the
State participates; and
``(B) such other programs as the Secretary may
designate.
``(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational agency that
submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
separate State plans or applications under any of the programs
to which the consolidated State plan or consolidated State
application under this section applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State
agencies, local educational agencies, public and private
agencies, organizations, and institutions, private schools, and
parents, students, and teachers.
``(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall establish, for
each program under this Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances (including
assurances of compliance with applicable provisions regarding
participation by private school children and teachers), and
other materials that are absolutely necessary for the
consideration of the consolidated State plan or consolidated
State application.
``SEC. 5303. CONSOLIDATED REPORTING.
``(a) In General.--In order to simplify reporting requirements and
reduce reporting burdens, the Secretary shall establish procedures and
criteria under which a State educational agency, in consultation with
the Governor of the State, may submit a consolidated State annual
report.
``(b) Contents.--The report shall contain information about the
programs included in the report, including the performance of the State
under those programs, and other matters as the Secretary determines are
necessary, such as monitoring activities.
``(c) Replacement.--The report shall replace separate individual
annual reports for the programs included in the consolidated State
annual report.
``SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency, in consultation with
the Governor of the State, that submits a consolidated State plan or
consolidated State application under this Act, whether separately or
under section 5302, shall have on file with the Secretary a single set
of assurances, applicable to each program for which the plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, an eligible private agency, institution,
or organization, or an Indian tribe, if the law authorizing the
program provides for assistance to those entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
those funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of the
programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such
information to the Secretary, and afford such access to
the records as the Secretary may find necessary to
carry out the Secretary's duties; and
``(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for
public comment on the plan or application and considered such
comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may submit
plans or applications to the State educational agency under
those programs on a consolidated basis.
``(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and applications
available to the Governor.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan or
application under section 5302 may require local educational agencies
in the State receiving funds under more than one program included in
the consolidated State plan or consolidated State application to submit
consolidated local plans or applications under those programs, but may
not require those agencies to submit separate plans.
``(c) Collaboration.--A State educational agency, in consultation
with the Governor, shall collaborate with local educational agencies in
the State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications under this
section.
``(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the local
educational agency plan or application.
``SEC. 5306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant, other than a State educational
agency that submits a plan or application under this Act, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is
submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in an eligible private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to those
entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
the funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary, or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
``(6) the applicant will--
``(A) submit such reports to the State educational
agency (which shall make the reports available to the
Governor) and the Secretary as the State educational
agency and Secretary may require to enable the State
educational agency and the Secretary to perform their
duties under each such program; and
``(B) maintain such records, provide such
information, and afford such access to the records as
the State educational agency (after consultation with
the Governor) or the Secretary may reasonably require
to carry out the State educational agency's or the
Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--
``(1) Request for waiver.--A State educational agency,
local educational agency, or Indian tribe that receives funds
under a program authorized under this Act may submit a request
to the Secretary to waive any statutory or regulatory
requirement of this Act.
``(2) Receipt of waiver.--Except as provided in subsection
(c) and subject to the limits in subsection (b)(5)(A), the
Secretary shall waive any statutory or regulatory requirement
of this Act for a State educational agency, local educational
agency, Indian tribe, or school (through a local educational
agency), that submits a waiver request pursuant to this
subsection.
``(b) Plan.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver under
this section shall submit a waiver request to the Secretary,
which shall include a plan that--
``(A) identifies the Federal programs affected by
the requested waiver;
``(B) describes which Federal statutory or
regulatory requirements are to be waived;
``(C) reasonably demonstrates that the waiver will
improve instruction for students and advance student
academic achievement;
``(D) describes the methods the State educational
agency, local educational agency, or Indian tribe will
use to monitor the effectiveness of the implementation
of the plan; and
``(E) describes how schools will continue to
provide assistance to the same populations served by
programs for which the waiver is requested.
``(2) Additional information.--A waiver request under this
section--
``(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on
behalf of those agencies and schools) to State
educational agencies; and
``(II) by State educational agencies (on
their own behalf, or on behalf of, and based on
the requests of, local educational agencies in
the State) to the Secretary; or
``(ii) by Indian tribes (on behalf of
schools operated by the tribes) to the
Secretary.
``(3) General requirements.--
``(A) State educational agencies.--In the case of a
waiver request submitted by a State educational agency
acting on its own behalf, or on behalf of local
educational agencies in the State, the State
educational agency shall--
``(i) provide the public and local
educational agencies in the State with notice
and a reasonable opportunity to comment and
provide input on the request;
``(ii) submit the comments and input to the
Secretary, with a description of how the State
addressed the comments and input; and
``(iii) provide notice and a reasonable
time to comment to the public and local
educational agencies in the manner in which the
applying agency customarily provides similar
notice and opportunity to comment to the
public.
``(B) Local educational agencies.--In the case of a
waiver request submitted by a local educational agency
that receives funds under this Act--
``(i) the request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of the State educational
agency and the public; and
``(ii) notice and a reasonable opportunity
to comment regarding the waiver request shall
be provided to the State educational agency and
the public by the agency requesting the waiver
in the manner in which that agency customarily
provides similar notice and opportunity to
comment to the public.
``(4) Peer review.--
``(A) Establishment.--The Secretary shall establish
a multi-disciplinary peer review team, which shall meet
the requirements of section 5543, to review waiver
requests under this section.
``(B) Applicability.--The Secretary may approve a
waiver request under this section without conducting a
peer review of the request, but shall use the peer
review process under this paragraph before disapproving
such a request.
``(C) Standard and nature of review.--Peer
reviewers shall conduct a good faith review of waiver
requests submitted to them under this section. Peer
reviewers shall review such waiver requests--
``(i) in their totality;
``(ii) in deference to State and local
judgment; and
``(iii) with the goal of promoting State-
and local-led innovation.
``(5) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall approve a
waiver request not more than 60 days after the date on
which such request is submitted, unless the Secretary
determines and demonstrates that--
``(i) the waiver request does not meet the
requirements of this section;
``(ii) the waiver is not permitted under
subsection (c);
``(iii) the plan that is required under
paragraph (1)(C), and reviewed with deference
to State and local judgment, provides no
reasonable evidence to determine that a waiver
will enhance student academic achievement; or
``(iv) the waiver request does not provide
for adequate evaluation to ensure review and
continuous improvement of the plan.
``(B) Waiver determination and revision.--If the
Secretary determines and demonstrates that the waiver
request does not meet the requirements of this section,
the Secretary shall--
``(i) immediately--
``(I) notify the State educational
agency, local educational agency, or
Indian tribe of such determination; and
``(II) at the request of the State
educational agency, local educational
agency, or Indian tribe, provide
detailed reasons for such determination
in writing;
``(ii) offer the State educational agency,
local educational agency, or Indian tribe an
opportunity to revise and resubmit the waiver
request not more than 60 days after the date of
such determination; and
``(iii) if the Secretary determines that
the resubmission does not meet the requirements
of this section, at the request of the State
educational agency, local educational agency,
or Indian tribe, conduct a public hearing not
more than 30 days after the date of such
resubmission.
``(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
``(i) the State educational agency, local
educational agency, or Indian tribe has been
notified and offered an opportunity to revise
and resubmit the waiver request, as described
under clauses (i) and (ii) of subparagraph (B);
and
``(ii) the State educational agency, local
educational agency, or Indian tribe--
``(I) does not revise and resubmit
the waiver request; or
``(II) revises and resubmits the
waiver request, and the Secretary
determines that such waiver request
does not meet the requirements of this
section after a hearing conducted under
subparagraph (B)(iii), if requested.
``(D) External conditions.--The Secretary shall
not, directly or indirectly, require or impose new or
additional requirements in exchange for receipt of a
waiver if such requirements are not specified in this
Act.
``(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, Indian tribes, or other recipients
of funds under this Act;
``(2) comparability of services;
``(3) use of Federal funds to supplement, not supplant,
non-Federal funds;
``(4) equitable participation of private school students
and teachers;
``(5) parental participation and involvement;
``(6) applicable civil rights requirements;
``(7) the prohibitions--
``(A) in subpart 2 of part E;
``(B) regarding use of funds for religious worship
or instruction in section 5505; and
``(C) regarding activities in section 5524; or
``(8) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that the
Secretary may grant a waiver to allow a school attendance area
or school to participate in activities under subpart 1 of part
A of title I if the percentage of children from low-income
families in the school attendance area or who attend the school
is not more than 10 percentage points below the lowest
percentage of those children for any school attendance area or
school of the local educational agency that meets the
requirements of subsections (a) and (b) of section 1113.
``(d) Duration and Extension of Waiver; Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
waiver approved by the Secretary under this section may be for
a period not to exceed 3 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates that--
``(A) the waiver has been effective in enabling the
State or affected recipient to carry out the activities
for which the waiver was requested and the waiver has
contributed to improved student achievement; and
``(B) the extension is in the public interest.
``(3) Specific limitations.--The Secretary shall not
require a State educational agency, local educational agency,
or Indian tribe, as a condition of approval of a waiver
request, to--
``(A) include in, or delete from, such request,
specific academic standards, such as the Common Core
State Standards developed under the Common Core State
Standards Initiative or any other standards common to a
significant number of States;
``(B) use specific academic assessment instruments
or items, including assessments aligned to the
standards described in subparagraph (A); or
``(C) include in, or delete from, such waiver
request any criterion that specifies, defines,
describes, or prescribes the standards or measures that
a State or local educational agency or Indian tribe
uses to establish, implement, or improve--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation
systems.
``(e) Reports.--
``(1) Waiver reports.--A State educational agency, local
educational agency, or Indian tribe that receives a waiver
under this section shall, at the end of the second year for
which a waiver is received under this section and each
subsequent year, submit a report to the Secretary that--
``(A) describes the uses of the waiver by the
agency or by schools;
``(B) describes how schools continued to provide
assistance to the same populations served by the
programs for which waivers were granted; and
``(C) evaluates the progress of the agency and
schools, or Indian tribe, in improving the quality of
instruction or the academic achievement of students.
``(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
``(A) summarizing the uses of waivers by State
educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) describing the status of the waivers in
improving academic achievement.
``(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after notice and
an opportunity for a hearing, that the performance of the State or
other recipient affected by the waiver has been inadequate to justify a
continuation of the waiver and the recipient of the waiver has failed
to make revisions needed to carry out the purpose of the waiver, or if
the waiver is no longer necessary to achieve its original purpose.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of the
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``PART E--UNIFORM PROVISIONS
``Subpart 1--Private Schools
``SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of eligible
children in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
those agencies, or another entity receiving financial
assistance under a program specified in subsection (b), who are
enrolled in private elementary schools and secondary schools in
areas served by such agency, consortium, or entity, the agency,
consortium, or entity shall, after timely and meaningful
consultation with appropriate private school officials or their
representatives, provide to those children and their teachers
or other educational personnel, on an equitable basis, special
educational services or other benefits that address their needs
under the program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other
benefits provided under this section for private school
children, teachers, and other educational personnel shall be
equitable in comparison to services and other benefits for
public school children, teachers, and other educational
personnel participating in the program and shall be provided in
a timely manner.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children, teachers, and other service personnel shall
be equal to the expenditures for participating public
school children, taking into account the number and
educational needs, of the children to be served.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(C) Notice of allocation.--Each State educational
agency shall--
``(i) determine, in a timely manner, the
proportion of funds to be allocated to each
local educational agency in the State for
educational services and other benefits under
this subpart to eligible private school
children; and
``(ii) provide notice, simultaneously, to
each such local educational agency and the
appropriate private school officials or their
representatives in the State of such allocation
of funds.
``(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section may
provide those services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) subpart 2 of part A of title I;
``(B) subpart 4 of part A of title I;
``(C) part A of title II;
``(D) part B of title II; and
``(E) part B of title III.
``(2) Definition.--For the purpose of this section, the
term `eligible children' means children eligible for services
under a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or entity shall consult, in order to reach an
agreement, with appropriate private school officials or their
representatives during the design and development of the
programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve those
services;
``(E) the size and scope of the equitable services
to be provided to the eligible private school children,
teachers, and other educational personnel and the
amount of funds available for those services;
``(F) how and when the agency, consortium, or
entity will make decisions about the delivery of
services, including a thorough consideration and
analysis of the views of the private school officials
or their representatives on the provision of services
through potential third-party providers or contractors;
and
``(G) how, if the agency disagrees with the views
of the private school officials or their
representatives on the provision of services through a
contract, the local educational agency will provide in
writing to such private school officials or their
representatives an analysis of the reasons why the
local educational agency has chosen not to use a
contractor.
``(2) Disagreement.--If the agency, consortium, or entity
disagrees with the views of the private school officials or
their representatives with respect to an issue described in
paragraph (1), the agency, consortium, or entity shall provide
to the private school officials or their representatives a
written explanation of the reasons why the local educational
agency has chosen not to adopt the course of action requested
by such officials or their representatives.
``(3) Timing.--The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to
participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities
under this section.
``(4) Discussion required.--The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use to
provide equitable services to eligible private school children,
teachers, administrators, and other staff.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or their representatives of each participating
private school that the meaningful consultation required by
this section has occurred. The written affirmation shall
provide the option for private school officials or their
representatives to indicate that timely and meaningful
consultation has not occurred or that the program design is not
equitable with respect to eligible private school children. If
such officials or their representatives do not provide such
affirmation within a reasonable period of time, the local
educational agency shall forward the documentation that such
consultation has, or attempts at such consultation have, taken
place to the State educational agency.
``(6) Compliance.--
``(A) In general.--If the consultation required
under this section is with a local educational agency
or educational service agency, a private school
official or representative shall have the right to file
a complaint with the State educational agency that the
consultation required under this section was not
meaningful and timely, did not give due consideration
to the views of the private school official or
representative, or did not treat the private school or
its students equitably as required by this section.
``(B) Procedure.--If the private school official or
representative wishes to file a complaint, the private
school official or representative shall provide the
basis of the noncompliance with this section and all
parties shall provide the appropriate documentation to
the appropriate officials or representatives.
``(C) Services.--A State educational agency shall
provide services under this section directly or through
contracts with public and private agencies,
organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency or Education Service
Agency involved has not met the
requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency
has more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in such agency's school attendance
areas, as defined in section
1113(a)(2)(A), that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a school
attendance area, as defined in section
1113(a)(2)(A), are not being served by
the agency's program under this
section.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer the funds and property.
``(2) Provision of services.--
``(A) In general.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by the public
agency with an individual, association, agency,
organization, or other entity.
``(B) Independence; public agency.--In the
provision of those services, the employee, person,
association, agency, organization, or other entity
shall be independent of the private school and of any
religious organization, and the employment or contract
shall be under the control and supervision of the
public agency.
``(C) Commingling of funds prohibited.--Funds used
to provide services under this section shall not be
commingled with non-Federal funds.
``SEC. 5502. STANDARDS FOR BY-PASS.
``(a) In General.--If, by reason of any provision of law, a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or other entity is prohibited
from providing for the participation in programs of children enrolled
in, or teachers or other educational personnel from, private elementary
schools and secondary schools, on an equitable basis, or if the
Secretary determines that the agency, consortium, or entity has
substantially failed or is unwilling to provide for that participation,
as required by section 5501, the Secretary shall--
``(1) waive the requirements of that section for the
agency, consortium, or entity; and
``(2) arrange for the provision of equitable services to
those children, teachers, or other educational personnel
through arrangements that shall be subject to the requirements
of this section and of sections 5501, 5503, and 5504.
``(b) Determination.--In making the determination under subsection
(a), the Secretary shall consider one or more factors, including the
quality, size, scope, and location of the program, and the opportunity
of private school children, teachers, and other educational personnel
to participate in the program.
``SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 5501 by a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or entity. The individual or
organization shall submit the complaint to the State educational agency
for a written resolution by the State educational agency within 45
days.
``(b) Appeals to Secretary.--The resolution may be appealed by an
interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within the 45-day time limit. The appeal shall be accompanied
by a copy of the State educational agency's resolution, and, if there
is one, a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve the appeal not later than 90
days after receipt of the appeal.
``Subpart 2--Prohibitions
``SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--No officer or employee of the Federal Government
shall, directly or indirectly, through grants, contracts, or other
cooperative agreements, mandate, direct, incentivize, or control a
State, local educational agency, or school's specific instructional
content, academic standards and assessments, curricula, or program of
instruction, (including any requirement, direction, incentive, or
mandate to adopt the Common Core State Standards developed under the
Common Core State Standards Initiative or any other academic standards
common to a significant number of States), nor shall anything in this
Act be construed to authorize such officer or employee to do so.
``(b) Financial Support.--No officer or employee of the Federal
Government shall, directly or indirectly, through grants, contracts, or
other cooperative agreements, make financial support available in a
manner that is conditioned upon a State, local educational agency, or
school's adoption of specific instructional content, academic standards
and assessments, curriculum, or program of instruction, (including any
requirement, direction, or mandate to adopt the Common Core State
Standards developed under the Common Core State Standards Initiative,
any other academic standards common to a significant number of States,
or any assessment, instructional content, or curriculum aligned to such
standards), even if such requirements are specified in an Act other
than this Act, nor shall anything in this Act be construed to authorize
such officer or employee to do so.
``SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
``(a) General Prohibition.--Nothing in this Act shall be construed
to authorize an officer or employee of the Federal Government directly
or indirectly, whether through a grant, contract, or cooperative
agreement, to mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction, or allocation
of State or local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for under this
Act.
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding
any other prohibition of Federal law, no funds provided to the
Department under this Act may be used by the Department directly or
indirectly--whether through a grant, contract, or cooperative
agreement--to endorse, approve, develop, require, or sanction any
curriculum, including any curriculum aligned to the Common Core State
Standards developed under the Common Core State Standards Initiative or
any other academic standards common to a significant number of States,
designed to be used in an elementary school or secondary school.
``(c) Local Control.--Nothing in this Act shall be construed to--
``(1) authorize an officer or employee of the Federal
Government directly or indirectly--whether through a grant,
contract, or cooperative agreement--to mandate, direct, review,
or control a State, local educational agency, or school's
instructional content, curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act;
``(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) create any legally enforceable right.
``(d) Prohibition on Requiring Federal Approval or Certification of
Standards.--Notwithstanding any other provision of Federal law, no
State shall be required to have academic standards approved or
certified by the Federal Government, in order to receive assistance
under this Act.
``(e) Rule of Construction on Building Standards.--Nothing in this
Act shall be construed to mandate national school building standards
for a State, local educational agency, or school.
``SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``(a) General Prohibition.--Notwithstanding any other provision of
Federal law and except as provided in subsection (b), no funds provided
under this Act to the Secretary or to the recipient of any award may be
used to develop, pilot test, field test, implement, administer, or
distribute any federally sponsored national test or testing materials
in reading, mathematics, or any other subject, unless specifically and
explicitly authorized by law.
``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(5) of the Education Sciences Reform Act of 2002 and administered
to only a representative sample of pupils in the United States and in
foreign nations.
``SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
``(a) Mandatory National Testing or Certification of Teachers.--
Notwithstanding any other provision of this Act or any other provision
of law, no funds available to the Department or otherwise available
under this Act may be used for any purpose relating to a mandatory
nationwide test or certification of teachers or education
paraprofessionals, including any planning, development, implementation,
or administration of such test or certification.
``(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational agency or
local educational agency if the State educational agency or local
educational agency fails to adopt a specific method of teacher or
paraprofessional certification.
``SEC. 5525. PROHIBITED USES OF FUNDS.
``No funds under this Act may be used--
``(1) for construction, renovation, or repair of any school
facility, except as authorized under title IV or otherwise
authorized under this Act;
``(2) for medical services, drug treatment or
rehabilitation, except for specialized instructional support
services or referral to treatment for students who are victims
of, or witnesses to, crime or who illegally use drugs;
``(3) for transportation unless otherwise authorized under
this Act;
``(4) to develop or distribute materials, or operate
programs or courses of instruction directed at youth, that are
designed to promote or encourage sexual activity, whether
homosexual or heterosexual;
``(5) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(6) to provide sex education or HIV-prevention education
in schools unless that instruction is age appropriate and
includes the health benefits of abstinence; or
``(7) to operate a program of contraceptive distribution in
schools.
``SEC. 5529. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under this Act
(other than under title IV) in determining the eligibility of any local
educational agency in that State for State aid, or the amount of State
aid, with respect to free public education of children.
``SEC. 5530. PROHIBITION ON REQUIRING STATE PARTICIPATION.
``Any State that opts out of receiving funds, or that has not been
awarded funds, under one or more programs under this Act shall not be
required to carry out any of the requirements of such program or
programs, and nothing in this Act shall be construed to require a State
to participate in any program under this Act.
``SEC. 5531. LOCAL CONTROL.
``The Secretary shall not--
``(1) impose any requirements or exercise any governance or
authority over school administration, including the development
and expenditure over school budgets, unless explicitly
authorized under this Act;
``(2) issue any regulations or non-regulatory guidance
without first consulting with local stakeholders and fairly
addressing their concerns; or
``(3) deny any local educational agency the right to object
to any administrative requirement, including actions that place
additional burdens or cost on the local educational agency.
``Subpart 3--Other Provisions
``SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act, each local educational agency receiving
assistance under this Act shall provide, upon a request made by
a military recruiter or an institution of higher education,
access to the name, address, and telephone listing of each
secondary school student served by the local educational
agency, unless the parent of such student has submitted the
prior consent request under paragraph (2).
``(2) Consent.--
``(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to the
local educational agency, that the student's name,
address, and telephone listing not be released for
purposes of paragraph (1) without prior written consent
of the parent. Upon receiving such request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes
without the prior written consent of the parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the
students served by the agency of the option to make a
request described in subparagraph (A).
``(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall provide
military recruiters the same access to secondary school
students as is provided generally to institutions of higher
education or to prospective employers of those students.
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a local
educational agency to withhold access to a student's name,
address, and telephone listing from a military recruiter or
institution of higher education by implementing an opt-in
process or any other process other than the written consent
request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained 18 years of age, the permission
or consent required of and the rights accorded to the parents
of the student shall only be required of and accorded to the
student.
``(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date of
enactment of the Student Success Act, notify school leaders, school
administrators, and other educators about the requirements of this
section.
``(c) Exception.--The requirements of this section do not apply to
a private secondary school that maintains a religious objection to
service in the Armed Forces if the objection is verifiable through the
corporate or other organizational documents or materials of that
school.
``SEC. 5542. RULEMAKING.
``The Secretary shall issue regulations under this Act as
prescribed under section 1401 only to the extent that such regulations
are necessary to ensure that there is compliance with the specific
requirements and assurances required by this Act.
``SEC. 5543. PEER REVIEW.
``(a) In General.--If the Secretary uses a peer review panel to
evaluate an application for any program required under this Act, the
Secretary shall conduct the panel in accordance with this section.
``(b) Makeup.--The Secretary shall--
``(1) solicit nominations for peers to serve on the panel
from States that are--
``(A) practitioners in the subject matter; or
``(B) experts in the subject matter; and
``(2) select the peers from such nominees, except that
there shall be at least 75 percent practitioners on each panel
and in each group formed from the panel.
``(c) Guidance.--The Secretary shall issue the peer review guidance
concurrently with the notice of the grant.
``(d) Reporting.--The Secretary shall--
``(1) make the names of the peer reviewers available to the
public before the final deadline for the application of the
grant;
``(2) make the peer review notes publically available once
the review has concluded; and
``(3) make any deviations from the peer reviewers'
recommendations available to the public with an explanation of
the deviation.
``(e) Applicant Reviews.--An applicant shall have an opportunity
within 30 days to review the peer review notes and appeal the score to
the Secretary prior to the Secretary making any final determination.
``(f) Prohibition.--The Secretary, and the Secretary's staff, may
not attempt to participate in, or influence, the peer review process.
No Federal employee may participate in, or attempt to influence the
peer review process, except to respond to questions of a technical
nature, which shall be publicly reported.
``SEC. 5544. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program funded under part B of title III. The
local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this Act, other than classroom instruction.
``SEC. 5548. SEVERABILITY.
``If any provision of this Act is held invalid, the remainder of
this Act shall be unaffected thereby.
``SEC. 5551. DEPARTMENT STAFF.
``The Secretary shall--
``(1) not later than 60 days after the date of the
enactment of the Student Success Act, identify the number of
Department employees who worked on or administered each
education program and project authorized under this Act, as
such program or project was in effect on the day before such
enactment date, and publish such information on the
Department's website;
``(2) not later than 60 days after such enactment date,
identify the number of full-time equivalent employees who work
on or administer programs or projects authorized under this
Act, as in effect on the day before such enactment date, that
have been eliminated or consolidated since such date;
``(3) not later than 1 year after such enactment date,
reduce the workforce of the Department by the number of full-
time equivalent employees the Department calculated under
paragraph (2); and
``(4) not later than 1 year after such enactment date,
report to the Congress on--
``(A) the number of employees associated with each
program or project authorized under this Act
administered by the Department;
``(B) the number of full-time equivalent employees
who were determined to be associated with eliminated or
consolidated programs or projects under paragraph (2);
``(C) how the Secretary reduced the number of
employees at the Department under paragraph (3);
``(D) the average salary of the employees described
in subparagraph (B) whose positions were eliminated;
and
``(E) the average salary of the full-time
equivalent employees who work on or administer a
program or project authorized under this Act by the
Department, disaggregated by employee function with
each such program or project.
``SEC. 5552. CRIMINAL BACKGROUND CHECKS.
``(a) Condition of Receipt of Funds.--A local educational agency or
State educational agency shall be ineligible for funds under this Act
if such agency--
``(1) employs an individual who--
``(A) refuses to consent to a criminal background
check that includes--
``(i) a search of the State criminal
registry or repository in the State where the
individual resides and each State where such
individual previously resided;
``(ii) a search of State-based child abuse
and neglect registries and databases in the
State where the individual resides and each
State where such individual previously resided;
``(iii) a search of the National Crime
Information Center;
``(iv) a Federal Bureau of Investigation
fingerprint check using the Integrated
Automated Fingerprint Identification System;
and
``(v) a search of the National Sex Offender
Registry established under the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.);
``(B) makes a false statement in connection with
such criminal background check;
``(C) is registered or is required to be registered
on a State sex offender registry or the National Sex
Offender Registry established under the Adam Walsh
Child Protection and Safety Act of 2006 (42 U.S.C.
16901 et seq.); or
``(D) has been convicted of a felony consisting
of--
``(i) homicide;
``(ii) child abuse or neglect;
``(iii) a crime against children, including
child pornography;
``(iv) domestic violence;
``(v) a crime involving rape or sexual
assault;
``(vi) kidnapping;
``(vii) arson; or
``(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is 5 years before the date of the
individual's criminal background check under
this section; or
``(2) knowingly facilitates the transfer of an employee if
the agency knows, or has probable cause to believe, that the
employee engaged in sexual misconduct with a student.
``(b) Fees for Background Checks.--The Attorney General or a State
may charge any applicable fees for conducting a criminal background
check under this section.
``Subpart 4--Restoration of State Sovereignty Over Public Education and
Parental Rights Over the Education of Their Children
``SEC. 5561. STATES TO RETAIN RIGHTS AND AUTHORITIES THEY DO NOT
EXPRESSLY WAIVE.
``(a) Retention of Rights and Authorities.--No officer, employee,
or other authority of the Secretary shall enforce against an authority
of a State, nor shall any authority of a State have any obligation to
obey, any requirement imposed as a condition of receiving assistance
under a grant program established under this Act, nor shall such
program operate within a State, unless the legislature of that State
shall have by law expressly approved that program and, in doing so,
have waived the State's rights and authorities to act inconsistently
with any requirement that might be imposed by the Secretary as a
condition of receiving that assistance.
``(b) Amendment of Terms of Receipt of Federal Financial
Assistance.--An officer, employee, or other authority of the Secretary
may release assistance under a grant program established under this Act
to a State only after the legislature of the State has by law expressly
approved the program (as described in subsection (a)). This approval
may be accomplished by a vote to affirm a State budget that includes
the use of such Federal funds and any such State budget must expressly
include any requirement imposed as a condition of receiving assistance
under a grant program established under this Act so that by approving
the budget, the State legislature is expressly approving the grant
program and, in doing so, waiving the State's rights and authorities to
act inconsistently with any requirement that might be imposed by the
Secretary as a condition of receiving that assistance.
``(c) Special Rule for States With Biennial Legislatures.--In the
case of a State with a biennial legislature--
``(1) during a year in which the State legislature does not
meet, subsections (a) and (b) shall not apply; and
``(2) during a year in which the State legislature meets,
subsections (a) and (b) shall apply, and, with respect to any
grant program established under this Act during the most recent
year in which the State legislature did not meet, the State may
by law expressly disapprove the grant program, and, if such
disapproval occurs, an officer, employee, or other authority of
the Secretary may not release any additional assistance to the
State under that grant program.
``(d) Definition of State Authority.--As used in this section, the
term `authority of a State' includes any administering agency of the
State, any officer or employee of the State, and any local government
authority of the State.
``(e) Effective Date.--This section applies in each State beginning
on the 90th day after the end of the first regular session of the
legislature of that State that begins 5 years after the date of the
enactment of the Student Success Act and shall continue to apply in
subsequent years until otherwise provided by law.
``SEC. 5562. DEDICATION OF SAVINGS TO DEFICIT REDUCTION.
``Notwithstanding any formula reallocations stipulated under the
Student Success Act, any funds under such Act not allocated to a State
because a State did not affirmatively agree to the receipt of such
funds shall not be reallocated among the States.
``SEC. 5563. DEFINITION OF STATE WITH BIENNIAL LEGISLATURE.
``In this Act, the term `State with a biennial legislature' means a
State the legislature of which meets every other year.
``SEC. 5564. INTENT OF CONGRESS.
``It is the intent of Congress that other than the terms and
conditions expressly approved by State law under the terms of this
subpart, control over public education and parental rights to control
the education of their children are vested exclusively within the
autonomous zone of independent authority reserved to the States and
individual Americans by the United States Constitution, other than the
Federal Government's undiminishable obligation to enforce minimum
Federal standards of equal protection and due process.
``PART F--EVALUATIONS
``SEC. 5601. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in subsections (c)
and (d), the Secretary may reserve not more than 0.5 percent of the
amount appropriated to carry out each categorical program authorized
under this Act. The reserved amounts shall be used by the Secretary,
acting through the Director of the Institute of Education Sciences--
``(1) to conduct--
``(A) comprehensive evaluations of the program or
project; and
``(B) studies of the effectiveness of the program
or project and its administrative impact on schools and
local educational agencies;
``(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs assisted
or authorized under this Act and related Federal preschool,
elementary, and secondary programs under any other Federal law;
and
``(3) to increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress of the
program or project by improving the quality, timeliness,
efficiency, and use of information relating to performance
under the program or project.
``(b) Required Plan.--The Secretary, acting through the Director of
the Institute of Education Sciences, may use the reserved amount under
subsection (a) only after completion of a comprehensive, multi-year
plan--
``(1) for the periodic evaluation of each of the major
categorical programs authorized under this Act, and as
resources permit, the smaller categorical programs authorized
under this Act;
``(2) that shall be developed and implemented with the
involvement of other officials at the Department, as
appropriate; and
``(3) that shall not be finalized until--
``(A) the publication of a notice in the Federal
Register seeking public comment on such plan and after
review by the Secretary of such comments; and
``(B) the plan is submitted for comment to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate and after
review by the Secretary of such comments.
``(c) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program authorized
under title I.
``(d) Evaluation Activities Authorized Elsewhere.--If, under any
other provision of this Act (other than title I), funds are authorized
to be reserved or used for evaluation activities with respect to a
program or project, the Secretary may not reserve additional funds
under this section for the evaluation of that program or project.''.
(b) Technical Amendments.--
(1) Title ix.--
(A) Subpart 1 of part e of title v.--
(i) Transfer and redesignation.--Sections
9504 through 9506 (20 U.S.C. 7884, 7885, and
7886) are--
(I) transferred to title V, as
amended by subsection (a) of this
section;
(II) inserted after section 5503 of
such title; and
(III) redesignated as sections 5504
through 5506, respectively.
(ii) Amendments.--Section 5504 (as so
redesignated) is amended--
(I) in subsection (a)(1)(A), by
striking ``section 9502'' and inserting
``section 5502'';
(II) in subsection (b), by striking
``section 9501'' and inserting
``section 5501''; and
(III) in subsection (d), by
striking ``No Child Left Behind Act of
2001'' and inserting ``Student Success
Act''.
(B) Subpart 2 of part e of title v.--
(i) Transfer and redesignation.--Sections
9531, 9533, and 9534 (20 U.S.C. 7911, 7913, and
7914) are--
(I) transferred to title V, as
amended by subparagraph (A) of this
paragraph;
(II) inserted after section 5525 of
such title; and
(III) redesignated as sections 5526
through 5528, respectively.
(ii) Amendments.--Section 5528 (as so
redesignated) is amended--
(I) by striking ``(a) In General.--
Nothing'' and inserting ``Nothing'';
and
(II) by striking subsection (b).
(C) Subpart 3 of part e of title v.--Sections 9523,
9524, and 9525 (20 U.S.C. 7903, 7904, and 7905) are--
(i) transferred to title V, as amended by
subparagraph (B) of this paragraph;
(ii) inserted after section 5544 of such
title; and
(iii) redesignated as sections 5545 through
5547, respectively.
(2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151 and
7161) are--
(A) transferred to title V, as amended by paragraph
(1) of this subsection;
(B) inserted after section 5548 (as so redesignated
by paragraph (1)(C)(iii) of this subsection); and
(C) redesignated as sections 5549 and 5550,
respectively.
SEC. 502. REPEAL.
Title IX (20 U.S.C. 7801 et seq.), as amended by section 501(b)(1)
of this title, is repealed.
SEC. 503. OTHER LAWS.
Beginning on the date of the enactment of this Act, any reference
in law to the term ``highly qualified'' as defined in section 9101 of
the Elementary and Secondary Education Act of 1965 shall be treated as
a reference to such term under section 9101 of the Elementary and
Secondary Education Act of 1965 as in effect on the day before the date
of the enactment of this Act.
SEC. 504. AMENDMENT TO IDEA.
Section 602 of the Individuals with Disabilities Education Act (20
U.S.C. 1401) is amended by striking paragraph (10).
TITLE VI--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
SEC. 601. THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION.
Title VI of the Act (20 U.S.C. 7301 et seq.) is amended to read as
follows:
``TITLE VI--THE FEDERAL GOVERNMENT'S TRUST RESPONSIBILITY TO AMERICAN
INDIAN, ALASKA NATIVE, AND NATIVE HAWAIIAN EDUCATION
``Part A--Indian Education
``SEC. 6101. STATEMENT OF POLICY.
``It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with, and
responsibility to, the Indian people for the education of Indian
children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities toward the goal of ensuring that
programs that serve Indian children are of the highest quality and
provide for not only the basic elementary and secondary educational
needs, but also the unique educational and culturally related academic
needs of these children.
``SEC. 6102. PURPOSE.
``It is the purpose of this part to support the efforts of local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities--
``(1) to meet the unique educational and culturally related
academic needs of American Indian and Alaska Native students,
so that such students can meet State student academic
achievement standards;
``(2) to ensure that Indian and Alaskan Native students
gain knowledge and understanding of Native communities,
languages, tribal histories, traditions, and cultures; and
``(3) to ensure that school leaders, teachers, and other
staff who serve Indian and Alaska Native students have the
ability to provide culturally appropriate and effective
instruction to such students.
``Subpart 1--Formula Grants to Local Educational Agencies
``SEC. 6111. PURPOSE.
``It is the purpose of this subpart to support the efforts of local
educational agencies, Indian tribes and organizations, and other
entities to improve the academic achievement of American Indian and
Alaska Native students by providing for their unique cultural,
language, and educational needs and ensuring that they are prepared to
meet State academic standards.
``SEC. 6112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
``(a) In General.--In accordance with this section and section
6113, the Secretary may make grants from allocations made under section
6113, to--
``(1) local educational agencies;
``(2) Indian tribes;
``(3) Indian organizations; and
``(4) Alaska Native Organizations
``(b) Local Educational Agencies.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this subpart for any fiscal
year if the number of Indian children eligible under section
6117 who were enrolled in the schools of the agency, and to
whom the agency provided free public education, during the
preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the
total number of individuals enrolled in the schools of
such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall
not apply in Alaska, California, or Oklahoma, or with respect
to any local educational agency located on, or in proximity to,
an Indian reservation.
``(c) Indian Tribes, Indian Organizations, Alaska Native
Organizations, and Consortia.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this subpart does not
establish a committee under section 6114(c)(4) for such grant,
an Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities that represents
not less than one-third of the eligible Indian or Alaska Native
children who are served by such local educational agency may
apply for such grant.
``(2) Special rule.--
``(A) In general.--The Secretary shall treat each
Indian tribe, Indian organization, Alaska Native
Organization, or consortium of such entities applying
for a grant pursuant to paragraph (1) as if such
applicant were a local educational agency for purposes
of this subpart.
``(B) Exceptions.--Notwithstanding subparagraph
(A), such Indian tribe, Indian organization, Alaska
Native Organization, or consortium of such entities
shall not be subject to the requirements of section
6114(c)(5), 6118(c), or 6119.
``(3) Eligibility.--If more than 1 applicant qualifies to
apply for a grant under paragraph (1), the entity that
represents the most eligible Indian and Alaska Native children
who are served by the local educational agency shall be
eligible to receive the grant or the applicants may apply in
consortium and jointly operate a program.
``(d) Indian and Alaska Native Community-Based Organizations.--
``(1) In general.--If no local educational agency pursuant
to subsection (b), and no Indian tribe, tribal organization,
Alaska Native Organization, or consortium pursuant to
subsection (c), applies for a grant under this subpart, Indian
and Alaska Native community-based organizations serving the
community of the local educational agency may apply for the
grant.
``(2) Applicability of special rule.--The Secretary shall
apply the special rule in subsection (c)(2) to a community-
based organization applying or receiving a grant under
paragraph (1) in the same manner as such rule applies to an
Indian tribe, Indian organization, Alaska Native Organization,
or consortium.
``(3) Definition of indian and alaska native community-
based organizations.--In this subsection, the term `Indian and
Alaska Native community-based organizations' means any
organizations that--
``(A) are composed primarily of the family members
of Indian or Alaska Native students, Indian or Alaska
Native community members, tribal government education
officials, and tribal members from a specific
community;
``(B) assist in the social, cultural, and
educational development of Indians or Alaska Natives in
such community;
``(C) meet the unique cultural, language, and
academic needs of Indian or Alaska Native students; and
``(D) demonstrate organizational and administrative
capacity to effectively manage the grant.
``SEC. 6113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under this
subpart an amount equal to the product of--
``(A) the number of Indian children who are
eligible under section 6117 and served by such agency;
and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which such agency is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation otherwise determined under this section in
accordance with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 6112, and a
school that is operated or supported by the Bureau of Indian
Education that is eligible for a grant under subsection (d),
that submits an application that is approved by the Secretary,
shall, subject to appropriations, receive a grant under this
subpart in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under this
subpart.
``(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for all
grantees if the Secretary determines such increase is necessary
to ensure the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the term
`average per pupil expenditure', used with respect to a State, means an
amount equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Education.--
``(1) In general.--Subject to subsection (e), in addition
to the grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
``(A) the total number of Indian children enrolled
in schools that are operated by--
``(i) the Bureau of Indian Education; or
``(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe
under a contract with, or grant from, the
Department of the Interior under the Indian
Self-Determination Act or the Tribally
Controlled Schools Act of 1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which the school is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this subpart
shall submit an application in accordance with section 6114,
and shall otherwise be treated as a local educational agency
for the purpose of this subpart, except that such school shall
not be subject to section 6114(c)(5), section 6118(c), or
section 6119.
``(e) Ratable Reductions.--If the sums appropriated for any fiscal
year to carry out this subpart are insufficient to pay in full the
amounts determined for local educational agencies under subsection
(a)(1) and for the Secretary of the Interior under subsection (d), each
of those amounts shall be ratably reduced.
``SEC. 6114. APPLICATIONS.
``(a) Application Required.--Each local educational agency that
desires to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application submitted
under subsection (a) shall include a description of a comprehensive
program for meeting the needs of Indian and Alaska Native children
served by the local educational agency, including the language and
cultural needs of the children, that--
``(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related academic
needs of American Indian and Alaska Native students;
``(2)(A) is consistent with the State, tribal, and local
plans submitted under other provisions of this Act; and
``(B) includes academic content and student
academic achievement goals for such children, and
benchmarks for attaining such goals, that are based on
State academic content and student academic achievement
standards adopted under title I for all children;
``(3) explains how the local educational agency will use
the funds made available under this subpart to supplement other
Federal, State, and local programs that serve such students;
``(4) demonstrates how funds made available under this
subpart will be used for activities described in section 6115;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers and other school professionals who
are new to the Indian or Alaska Native community are
prepared to work with Indian and Alaska Native
children;
``(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained
to carry out such programs; and
``(C) those family members of Indian and Alaska
Native children and representatives of tribes who are
on the committee described in (c)(5) will participate
in the planning of professional development materials;
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all
Indian children enrolled in the schools of the local
educational agency, including Indian children who do
not participate in programs assisted under this
subpart, in meeting the goals described in paragraph
(2);
``(B) will provide the results of each assessment
referred to in subparagraph (A) to--
``(i) the committee described in subsection
(c)(5);
``(ii) the community served by the local
educational agency; and
``(iii) the tribes whose children are
served by the local educational agency;
``(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A); and
``(7) explicitly delineates--
``(A) a formal, collaborative process that the
local educational agency used to directly involve
tribes, Indian organizations, or Alaska Native
Organizations in the development of the comprehensive
programs and the results of such process; and
``(B) how the local educational agency plans to
ensure that tribes, Indian organizations, or Alaska
Native Organizations will play an active, meaningful,
and ongoing role in the functioning of the
comprehensive programs.
``(c) Assurances.--Each application submitted under subsection (a)
shall include assurances that--
``(1) the local educational agency will use funds received
under this subpart only to supplement the funds that, in the
absence of the Federal funds made available under this subpart,
such agency would make available for services described in this
subsection, and not to supplant such funds;
``(2) the local educational agency will use funds received
under this subpart only for activities described and authorized
under this subpart;
``(3) the local educational agency will prepare and submit
to the Secretary such reports, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the functions of the Secretary
under this subpart; and
``(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are effective in
improving the educational achievement of Indian and
Alaska Native students served by such agency; and
``(C) determine the extent to which such activities
address the unique cultural, language, and educational
needs of Indian students;
``(4) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment
and prioritization of the unique educational and
culturally related academic needs of the American
Indian and Alaska Native students for whom the local
educational agency is providing an education;
``(B) will use the best available talents and
resources, including individuals from the Indian or
Alaska Native community; and
``(C) was developed by such agency in open
consultation with the families of Indian or Alaska
Native children, Indian or Alaska Native teachers,
Indian or Alaska Native students from secondary
schools, and representatives of tribes, Indian
organizations, or Alaska Native Organizations in the
community including through public hearings held by
such agency to provide to the individuals described in
this subparagraph a full opportunity to understand the
program and to offer recommendations regarding the
program;
``(5) the local educational agency developed the program
with the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) family members of Indian and Alaska
Native children that are attending the local
educational agency's schools;
``(ii) teachers in the schools; and
``(iii) Indian and Alaska Native students
attending secondary schools of the agency;
``(B) a majority of whose members are family
members of Indian and Alaska Native children that are
attending the local educational agency's schools;
``(C) that has set forth such policies and
procedures, including policies and procedures relating
to the hiring of personnel, as will ensure that the
program for which assistance is sought will be operated
and evaluated in consultation with, and with the
involvement of, parents of the children, and
representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 6115(c),
that has--
``(i) reviewed in a timely fashion the
program;
``(ii) determined that the program will not
diminish the availability of culturally related
activities for American Indian and Alaska
Native students; and
``(iii) will directly enhance the
educational experience of American Indian and
Alaska Native students; and
``(E) that has adopted reasonable bylaws for the
conduct of the activities of the committee and abides
by such bylaws; and
``(6) the local educational agency conducted adequate
outreach to family members to meet the requirements under
subsection (c)(5).
``SEC. 6115. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this subpart shall use the grant funds, in a
manner consistent with the purpose specified in section 6111, for
services and activities that--
``(1) are designed to carry out the comprehensive program
of the local educational agency for Indian students, and
described in the application of the local educational agency
submitted to the Secretary under section 6114(a) solely for the
services and activities described in such application;
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities referred
to in subsection (a) may include--
``(1) activities that support Native American language
immersion programs and Native American language restoration
programs, which may be taught by traditional leaders;
``(2) culturally related activities that support the
program described in the application submitted by the local
educational agency;
``(3) early childhood and family programs that emphasize
school readiness;
``(4) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of challenging State academic content and student
academic achievement standards;
``(5) integrated educational services in combination with
other programs including programs that enhance student
achievement by promoting increased involvement of parents and
families in school activities;
``(6) career preparation activities to enable Indian
students to participate in programs such as the programs
supported by the Carl D. Perkins Career and Technical Education
Improvement Act of 2006, including programs for tech-prep
education, mentoring, and apprenticeship;
``(7) activities to educate individuals so as to prevent
violence, suicide, and substance abuse;
``(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve the
purpose described in section 6111;
``(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies into the
educational program of the local educational agency;
``(10) activities that incorporate culturally and
linguistically relevant curriculum content into classroom
instruction that is responsive to the unique learning styles of
Indian and Alaska Native children and ensures that children are
better able to meet State standards;
``(11) family literacy services;
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and seniors;
``(13) dropout prevention strategies for Indian and Alaska
Native students; and
``(14) strategies to meet the educational needs of at-risk
Indian students in correctional facilities, including such
strategies that support Indian and Alaska Native students who
are transitioning from such facilities to schools served by
local educational agencies.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
law, a local educational agency may use funds made available to such
agency under this subpart to support a schoolwide program under section
1114 if--
``(1) the committee established pursuant to section
6114(c)(5) approves the use of the funds for the schoolwide
program;
``(2) the schoolwide program is consistent with the purpose
described in section 6111; and
``(3) the local educational agency identifies in its
application how the use of such funds in a schoolwide program
will produce benefits to the American Indian and Alaska Native
students that would not be achieved if the funds were not used
in a schoolwide program.
``(d) Limitation on Administrative Costs.--Not more than 5 percent
of the funds provided to a grantee under this subpart for any fiscal
year may be used for administrative purposes.
``(e) Limitation on the Use of Funds.--Funds provided to a grantee
under this subpart may not be used for long-distance travel expenses
for training activities available locally or regionally.
``SEC. 6116. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education and
related services provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an acceptable
plan under subsection (a), the Secretary, in cooperation with each
Federal agency providing grants for the provision of education and
related services to the entity, shall authorize the entity to
consolidate, in accordance with such plan, the federally funded
education and related services programs of the entity and the Federal
programs, or portions of the programs, serving Indian students in a
manner that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative costs by
consolidating administrative functions.
``(c) Programs Affected.--The funds that may be consolidated in a
demonstration project under any such plan referred to in subsection (a)
shall include funds for any Federal program exclusively serving Indian
children, or the funds reserved under any Federal program to
exclusively serve Indian children, under which the entity is eligible
for receipt of funds under a statutory or administrative formula for
the purposes of providing education and related services that would be
used to serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable pursuant to
subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in a
demonstration project;
``(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this subpart;
``(4) describe the way in which services are to be
integrated and delivered and the results expected from the
plan;
``(5) identify the projected expenditures under the plan in
a single budget;
``(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need to be
waived in order to implement the plan;
``(8) set forth measures for academic content and student
academic achievement goals designed to be met within a specific
period of time; and
``(9) be approved by a committee formed in accordance with
section 6114(c)(5), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each Federal
department providing funds to be used to implement the plan, and with
the entity submitting the plan. The parties so consulting shall
identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to enable
the entity to implement the plan. Notwithstanding any other provision
of law, the Secretary of the affected department shall have the
authority to waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the entity or
department, unless the Secretary of the affected department determines
that such a waiver is inconsistent with the objectives of this subpart
or those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the entity,
in writing, of the Secretary's approval or disapproval of the plan. If
the plan is disapproved, the entity shall be informed, in writing, of
the reasons for the disapproval and shall be given an opportunity to
amend the plan or to petition the Secretary to reconsider such
disapproval.
``(g) Responsibilities of Department of Education.--Not later than
180 days after the date of enactment of the Student Success Act of
2013, the Secretary of Education, the Secretary of the Interior, the
Secretary of the Department of Health and Human Services, and the head
of any other Federal department or agency identified by the Secretary
of Education, shall enter into an interdepartmental memorandum of
agreement providing for the implementation and coordination of the
demonstration projects authorized under this section. The lead agency
head for a demonstration project under this section shall be--
``(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``(h) Responsibilities of Lead Agency.--The responsibilities of the
lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project, which shall be used by an eligible
entity to report on the activities undertaken under the
project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal
oversight for the project, which shall be implemented by the
lead agency; and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of this
section. Such report format shall require that reports described in
subsection (h), together with records maintained on the consolidated
program at the local level, shall contain such information as will
allow a determination that the eligible entity has complied with the
requirements incorporated in its approved plan, including making a
demonstration of student academic achievement, and will provide
assurances to each Secretary that the eligible entity has complied with
all directly applicable statutory requirements and with those directly
applicable regulatory requirements that have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment of this
section.
``(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide for an
interagency transfer of funds otherwise available to an eligible entity
in order to further the objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to allow for
a determination that funds from a specific program are spent on
allowable activities authorized under such program, except that
the eligible entity shall determine the proportion of the funds
granted that shall be allocated to such program.
``(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible entity to
maintain separate records tracing any services or activities
conducted under the approved plan to the individual programs
under which funds were authorized for the services or
activities, nor shall the eligible entity be required to
allocate expenditures among such individual programs.
``(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall be
entitled to the full amount of such funds (under each program's or
agency's regulations). The overage (defined as the difference between
the amount of the commingled funds and the actual administrative cost
of the programs) shall be considered to be properly spent for Federal
audit purposes, if the overage is used for the purposes provided for
under this section.
``(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary or the
lead agency to fulfill the responsibilities for the safeguarding of
Federal funds pursuant to chapter 75 of title 31, United States Code.
``(o) Report on Statutory Obstacles to Program Integration.--
``(1) Preliminary report.--Not later than 2 years after the
date of enactment of the Student Success Act of 2013, the
Secretary of Education shall submit a preliminary report to the
Committee on Education and the Workforce and the Committee on
Natural Resources of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and the
Committee on Indian Affairs of the Senate on the status of the
implementation of the demonstration projects authorized under
this section.
``(2) Final report.--Not later than 5 years after the date
of enactment of the Student Success Act of 2013, the Secretary
of Education shall submit a report to the Committee on
Education and the Workforce and the Committee on Natural
Resources of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate on the results of the
implementation of the demonstration projects authorized under
this section. Such report shall identify statutory barriers to
the ability of participants to integrate more effectively their
education and related services to Indian students in a manner
consistent with the objectives of this section.
``(p) Definitions.--For the purposes of this section, the term
`Secretary' means--
``(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant school
under title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``SEC. 6117. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part of an
application for a grant under this subpart, each applicant shall
maintain a file, with respect to each Indian child for whom the local
educational agency provides a free public education, that contains a
form that sets forth information establishing the status of the child
as an Indian child eligible for assistance under this subpart, and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--The form described in subsection (a) shall include--
``(1) either--
``(A)(i) the name of the tribe or band of Indians
(as defined in section 6151) with respect to which the
child claims membership;
``(ii) the enrollment or membership number
establishing the membership of the child (if readily
available); and
``(iii) the name and address of the organization
that maintains updated and accurate membership data for
such tribe or band of Indians; or
``(B) the name, the enrollment or membership number
(if readily available), and the name and address of the
organization responsible for maintaining updated and
accurate membership data, of any parent or grandparent
of the child from whom the child claims eligibility
under this subpart, if the child is not a member of the
tribe or band of Indians (as so defined);
``(2) a statement of whether the tribe or band of Indians
(as so defined), with respect to which the child, or parent or
grandparent of the child, claims membership, is federally
recognized;
``(3) the name and address of the parent or legal guardian
of the child;
``(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
``(5) any other information that the Secretary considers
necessary to provide an accurate program profile.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 6151.
``(d) Documentation and Types of Proof.--
``(1) Types of proof.--For purposes of determining whether
a child is eligible to be counted for the purpose of computing
the amount of a grant award under section 6113, the membership
of the child, or any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of such tribe
or band. Nothing in subsection (b) shall be construed to
require the furnishing of an enrollment number.
``(2) No new or duplicative determinations.--Once a child
is determined to be an Indian eligible to be counted for such
grant award, the local education agency shall maintain a record
of such determination and shall not require a new or duplicate
determination to be made for such child for a subsequent
application for a grant under this subpart.
``(3) Previously filed forms.--An Indian student
eligibility form that was on file as required by this section
on the day before the date of enactment of the Student Success
Act of 2013 and that met the requirements of this section, as
this section was in effect on the day before the date of
enactment of such Act, shall remain valid for such Indian
student.
``(e) Monitoring and Evaluation Review.--
``(1) In general.--
``(A) Review.--For each fiscal year, in order to
provide such information as is necessary to carry out
the responsibility of the Secretary to provide
technical assistance under this subpart, the Secretary
shall conduct a monitoring and evaluation review of a
sampling of the recipients of grants under this
subpart. The sampling conducted under this subparagraph
shall take into account the size of and the geographic
location of each local educational agency.
``(B) Exception.--A local educational agency may
not be held liable to the United States or be subject
to any penalty, by reason of the findings of an audit
that relates to the date of completion, or the date of
submission, of any forms used to establish, before
April 28, 1988, the eligibility of a child for an
entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant under
this subpart shall--
``(A) be ineligible to apply for any other grant
under this subpart; and
``(B) be liable to the United States for any funds
from the grant that have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of a
grant under section 6113.
``(f) Tribal Grant and Contract Schools.--Notwithstanding any other
provision of this section, in calculating the amount of a grant under
this subpart to a tribal school that receives a grant or contract from
the Bureau of Indian Education, the Secretary shall use only one of the
following, as selected by the school:
``(1) A count of the number of students in the schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(g) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a local
educational agency's grant under this subpart (other than in the case
described in subsection (f)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those
children, if that date or period occurs before the deadline
established by the Secretary for submitting an application
under section 6114; and
``(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency on
that date or during that period, as the case may be.
``SEC. 6118. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that submits an
application that is approved by the Secretary under this subpart the
amount determined under section 6113. The Secretary shall notify the
local educational agency of the amount of the payment not later than
June 1 of the year for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The Secretary may
not make a grant under this subpart to a local educational agency for a
fiscal year if, for such fiscal year, the State in which the local
educational agency is located takes into consideration payments made
under this chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State aid, with
respect to the free public education of children during such fiscal
year or the preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
``(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award determined
under section 6113 for any fiscal year unless the State
educational agency notifies the Secretary, and the Secretary
determines, that with respect to the provision of free public
education by the local educational agency for the preceding
fiscal year, the combined fiscal effort of the local
educational agency and the State, computed on either a per
student or aggregate expenditure basis, was not less than 90
percent of the amount of the combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
``(2) Failure to maintain effort.--If, for the preceding
fiscal year, the Secretary determines that a local educational
agency and State failed to maintain the combined fiscal effort
for such agency at the level specified in paragraph (1), the
Secretary shall--
``(A) reduce the amount of the grant that would
otherwise be made to such agency under this subpart in
the exact proportion of the failure to maintain the
fiscal effort at such level; and
``(B) not use the reduced amount of the agency and
State expenditures for the preceding year to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that
would have been required to comply with paragraph (1).
``(3) Waiver.--
``(A) In general.--The Secretary may waive the
requirement of paragraph (1) for a local educational
agency, for not more than 1 year at a time, if the
Secretary determines that the failure to comply with
such requirement is due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
agency's financial resources.
``(B) Future determinations.--The Secretary shall
not use the reduced amount of the agency's expenditures
for the fiscal year preceding the fiscal year for which
a waiver is granted to determine compliance with
paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of
the waiver.
``(d) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose of this
subpart, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this subpart; or
``(2) otherwise become available for reallocation under
this subpart.
``SEC. 6119. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under section
6114, a local educational agency shall submit the application to the
State educational agency, which may comment on such application. If the
State educational agency comments on the application, the agency shall
comment on all applications submitted by local educational agencies in
the State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
``Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children and Youth
``SEC. 6121. SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN AND YOUTH.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children and youth.
``(2) Coordination.--The Secretary shall take the necessary
actions to achieve the coordination of activities assisted
under this subpart with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the
benefit of American Indian and Alaska Native children
and youth.
``(b) Eligible Entities.--In this section, the term `eligible
entity' means a State educational agency, local educational agency,
Indian tribe, Indian organization, federally supported elementary
school or secondary school for Indian students, Indian institution
(including an Indian institution of higher education), Alaska Native
Organization, or a consortium of such entities.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose of this section, including--
``(A) innovative programs related to the
educational needs of educationally disadvantaged
children and youth;
``(B) educational services that are not available
to such children and youth in sufficient quantity or
quality, including remedial instruction, to raise the
achievement of Indian and Alaska Native children in one
or more of the core academic subjects of English,
mathematics, science, foreign languages, art, history,
and geography;
``(C) bilingual and bicultural programs and
projects;
``(D) special health and nutrition services, and
other related activities, that address the special
health, social, emotional, and psychological problems
of Indian children;
``(E) special compensatory and other programs and
projects designed to assist and encourage Indian
children to enter, remain in, or reenter school, and to
increase the rate of high school graduation for Indian
children;
``(F) comprehensive guidance, counseling, and
testing services;
``(G) high quality early childhood education
programs that are effective in preparing young children
to make sufficient academic growth by the end of grade
3, including kindergarten and pre-kindergarten
programs, family-based preschool programs that
emphasize school readiness, screening and referral, and
the provision of services to Indian children and youth
with disabilities;
``(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students to
enroll in courses at the postsecondary level to aid
such students in the transition from secondary to
postsecondary education;
``(I) partnership projects between schools and
local businesses for career preparation programs
designed to provide Indian youth with the knowledge and
skills such youth need to make an effective transition
from school to a high-skill, high-wage career;
``(J) programs designed to encourage and assist
Indian students to work toward, and gain entrance into,
an institution of higher education;
``(K) family literacy services;
``(L) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors;
``(M) high quality professional development of
teaching professionals and paraprofessionals; or
``(N) other services that meet the purpose
described in this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make multiyear
grants under subsection (c) for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not
to exceed 5 years.
``(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary shall give
priority to entities submitting applications that
present a plan for combining two or more of the
activities described in subsection (c) over a period of
more than 1 year.
``(C) Progress.--The Secretary shall make a grant
payment for a grant described in this paragraph to an
eligible entity after the initial year of the multiyear
grant only if the Secretary determines that the
eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications to such
application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1), the
Secretary may award grants under subsection (c) to
eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph if,
prior to awarding the grant, the Secretary determines
that the material or program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational merit;
and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
``(B) Contents.--Each application submitted to the
Secretary under subparagraph (A), other than an
application for a dissemination grant under paragraph
(2), shall contain--
``(i) a description of how parents of
Indian children and representatives of Indian
tribes have been, and will be, involved in
developing and implementing the activities for
which assistance is sought;
``(ii) assurances that the applicant will
participate, at the request of the Secretary,
in any national evaluation of activities
assisted under this section;
``(iii) information demonstrating that the
proposed program for the activities is a
scientifically based research program, where
applicable, which may include a program that
has been modified to be culturally appropriate
for students who will be served;
``(iv) a description of how the applicant
will incorporate the proposed activities into
the ongoing school program involved once the
grant period is over; and
``(v) such other assurances and information
as the Secretary may reasonably require.
``(e) Administrative Costs.--Not more than 5 percent of the funds
provided to a grantee under this subpart for any fiscal year may be
used for administrative purposes.
``SEC. 6122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian and Alaska
Native teachers and administrators serving Indian and Alaska
Native students;
``(2) to provide training to qualified Indian and Alaska
Native individuals to become educators and education support
service professionals; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) an institution of higher education, including an
Indian institution of higher education;
``(2) a State educational agency or local educational
agency, in consortium with an institution of higher education;
``(3) an Indian tribe or organization, in consortium with
an institution of higher education; and
``(4) a Bureau-funded school (as defined in section 1146 of
the Education Amendments of 1978).
``(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under this
section to enable those entities to carry out the activities described
in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used for activities to provide support and training for Indian
individuals in a manner consistent with the purposes of this
section. Such activities may include continuing programs,
symposia, workshops, conferences, and direct financial support,
and may include programs designed to train tribal elders and
seniors.
``(2) Special rules.--
``(A) Type of training.--For education personnel,
the training received pursuant to a grant under this
section may be inservice or preservice training.
``(B) Program.--For individuals who are being
trained to enter any field other than teaching, the
training received pursuant to a grant under this
section shall be in a program that results in a
graduate degree.
``(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information, as the Secretary
may reasonably require. At a minimum
``(f) Special Rule.--In awarding grants under this section, the
Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under
this section on the basis of--
``(A) the number of previous grants the Secretary
has awarded such entity; or
``(B) the length of any period during which such
entity received such grants.
``(g) Grant Period.--Each grant under this section shall be awarded
for a period of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received
under this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the
assistance received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant recipient
under this section shall, not later than 12 months after the
date of completion of the training, and periodically
thereafter, provide information concerning compliance with the
work requirement under paragraph (1).
``SEC. 6123. TRIBAL EDUCATION AGENCIES COOPERATIVE AGREEMENTS.
``(a) Purpose.--Tribes may enter into written cooperative
agreements with the State educational agency and the local educational
agencies operating a school or schools within Indian lands. For
purposes of this section, the term `Indian land' has the meaning given
that term in section 8013.
``(b) Cooperative Agreement.--If requested by the Indian tribe, the
State educational agency or the local educational agency may enter into
a cooperative agreement with the Indian tribe. Such cooperative
agreement--
``(1) may authorize the tribe or such tribe's respective
tribal education agency to plan, conduct, consolidate, and
administer programs, services, functions, and activities, or
portions thereof, administered by the State educational agency
or the local educational agency;
``(2) may authorize the tribe or such tribe's respective
tribal education agency to reallocate funds for such programs,
services, functions, and activities, or portions thereof as
necessary; and
``(3) shall--
``(A) only confer the tribe or such tribe's
respective tribal education agency with
responsibilities to conduct activities described in
paragraph (1) such that the burden assumed by the tribe
or the tribal education agency for conducting such is
commensurate with the benefit that doing so conveys to
all parties of the agreement; and
``(B) be based solely on terms of the written
agreement decided upon by the Indian tribe and the
State educational agency or local education agency.
``(c) Disagreement.--Agreements shall only be valid if the Indian
tribe and State educational agency or local educational agency agree
fully in writing to all of the terms of the written cooperative
agreement.
``(d) Compliance With Applicable Law.--Nothing in this section
shall be construed to relieve any party to a cooperative agreement from
complying with all applicable Federal, State, local laws. State and
local educational agencies are still the ultimate responsible, liable
parties for complying with all laws and funding requirements for any
functions that are conveyed to tribes and tribal education agencies
through the cooperative agreements.
``(e) Definition.--For the purposes of this subpart, the term
`Indian Tribe' means any tribe or band that is officially recognized by
the Secretary of the Interior.
``Subpart 3--National Activities
``SEC. 6131. NATIONAL RESEARCH ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds made
available to carry out this subpart for each fiscal year to--
``(1) conduct research related to effective approaches for
improving the academic achievement and development of Indian
and Alaska Native children and adults;
``(2) collect and analyze data on the educational status
and needs of Indian and Alaska Native students; and
``(3) carry out other activities that are consistent with
the purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through grants to,
or contracts or cooperative agreements with, Indian tribes, Indian
organizations, State educational agencies, local educational agencies,
institutions of higher education, including Indian institutions of
higher education, and other public and private agencies and
institutions.
``(c) Coordination.--Research activities supported under this
section--
``(1) shall be coordinated with appropriate offices within
the Department; and
``(2) may include collaborative research activities that
are jointly funded and carried out by the Office of Indian
Education Programs, the Office of Educational Research and
Improvement, the Bureau of Indian Education, and the Institute
of Education Sciences.
``SEC. 6132. IMPROVEMENT OF ACADEMIC SUCCESS FOR STUDENTS THROUGH
NATIVE AMERICAN LANGUAGE.
``(a) Purpose.--It is the purpose of this section to improve
educational opportunities and academic achievement of Indian and Alaska
Native students through Native American language programs and to foster
the acquisition of Native American language.
``(b) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students, Indian
institution (including an Indian institution of higher education), or a
consortium of such entities.
``(c) Grants Authorized.--The Secretary shall award grants to
eligible entities to enable such entities to carry out the following
activities:
``(1) Native American language programs that--
``(A) provide instruction through the use of a
Native American language for not less than 10 children
for an average of not less than 500 hours per year per
student;
``(B) provide for the involvement of parents,
caregivers, and families of students enrolled in the
program;
``(C) utilize, and may include the development of,
instructional courses and materials for learning Native
American languages and for instruction through the use
of Native American languages;
``(D) provide support for professional development
activities; and
``(E) include a goal of all students achieving--
``(i) fluency in a Native American
language; and
``(ii) academic proficiency in mathematics,
English, reading or language arts, and science.
``(2) Native American language restoration programs that--
``(A) provide instruction in not less than 1 Native
American language;
``(B) provide support for professional development
activities for teachers of Native American languages;
``(C) develop instructional materials for the
programs; and
``(D) include the goal of increasing proficiency
and fluency in not less than 1 Native American
language.
``(d) Application.--
``(1) In general.--An eligible entity that desires to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require.
``(2) Certification.--An eligible entity that submits an
application for a grant to carry out the activity specified in
subsection (c)(1), shall include in such application a
certification that assures that such entity has experience and
a demonstrated record of effectiveness in operating and
administering a Native American language program or any other
educational program in which instruction is conducted in a
Native American language.
``(e) Grant Duration.--The Secretary shall make grants under this
section only on a multi-year basis. Each such grant shall be for a
period not to exceed 5 years.
``(f) Definition.--In this section, the term `average' means the
aggregate number of hours of instruction through the use of a Native
American language to all students enrolled in a Native American
language program during a school year divided by the total number of
students enrolled in the program.
``(g) Administrative Costs.--
``(1) In general.--Except as provided in paragraph (2), not
more than 5 percent of the funds provided to a grantee under
this section for any fiscal year may be used for administrative
purposes.
``(2) Exception.--An elementary school or secondary school
for Indian students that receives funds from a recipient of a
grant under subsection (c) for any fiscal year may use not more
than 10 percent of the funds for administrative purposes.
``SEC. 6133. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
``(a) In General.--The Secretary may make grants to Indian tribes,
and tribal organizations approved by Indian tribes, to plan and develop
a centralized tribal administrative entity to--
``(1) coordinate all education programs operated by the
tribe or within the territorial jurisdiction of the tribe;
``(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
``(3) provide support services and technical assistance to
schools serving children of the tribe; and
``(4) perform child-find screening services for the
preschool-aged children of the tribe to--
``(A) ensure placement in appropriate educational
facilities; and
``(B) coordinate the provision of any needed
special services for conditions such as disabilities
and English language skill deficiencies.
``(b) Period of Grant.--Each grant awarded under this section may
be awarded for a period of not more than 3 years. Such grant may be
renewed upon the termination of the initial period of the grant if the
grant recipient demonstrates to the satisfaction of the Secretary that
renewing the grant for an additional 3-year period is necessary to
carry out the objectives of the grant described in subsection
(c)(2)(A).
``(c) Application for Grant.--
``(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall submit
an application to the Secretary at such time, in such manner,
containing such information, and consistent with such criteria,
as the Secretary may prescribe in regulations.
``(2) Contents.--Each application described in paragraph
(1) shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the
grant; and
``(B) a description of the method to be used for
evaluating the effectiveness of the activities for
which assistance is sought and for determining whether
such objectives are achieved.
``(3) Approval.--The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such
application, including any documentation submitted with the
application--
``(A) demonstrates that the applicant has consulted
with other education entities, if any, within the
territorial jurisdiction of the applicant who will be
affected by the activities to be conducted under the
grant;
``(B) provides for consultation with such other
education entities in the operation and evaluation of
the activities conducted under the grant; and
``(C) demonstrates that there will be adequate
resources provided under this section or from other
sources to complete the activities for which assistance
is sought, except that the availability of such other
resources shall not be a basis for disapproval of such
application.
``(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
``Subpart 4--Federal Administration
``SEC. 6141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory Council
on Indian Education (hereafter in this section referred to as the
`Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time to
time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this part--
``(A) with respect to which the Secretary has
jurisdiction; and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council
considers appropriate for the improvement of Federal
education programs that include Indian children or
adults as participants, or that may benefit Indian
children or adults; and
``(B) recommendations concerning the funding of any
program described in subparagraph (A).
``SEC. 6142. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2 or subpart 3.
``SEC. 6143. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of higher
education under any program with respect to which Indian tribes,
organizations, and institutions are eligible to apply for grants,
contracts, or cooperative agreements.
``SEC. 6144. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart 3 unless
the application is for a grant, contract, or cooperative agreement that
is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
``(2) based on relevant research findings.
``Subpart 5--Definitions; Authorizations of Appropriations
``SEC. 6151. DEFINITIONS.
``For the purposes of this part:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the
age of compulsory school attendance under an applicable
State law.
``(2) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public
supervision and direction, and without tuition charge;
and
``(B) provided as elementary or secondary education
in the applicable State or to preschool children.
``(3) Indian.--The term `Indian' means an individual who
is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
``(i) any tribe or band terminated since
1940; and
``(ii) any tribe or band recognized by the
State in which the tribe or band resides;
``(B) a descendant, in the first or second degree,
of an individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior
to be an Indian for any purpose;
``(D) an Alaska Native, as defined in section
6206(1); or
``(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect the day preceding the date of enactment of
the Improving America's Schools Act of 1994.
``(4) Alaska native organization.--The term `Alaska Native
Organization' has the same meaning as defined in section
6206(2).
``SEC. 6152. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart 1, there
are authorized to be appropriated $98,245,425 for each of fiscal years
2014 through 2019.
``(b) Subparts 2 and 3.--For the purpose of carrying out subparts 2
and 3, there are authorized to be appropriated $33,303,534 for each of
fiscal years 2014 through 2019.
``Part B--Alaska Native Education
``SEC. 6201. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational Equity,
Support, and Assistance Act'.
``SEC. 6202. FINDINGS.
``Congress finds and declares the following:
``(1) The preservation of culture and language is critical
to the attainment of educational success, to the betterment of
the conditions, and to the long-term well-being, of Alaska
Natives. Alaska Native students must be afforded a culturally
relevant education.
``(2) It is the policy of the Federal Government to
maximize the leadership of and participation by Alaska Natives
in the planning and the management of Alaska Native education
programs and to support efforts developed by and undertaken
within the Alaska Native community to improve educational
opportunity for all students.
``(3) Many Alaska Native children enter and exit school
with serious educational disadvantages.
``(4) Overcoming the magnitude of the geographic
challenges, historical inequities, and other barriers to
successfully improving educational outcomes for Alaska Native
students in rural, village, and urban settings is challenging.
Significant disparities between academic achievement of Alaska
Native students and non-Native students continues, including
lower graduation rates, increased school dropout rates, and
lower achievement scores on standardized tests.
``(5) The preservation of Alaska Native cultures and
languages and the integration of Alaska Native cultures and
languages into education, positive identity development for
Alaska Native students, and local, place-based, and culture-
based programming are critical to the attainment of educational
success and the long-term well-being of Alaska Native students.
``(6) Improving educational outcomes for Alaska Native
students increases access to employment opportunities.
``(7) The programs and activities authorized under this
part give priority to Alaska Native organizations as a means of
increasing Alaska Native parents' and community involvement in
the promotion of academic success of Alaska Native students.
``(8) The Federal Government should lend support to efforts
developed by and undertaken within the Alaska Native community
to improve educational opportunity for Alaska Native students.
In 1983, pursuant to Public Law 98-63, Alaska ceased to receive
educational funding from the Bureau of Indian Affairs. The
Bureau of Indian Education does not operate any schools in
Alaska, nor operate or fund Alaska Native education programs.
The program under this part supports the Federal trust
responsibility of the United States to Alaska Natives.
``SEC. 6203. PURPOSES.
``The purposes of this part are as follows:
``(1) To recognize and address the unique educational needs
of Alaska Natives.
``(2) To recognize the role of Alaska Native languages and
cultures in the educational success and long-term well-being of
Alaska Native students.
``(3) To integrate Alaska Native cultures and languages
into education, develop Alaska Native students' positive
identity, and support local place-based and culture-based
curriculum and programming.
``(4) To authorize the development, management, and
expansion of effective supplemental educational programs to
benefit Alaska Natives.
``(5) To provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on meeting
the educational needs of Alaska Natives.
``(6) To ensure the maximum participation by Alaska Native
educators and leaders in the planning, development, management,
and evaluation of programs designed to serve Alaska Natives
students, and to ensure Alaska Native organizations play a
meaningful role in supplemental educational services provided
to Alaska Native students.
``SEC. 6204. PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) Grants and contracts.--The Secretary is authorized to
make grants to, or enter into contracts with, Alaska Native
organizations, State educational agencies, local educational
agencies, educational entities with experience in developing or
operating Alaska Native educational programs or programs of
instruction conducted in Alaska Native languages, cultural and
community-based organizations with experience in developing or
operating programs to benefit the educational needs of Alaska
Natives, and consortia of organizations and entities described
in this paragraph, to carry out programs that meet the purposes
of this part.
``(2) Additional requirement.--A State educational agency,
local educational agency, educational entity with experience in
developing or operating Alaska Native educational programs or
programs of instruction conducted in Alaska Native languages,
cultural and community-based organization with experience in
developing or operating programs to benefit the educational
needs of Alaska Natives, or consortium of such organizations
and entities is eligible for an award under this part only as
part of a partnership involving an Alaska Native organization.
``(3) Mandatory activities.--Activities provided through
the programs carried out under this part shall include the
following which shall only be provided specifically in the
context of elementary and secondary education:
``(A) The development and implementation of plans,
methods, and strategies to improve the education of
Alaska Natives.
``(B) The collection of data to assist in the
evaluation of the programs carried out under this part.
``(4) Permissible activities.--Activities provided through
programs carried out under this part may include the following
which shall only be provided specifically in the context of
elementary and secondary education:
``(A) The development of curricula and programs
that address the educational needs of Alaska Native
students, including the following:
``(i) Curriculum materials that reflect the
cultural diversity, languages, history, or the
contributions of Alaska Natives.
``(ii) Instructional programs that make use
of Alaska Native languages and cultures.
``(iii) Networks that develop, test, and
disseminate best practices and introduce
successful programs, materials, and techniques
to meet the educational needs of Alaska Native
students in urban and rural schools.
``(B) Training and professional development
activities for educators, including the following:
``(i) Pre-service and in-service training
and professional development programs to
prepare teachers to develop appreciation for
and understanding of Alaska Native cultures,
values, ways of knowing and learning in order
to effectively address the cultural diversity
and unique needs of Alaska Native students.
``(ii) Recruitment and preparation of
teachers who are Alaska Native.
``(iii) Programs that will lead to the
certification and licensing of Alaska Native
teachers, principals, and superintendents.
``(C) The development and operation of student
enrichment programs, including those in science,
technology, engineering, and mathematics that--
``(i) are designed to prepare Alaska Native
students to excel in such subjects;
``(ii) provide appropriate support services
to the families of such students that are
needed to enable such students to benefit from
the programs; and
``(iii) include activities that recognize
and support the unique cultural and educational
needs of Alaska Native children, and
incorporate appropriately qualified Alaska
Native elders and other tradition bearers.
``(D) Research and data collection activities to
determine the educational status and needs of Alaska
Native children.
``(E) Other research and evaluation activities
related to programs carried out under this part.
``(F) Remedial and enrichment programs to assist
Alaska Native students to be college or career ready
upon graduation from high school.
``(G) Culturally based education programs designed
and provided by an entity with demonstrated experience
in--
``(i) providing programs of study, both on
site and in local schools, to share the rich
and diverse cultures of Alaska Native peoples
among youth, elders, teachers, and the larger
community;
``(ii) instructing Alaska Native youth in
leadership, communication, Native culture,
arts, and languages;
``(iii) increasing the high school
graduation rate of Alaska Native students who
are served;
``(iv) providing instruction in Alaska
Native history and ways of living to students
and teachers in the local school district;
``(v) providing intergenerational learning
and internship opportunities to Alaska Native
youth and young adults; and
``(vi) providing cultural immersion
activities aimed at Alaska Native cultural
preservation.
``(H) Statewide on-site exchange programs, for both
students and teachers, that work to facilitate cultural
relationships between urban and rural Alaskans to build
mutual respect and understanding, and foster a
statewide sense of common identity through host family,
school, and community cross-cultural immersion.
``(I) Education programs for at-risk urban Alaska
Native students in kindergarten through grade 12 that
work to increase graduation rates among such students
and that--
``(i) include culturally-informed
curriculum intended to preserve and promote
Alaska Native culture;
``(ii) partner effectively with the local
school district by providing a school-within-a
school program model;
``(iii) provide high-quality academic
instruction, small classroom sizes, and social-
emotional support for students from elementary
school through high school, including
residential support;
``(iv) work with parents to increase
parental involvement in their students'
education;
``(v) work to improve academic proficiency
and increase graduation rates;
``(vi) provide college preparation and
career planning; and
``(vii) incorporate a strong data
collection and continuous evaluation component
at all levels of the program.
``(J) Statewide programs that provide technical
assistance and support to schools and communities to
engage adults in promoting the academic progress and
overall well-being of Alaska Native people through
child and youth development, positive youth-adult
relationships, improved conditions for learning (school
climate, student connection to school and community),
and increased connections between schools and families.
``(K) Career preparation activities to enable
Alaska Native children and adults to prepare for
meaningful employment, including programs providing
tech-prep, mentoring, training, and apprenticeship
activities.
``(L) Support for the development and operational
activities of regional vocational schools in rural
areas of Alaska to provide students with necessary
resources to prepare for skilled employment
opportunities.
``(M) Other activities, consistent with the
purposes of this part, to meet the educational needs of
Alaska Native children and adults.
``(N) Regional leadership academies that
demonstrate effectiveness in building respect,
understanding, and fostering a sense of Alaska Native
identity to promote their pursuit of and success in
completing higher education or career training.
``(b) Limitation on Administrative Costs.--Not more than 5 percent
of funds provided to an award recipient under this part for any fiscal
year may be used for administrative purposes.
``(c) Priorities.--In awarding grants or contracts to carry out
activities described in this subpart, the Secretary shall give priority
to applications from Alaska Native Organizations. Such priority shall
be explicitly delineated in the Secretary's process for evaluating
applications and applied consistently and transparently to all
applications from Alaska Native Organizations.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $31,453,135 for each of fiscal
years 2014 through 2019.
``SEC. 6205. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--
``(1) In general.--No grant may be made under this part,
and no contract may be entered into under this part, unless the
Alaska Native organization or entity seeking the grant or
contract submits an application to the Secretary in such form,
in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this part.
``(2) Requirement for certain applicants.--An applicant
described in section 6204(a)(2) shall, in the application
submitted under this paragraph--
``(A) demonstrate that an Alaska Native
organization was directly involved in the development
of the program for which the application seeks funds
and explicitly delineate the meaningful role that the
Alaska Native organization will play in the
implementation and evaluation of the program for which
funding is sought; and
``(B) provide a copy of the Alaska Native
organization's governing document.
``(b) Consultation Required.--Each applicant for an award under
this part shall provide for ongoing advice from and consultation with
representatives of the Alaska Native community.
``(c) Local Educational Agency Coordination.--Each applicant for an
award under this part shall inform each local educational agency
serving students who would participate in the program to be carried out
under the grant or contract about the application.
``(d) Continuation Awards.--An applicant described in section
6204(a)(2) that receives funding under this part shall periodically
demonstrate to the Secretary, during the term of the award, that the
applicant is continuing to meet the requirements of subsection
(a)(2)(A).
``SEC. 6206. DEFINITIONS.
``In this part:
``(1) Alaska native.--The term `Alaska Native' has the same
meaning as the term `Native ' has in section 3(b) of the Alaska
Native Claims Settlement Act and their descendants.
``(2) Alaska native organization.--The term `Alaska Native
organization' means a federally recognized tribe, consortium of
tribes, regional nonprofit Native association, and an
organization, that--
``(A) has or commits to acquire expertise in the
education of Alaska Natives; and
``(B) has Alaska Natives in substantive and
policymaking positions within the organization.
``Part C--Native Hawaiian Education
``SEC. 6301. FINDINGS.
``Congress finds the following:
``(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original inhabitants
of the Hawaiian archipelago, whose society was organized as a
nation and internationally recognized as a nation by the United
States, and many other countries.
``(2) Native Hawaiians have a cultural, historic, and land-
based link to the indigenous people who exercised sovereignty
over the Hawaiian Islands.
``(3) The political status of Native Hawaiians is
comparable to that of American Indians and Alaska Natives.
``(4) The political relationship between the United States
and the Native Hawaiian people has been recognized and
reaffirmed by the United States, as evidenced by the inclusion
of Native Hawaiians in many Federal statutes, including--
``(A) the Native American Programs Act of 1974 (42
U.S.C. 2991 et seq.);
``(B) Public Law 95-341 (commonly known as the
`American Indian Religious Freedom Act' (42 U.S.C.
1996));
``(C) the National Museum of the American Indian
Act (20 U.S.C. 80q et seq.);
``(D) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
``(E) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
``(F) the Native American Languages Act (25 U.S.C.
2901 et seq.);
``(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act (20
U.S.C. 4401 et seq.);
``(H) the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.); and
``(I) the Older Americans Act of 1965 (42 U.S.C.
3001 et seq.).
``(5) Many Native Hawaiian students lag behind other
students in terms of--
``(A) school readiness factors;
``(B) scoring below national norms on education
achievement tests at all grade levels;
``(C) underrepresentation in the uppermost
achievement levels and in gifted and talented programs;
``(D) overrepresentation among students qualifying
for special education programs;
``(E) underrepresentation in institutions of higher
education and among adults who have completed 4 or more
years of college.
``(6) The percentage of Native Hawaiian students served by
the State of Hawaii Department of Education rose 30 percent
from 1980 to 2008, and there are and will continue to be
geographically rural, isolated areas with a high Native
Hawaiian population density.
``(7) The Native Hawaiian people are determined to
preserve, develop, and transmit to future generations their
ancestral territory and their cultural identity in accordance
with their own spiritual and traditional beliefs, customs,
practices, language, and social institutions.
``SEC. 6302. PURPOSES.
``The purposes of this part are--
``(1) to authorize, develop, implement, assess, and
evaluate innovative educational programs, Native Hawaiian
language medium programs, Native Hawaiian culture-based
education programs, and other education programs to improve the
academic achievement of Native Hawaiian students by meeting
their unique cultural and language needs in order to help such
students meet challenging State student academic achievement
standards;
``(2) to provide guidance to appropriate Federal, State,
and local agencies to more effectively and efficiently focus
resources, including resources made available under this part,
on the development and implementation of--
``(A) innovative educational programs for Native
Hawaiians;
``(B) rigorous and substantive Native Hawaiian
language programs; and
``(C) Native Hawaiian culture-based educational
programs; and
``(3) to create a system by which information from programs
funded under this part will be collected, analyzed, evaluated,
reported, and used in decisionmaking activities regarding the
types of grants awarded under this part.
``SEC. 6303. NATIVE HAWAIIAN EDUCATION COUNCIL GRANT.
``(a) Grant Authorized.--In order to better effectuate the purposes
of this part through the coordination of educational and related
services and programs available to Native Hawaiians, including those
programs that receive funding under this part, the Secretary shall
award a grant to an education council, as described under subsection
(b).
``(b) Education Council.--
``(1) Eligibility.--To be eligible to receive the grant
under subsection (a), the council shall be an education council
(referred to in this section as the `Education Council') that
meets the requirements of this subsection.
``(2) Composition.--The Education Council shall consist of
15 members of whom--
``(A) one shall be the President of the University
of Hawaii (or a designee);
``(B) one shall be the Governor of the State of
Hawaii (or a designee);
``(C) one shall be the Superintendent of the State
of Hawaii Department of Education (or a designee);
``(D) one shall be the chairperson of the Office of
Hawaiian Affairs (or a designee);
``(E) one shall be the executive director of
Hawaii's Charter School Network (or a designee);
``(F) one shall be the chief executive officer of
the Kamehameha Schools (or a designee);
``(G) one shall be the Chief Executive Officer of
the Queen Liliuokalani Trust (or a designee);
``(H) one shall be a member, selected by the other
members of the Education Council, who represents a
private grant-making entity;
``(I) one shall be the Mayor of the County of
Hawaii (or a designee);
``(J) one shall be the Mayor of Maui County (or a
designee from the Island of Maui);
``(K) one shall be the Mayor of the County of Kauai
(or a designee);
``(L) one shall be appointed by the Mayor of Maui
County from the Island of either Molokai or Lanai;
``(M) one shall be the Mayor of the City and County
of Honolulu (or a designee);
``(N) one shall be the chairperson of the Hawaiian
Homes Commission (or a designee); and
``(O) one shall be the chairperson of the Hawaii
Workforce Development Council (or a designee
representing the private sector).
``(3) Requirements.--Any designee serving on the Education
Council shall demonstrate, as determined by the individual who
appointed such designee with input from the Native Hawaiian
community, not less than 5 years of experience as a consumer or
provider of Native Hawaiian education or cultural activities,
with traditional cultural experience given due consideration.
``(4) Limitation.--A member (including a designee), while
serving on the Education Council, shall not be a recipient of
grant funds that are awarded under this part.
``(5) Term of members.--A member who is a designee shall
serve for a term of not more than 4 years.
``(6) Chair, vice chair.--
``(A) Selection.--The Education Council shall
select a Chair and a Vice Chair from among the members
of the Education Council.
``(B) Term limits.--The Chair and Vice Chair shall
each serve for a 2-year term.
``(7) Administrative provisions relating to education
council.--The Education Council shall meet at the call of the
Chair of the Council, or upon request by a majority of the
members of the Education Council, but in any event not less
often than every 120 days.
``(8) No compensation.--None of the funds made available
through the grant may be used to provide compensation to any
member of the Education Council or member of a working group
established by the Education Council, for functions described
in this section.
``(c) Use of Funds for Coordination Activities.--The Education
Council shall use funds made available through the grant to carry out
each of the following activities:
``(1) Providing advice about the coordination, and serving
as a clearinghouse for, the educational and related services
and programs available to Native Hawaiians, including the
programs assisted under this part.
``(2) Assessing the extent to which such services and
programs meet the needs of Native Hawaiians, and collecting
data on the status of Native Hawaiian education.
``(3) Providing direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus and
improve the use of resources, including resources made
available under this part, relating to Native Hawaiian
education, and serving, where appropriate, in an advisory
capacity.
``(4) Awarding grants, if such grants enable the Education
Council to carry out the activities described in paragraphs (1)
through (3).
``(5) Hiring an executive director who shall assist in
executing the duties and powers of the Education Council, as
described in subsection (d).
``(d) Use of Funds for Technical Assistance.--The Education Council
shall use funds made available through the grant to--
``(1) provide technical assistance to Native Hawaiian
organizations that are grantees or potential grantees under
this part;
``(2) obtain from such grantees information and data
regarding grants awarded under this part, including information
and data about--
``(A) the effectiveness of such grantees in meeting
the educational priorities established by the Education
Council, as described in paragraph (6)(D), using
metrics related to these priorities; and
``(B) the effectiveness of such grantees in
carrying out any of the activities described in section
6304(c) that are related to the specific goals and
purposes of each grantee's grant project, using metrics
related to these priorities;
``(3) assess and define the educational needs of Native
Hawaiians;
``(4) assess the programs and services available to address
the educational needs of Native Hawaiians;
``(5) assess and evaluate the individual and aggregate
impact achieved by grantees under this part in improving Native
Hawaiian educational performance and meeting the goals of this
part, using metrics related to these goals; and
``(6) prepare and submit to the Secretary, at the end of
each calendar year, an annual report that contains--
``(A) a description of the activities of the
Education Council during the calendar year;
``(B) a description of significant barriers to
achieving the goals of this part;
``(C) a summary of each community consultation
session described in subsection (e); and
``(D) recommendations to establish priorities for
funding under this part, based on an assessment of--
``(i) the educational needs of Native
Hawaiians;
``(ii) programs and services available to
address such needs;
``(iii) the effectiveness of programs in
improving the educational performance of Native
Hawaiian students to help such students meet
challenging State student academic achievement
standards; and
``(iv) priorities for funding in specific
geographic communities.
``(e) Use of Funds for Community Consultations.--The Education
Council shall use funds made available though the grant under
subsection (a) to hold not less than one community consultation each
year on each of the islands of Hawaii, Maui, Molokai, Lanai, Oahu, and
Kauai, at which--
``(1) not less than three members of the Education Council
shall be in attendance;
``(2) the Education Council shall gather community input
regarding--
``(A) current grantees under this part, as of the
date of the consultation;
``(B) priorities and needs of Native Hawaiians; and
``(C) other Native Hawaiian education issues; and
``(3) the Education Council shall report to the community
on the outcomes of the activities supported by grants awarded
under this part.
``(f) Funding.--For each fiscal year, the Secretary shall use the
amount described in section 6305(d)(2), to make a payment under the
grant. Funds made available through the grant shall remain available
until expended.
``(g) Report.--Beginning not later than 2 years after the date of
enactment of the Student Success Act, and for each subsequent year, the
Secretary shall prepare and submit to the Committee on Education and
the Workforce of the House of Representatives, and the Committee on
Indian Affairs and the Committee on Health, Education, Labor, and
Pensions of the Senate, a report that--
``(1) summarizes the annual reports of the Education
Council;
``(2) describes the allocation and use of funds under this
part and the information gathered since the first annual report
submitted by the Education Council to the Secretary under this
section; and
``(3) contains recommendations for changes in Federal,
State, and local policy to advance the purposes of this part.
``SEC. 6304. GRANT PROGRAM AUTHORIZED.
``(a) Grants and Contracts.--In order to carry out programs that
meet the purposes of this part, the Secretary is authorized to award
grants to, or enter into contracts with--
``(1) Native Hawaiian educational organizations;
``(2) Native Hawaiian community-based organizations;
``(3) public and private nonprofit organizations, agencies,
and institutions with experience in developing or operating
Native Hawaiian education and workforce development programs or
programs of instruction in the Native Hawaiian language;
``(4) charter schools; and
``(5) consortia of the organizations, agencies, and
institutions described in paragraphs (1) through (4).
``(b) Priority.--In awarding grants and entering into contracts
under this part, the Secretary shall give priority to--
``(1) programs that meet the educational priority
recommendations of the Education Council, as described under
section 6303(d)(6)(D);
``(2) the repair and renovation of public schools that
serve high concentrations of Native Hawaiian students;
``(3) programs designed to improve the academic achievement
of Native Hawaiian students by meeting their unique cultural
and language needs in order to help such students meet
challenging State student academic achievement standards,
including activities relating to--
``(A) achieving competence in reading, literacy,
mathematics, and science for students in preschool
through grade 3;
``(B) the educational needs of at-risk children and
youth;
``(C) professional development for teachers and
administrators;
``(D) the use of Native Hawaiian language and
preservation or reclamation of Native Hawaiian culture-
based educational practices; and
``(E) other programs relating to the activities
described in this part; and
``(4) programs in which a local educational agency,
institution of higher education, or a State educational agency
in partnership with a nonprofit entity serving underserved
communities within the Native Hawaiian population apply for a
grant or contract under this part as part of a partnership or
consortium.
``(c) Authorized Activities.--Activities provided through programs
carried out under this part may include--
``(1) the development and maintenance of a statewide Native
Hawaiian early education and care system to provide a continuum
of high-quality early learning services for Native Hawaiian
children from the prenatal period through the age of
kindergarten entry;
``(2) the operation of family-based education centers that
provide such services as--
``(A) early care and education programs for Native
Hawaiians; and
``(B) research on, and development and assessment
of, family-based, early childhood, and preschool
programs for Native Hawaiians;
``(3) activities that enhance beginning reading and
literacy in either the Hawaiian or the English language among
Native Hawaiian students in kindergarten through grade 3 and
assistance in addressing the distinct features of combined
English and Hawaiian literacy for Hawaiian speakers in grades 5
and 6;
``(4) activities to meet the special needs of Native
Hawaiian students with disabilities, including--
``(A) the identification of such students and their
needs;
``(B) the provision of support services to the
families of such students; and
``(C) other activities consistent with the
requirements of the Individuals with Disabilities
Education Act;
``(5) activities that address the special needs of Native
Hawaiian students who are gifted and talented, including--
``(A) educational, psychological, and developmental
activities designed to assist in the educational
progress of such students; and
``(B) activities that involve the parents of such
students in a manner designed to assist in the
educational progress of such students;
``(6) the development of academic and vocational curricula
to address the needs of Native Hawaiian students, including
curricula materials in the Hawaiian language and mathematics
and science curricula that incorporate Native Hawaiian
tradition and culture;
``(7) professional development activities for educators,
including--
``(A) the development of programs to prepare
prospective teachers to address the unique needs of
Native Hawaiian students within the context of Native
Hawaiian culture, language, and traditions;
``(B) in-service programs to improve the ability of
teachers who teach in schools with high concentrations
of Native Hawaiian students to meet the unique needs of
such students; and
``(C) the recruitment and preparation of Native
Hawaiians, and other individuals who live in
communities with a high concentration of Native
Hawaiians, to become teachers;
``(8) the operation of community-based learning centers
that address the needs of Native Hawaiian students, parents,
families, and communities through the coordination of public
and private programs and services, including--
``(A) early education programs;
``(B) before, after, and Summer school programs,
expanded learning time, or weekend academies;
``(C) career and technical education programs; and
``(D) programs that recognize and support the
unique cultural and educational needs of Native
Hawaiian children, and incorporate appropriately
qualified Native Hawaiian elders and seniors;
``(9) activities, including program co-location, that
ensure Native Hawaiian students graduate college and career
ready including--
``(A) family literacy services;
``(B) counseling, guidance, and support services
for students; and
``(C) professional development activities designed
to help educators improve the college and career
readiness of Native Hawaiian students;
``(10) research and data collection activities to determine
the educational status and needs of Native Hawaiian children
and adults;
``(11) other research and evaluation activities related to
programs carried out under this part; and
``(12) other activities, consistent with the purposes of
this part, to meet the educational needs of Native Hawaiian
children and adults.
``(d) Additional Activities.--Notwithstanding any other provision
of this part, funds made available to carry out this section as of the
day before the date of enactment of the Student Success Act shall
remain available until expended. The Secretary shall use such funds to
support the following:
``(1) The repair and renovation of public schools that
serve high concentrations of Native Hawaiian students.
``(2) The perpetuation of, and expansion of access to,
Hawaiian culture and history through digital archives.
``(3) Informal education programs that connect traditional
Hawaiian knowledge, science, astronomy, and the environment
through State museums or learning centers.
``(4) Public charter schools serving high concentrations of
Native Hawaiian students.
``(e) Administrative Costs.--
``(1) In general.--Except as provided in paragraph (2), not
more than 5 percent of funds provided to a recipient of a grant
or contract under this section for any fiscal year may be used
for administrative purposes.
``(2) Exception.--The Secretary may waive the requirement
of paragraph (1) for a nonprofit entity that receives funding
under this section and allow not more than 10 percent of funds
provided to such nonprofit entity under this section for any
fiscal year to be used for administrative purposes.
``SEC. 6305. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this part,
and no contract may be entered into under this part, unless the entity
seeking the grant or contract submits an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may determine to be necessary to carry out the provisions of
this part.
``(b) Direct Grant Applications.--The Secretary shall provide a
copy of all direct grant applications to the Education Council.
``(c) Supplement Not Supplant.--
``(1) In general.--Except as provided in paragraph (2),
funds made available under this part shall be used to
supplement, and not supplant, any State or local funds used to
achieve the purposes of this part.
``(2) Exception.--Paragraph (1) shall not apply to any
nonprofit entity or Native Hawaiian community-based
organization that receives a grant or other funds under this
part.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this part $32,397,259 for each of fiscal years
2014 through 2019.
``(2) Reservation.--Of the funds appropriated under this
subsection, the Secretary shall reserve, for each fiscal year
after the date of enactment of the Student Success Act not less
than $500,000 for the grant to the Education Council under
section 6303.
``(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.''.
TITLE VII--HOMELESS EDUCATION
SEC. 701. STATEMENT OF POLICY.
Section 721 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11431) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) In any State where compulsory residency requirements
or other requirements, laws, regulations, practices, or
policies may act as a barrier to the identification,
enrollment, attendance, or success in school of homeless
children and youths, the State and local educational agencies
will review and undertake steps to revise such laws,
regulations, practices, or policies to ensure that homeless
children and youths are afforded the same free, appropriate
public education as is provided to other children and
youths.'';
(2) in paragraph (3), by striking ``alone''; and
(3) in paragraph (4), by striking ``challenging State
student academic achievement'' and inserting ``State
academic''.
SEC. 702. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 722 of such Act (42 U.S.C. 11432) is amended--
(1) in subsection (a), by striking ``(g).'' and inserting
``(h).'';
(2) by striking subsection (b);
(3) in subsection (c)--
(A) in paragraph (1)(A)--
(i) in clause (i), by adding ``or'' at the
end;
(ii) in clause (ii), by striking ``; or''
at the end and inserting a period; and
(iii) by striking clause (iii); and
(B) by striking paragraph (3);
(4) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``Grants'' and inserting ``Grant funds from a
grant made to a State'';
(B) by amending paragraph (2) to read as follows:
``(2) To provide services and activities to improve the
identification of homeless children (including preschool-aged
homeless children and youths) that enable such children and
youths to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs.'';
(C) in paragraph (3), by inserting before the
period at the end the following: ``that can
sufficiently carry out the duties described in this
subtitle'';
(D) by amending paragraph (5) to read as follows:
``(5) To develop and implement professional development
programs for liaisons designated under subsection (g)(1)(J)(ii)
and other local educational agency personnel--
``(A) to improve their identification of homeless
children and youths; and
``(B) to heighten their awareness of, and capacity
to respond to, specific needs in the education of
homeless children and youths.''.
(5) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``sums'' and inserting
``grant funds''; and
(ii) by inserting ``a State under
subsection (a) to'' after ``each year to'';
(B) in paragraph (2), by striking ``funds made
available for State use under this subtitle'' and
inserting ``the grant funds remaining after the State
educational agency distributes subgrants under
paragraph (1)''; and
(C) in paragraph (3)--
(i) in subparagraph (C)(iv)(II), by
striking ``sections 1111 and 1116'' and
inserting ``section 1111'';
(ii) in subparagraph (F)--
(I) in clause (i)--
(aa) in the matter
preceding subclause (I), by
striking ``a report'' and
inserting ``an annual report'';
(bb) by striking ``and'' at
the end of subclause (II);
(cc) by striking the period
at the end of subclause (III)
and inserting ``; and''; and
(dd) by adding at the end
the following:
``(IV) the progress the separate
schools are making in helping all
students meet the State academic
standards.''; and
(II) in clause (iii), by striking
``Not later than 2 years after the date
of enactment of the McKinney-Vento
Homeless Education Assistance
Improvements Act of 2001, the'' and
inserting ``The'';
(6) by amending subsection (f) to read as follows:
``(f) Functions of the Office of Coordinator.--The Coordinator for
Education of Homeless Children and Youths established in each State
shall--
``(1) gather and make publically available reliable, valid,
and comprehensive information on--
``(A) the number of homeless children and youths
identified in the State, posted annually on the State
educational agency's website;
``(B) the nature and extent of the problems
homeless children and youths have in gaining access to
public preschool programs and to public elementary
schools and secondary schools;
``(C) the difficulties in identifying the special
needs and barriers to the participation and achievement
of such children and youths;
``(D) any progress made by the State educational
agency and local educational agencies in the State in
addressing such problems and difficulties; and
``(E) the success of the programs under this
subtitle in identifying homeless children and youths
and allowing such children and youths to enroll in,
attend, and succeed in, school;
``(2) develop and carry out the State plan described in
subsection (g);
``(3) collect data for and transmit to the Secretary, at
such time and in such manner as the Secretary may require, a
report containing information necessary to assess the
educational needs of homeless children and youths within the
State, including data necessary for the Secretary to fulfill
the responsibilities under section 724(h);
``(4) in order to improve the provision of comprehensive
education and related support services to homeless children and
youths and their families, coordinate and collaborate with--
``(A) educators, including teachers, special
education personnel, administrators, and child
development and preschool program personnel;
``(B) providers of services to homeless children
and youths and their families, including services of
public and private child welfare and social services
agencies, law enforcement agencies, juvenile and family
courts, agencies providing mental health services,
domestic violence agencies, child care providers,
runaway and homeless youth centers, and providers of
services and programs funded under the Runaway and
Homeless Youth Act (42 U.S.C. 5701 et seq.);
``(C) providers of emergency, transitional, and
permanent housing to homeless children and youths, and
their families, including public housing agencies,
shelter operators, operators of transitional housing
facilities, and providers of transitional living
programs for homeless youths;
``(D) local educational agency liaisons designated
under subsection (g)(1)(J)(ii) for homeless children
and youths; and
``(E) community organizations and groups
representing homeless children and youths and their
families;
``(5) provide technical assistance to local educational
agencies, in coordination with local educational agency
liaisons designated under subsection (g)(1)(J)(ii), to ensure
that local educational agencies comply with the requirements of
subsection (e)(3), paragraphs (3) through (7) of subsection
(g), and subsection (h);
``(6) provide professional development opportunities for
local educational agency personnel and the homeless liaison
designated under subsection (g)(1)(J)(ii) to assist such
personnel in meeting the needs of homeless children and youths;
and
``(7) respond to inquiries from parents and guardians of
homeless children and youths and unaccompanied youths to ensure
that each child or youth who is the subject of such an inquiry
receives the full protections and services provided by this
subtitle.'';
(7) by amending subsection (g) to read as follows:
``(g) State Plan.--
``(1) In general.--In order to be eligible to receive a
grant under this section, each State educational agency shall
submit to the Secretary a plan to provide for the education of
homeless children and youths within the State that includes the
following:
``(A) A description of how such children and youths
are (or will be) given the opportunity to meet the same
State academic standards that all students are expected
to meet.
``(B) A description of the procedures the State
educational agency will use to identify such children
and youths in the State and to assess their needs.
``(C) A description of procedures for the prompt
resolution of disputes regarding the educational
placement of homeless children and youths.
``(D) A description of programs for school
personnel (including liaisons, school leaders,
attendance officers, teachers, enrollment personnel,
and specialized instructional support personnel) to
heighten the awareness of such personnel of the
specific needs of homeless adolescents, including
runaway and homeless youths.
``(E) A description of procedures that ensure that
homeless children and youths who meet the relevant
eligibility criteria are able to participate in
Federal, State, or local nutrition programs.
``(F) A description of procedures that ensure
that--
``(i) homeless children have equal access
to public preschool programs, administered by
the State educational agency or local
educational agency, as provided to other
children in the State;
``(ii) homeless youths and youths separated
from public schools are identified and accorded
equal access to appropriate secondary education
and support services; and
``(iii) homeless children and youth who
meet the relevant eligibility criteria are able
to participate in Federal, State, or local
education programs.
``(G) Strategies to address problems identified in
the report provided to the Secretary under subsection
(f)(3).
``(H) Strategies to address other problems with
respect to the education of homeless children and
youths, including problems resulting from enrollment
delays that are caused by--
``(i) immunization and other health records
requirements;
``(ii) residency requirements;
``(iii) lack of birth certificates, school
records, or other documentation;
``(iv) guardianship issues; or
``(v) uniform or dress code requirements.
``(I) A demonstration that the State educational
agency and local educational agencies in the State have
developed, and shall review and revise, policies to
remove barriers to the identification, enrollment, and
retention of homeless children and youths in schools in
the State.
``(J) Assurances that the following will be carried
out:
``(i) The State educational agency and
local educational agencies in the State will
adopt policies and practices to ensure that
homeless children and youths are not
stigmatized or segregated on the basis of their
status as homeless.
``(ii) Local educational agencies will
designate an appropriate staff person, who may
also be a coordinator for other Federal
programs, as a local educational agency liaison
for homeless children and youths, to carry out
the duties described in paragraph (6)(A).
``(iii) The State and its local educational
agencies will adopt policies and practices to
ensure that transportation is provided, at the
request of the parent or guardian (or in the
case of an unaccompanied youth, the liaison),
to and from the school of origin, as determined
in paragraph (3)(A), in accordance with the
following, as applicable:
``(I) If the child or youth
continues to live in the area served by
the local educational agency in which
the school of origin is located, the
child's or youth's transportation to
and from the school of origin shall be
provided or arranged by the local
educational agency in which the school
of origin is located.
``(II) If the child's or youth's
living arrangements in the area served
by the local educational agency of
origin terminate and the child or
youth, though continuing his or her
education in the school of origin,
begins living in an area served by
another local educational agency, the
local educational agency of origin and
the local educational agency in which
the child or youth is living shall
agree upon a method to apportion the
responsibility and costs for providing
the child with transportation to and
from the school of origin. If the local
educational agencies are unable to
agree upon such method, the
responsibility and costs for
transportation shall be shared equally.
``(2) Compliance.--
``(A) In general.--Each plan adopted under this
subsection shall also describe how the State will
ensure that local educational agencies in the State
will comply with the requirements of paragraphs (3)
through (7).
``(B) Coordination.--Such plan shall indicate what
technical assistance the State will furnish to local
educational agencies and how compliance efforts will be
coordinated with the local educational agency liaisons
designated under paragraph (1)(J)(ii).
``(3) Local educational agency requirements.--
``(A) In general.--The local educational agency
serving each child or youth to be assisted under this
subtitle shall, according to the child's or youth's
best interest--
``(i) continue the child's or youth's
education in the school of origin for the
duration of homelessness--
``(I) in any case in which a family
becomes homeless between academic years
or during an academic year; or
``(II) for the remainder of the
academic year, if the child or youth
becomes permanently housed during an
academic year; or
``(ii) enroll the child or youth in any
public school that nonhomeless students who
live in the attendance area in which the child
or youth is actually living are eligible to
attend.
``(B) School stability.--In determining the best
interest of the child or youth under subparagraph (A),
the local educational agency shall--
``(i) presume that keeping the child or
youth in the school of origin is in the child
or youth's best interest, except when doing so
is contrary to the wishes of the child's or
youth's parent or guardian, or the
unaccompanied youth;
``(ii) consider student-centered factors
related to the child's or youth's best
interest, including factors related to the
impact of mobility on achievement, education,
health, and safety of homeless children and
youth, giving priority to the wishes of the
homeless child's or youth's parent of guardian
or the unaccompanied youth involved;
``(iii) if, after conducting the best
interest determination based on consideration
of the presumption in clause (i) and the
student-centered factors in clause (ii), the
local educational agency determines that it is
not in the child's or youth's best interest to
attend the school of origin or the school
requested by the parent, guardian, or
unaccompanied youth, provide the child's or
youth's parent or guardian or the unaccompanied
youth with a written explanation of the reasons
for its determination, in a manner and form
understandable to such parent, guardian, or
unaccompanied youth, including information
regarding the right to appeal under
subparagraph (E); and
``(iv) in the case of an unaccompanied
youth, ensure that the homeless liaison
designated under paragraph (1)(J)(ii) assists
in placement or enrollment decisions under this
subparagraph, gives priority to the views of
such unaccompanied youth, and provides notice
to such youth of the right to appeal under
subparagraph (E).
``(C) Enrollment.--
``(i) In general.--The school selected in
accordance with this paragraph shall
immediately enroll the homeless child or youth,
even if the child or youth--
``(I) is unable to produce records
normally required for enrollment, such
as previous academic records, records
of immunization and other required
health records, proof of residency, or
other documentation; or
``(II) has missed application or
enrollment deadlines during any period
of homelessness.
``(ii) Relevant academic records.--The
enrolling school shall immediately contact the
school last attended by the child or youth to
obtain relevant academic and other records.
``(iii) Relevant health records.--If the
child or youth needs to obtain immunizations or
other required health records, the enrolling
school shall immediately refer the parent or
guardian of the child or youth, or the
unaccompanied child or youth, to the local
educational agency liaison designated under
paragraph (1)(J)(ii), who shall assist in
obtaining necessary immunizations or
screenings, or immunization or other required
health records, in accordance with subparagraph
(D).
``(D) Records.--Any record ordinarily kept by the
school, including immunization or other required health
records, academic records, birth certificates,
guardianship records, and evaluations for special
services or programs, regarding each homeless child or
youth shall be maintained--
``(i) so that the records involved are
available, in a timely fashion, when a child or
youth enters a new school or school district;
and
``(ii) in a manner consistent with section
444 of the General Education Provisions Act (20
U.S.C. 1232g).
``(E) Enrollment disputes.--If a dispute arises
over school selection or enrollment in a school--
``(i) the child or youth shall be
immediately enrolled in the school in which
enrollment is sought, pending final resolution
of the dispute, including all available
appeals;
``(ii) the parent, guardian, or
unaccompanied youth shall be provided with a
written explanation of any decisions made by
the school, the local educational agency, or
the State educational agency involved,
including the rights of the parent, guardian,
or youth to appeal such decisions;
``(iii) the parent, guardian, or
unaccompanied youth shall be referred to the
local educational agency liaison designated
under paragraph (1)(J)(ii), who shall carry out
the dispute resolution process as described in
paragraph (1)(C) as expeditiously as possible
after receiving notice of the dispute; and
``(iv) in the case of an unaccompanied
youth, the liaison shall ensure that the youth
is immediately enrolled in school in which the
youth seeks enrollment pending resolution of
such dispute.
``(F) Placement choice.--The choice regarding
placement shall be made regardless of whether the child
or youth lives with the homeless parents or has been
temporarily placed elsewhere.
``(G) School of origin defined.--
``(i) In general.--In this paragraph, the
term `school of origin' means the school that a
child or youth attended when permanently housed
or the school in which the child or youth was
last enrolled.
``(ii) Receiving school.--When the child or
youth completes the final grade level served by
the school of origin, as described in clause
(i), the term ``school of origin'' shall
include the designated receiving school at the
next grade level for all feeder schools.
``(H) Contact information.--Nothing in this
subtitle shall prohibit a local educational agency from
requiring a parent or guardian of a homeless child to
submit contact information.
``(I) Privacy.--Information about a homeless
child's or youth's living situation shall be treated as
a student education record under section 444 of the
General Education Provisions Act (20 U.S.C. 1232g) and
shall not be released to housing providers, employers,
law enforcement personnel, or other persons or agencies
not authorized to have such information under section
99.31 of title 34, Code of Federal Regulations.
``(J) Academic achievement.--The school selected in
accordance with this paragraph shall ensure that
homeless children and youth have opportunities to meet
the same State academic standards to which other
students are held.
``(4) Comparable services.--Each homeless child or youth to
be assisted under this subtitle shall be provided services
comparable to services offered to other students in the school
selected under paragraph (3), including the following:
``(A) Transportation services.
``(B) Educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) or
similar State or local programs, educational programs
for children with disabilities, and educational
programs for English learners.
``(C) Programs in career and technical education.
``(D) Programs for gifted and talented students.
``(E) School nutrition programs.
``(5) Coordination.--
``(A) In general.--Each local educational agency
serving homeless children and youths that receives
assistance under this subtitle shall coordinate--
``(i) the provision of services under this
subtitle with local social services agencies
and other agencies or entities providing
services to homeless children and youths and
their families, including services and programs
funded under the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.); and
``(ii) transportation, transfer of school
records, and other interdistrict activities,
with other local educational agencies.
``(B) Housing assistance.--If applicable, each
State educational agency and local educational agency
that receives assistance under this subtitle shall
coordinate with State and local housing agencies
responsible for developing the comprehensive housing
affordability strategy described in section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705) to minimize educational disruption for
children and youths who become homeless.
``(C) Coordination purpose.--The coordination
required under subparagraphs (A) and (B) shall be
designed to--
``(i) ensure that all homeless children and
youths are promptly identified;
``(ii) ensure that homeless children and
youths have access to, and are in reasonable
proximity to, available education and related
support services; and
``(iii) raise the awareness of school
personnel and service providers of the effects
of short-term stays in a shelter and other
challenges associated with homelessness.
``(D) Homeless children and youths with
disabilities.--For children and youth who are to be
assisted both under this subtitle, and under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) or section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794), each local educational agency
shall coordinate the provision of services under this
subtitle with the provision of programs for children
with disabilities served by that local educational
agency and other involved local educational agencies.
``(6) Local educational agency liaison.--
``(A) Duties.--Each local educational agency
liaison for homeless children and youths, designated
under paragraph (1)(J)(ii), shall ensure that--
``(i) homeless children and youths are
identified by school personnel through outreach
and coordination activities with other entities
and agencies;
``(ii) homeless children and youths are
enrolled in, and have a full and equal
opportunity to succeed in, schools of that
local educational agency;
``(iii) homeless families, children, and
youths have access to and receive educational
services for which such families, children, and
youths are eligible, including services through
Head Start, Early Head Start, early
intervention, and preschool programs
administered by the local educational agency;
``(iv) homeless families, children, and
youths receive referrals to health care
services, dental services, mental health and
substances abuse services, housing services,
and other appropriate services;
``(v) the parents or guardians of homeless
children and youths are informed of the
educational and related opportunities available
to their children and are provided with
meaningful opportunities to participate in the
education of their children;
``(vi) public notice of the educational
rights of homeless children and youths is
disseminated in locations frequented by parents
or guardians of such children and youths, and
unaccompanied youths, including schools,
shelters, public libraries, and soup kitchens
in a manner and form understandable to the
parents and guardians of homeless children and
youths, and unaccompanied youths;
``(vii) enrollment disputes are mediated in
accordance with paragraph (3)(E);
``(viii) the parent or guardian of a
homeless child or youth, and any unaccompanied
youth, is fully informed of all transportation
services, including transportation to the
school of origin, as described in paragraph
(1)(J)(iii), and is assisted in accessing
transportation to the school that is selected
under paragraph (3)(A);
``(ix) school personnel providing services
under this subtitle receive professional
development and other support; and
``(x) unaccompanied youths--
``(I) are enrolled in school;
``(II) have opportunities to meet
the same State academic standards to
which other students are held,
including through implementation of the
policies and practices required by
paragraph (1)(F)(ii); and
``(III) are informed of their
status as independent students under
section 480 of the Higher Education Act
of 1965 (20 U.S.C. 1087vv) and receive
verification of such status for
purposes of the Free Application for
Federal Student Aid described in
section 483 of such Act (20 U.S.C.
1090).
``(B) Notice.--State coordinators established under
subsection (d)(3) and local educational agencies shall
inform school personnel, service providers, advocates
working with homeless families, parents and guardians
of homeless children and youths, and homeless children
and youths of the duties of the local educational
agency liaisons, including publishing an annually
updated list of the liaisons on the State educational
agency's website.
``(C) Local and state coordination.--Local
educational agency liaisons for homeless children and
youths shall, as a part of their duties, coordinate and
collaborate with State coordinators and community and
school personnel responsible for the provision of
education and related services to homeless children and
youths. Such coordination shall include collecting and
providing to the State Coordinator the reliable, valid,
and comprehensive data needed to meet the requirements
of paragraphs (1) and (3) of subsection (f).
``(7) Review and revisions.--
``(A) In general.--Each State educational agency
and local educational agency that receives assistance
under this subtitle shall review and revise any
policies that may act as barriers to the enrollment of
homeless children and youths in schools that are
selected under paragraph (3).
``(B) Consideration.--In reviewing and revising
such policies, consideration shall be given to issues
concerning transportation, immunization, residency,
birth certificates, school records and other
documentation, and guardianship.
``(C) Special attention.--Special attention shall
be given to ensuring the enrollment and attendance of
homeless children and youths who are not currently
attending school.'';
(8) in subsection (h)(1)(A), by striking ``fiscal year
2009,'' and inserting ``fiscal years 2014 through 2019,''; and
(9) in subsection (h)(4), by striking ``fiscal year 2009''
and inserting ``fiscal years 2014 through 2019''.
SEC. 703. LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTHS.
Section 723 of such Act (42 U.S.C. 11433) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``facilitating
the enrollment,'' and inserting ``facilitating the
identification, enrollment,'';
(B) in paragraph (2)(A)--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking ``; and'' and inserting a
period at the end of clause (ii); and
(iii) by striking clause (iii); and
(C) by adding at the end the following:
``(4) Duration of grants.--Subgrants awarded under this
section shall be for terms of not to exceed 3 years.'';
(2) in subsection (b)--
(A) by striking paragraph (3) and redesignating
paragraphs (4) and (5) as paragraphs (3) and (4),
respectively; and
(B) by adding at the end the following:
``(5) An assurance that the local educational agency will
collect and promptly provide data requested by the State
Coordinator pursuant to paragraphs (1) and (3) of section
722(f).
``(6) An assurance that the local educational agency has
removed barriers to complying with the requirements of section
722(g)(1)(I).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``726'' and
inserting ``722(a)'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``identification,'' before ``enrollment'';
(ii) by amending subparagraph (B) to read
as follows:
``(B) The extent to which the application reflects
coordination with other local and State agencies that
serve homeless children and youths.''; and
(iii) in subparagraph (C), by inserting
``(as of the date of submission of the
application)'' after ``current practice'';
(C) in paragraph (3)--
(i) by amending subparagraph (C) to read as
follows:
``(C) The extent to which the applicant will
promote meaningful involvement of parents or guardians
of homeless children or youths in the education of
their children.'';
(ii) in subparagraph (D), by striking
``within'' and inserting ``into'';
(iii) in subparagraph (G)--
(I) by striking ``Such'' and
inserting ``The extent to which the
applicant's program meets such''; and
(II) by striking ``case management
or related'';
(iv) by redesignating subparagraph (G) as
subparagraph (I) and inserting after
subparagraph (F) the following:
``(G) The extent to which the local educational
agency will use the subgrant to leverage resources,
including by maximizing nonsubgrant funding for the
position of the liaison described in section
722(g)(1)(J)(ii) and the provision of transportation.
``(H) How the local educational agency uses funds
to serve homeless children and youths under section
1113(c)(3) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6313(c)(3)).''; and
(v) by adding at the end the following:
``(J) An assurance that the applicant will meet the
requirements of section 722(g)(3).''; and
(D) by striking paragraph (4).
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``challenging State
academic content standards'' and inserting
``State academic standards''; and
(ii) by striking ``and challenging State
student academic achievement standards'';
(B) in paragraph (2)--
(i) by striking ``students with limited
English proficiency,'' and inserting ``English
learners,''; and
(ii) by striking ``vocational'' and
inserting ``career'';
(C) in paragraph (3), by striking ``pupil
services'' and inserting ``specialized instructional
support'';
(D) in paragraph (7), by striking ``, and
unaccompanied youths,'' and inserting ``, particularly
homeless children and youths who are not enrolled in
school,'';
(E) in paragraph (9) by striking ``medical'' and
inserting ``other required health'';
(F) in paragraph (10), by inserting before the
period at the end ``, and other activities designed to
increase the meaningful involvement of parents or
guardians of homeless children or youths in the
education of their children'';
(G) in paragraph (12), by striking ``pupil'' and
inserting ``specialized instructional support''; and
(H) in paragraph (13), by inserting before the
period at the end ``and parental mental health or
substance abuse problems''.
SEC. 704. SECRETARIAL RESPONSIBILITIES.
Section 724 of such Act (42 U.S.C. 11434) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Notice.--
``(1) In general.--The Secretary shall, before the next
school year that begins after the date of the enactment of the
Student Success Act, update and disseminate nationwide the
public notice described in this subsection (as in effect prior
to such date) of the educational rights of homeless children
and youths.
``(2) Dissemination.--The Secretary shall disseminate the
notice nationally to all Federal agencies, program grantees,
and grant recipients serving homeless families, children, and
youths.'';
(2) in subsection (d), by striking ``and dissemination''
and inserting ``, dissemination, and technical assistance'';
(3) in subsection (e)--
(A) by striking ``applications for grants under
this subtitle'' and inserting ``plans for the use of
grant funds under section 722'';
(B) by striking ``60-day'' and inserting ``120-
day''; and
(C) by striking ``120-day'' and inserting ``180-
day'';
(4) in subsection (f), by adding at the end the following:
``The Secretary shall provide support and technical assistance
to State educational agencies in areas in which barriers to a
free appropriate public education persist.'';
(5) by amending subsection (g) to read as follows:
``(g) Guidelines.--The Secretary shall develop, issue, and publish
in the Federal Register, not later than 60 days after the date of the
enactment of the Student Success Act, strategies by which a State--
``(1) may assist local educational agencies to implement
the provisions amended by the Act; and
``(2) can review and revise State policies and procedures
that may present barriers to the identification, enrollment,
attendance, and success of homeless children and youths in
school.'';
(6) in subsection (h)(1)(A), by inserting ``in all areas
served by local educational agencies'' before the semicolon at
the end; and
(7) in subsection (i), by striking ``McKinney-Vento
Homeless Education Assistance Improvements Act of 2001'' and
inserting ``Student Success Act''.
SEC. 705. DEFINITIONS.
Section 725 of such Act (42 U.S.C. 11434a) is amended--
(1) in paragraph (2)(B)(iv), by striking ``1309'' and
inserting ``1139''; and
(2) in paragraph (3), by striking ``9101'' and inserting
``5101''.
SEC. 706. AUTHORIZATION OF APPROPRIATIONS.
Section 726 of such Act (42 U.S.C. 11435) is amended to read as
follows:
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $61,771,000 for each of fiscal years 2014
through 2019.''.
TITLE VIII--MISCELLANEOUS PROVISIONS
SEC. 801. FINDINGS; SENSE OF THE CONGRESS.
(a) Findings.--The Congress finds as follows:
(1) To avoid negative attention and litigation, some local
educational agencies have entered into agreements with
employees who are suspected of abusing or are known to have
abused students.
(2) Instead of reporting sexual misconduct with minors to
the proper authorities such as the police or child welfare
services, under such agreements the local educational agencies,
schools, and employees keep the information private and
facilitate the employee's transfer to another local educational
agency.
(b) Sense of the Congress.--It is the sense of the Congress that--
(1) confidentiality agreements between local educational
agencies or schools and suspected child sex abusers should be
prohibited;
(2) the practice of employee transfers after suspected or
proven sexual misconduct should be stopped, and States should
require local educational agencies and schools to provide law
enforcement with all information regarding sexual conduct
between an employee and a minor; and
(3) Congress should help protect children and help stop
this unacceptable practice in our schools.
Passed the House of Representatives July 19, 2013.
Attest:
KAREN L. HAAS,
Clerk.