114 S1177 ES: Every Child Achieves Act of 2015 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

114th CONGRESS1st SessionS. 1177IN THE SENATE OF THE UNITED STATESAN ACTTo reauthorize the Elementary and Secondary Education Act of 1965 to ensure that every child achieves.

1.

Short title

This Act may be cited as the Every Child Achieves Act of 2015.

2.

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents.Sec. 3. References.Sec. 4. Statement of purpose.Sec. 5. Table of contents of the Elementary and Secondary Education Act of 1965.TITLE I—Improving Basic Programs Operated by State and Local Educational AgenciesSec. 1001. Statement of purpose.Sec. 1002. Authorization of appropriations.Sec. 1003. School intervention and support and State administration.Sec. 1004. Basic program requirements.Sec. 1005. Parent and family engagement.Sec. 1006. Participation of children enrolled in private schools.Sec. 1007. Supplement, not supplant.Sec. 1008. Coordination requirements.Sec. 1009. Grants for the outlying areas and the Secretary of the Interior. Sec. 1010. Allocations to States. Sec. 1011. Equity grants.Sec. 1011A. Adequacy of funding rule. Sec. 1011B. Education finance incentive grant program. Sec. 1011C. Special allocation procedures.Sec. 1012. Academic assessments.Sec. 1013. Education of migratory children.Sec. 1014. Prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk.Sec. 1015. General provisions.Sec. 1016. Report on subgroup sample size.Sec. 1017. Report on implementation of educational stability of children in foster care.Sec. 1018. Student privacy policy committee.Sec. 1019. Report on student home access to digital learning resources. TITLE II—High-Quality Teachers, Principals, and Other School Leaders Sec. 2001. Transfer of certain provisions.Sec. 2002. Preparing, training, and recruiting high-quality teachers, principals, and other school leaders.Sec. 2003. American history and civics education.Sec. 2004. Literacy education.Sec. 2005. Improving science, technology, engineering, and mathematics instruction and student achievement.Sec. 2006. General provisions.TITLE III—Language Instruction for English Learners and Immigrant StudentsSec. 3001. General provisions.Sec. 3002. Authorization of appropriations.Sec. 3003. English language acquisition, language enhancement, and academic achievement.Sec. 3004. Other provisions.Sec. 3005. American community survey research.TITLE IV—Safe and Healthy StudentsSec. 4001. General provisions.Sec. 4002. Grants to States and local educational agencies.Sec. 4003. 21st century community learning centers.Sec. 4004. Elementary school and secondary school counseling programs.Sec. 4005. Physical education program.Sec. 4006. Family Engagement in Education Programs. TITLE V—Empowering Parents and Expanding Opportunity Through InnovationSec. 5001. General provisions.Sec. 5002. Public charter schools.Sec. 5003. Magnet schools assistance.Sec. 5004. Supporting high-ability learners and learning.Sec. 5005. Education innovation and research.Sec. 5006. Accelerated learning.Sec. 5007. Ready-to-Learn Television.Sec. 5008. Innovative technology expands children's horizons (I–TECH).Sec. 5009. Literacy and arts education.Sec. 5010. Early learning alignment and improvement grants.Sec. 5011. Full-service community schools.Sec. 5012. Promise neighborhoods. TITLE VI—Innovation and FlexibilitySec. 6001. Purposes.Sec. 6002. Improving academic achievement.Sec. 6003. Rural education initiative.Sec. 6004. General provisions.Sec. 6005. Review relating to rural local educational agencies.TITLE VII—Indian, Native Hawaiian, and Alaska Native EducationSec. 7001. Indian education.Sec. 7002. Native Hawaiian education.Sec. 7003. Alaska Native education.Sec. 7004. Native American language immersion schools and programs.Sec. 7005. Improving Indian student data collection, reporting, and analysis.Sec. 7006. Report on elementary and secondary education in rural or poverty areas of Indian country.Sec. 7007. Report on responses to Indian student suicides. TITLE VIII—Impact AidSec. 8001. Purpose.Sec. 8002. Amendment to Impact Aid Improvement Act of 2012.Sec. 8003. Payments relating to Federal acquisition of real property.Sec. 8004. Payments for eligible federally connected children.Sec. 8005. Policies and procedures relating to children residing on Indian lands.Sec. 8006. Application for payments under sections 8002 and 8003.Sec. 8007. Construction.Sec. 8008. Facilities. Sec. 8009. State consideration of payments in providing State aid.Sec. 8010. Definitions.Sec. 8011. Authorization of appropriations.TITLE IX—General ProvisionsSec. 9101. Definitions.Sec. 9102. Applicability to Bureau of Indian Education operated schools.Sec. 9102A. Consolidation of State administrative funds for elementary and secondary education programs. Sec. 9102B. Consolidation of funds for local administration. Sec. 9103. Consolidation of funds for local administration.Sec. 9104. Rural consolidated plan.Sec. 9105. Waivers of statutory and regulatory requirements.Sec. 9106. Plan approval process.Sec. 9107. Participation by private school children and teachers.Sec. 9108. Maintenance of effort.Sec. 9109. School prayer.Sec. 9110. Prohibitions on Federal Government and use of Federal funds.Sec. 9111. Armed forces recruiter access to students and student recruiting information.Sec. 9112. Prohibition on federally sponsored testing.Sec. 9113. Limitations on national testing or certification for teachers.Sec. 9114. Consultation with Indian tribes and tribal organizations.Sec. 9114A. Application for competitive grants from the Bureau of Indian Education. Sec. 9115. Outreach and technical assistance for rural local educational agencies.Sec. 9115A. Consultation with the Governor.Sec. 9115B. Local governance.Sec. 9115C. Rule of construction regarding travel to and from school. Sec. 9116. Evaluations.Sec. 9117. Prohibition on aiding and abetting sexual abuse. TITLE X—Education for Homeless Children and Youths; Other Laws; MiscellaneousPART A—Education for Homeless Children and YouthSec. 10101. Statement of policy.Sec. 10102. Grants for State and local activities.Sec. 10103. Local educational agency subgrants.Sec. 10104. Secretarial responsibilities.Sec. 10105. Definitions.Sec. 10106. Authorization of appropriations.PART B—Other Laws; MiscellaneousSec. 10201. Use of term highly qualified in other laws.Sec. 10202. Department staff.Sec. 10203. Report on Department actions to address Office of the Inspector General charter school reports.Sec. 10204. Comptroller General study on increasing effectiveness of existing services and programs intended to benefit children.Sec. 10205. Posthumous pardon.Sec. 10206. Education Flexibility Partnership Act of 1999 reauthorization.PART C—American Dream Accounts Sec. 10301. Short title. Sec. 10302. Definitions. Sec. 10303. Grant program. Sec. 10304. Applications; priority. Sec. 10305. Authorized activities. Sec. 10306. Reports and evaluations. Sec. 10307. Eligibility to receive Federal student financial aid. Sec. 10308. Authorization of appropriations.Sec. 10309. Report on the reduction of the number and percentage of students who drop out of school. Sec. 10310. Report on Native American language medium education.

3.

References

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).

4.

Statement of purpose

The purpose of this Act is to enable States and local communities to improve and support our Nation’s public schools and ensure that every child has an opportunity to achieve.

5.

Table of contents of the Elementary and Secondary Education Act of 1965

Section 2 is amended to read as follows:

2.

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents.Sec. 4. Education flexibility program.TITLE I—Improving the Academic Achievement of the DisadvantagedSec. 1001. Statement of purpose.Sec. 1002. Authorization of appropriations.Sec. 1003. State administration.PART A—Improving Basic Programs Operated by Local Educational AgenciesSUBPART 1—Basic Program RequirementsSec. 1111. State plans.Sec. 1112. Local educational agency plans.Sec. 1113. Eligible school attendance areas; schoolwide programs; targeted assistance programs.Sec. 1114. School identification, interventions, and supports.Sec. 1115. Parent and family engagement.Sec. 1116. Participation of children enrolled in private schools.Sec. 1117. Fiscal requirements.Sec. 1118. Coordination requirements.SUBPART 2—AllocationsSec. 1121. Grants for the outlying areas and the Secretary of the Interior.Sec. 1122. Allocations to States.Sec. 1123. Equity grants.Sec. 1124. Basic grants to local educational agencies.Sec. 1124A. Concentration grants to local educational agencies.Sec. 1125. Targeted grants to local educational agencies.Sec. 1125AA. Adequacy of funding of targeted grants to local educational agencies in fiscal years after fiscal year 2001.Sec. 1125A. Education finance incentive grant program.Sec. 1126. Special allocation procedures.Sec. 1127. Carryover and waiver.PART B—Academic AssessmentsSec. 1201. Grants for State assessments and related activities.Sec. 1202. Grants for enhanced assessment instruments.Sec. 1203. Audits of assessment systems.Sec. 1204. Funding.Sec. 1205. Innovative assessment and accountability demonstration authority.PART C—Education of Migratory ChildrenSec. 1301. Program purpose.Sec. 1302. Program authorized.Sec. 1303. State allocations.Sec. 1304. State applications; services.Sec. 1305. Secretarial approval; peer review.Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.Sec. 1307. Bypass.Sec. 1308. Coordination of migrant education activities.Sec. 1309. Definitions.PART D—Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-RiskSec. 1401. Purpose and program authorization.Sec. 1402. Payments for programs under this part.SUBPART 1—State Agency ProgramsSec. 1411. Eligibility.Sec. 1412. Allocation of funds.Sec. 1413. State reallocation of funds.Sec. 1414. State plan and State agency applications.Sec. 1415. Use of funds.Sec. 1416. Institution-wide projects.Sec. 1417. Three-year programs or projects.Sec. 1418. Transition services.Sec. 1419. Evaluation; technical assistance; annual model program.SUBPART 2—Local Agency ProgramsSec. 1421. Purpose.Sec. 1422. Programs operated by local educational agencies.Sec. 1423. Local educational agency applications.Sec. 1424. Uses of funds.Sec. 1425. Program requirements for correctional facilities receiving funds under this section.Sec. 1426. Accountability.SUBPART 3—General ProvisionsSec. 1431. Program evaluations.Sec. 1432. Definitions.PART E—General ProvisionsSec. 1501. Federal regulations.Sec. 1502. Agreements and records.Sec. 1503. State administration.Sec. 1504. Prohibition against Federal mandates, direction, or control.Sec. 1505. Rule of construction on equalized spending.TITLE II—Preparing, Training, and Recruiting High-Quality Teachers, Principals, and Other School LeadersSec. 2001. Purpose.Sec. 2002. Definitions.Sec. 2003. Authorization of appropriations.PART A—Fund for the Improvement of Teaching and LearningSec. 2101. Formula grants to States.Sec. 2102. Subgrants to local educational agencies.Sec. 2103. Local use of funds.Sec. 2104. Reporting.Sec. 2105. National activities of demonstrated effectiveness.Sec. 2106. Supplement, not supplant.PART B—Teacher and School Leader Incentive Program Sec. 2201. Purposes; definitions.Sec. 2202. Teacher and school leader incentive fund grants.Sec. 2203. Reports.PART C—American History and Civics EducationSec. 2301. Program authorized.Sec. 2302. Teaching of traditional American history.Sec. 2303. Presidential and congressional academies for American history and civics.Sec. 2304. National activities.Sec. 2305. Authorization of appropriations.PART D—Literacy Education For All, Results For the NationSec. 2401. Purposes; definitions.Sec. 2402. Comprehensive literacy State development grants.Sec. 2403. Subgrants to eligible entities in support of birth through kindergarten entry literacy.Sec. 2404. Subgrants to eligible entities in support of kindergarten through grade 12 literacy.Sec. 2405. National evaluation and information dissemination.Sec. 2406. Supplement, not supplant.PART E—Improving science, technology, engineering, and mathematics instruction and student achievement.Sec. 2501. Purpose.Sec. 2502. Definitions.Sec. 2503. Grants; allotments.Sec. 2504. Applications.Sec. 2505. Authorized activities.Sec. 2506. Performance metrics; report; evaluation.Sec. 2507. Supplement, not supplant.Sec. 2508. Report on cybersecurity education.PART F—General ProvisionsSec. 2601. Rules of construction.TITLE III—Language Instruction for English Learners and Immigrant StudentsSec. 3001. Authorization of appropriations.PART A—English Language Acquisition, Language Enhancement, and Academic Achievement ActSec. 3101. Short title.Sec. 3102. Purposes.SUBPART 1—Grants and Subgrants for English Language Acquisition and Language EnhancementSec. 3111. Formula grants to States.Sec. 3112. Native American and Alaska Native children in school.Sec. 3113. State and specially qualified agency plans.Sec. 3114. Within-State allocations.Sec. 3115. Subgrants to eligible entities.Sec. 3116. Local plans.SUBPART 2—Accountability and AdministrationSec. 3121. Reporting.Sec. 3122. Reporting requirements.Sec. 3123. Coordination with related programs.Sec. 3124. Rules of construction.Sec. 3125. Legal authority under State law.Sec. 3126. Civil rights.Sec. 3127. Programs for Native Americans and Puerto Rico.Sec. 3128. Prohibition.SUBPART 3—National ActivitiesSec. 3131. National professional development project.PART B—General ProvisionsSec. 3201. Definitions.Sec. 3202. National clearinghouse.Sec. 3203. Regulations.TITLE IV—Safe and Healthy StudentsPART A—Grants to States and Local Educational AgenciesSec. 4101. Purpose.Sec. 4102. Definitions.Sec. 4103. Formula grants to States.Sec. 4104. Subgrants to local educational agencies.Sec. 4105. Local educational agency authorized activities.Sec. 4106. Supplement, not supplant.Sec. 4107. Prohibitions.Sec. 4108. Authorization of appropriations.PART B—21st century community learning centersSec. 4201. Purpose; definitions.Sec. 4202. Allotments to States.Sec. 4203. State application.Sec. 4204. Local competitive subgrant program.Sec. 4205. Local activities.Sec. 4206. Authorization of appropriations.PART C—Elementary school and secondary school counseling programsSec. 4301. Elementary school and secondary school counseling programs.PART D—Physical education programSec. 4401. Purpose.Sec. 4402. Program authorized.Sec. 4403. Applications.Sec. 4404. Requirements.Sec. 4405. Administrative provisions.Sec. 4406. Supplement, not supplant.Sec. 4407. Authorization of appropriations.PART E—Family Engagement in Education Programs Sec. 4501. Purposes. Sec. 4502. Grants authorized. Sec. 4503. Applications. Sec. 4504. Uses of funds. Sec. 4505. Family engagement in Indian schools. Sec. 4506. Authorization of appropriations.TITLE V—Empowering Parents and Expanding Opportunity Through InnovationPART A—Public Charter SchoolsSec. 5101. Purpose.Sec. 5102. Program authorized.Sec. 5103. Grants to support high-quality charter schools.Sec. 5104. Facilities financing assistance.Sec. 5105. National activities.Sec. 5106. Federal formula allocation during first year and for successive enrollment expansions.Sec. 5107. Solicitation of input from charter school operators.Sec. 5108. Records transfer.Sec. 5109. Paperwork reduction.Sec. 5110. Definitions.Sec. 5111. Authorization of appropriations.PART B—Magnet Schools AssistanceSec. 5201. Findings and purpose.Sec. 5202. Definition.Sec. 5203. Program authorized.Sec. 5204. Eligibility.Sec. 5205. Applications and requirements.Sec. 5206. Priority.Sec. 5207. Use of funds.Sec. 5208. Limitations.Sec. 5209. Authorization of appropriations; reservation.PART C—Supporting high-ability learners and learningSec. 5301. Short title.Sec. 5302. Purpose.Sec. 5303. Rule of construction.Sec. 5304. Authorized programs.Sec. 5305. Program priorities.Sec. 5306. General provisions.Sec. 5307. Authorization of appropriations.PART D—Education Innovation and researchSec. 5401. Grants for education innovation and research.PART E—Accelerated learningSec. 5501. Short title.Sec. 5502. Purposes.Sec. 5503. Funding distribution rule.Sec. 5504. Accelerated learning examination fee program.Sec. 5505. Accelerated learning incentive program grants.Sec. 5506. Supplement, not supplant.Sec. 5507. Definitions.Sec. 5508. Authorization of appropriations.PART F—Ready-to-Learn TelevisionSec. 5601. Ready-To-Learn.PART G—Innovative technology expands children's horizons (I–TECH) Sec. 5701. Purposes.Sec. 5702. Definitions.Sec. 5702A. Restriction.Sec. 5703. Technology grants program authorized.Sec. 5704. State applications.Sec. 5705. State use of grant funds.Sec. 5706. Local subgrants.Sec. 5707. Reporting.Sec. 5708. Authorization.PART H—Literacy and Arts EducationSec. 5801. Literacy and arts education.PART I—Early learning alignment and improvement grantsSec. 5901. Purposes; definitions.Sec. 5902. Early learning alignment and improvement grants.Sec. 5903. Authorization of appropriations.PART J—Innovation schools demonstration authority Sec. 5910. Innovation schools.PART K—Full-service community schools Sec. 5911. Short title. Sec. 5912. Purposes. Sec. 5913. Definition of full-service community school. Sec. 5914. Local programs. Sec. 5915. State programs. Sec. 5916. Advisory committee. Sec. 5917. General provisions. Sec. 5918. Authorization of appropriations.PART L—Promise neighborhoods Sec. 5910. Short title. Sec. 5911. Purpose. Sec. 5912. Pipeline services defined. Sec. 5913. Program authorized. Sec. 5914. Eligible entities. Sec. 5915. Application requirements. Sec. 5916. Use of funds. Sec. 5917. Report and publicly available data. Sec. 5918. Performance accountability and evaluation. Sec. 5919. National activities. Sec. 5920. Authorization of appropriations.TITLE VI—Flexibility and AccountabilitySec. 6001. Purposes.PART A—Improving Academic achievementSUBPART 1—Funding Transferability for State and Local Educational AgenciesSec. 6111. Short title.Sec. 6112. Purpose.Sec. 6113. Transferability of funds.SUBPART 2—Weighted student funding flexibility pilot programSec. 6121. Weighted student funding flexibility pilot program.PART B—Rural Education InitiativeSec. 6201. Short title.Sec. 6202. Purpose.SUBPART 1—Small, Rural School Achievement ProgramSec. 6211. Use of applicable funding.Sec. 6212. Grant program authorized.Sec. 6213. Academic achievement assessments.SUBPART 2—Rural and Low-Income School ProgramSec. 6221. Program authorized.Sec. 6222. Uses of funds.Sec. 6223. Applications.Sec. 6224. Accountability.Sec. 6225. Choice of participation.SUBPART 3—General ProvisionsSec. 6231. Annual average daily attendance determination.Sec. 6232. Supplement, not supplant.Sec. 6233. Rule of construction.Sec. 6234. Authorization of appropriations.PART C—General ProvisionsSec. 6301. Prohibition against Federal mandates, direction, or control.Sec. 6302. Rule of construction on equalized spending.TITLE VII—Indian, Native Hawaiian, and Alaska Native EducationPART A—Indian EducationSec. 7101. Statement of policy.Sec. 7102. Purpose.SUBPART 1—Formula Grants to Local Educational AgenciesSec. 7111. Purpose.Sec. 7112. Grants to local educational agencies and tribes.Sec. 7113. Amount of grants.Sec. 7114. Applications.Sec. 7115. Authorized services and activities.Sec. 7116. Integration of services authorized.Sec. 7117. Student eligibility forms.Sec. 7118. Payments.Sec. 7119. State educational agency review.SUBPART 2—Special Programs and Projects to Improve Educational Opportunities for Indian ChildrenSec. 7121. Improvement of educational opportunities for Indian children and youth.Sec. 7122. Professional development for teachers and education professionals.SUBPART 3—National ActivitiesSec. 7131. National research activities. Sec. 7135. Grants to tribes for education administrative planning, development, and coordination.SUBPART 4—Federal AdministrationSec. 7141. National Advisory Council on Indian Education.Sec. 7142. Peer review.Sec. 7143. Preference for Indian applicants.Sec. 7144. Minimum grant criteria.SUBPART 5—Definitions; Authorizations of AppropriationsSec. 7151. Definitions.Sec. 7152. Authorizations of appropriations.PART B—Native Hawaiian EducationSec. 7201. Short title.Sec. 7202. Findings.Sec. 7203. Purposes.Sec. 7204. Native Hawaiian Education Council.Sec. 7205. Program authorized.Sec. 7206. Administrative provisions.Sec. 7207. Definitions.PART C—Alaska Native EducationSec. 7301. Short title.Sec. 7302. Findings.Sec. 7303. Purposes.Sec. 7304. Program authorized.Sec. 7305. Funds for administrative purposes. Sec. 7306. Definitions.PART D—Native American and Alaska Native language immersion schools and programsSec. 7401. Native American and Alaska Native language immersion schools and programs.TITLE VIII—Impact aidSec. 8001. Purpose.Sec. 8002. Payments relating to Federal acquisition of real property.Sec. 8003. Payments for eligible federally connected children.Sec. 8004. Policies and procedures relating to children residing on Indian lands.Sec. 8005. Application for payments under sections 8002 and 8003.Sec. 8007. Construction.Sec. 8008. Facilities.Sec. 8009. State consideration of payments in providing State aid.Sec. 8010. Federal administration.Sec. 8011. Administrative hearings and judicial review.Sec. 8012. Forgiveness of overpayments.Sec. 8013. Definitions.Sec. 8014. Authorization of appropriations.TITLE IX—General ProvisionsPART A—DefinitionsSec. 9101. Definitions.Sec. 9102. Applicability of title.Sec. 9103. Applicability to Bureau of Indian Education operated schools.PART B—Flexibility in the Use of Administrative and Other FundsSec. 9201. Consolidation of State administrative funds for elementary and secondary education programs.Sec. 9202. Single local educational agency States.Sec. 9203. Consolidation of funds for local administration.Sec. 9204. Consolidated set-aside for Department of the Interior funds.PART C—Coordination of Programs; Consolidated State and Local Plans and ApplicationsSec. 9301. Purpose.Sec. 9302. Optional consolidated State plans or applications.Sec. 9303. Consolidated reporting.Sec. 9304. General applicability of State educational agency assurances.Sec. 9305. Consolidated local plans or applications.Sec. 9306. Other general assurances.PART D—WaiversSec. 9401. Waivers of statutory and regulatory requirements.PART E—Approval and Disapproval of State Plans and Local ApplicationsSec. 9451. Approval and disapproval of State plans.Sec. 9452. Approval and disapproval of local educational agency applications.PART F—Uniform ProvisionsSUBPART 1—Private SchoolsSec. 9501. Participation by private school children and teachers.Sec. 9502. Standards for by-pass.Sec. 9503. Complaint process for participation of private school children.Sec. 9504. By-pass determination process.Sec. 9505. Prohibition against funds for religious worship or instruction.Sec. 9506. Private, religious, and home schools.SUBPART 2—Other ProvisionsSec. 9521. Maintenance of effort.Sec. 9522. Prohibition regarding State aid.Sec. 9523. Privacy of assessment results.Sec. 9524. School prayer.Sec. 9525. Equal access to public school facilities.Sec. 9526. General prohibitions.Sec. 9527. Prohibitions on Federal Government and use of Federal funds.Sec. 9528. Armed Forces recruiter access to students and student recruiting information.Sec. 9529. Prohibition on federally sponsored testing.Sec. 9530. Limitations on national testing or certification for teachers.Sec. 9531. Prohibition on nationwide database.Sec. 9532. Unsafe school choice option.Sec. 9533. Prohibition on discrimination.Sec. 9534. Civil rights.Sec. 9535. Rulemaking.Sec. 9536. Severability.Sec. 9537. Transfer of school disciplinary records.Sec. 9538. Consultation with Indian tribes and tribal organizations.Sec. 9539. Prohibition on aiding and abetting sexual abuse.Sec. 9539A. Application for competitive grants from the Bureau of Indian Education.Sec. 9539B. Outreach and technical assistance for rural local educational agencies.Sec. 9539C. Rule of construction regarding travel to and from school. Sec. 9540. Consultation with the Governor.Sec. 9540A. Local governance.SUBPART 3—Teacher Liability ProtectionSec. 9541. Short title.Sec. 9542. Purpose.Sec. 9543. Definitions.Sec. 9544. Applicability.Sec. 9545. Preemption and election of State nonapplicability.Sec. 9546. Limitation on liability for teachers.Sec. 9547. Allocation of responsibility for noneconomic loss.Sec. 9548. Effective date.SUBPART 4—Internet SafetySec. 9551. Internet safety.SUBPART 5—Gun PossessionSec. 9561. Gun-free requirements.SUBPART 6—Environmental Tobacco SmokeSec. 9571. Short title.Sec. 9572. Definitions.Sec. 9573. Nonsmoking policy for children’s services.Sec. 9574. Preemption.PART G—EvaluationsSec. 9601. Evaluations.

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2003.

American history and civics education

Title II (20 U.S.C. 6601 et seq.), as amended by section 2002, is further amended by adding at the end the following: C

American history and civics education

2301.

Program authorized

(a)

In general

From amounts appropriated to carry out this part, the Secretary is authorized to carry out an American history and civics education program to improve— (1)the quality of American history, civics, and government education by educating students about the history and principles of the Constitution of the United States, including the Bill of Rights; and (2)the quality of the teaching of American history, civics, and government in elementary schools and secondary schools, including the teaching of traditional American history. (b)

Funding allotment

From amounts made available under section 2305 for a fiscal year, the Secretary shall— (1)use not less than 85 percent for activities under section 2302; (2)use not less than 10 percent for activities under section 2303; and (3)use not more than 5 percent for activities under section 2304.

2302.

Teaching of traditional American history

(a)

In general

From the amounts reserved by the Secretary under section 2301(b)(1), the Secretary shall award grants, on a competitive basis, to local educational agencies— (1)to carry out activities to promote the teaching of traditional American history in elementary schools and secondary schools as a separate academic subject (not as a component of social studies); and (2)for the development, implementation, and strengthening of programs to teach traditional American history as a separate academic subject (not as a component of social studies) within elementary school and secondary school curricula, including the implementation of activities— (A)to improve the quality of instruction; and (B)to provide professional development and teacher education activities with respect to American history. (b)

Required partnership

A local educational agency that receives a grant under subsection (a) shall carry out activities under the grant in partnership with 1 or more of the following: (1)An institution of higher education. (2)A nonprofit history or humanities organization. (3)A library or museum. (c)

Application

To be eligible to receive a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d)

Grant terms

Grants awarded under subsection (a) shall be for a term of not more than 5 years.

2303.

Presidential and congressional academies for American history and civics

(a)

In general

From the amounts reserved under section 2301(b)(2), the Secretary shall award not more than 12 grants, on a competitive basis, to— (1)eligible entities to establish Presidential Academies for the Teaching of American History and Civics (in this section referred to as the Presidential Academies) in accordance with subsection (e); and (2)eligible entities to establish Congressional Academies for Students of American History and Civics (in this section referred to as the Congressional Academies) in accordance with subsection (f). (b)

Application

An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (c)

Eligible entity

The term eligible entity under this section means— (1)an institution of higher education or nonprofit educational organization, museum, library, or research center with demonstrated expertise in historical methodology or the teaching of American history and civics; or (2)a consortium of entities described in paragraph (1). (d)

Grant terms

Grants awarded to eligible entities under subsection (a) shall be for a term of not more than 5 years. (e)

Presidential academies

(1)

Use of funds

Each eligible entity that receives a grant under subsection (a)(1) shall use the grant funds to establish a Presidential Academy that offers a seminar or institute for teachers of American history and civics, which— (A)provides intensive professional development opportunities for teachers of American history and civics to strengthen such teachers’ knowledge of the subjects of American history and civics; (B)is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C)is conducted during the summer or other appropriate time; and (D)is of not less than 2 weeks and not more than 6 weeks in duration. (2)

Selection of teachers

Each year, each Presidential Academy shall select between 50 and 300 teachers of American history and civics from public or private elementary schools and secondary schools to attend the seminar or institute under paragraph (1). (3)

Teacher stipends

Each teacher selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such teacher does not incur personal costs associated with the teacher’s participation in the seminar or institute. (4)

Priority

In awarding grants under this subsection, the Secretary shall give priority to eligible entities that coordinate or align their activities with the National Park Service National Centennial Parks initiative to develop innovative and comprehensive programs using the resources of the National Parks. (f)

Congressional academies

(1)

Use of funds

Each eligible entity that receives a grant under subsection (a)(2) shall use the grant funds to establish a Congressional Academy that offers a seminar or institute for outstanding students of American history and civics, which— (A)broadens and deepens such students’ understanding of American history and civics; (B)is led by a team of primary scholars and core teachers who are accomplished in the field of American history and civics; (C)is conducted during the summer or other appropriate time; and (D)is of not less than 2 weeks and not more than 6 weeks in duration. (2)

Selection of students

(A)

In general

Each year, each Congressional Academy shall select between 100 and 300 eligible students to attend the seminar or institute under paragraph (1). (B)

Eligible students

A student shall be eligible to attend a seminar or institute offered by a Congressional Academy under this subsection if the student— (i)is recommended by the student’s secondary school principal or other school leader to attend the seminar or institute; and (ii)will be a junior or senior in the academic year following attendance at the seminar or institute. (3)

Student stipends

Each student selected to participate in a seminar or institute under this subsection shall be awarded a fixed stipend based on the length of the seminar or institute to ensure that such student does not incur personal costs associated with the student’s participation in the seminar or institute. (g)

Matching funds

(1)

In general

An eligible entity that receives funds under subsection (a) shall provide, toward the cost of the activities assisted under the grant, from non-Federal sources, an amount equal to 100 percent of the amount of the grant. (2)

Waiver

The Secretary may waive all or part of the matching requirement described in paragraph (1) for any fiscal year for an eligible entity if the Secretary determines that applying the matching requirement would result in serious hardship or an inability to carry out the activities described in subsection (e) or (f).

2304.

National activities

(a)

Purpose

The purpose of this section is to promote new and existing evidence-based strategies to encourage innovative American history, civics and government, and geography instruction, learning strategies, and professional development activities and programs for teachers, principals, and other school leaders, particularly such instruction, strategies, activities, and programs that benefit low-income students and underserved populations. (b)

In general

From the funds reserved by the Secretary under section 2301(b)(3), the Secretary shall award grants, on a competitive basis, to eligible entities for the purposes of— (1)expanding, developing, implementing, evaluating, and disseminating for voluntary use, innovative, evidenced-based approaches or professional development programs in American history, civics and government, and geography, which may include— (A)hands-on civic engagement activities for teachers and low-income students; and (B)programs that educate students about the history and principles of the Constitution of the United States, including the Bill of Rights and that demonstrate scalability, accountability, and a focus on underserved populations; and (2)developing other innovative approaches that— (A)improve the quality of student achievement in, and teaching of, American history, civics and government, and geography, in elementary schools and secondary schools; and (B)demonstrate innovation, scalability, accountability, and a focus on underserved populations. (c)

Program periods and diversity of projects

(1)

In general

A grant awarded by the Secretary to an eligible entity under this section shall be for a period of not more than 3 years. (2)

Renewal

The Secretary may renew a grant awarded under this section for 1 additional 2-year period. (3)

Diversity of projects

In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas. (d)

Applications

In order to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (e)

Eligible entity

In this section, the term eligible entity means an institution of higher education or other nonprofit or for-profit organization with demonstrated expertise in the development of evidence-based approaches for improving the quality of American history, geography, and civics learning and teaching.

2305.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 through 2021.

.

2004.

Literacy education

Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001 through 2003, is further amended by adding at the end the following: D

Literacy Education for All, Results for the Nation

2401.

Purposes; definitions

(a)

Purposes

The purposes of this part are— (1)to improve student academic achievement in reading and writing by providing Federal support to States to develop, revise, or update comprehensive literacy instruction plans that, when implemented, ensure high-quality instruction and effective strategies in reading and writing from early education through grade 12; and (2)for States to provide targeted subgrants to State-designated early childhood education programs and local educational agencies and their public or private partners to implement evidenced-based programs that ensure high-quality comprehensive literacy instruction for students most in need. (b)

Definitions

In this part: (1)

Comprehensive literacy instruction

The term comprehensive literacy instruction means instruction that— (A)includes developmentally appropriate, contextually explicit, and systematic instruction, and frequent practice, in reading and writing across content areas; (B)includes age-appropriate, explicit, systematic, and intentional instruction in phonological awareness, phonic decoding, vocabulary, language structure, reading fluency, and reading comprehension; (C)includes age-appropriate, explicit instruction in writing, including opportunities for children to write with clear purposes, with critical reasoning appropriate to the topic and purpose, and with specific instruction and feedback from instructional staff; (D)makes available and uses diverse, high-quality print materials that reflect the reading and development levels, and interests, of children; (E)uses differentiated instructional approaches, including individual and small group instruction and discussion; (F)provides opportunities for children to use language with peers and adults in order to develop language skills, including developing vocabulary; (G)includes frequent practice of reading and writing strategies; (H)uses age-appropriate, valid, and reliable screening assessments, diagnostic assessments, formative assessment processes, and summative assessments to identify a child’s learning needs, to inform instruction, and to monitor the child’s progress and the effects of instruction; (I)uses strategies to enhance children’s motivation to read and write and children’s engagement in self-directed learning; (J)incorporates the principles of universal design for learning; (K)depends on teachers’ collaboration in planning, instruction, and assessing a child’s progress and on continuous professional learning; and (L)links literacy instruction to the challenging State academic standards under section 1111(b)(1), including the ability to navigate, understand, and write about, complex print and digital subject matter. (2)

Eligible entity

The term eligible entity means an entity that serves a high percentage of high-need schools and consists of— (A)one or more local educational agencies that— (i)have the highest number or proportion of children who are counted under section 1124(c), in comparison to other local educational agencies in the State; (ii)are among the local educational agencies in the State with the highest number or percentages of children reading or writing below grade level, based on the most currently available State academic assessment data under section 1111(b)(2); or (iii)serve a significant number or percentage of schools that are identified under section 1114(a)(1)(A); (B)one or more State-designated early childhood education programs, which may include home-based literacy programs for preschool aged children, that have a demonstrated record of providing comprehensive literacy instruction for the age group such program proposes to serve; or (C)a local educational agency, described in subparagraph (A), or consortium of such local educational agencies, or a State-designated early childhood education program, which may include home-based literacy programs for preschool aged children, acting in partnership with 1 or more public or private nonprofit organizations or agencies (which may include State-designated early childhood education programs) that have a demonstrated record of effectiveness in— (i)improving literacy achievement of children, consistent with the purposes of their participation, from birth through grade 12; and (ii)providing professional development in comprehensive literacy instruction. (3)

High-need school

(A)

In general

The term high-need school means— (i)an elementary school or middle school in which not less than 50 percent of the enrolled students are children from low-income families; or (ii)a high school in which not less than 40 percent of the enrolled students are children from low-income families, which may be calculated using comparable data from the schools that feed into the high school. (B)

Low-income family

For purposes of subparagraph (A), the term low-income family means a family— (i)in which the children are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (ii)receiving assistance under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (iii)in which the children are eligible to receive medical assistance under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

2402.

Comprehensive literacy State development grants

(a)

Grants authorized

From the amounts appropriated to carry out this part and not reserved under subsection (b), the Secretary shall award grants, on a competitive basis, to State educational agencies to enable the State educational agencies to— (1)provide subgrants to eligible entities serving a diversity of geographic areas, giving priority to entities serving greater numbers or percentages of disadvantaged children; and (2)develop or enhance comprehensive literacy instruction plans that ensure high-quality instruction and effective strategies in reading and writing for children from early childhood education through grade 12, including English learners and children with disabilities. (b)

Reservation

From the amounts appropriated to carry out this part for a fiscal year, the Secretary shall reserve— (1)not more than a total of 5 percent for national activities including a national evaluation, technical assistance and training, data collection, and reporting; (2)one-half of 1 percent for the Secretary of the Interior to carry out a program described in this part at schools operated or funded by the Bureau of Indian Education; and (3)one-half of 1 percent for the outlying areas to carry out a program under this part. (c)

Duration of grants

A grant awarded under this part shall be for a period of not more than 5 years. Such grant may be renewed for an additional 2-year period upon the termination of the initial period of the grant if the grant recipient demonstrates to the satisfaction of the Secretary that— (1)the State has made adequate progress; and (2)renewing the grant for an additional 2-year period is necessary to carry out the objectives of the grant described in subsection (d). (d)

State applications

(1)

In general

A State educational agency desiring a grant under this part shall submit an application to the Secretary, at such time and in such manner as the Secretary may require. The State educational agency shall collaborate with the State agency responsible for administering early childhood education programs and the State agency responsible for administering child care programs in the State in writing and implementing the early childhood education portion of the grant application under this subsection. (2)

Contents

An application described in paragraph (1) shall include, at a minimum, the following: (A)A needs assessment that analyzes literacy needs across the State and in high-need schools and local educational agencies that serve high-need schools, including identifying the most pressing gaps in literacy proficiency and inequities in student access to effective teachers of literacy, considering each of the categories of students, as defined in section 1111(b)(3)(A). (B)A description of how the State educational agency, in collaboration with the State literacy team, if applicable, will develop a State comprehensive literacy instruction plan or will revise and update an already existing State comprehensive literacy instruction plan. (C)An implementation plan that includes a description of how the State educational agency will carry out the State activities described in subsection (e). (D)An assurance that the State educational agency will use implementation grant funds described in subsection (e)(1) for comprehensive literacy instruction programs as follows: (i)Not less than 15 percent of such grant funds shall be used for State and local programs and activities pertaining to children from birth through kindergarten entry. (ii)Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among the grades of kindergarten through grade 5. (iii)Not less than 40 percent of such grant funds shall be used for State and local programs and activities, allocated equitably among grades 6 through 12. (E)An assurance that the State educational agency will give priority in awarding a subgrant under section 2403 to an eligible entity that— (i)serves children from birth through age 5 who are from families with income levels at or below 200 percent of the Federal poverty line; or (ii)is a local educational agency serving a high number or percentage of high-need schools. (e)

State activities

(1)

In general

A State educational agency receiving a grant under this section shall use not less than 95 percent of such grant funds to award subgrants to eligible entities, based on their needs assessment and a competitive application process. (2)

Reservation

A State educational agency receiving a grant under this section may reserve not more than 5 percent for activities identified through the needs assessment and comprehensive literacy plan described in subparagraphs (A) and (B) of subsection (d)(2), including the following activities: (A)Providing technical assistance, or engaging qualified providers to provide technical assistance, to eligible entities to enable the eligible entities to design and implement literacy programs. (B)Coordinating with institutions of higher education in the State to provide recommendations to strengthen and enhance pre-service courses for students preparing to teach children from birth through grade 12 in explicit, systematic, and intensive instruction in evidence-based literacy methods. (C)Reviewing and updating, in collaboration with teachers, statewide educational and professional organizations representing teachers, and statewide educational and professional organizations representing institutions of higher education, State licensure or certification standards in the area of literacy instruction in early education through grade 12. (D)Making publicly available, including on the State educational agency’s website, information on promising instructional practices to improve child literacy achievement. (E)Administering and monitoring the implementation of subgrants by eligible entities. (3)

Additional uses

After carrying out the activities described in paragraphs (1) and (2), a State educational agency may use any remaining amount to carry out 1 or more of the following activities: (A)Developing literacy coach training programs and training literacy coaches. (B)Administration and evaluation of activities carried out under this part.

2403.

Subgrants to eligible entities in support of birth through kindergarten entry literacy

(a)

Subgrants

(1)

In general

A State educational agency receiving a grant under this part shall, in consultation with the State agencies responsible for administering early childhood education programs and services, including the State agency responsible for administering child care programs, and, if applicable, the State Advisory Council on Early Childhood Education and Care designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i))), use a portion of the grant funds, in accordance with section 2402(d)(2)(D)(i), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to support high-quality early literacy initiatives for children from birth through kindergarten entry. (2)

Duration

The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3)

Sufficient size and scope

Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out high-quality early literacy initiatives for children from birth through kindergarten entry. (b)

Local applications

An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include a description of— (1)how the subgrant funds will be used to enhance the language and literacy development and school readiness of children, from birth through kindergarten entry, in early childhood education programs, which shall include an analysis of data that support the proposed use of subgrant funds; (2)how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through high-quality professional development; (3)how the activities assisted under the subgrant will be coordinated with comprehensive literacy instruction at the kindergarten through grade 12 levels; (4)how the subgrant funds will be used to evaluate the success of the activities assisted under the subgrant in enhancing the early language and literacy development of children from birth through kindergarten entry; and (5)such other information as the State educational agency may require. (c)

Local uses of funds

An eligible entity that receives a subgrant under this section shall use the subgrant funds, consistent with the entity’s approved application under subsection (b), to— (1)carry out high-quality professional development opportunities for early childhood educators, teachers, principals, other school leaders, paraprofessionals, specialized instructional support personnel, and instructional leaders; (2)train providers and personnel to develop and administer high-quality early childhood education literacy initiatives; and (3)coordinate the involvement of families, early childhood education program staff, principals, other school leaders, specialized instructional support personnel (as appropriate), and teachers in literacy development of children served under the subgrant.

2404.

Subgrants to eligible entities in support of kindergarten through grade 12 literacy

(a)

Subgrants to eligible entities

(1)

Subgrants

A State educational agency receiving a grant under this part shall use a portion of the grant funds, in accordance with clauses (ii) and (iii) of section 2402(d)(2)(D), to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the authorized activities described in subsections (b) and (c). (2)

Duration

The term of a subgrant under this section shall be determined by the State educational agency awarding the subgrant and shall in no case exceed 5 years. (3)

Sufficient size and scope

A State educational agency shall award subgrants under this section of sufficient size and scope to allow the eligible entities to carry out high-quality comprehensive literacy instruction in each grade level for which the subgrant funds are provided. (4)

Local applications

An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, for each school that the eligible entity identifies as participating in a subgrant program under this section, the following information: (A)A description of the eligible entity’s needs assessment conducted to identify how subgrant funds will be used to inform and improve comprehensive literacy instruction at the school. (B)How the school, the local educational agency, or a provider of high-quality professional development will provide ongoing high-quality professional development to all teachers, principals, other school leaders, specialized instructional support personnel (as appropriate), and other instructional leaders served by the school. (C)How the school will identify children in need of literacy interventions or other support services. (D)An explanation of how the school will integrate comprehensive literacy instruction into core academic subjects. (E)A description of how the school will coordinate comprehensive literacy instruction with early childhood education and after-school programs and activities in the area served by the local educational agency. (b)

Local uses of funds for kindergarten through grade 5

An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 5: (1)Developing and implementing a comprehensive literacy instruction plan across content areas for such children that— (A)serves the needs of all children, including children with disabilities and English learners, especially children who are reading or writing below grade level; (B)provides intensive, supplemental, accelerated, and explicit intervention and support in reading and writing for children whose literacy skills are below grade level; and (C)supports activities that are provided primarily during the regular school day but which may be augmented by after-school and out-of-school time instruction. (2)Providing high-quality professional development opportunities for teachers, literacy coaches, literacy specialists, English as a second language specialists (as appropriate), principals, other school leaders, specialized instructional support personnel, school librarians, paraprofessionals, and other program staff. (3)Training principals, specialized instructional support personnel, and other school district personnel to support, develop, administer, and evaluate high-quality kindergarten through grade 5 literacy initiatives. (4)Coordinating the involvement of early childhood education program staff, principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), special educators, school personnel, and specialized instructional support personnel (as appropriate) in the literacy development of children served under this subsection. (5)Engaging families and encouraging family literacy experiences and practices to support literacy development. (c)

Local uses of funds for grades 6 through 12

An eligible entity that receives a subgrant under this section shall use subgrant funds to carry out the following activities pertaining to children in grades 6 through 12: (1)Developing and implementing a comprehensive literacy instruction plan described in subsection (b)(1) for children in grades 6 through 12. (2)Training principals, specialized instruction support personnel, school librarians, and other school district personnel to support, develop, administer, and evaluate high-quality comprehensive literacy instruction initiatives for grades 6 through 12. (3)Assessing the quality of adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects. (4)Providing time for teachers to meet to plan evidence-based adolescent comprehensive literacy instruction in core academic subjects, and career and technical education subjects where such career and technical education subjects provide for the integration of core academic subjects. (5)Coordinating the involvement of principals, other instructional leaders, teachers, teacher literacy teams, English as a second language specialists (as appropriate), paraprofessionals, special educators, specialized instructional support personnel (as appropriate), and school personnel in the literacy development of children served under this subsection. (d)

Allowable uses

An eligible entity that receives a subgrant under this section may, in addition to carrying out the activities described in subsection (b) or (c), use subgrant funds to carry out the following activities pertaining to children in kindergarten through grade 12: (1)Recruiting, placing, training, and compensating literacy coaches. (2)Connecting out-of-school learning opportunities to in-school learning in order to improve the literacy achievement of the children. (3)Training families and caregivers to support the improvement of adolescent literacy. (4)Providing for a multitier system of support. (5)Forming a school literacy leadership team to help implement, assess, and identify necessary changes to the literacy initiatives in 1 or more schools to ensure success. (6)Providing time for teachers (and other literacy staff, as appropriate, such as school librarians or specialized instructional support personnel) to meet to plan comprehensive literacy instruction.

2405.

National evaluation and information dissemination

(a)

National evaluation

From funds reserved under section 2402(b)(1), the Director of the Institute of Education Sciences shall conduct a national evaluation of the grant and subgrant programs assisted under this part. Such evaluation shall include evidence-based research that applies rigorous and systematic procedures to obtain valid knowledge relevant to the implementation and effect of the programs and shall directly coordinate with individual State evaluations of the programs’ implementation and impact. (b)

Program improvement

The Secretary shall— (1)provide the findings of the evaluation conducted under this section to State educational agencies and subgrant recipients for use in program improvement; (2)make such findings publicly available, including on the websites of the Department and the Institute of Education Sciences; and (3)submit such findings to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives.

2406.

Supplement, not supplant

Grant funds provided under this part shall be used to supplement, and not supplant, other Federal or State funds available to carry out activities described in this part.

.

2005.

Improving science, technology, engineering, and mathematics instruction and student achievement

Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001 through 2004, is further amended by adding at the end the following: E

Improving science, technology, engineering, and mathematics instruction and student achievement

2501.

Purpose

The purpose of this part is to improve student academic achievement in science, technology, engineering, and mathematics, including computer science, by— (1)improving instruction in such subjects through grade 12; (2)improving student engagement in, and increasing student access to, such subjects, including for students from groups underrepresented in such subjects, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students; (3)improving the quality and effectiveness of classroom instruction by recruiting, training, and supporting highly rated teachers and providing robust tools and supports for students and teachers in such subjects; (4)increasing student access to high-quality informal and after-school programs that target the identified subjects and improving the coordination of such programs with classroom instruction in the identified subjects; and (5)closing student achievement gaps, and preparing more students to be college and career ready, in such subjects.

2502.

Definitions

In this part: (1)

Eligible subgrantee

The term eligible subgrantee means— (A)a high-need local educational agency; (B)an educational service agency serving more than 1 high-need local educational agency; (C)a consortium of high-need local educational agencies; or (D)an entity described in subparagraph (A) or (C) of paragraph (2) that has signed a memorandum of agreement with an entity described in subparagraph (A), (B), or (C) of this paragraph to implement the requirements of this part in partnership with such entity. (2)

Outside partner

The term outside partner means an entity that has expertise and a demonstrated record of success in improving student learning and engagement in the identified subjects described in section 2504(b)(2), including any of the following: (A)A nonprofit or community-based organization, which may include a cultural organization, such as a museum or learning center. (B)A business. (C)An institution of higher education. (D)An educational service agency. (3)

STEM-focused specialty school

The term STEM-focused specialty school means a school, or a dedicated program within a school, that engages students in rigorous, relevant, and integrated learning experiences focused on science, technology, engineering, and mathematics, which include authentic school-wide research. (4)

STEM master teacher corps

The term STEM master teacher corps means a State-led effort to elevate the status of the science, technology, engineering, and mathematics teaching profession by recognizing, rewarding, attracting, and retaining outstanding science, technology, engineering, and mathematics teachers, particularly in high-need and rural schools, by— (A)selecting candidates to be master teachers in the corps on the basis of— (i)content knowledge based on a screening examination; and (ii)pedagogical knowledge of and success in teaching; (B)offering such teachers opportunities to— (i)work with one another in scholarly communities; (ii)participate in and lead high-quality professional development; and (C)providing such teachers with additional appropriate and substantial compensation for the work described in subparagraph (B) and in the master teacher community.

2503.

Grants; allotments

(a)

In general

From amounts made available to carry out this part for a fiscal year, the Secretary shall award grants to State educational agencies, through allotments described in subsection (b), to enable State educational agencies to carry out the activities described in section 2505. (b)

Distribution of Funds

(1)

In general

Subject to paragraph (2), for each fiscal year, the Secretary shall allot to each State— (A)an amount that bears the same relationship to 35 percent of the amount available to carry out this part for such year, as the number of individuals ages 5 through 17 in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined; and (B)an amount that bears the same relationship to 65 percent of the amount available to carry out this part for such year as the number of individuals ages 5 through 17 from families with incomes below the poverty line in the State, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of those individuals in all such States, as so determined. (2)

Funding minimum

No State receiving an allotment under this subsection may receive less than one-half of 1 percent of the total amount allotted under paragraph (1) for a fiscal year. (c)

Reallotment of unused funds

If a State does not successfully apply for an allotment under this part, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this section.

2504.

Applications

(a)

In General

Each State desiring an allotment under section 2503(b) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b)

Contents

At a minimum, an application submitted under subsection (a) shall include the following: (1)A description of the needs, including assets, identified by the State educational agency based on a State analysis, which shall include— (A)an analysis of science, technology, engineering, and mathematics education quality and outcomes in the State, which may include results from a pre-existing analysis; (B)labor market information regarding the industry and business workforce needs within the State; (C)information on student exposure to and retention in science, technology, engineering, and mathematics fields, including among low-income and underrepresented groups, which may include results from a pre-existing analysis; and (D)an analysis of the quality of pre-service preparation at all public institutions of higher education (including alternative pathways to teacher licensure or certification) for individuals preparing to teach science, technology, engineering, and mathematics subjects in the State. (2)An identification of the specific subjects that the State educational agency will address through the activities described in section 2505, consistent with the needs identified under paragraph (1) (referred to in this part as identified subjects). (3)A description, in a manner that addresses any needs identified under paragraph (1), of— (A)how grant funds will be used by the State educational agency to improve instruction in the identified subjects; (B)the process that the State educational agency will use for awarding subgrants, including how relevant stakeholders will be involved; (C)how the State’s proposed project will ensure increased access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields (which may include female students, minority students, English learners, children with disabilities, and economically disadvantaged students) to high-quality courses in 1 or more of the identified subjects; and (D)how the State educational agency will continue to involve stakeholders in education reform efforts related to science, technology, engineering, and mathematics instruction.

2505.

Authorized activities

(a)

Required activities

Each State educational agency that receives an allotment under this part shall use the grant funds reserved under subsection (d)(2) to carry out each of the following activities: (1)Increasing access for students through grade 12 who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields, such as female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses in the identified subjects. (2)Implementing evidence-based programs of instruction based on high-quality standards and assessments in the identified subjects. (3)Providing professional development and other comprehensive systems of support for teachers and school leaders to promote high-quality instruction and instructional leadership in the identified subjects. (b)

Permissible activities

Each State educational agency that receives an allotment under this part may use the grant funds reserved under subsection (d)(2) to carry out 1 or more of the following activities: (1)Recruiting qualified teachers and instructional leaders who are trained in identified subjects, including teachers who have transitioned into the teaching profession from a careers in the science, technology, engineering, and mathematics fields. (2)Providing induction and mentoring services to new teachers in identified subjects. (3)Developing instructional supports for identified subjects, such as curricula and assessments, which shall be evidence-based and aligned with challenging State academic standards under section 1111(b)(1). (4)Supporting the development of a State-wide STEM master teacher corps. (c)

Subgrants

(1)

In General

Each State educational agency that receives a grant under this part shall use the amounts not reserved under subsection (d) to award subgrants, on a competitive basis, to eligible subgrantees to enable the eligible subgrantees to carry out the activities described in paragraph (4). (2)

Minimum subgrant

A State educational agency shall award subgrants under this subsection that are of sufficient size and scope to support high-quality, evidence-based, effective programs that are consistent with the purpose of this part. (3)

Subgrantee application

(A)

In general

Each eligible subgrantee desiring a subgrant under this subsection shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require. (B)

Contents of subgrantee application

At a minimum, the application described in subparagraph (A) shall include the following: (i)A description of the activities that the eligible subgrantee will carry out, and how such activities will improve teaching and student academic achievement in the State's identified subjects. (ii)A description of how the eligible subgrantee will use funds provided under this subsection to serve students and teachers in high-need schools. (iii)A description of how the eligible subgrantee will use funds provided under this subsection for services and activities to increase access for students who are members of groups underrepresented in science, technology, engineering, and mathematics subject fields, which may include female students, minority students, English learners, children with disabilities, and economically disadvantaged students, to high-quality courses in 1 or more of the State's identified subjects. Such activities and services may include after-school activities or other informal learning opportunities designed to encourage interest and develop skills in 1 or more of such subjects. (iv)A description of how funds provided under this subsection will be coordinated with other Federal, State, and local programs and activities, including career and technical education programs authorized under the Carl D. Perkins Career and Technical Education Act of 2006. (v)If the eligible subgrantee is working with outside partners, a description of how such outside partners will be involved in improving instruction and increasing access to high-quality learning experiences in the State's identified subjects. (4)

Subgrantee use of funds

(A)

Required use of funds

Each subgrantee under this subsection shall use the subgrant funds to carry out activities for students through grade 12, as described in the subgrantee's application, which shall include— (i)high-quality teacher and instructional leader recruitment, support, and evaluation in the State's identified subjects; (ii)professional development, which may include development and support for instructional coaches, to enable teachers and instructional leaders to increase student achievement in identified subjects; (iii)activities to— (I)improve the content knowledge of teachers in the State's identified subjects; (II)facilitate professional collaboration, which may include providing time for such collaborations with school personnel, after-school program personnel, and personnel of informal programs that target the identified subjects; and (III)improve the integration of informal and after-school programs that target the identified subjects with classroom instruction, such as through the use of strategic partnerships with science, technology, engineering, and mathematics researchers, and other professionals from relevant fields who may be able to assist in activities focused in science, technology, engineering, and mathematics; and (iv)the development, adoption, and improvement of high-quality curricula and instructional supports that— (I)are aligned with the challenging State academic standards under section 1111(b)(1); and (II)the eligible subgrantee will use to improve student academic achievement in the identified subjects. (B)

Allowable use of funds

In addition to the required activities described in subparagraph (A), each eligible subgrantee that receives a subgrant under this subsection may also use the subgrant funds to— (i)support the participation of low-income students in nonprofit competitions related to science, technology, engineering, and mathematics subjects (such as robotics, science research, invention, mathematics, computer science, and technology competitions); (ii)broaden secondary school students' access to, and interest in, careers that require academic preparation in 1 or more identified subjects; (iii)broaden the access of secondary school students to early college high school or dual or concurrent enrollment courses in science, technology, engineering, or mathematics subjects, including providing professional development to teachers and leaders related to this work; (iv)broaden student access to mentorship, tutoring, and after-school activities or other informal learning opportunities designed to encourage interest and develop skills in 1 or more of the State's identified subjects; (v)partner with established after-school and science, technology, engineering, and mathematics networks to provide technical assistance to after-school programs to improve their practice, such as through developing quality standards and appropriate learning outcomes for science, technology, engineering, and mathematics programming in after-school programs; (vi)provide hands-on learning and exposure to science, technology, engineering, and mathematics research facilities and businesses through in-person or virtual distance-learning experiences; (vii)partner with current or recently retired science, technology, engineering, and mathematics professionals to engage students and teachers in instruction in such subjects; (viii)tailor and integrate educational resources developed by Federal agencies, as appropriate, to improve student achievement in science, technology, engineering, and mathematics; (ix)support the use of field-based or service learning that enables students to use the local environment and community as a learning resource and to enhance the students' understanding of the identified subjects through environmental science education; and (x)address science, technology, engineering, and mathematics needs identified in the State plan under section 102 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112), or by a local workforce development board under section 107(d), or in the local plan submitted under section 108, of such Act (29 U.S.C. 3122(d), 3123), for the State, local area (as defined in section 3 of such Act (29 U.S.C. 3102)), or region (as so defined) that the eligible subgrantee is serving; and (xi)support the creation and enhancement of STEM-focused specialty schools that improve student academic achievement in science, technology, engineering, and mathematics, including computer science, and prepare more students to be ready for postsecondary education and careers in such subjects. (C)

Matching funds

A State may require an eligible subgrantee receiving a subgrant under this subsection to demonstrate that such subgrantee has obtained a commitment from 1 or more outside partners to match, using non-Federal funds, a portion of the amount of subgrant funds, in an amount determined by the State. (d)

State Activities

(1)

In General

Each State educational agency that receives an allotment under this part may use not more than 5 percent of grant funds for— (A)administrative costs; (B)monitoring the implementation of subgrants; (C)providing technical assistance to eligible subgrantees; and (D)evaluating subgrants in coordination with the evaluation described in section 2506(c). (2)

Reservation

Each State educational agency that receives an allotment under this part shall reserve not less than 15 and not more than 20 percent of grant funds, inclusive of the amount described in paragraph (1), for additional State activities, consistent with subsections (a) and (b).

2506.

Performance metrics; report; evaluation

(a)

Establishment of performance metrics

The Secretary, acting through the Director of the Institute of Education Sciences, shall establish performance metrics to evaluate the effectiveness of the activities carried out under this part. (b)

Annual report

Each State educational agency that receives an allotment under this part shall prepare and submit an annual report to the Secretary, which shall include information relevant to the performance metrics described in subsection (a). (c)

Evaluation and management

The Secretary shall— (1)acting through the Director of the Institute of Education Sciences, and in consultation with the Director of the National Science Foundation— (A)evaluate the implementation and impact of the activities supported under this part, including progress measured by the metrics established under subsection (a); and (B)identify best practices to improve instruction in science, technology, engineering, and mathematics subjects; (2)disseminate, in consultation with the National Science Foundation, research on best practices to improve instruction in science, technology, engineering, and mathematics subjects; (3)ensure that the Department is taking appropriate action to— (A)identify all activities being supported under this part; and (B)avoid unnecessary duplication of efforts between the activities being supported under this part and other programmatic activities supported by the Department or by other Federal agencies; and (4)develop a rigorous system to— (A)identify the science, technology, engineering, and mathematics education-specific needs of States and stakeholders receiving funds through subgrants under this part; (B)make public and widely disseminate programmatic activities relating to science, technology, engineering, and mathematics that are supported by the Department or by other Federal agencies; and (C)develop plans for aligning the programmatic activities supported by the Department and other Federal agencies with the State and stakeholder needs.

2507.

Supplement not supplant

Funds received under this part shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this part.

2508.

Report on cybersecurity education

Not later than June 1, 2016, the Secretary, acting through the Director of the Institute of Education Sciences, shall submit to the Committee on Armed Services and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Armed Services and the Committee on Education and the Workforce of the House of Representatives, a report describing whether secondary and postsecondary education programs are meeting the need of public and private sectors for cyberdefense. Such report shall include— (1)an assessment of the shortfalls in current secondary and postsecondary education needed to develop cybersecurity professionals, and recommendations to address such shortfalls; (2)an assessment of successful secondary and postsecondary programs that produce competent cybersecurity professionals; and (3)recommendations of subjects to be covered by elementary schools and secondary schools to better prepare students for postsecondary cybersecurity education.

.

2006.

General provisions

Title II (20 U.S.C. 6601 et seq.), as amended by sections 2001 through 2005, is further amended by adding at the end the following: F

General provisions

2601.

Rules of construction

(a)

Prohibition against Federal mandates, direction, or control

Nothing in this title shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control a State, local educational agency, or school’s— (1)instructional content or materials, curriculum, program of instruction, academic standards, or academic assessments; (2)teacher, principal, or other school leader evaluation system; (3)specific definition of teacher, principal, or other school leader effectiveness; or (4)teacher, principal, or other school leader professional standards, certification, or licensing. (b)

School or district employees

Nothing in this title shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or school district employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.

.

.

4002.

Grants to States and local educational agencies

Part A of title IV (20 U.S.C. 7101 et seq.) is amended to read as follows: A

Grants to States and local educational agencies

4101.

Purpose

The purpose of this part is to improve students’ safety, health, well-being, and academic achievement during and after the school day by— (1)increasing the capacity of local educational agencies, schools, and local communities to improve conditions for learning through the creation of safe, healthy, supportive, and drug-free environments; (2)carrying out programs designed to improve school safety and promote students’ physical and mental health and well-being; (3)preventing and reducing substance use and abuse, school violence, harassment, and bullying; and (4)strengthening parent and community engagement to ensure a healthy, safe, and supportive school environment.

4102.

Definitions

In this part: (1)

Controlled substance

The term controlled substance means a drug or other substance identified under Schedule I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)). (2)

Drug

The term drug includes controlled substances, the illegal use of alcohol or tobacco (including smokeless tobacco products and electronic cigarettes), and the harmful, abusive, or addictive use of substances, including inhalants and anabolic steroids. (3)

Drug and violence prevention

The term drug and violence prevention means— (A)with respect to drugs, prevention, early intervention, rehabilitation referral, recovery support services, or education related to the illegal use of drugs, such as raising awareness about the evidence-based consequences of drug use; and (B)with respect to violence, the promotion of school safety, such that students and school personnel are free from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and from school, and at school-sponsored activities, through the creation and maintenance of a school environment that is free of weapons and fosters individual responsibility and respect for the rights of others. (4)

School-based mental health services provider

The term school-based mental health services provider includes a State licensed or State certified school counselor, school psychologist, school social worker, or other State licensed or certified mental health professional qualified under State law to provide such mental health services to children and adolescents, including children in early childhood education programs. (5)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

4103.

Formula grants to States

(a)

Reservations

From the total amount appropriated under section 4108 for a fiscal year, the Secretary shall reserve— (1)not more than 5 percent for national activities, which the Secretary may carry out directly or through grants, contracts, or agreements with public or private entities or individuals, or other Federal agencies, such as providing technical assistance to States and local educational agencies carrying out activities under this part or conducting a national evaluation; (2)one-half of 1 percent for allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this part; (3)one-half of 1 percent for the Secretary of the Interior for programs under this part in schools operated or funded by the Bureau of Indian Education; and (4)such funds as may be necessary for the Project School Emergency Response to Violence program (referred to as Project SERV), which is authorized to provide education-related services to local educational agencies and institutions of higher education in which the learning environment has been disrupted due to a violent or traumatic crisis, and which funds shall remain available for obligation until expended. (b)

State allotments

(1)

Allotment

(A)

In general

In accordance with subparagraph (B), the Secretary shall allot among each of the States the total amount made available to carry out this part for any fiscal year and not reserved under subsection (a). (B)

Determination of state allotment amounts

Subject to paragraph (2), the Secretary shall allot the amount made available under subparagraph (A) for a fiscal year among the States in proportion to the number of individuals, aged 5 to 17, who reside within the State and are from families with incomes below the poverty line for the most recent fiscal year for which satisfactory data are available, compared to the number of such individuals who reside in all such States for that fiscal year. (2)

Small state minimum

No State receiving an allotment under paragraph (1) shall receive less than one-half of 1 percent of the total amount allotted under such paragraph. (3)

Puerto rico

The amount allotted under subparagraph (A) to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under such subparagraph. (4)

Reallotment

If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State’s allotment to the remaining States in accordance with this section. (c)

State use of funds

(1)

In general

Each State that receives an allotment under this section shall reserve not less than 95 percent of the amount allotted to such State under subsection (b), for each fiscal year, for subgrants to local educational agencies, which may include consortia of such agencies, under section 4104. (2)

State administration

A State educational agency shall use not more than 1 percent of the amount made available to the State under subsection (b) for the administrative costs of carrying out its responsibilities under this part. (3)

State activities

A State educational agency shall use the amount made available to the State under subsection (b) and not reserved under paragraph (1) for activities and programs designed to meet the purposes of this part, which— (A)shall include— (i)providing training, technical assistance, and capacity building to local educational agencies that are recipients of a subgrant under section 4104, which may include identifying and disseminating best practices for professional development and capacity building for teachers, administrators, and specialized instructional support personnel in schools that are served by local educational agencies under this part; and (ii)publicly reporting on how funds made available under this part are being expended by local educational agencies under section 4104; and (B)may include— (i)identifying and eliminating State barriers to the coordination and integration of programs, initiatives, and funding streams that meet the purposes of this part, so that local educational agencies can better coordinate with other agencies, schools and community-based services and programs; (ii)assisting local educational agencies to expand access to or coordination of resources for school-based counseling and mental health programs, such as through school-based mental health services partnership programs described in section 4105(a)(4)(C); (iii)supporting programs and activities that offer a variety of well-rounded educational experiences to students; (iv)supporting activities that promote physical and mental health and well-being for students and staff; (v)designing and implementing a grant process for local entities that wish to use funds to reduce exclusionary discipline practices in elementary schools and secondary schools, in a manner consistent with State or federally identified best practices on the subject; (vi)assisting in the creation of a continuum of evidence-based or promising practices in the reduction of juvenile delinquency; (vii)promoting gender equity in education by supporting local educational agencies in meeting the requirements of title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); (viii)providing local educational agencies with evidence-based resources— (I)addressing— (aa)student athletic safety, such as developing a plan for concussion safety and recovery practices (which may include policies that prohibit student athletes suspected of having a concussion from returning to play the same day); (bb)cardiac conditions such as cardiomyopathy; and (cc)exposure to excessive heat and humidity; and (II)relating to the development of recommended guidelines for an emergency action plan for youth athletics; (ix)designing and implementing evidence-based mental health awareness training programs for the purposes of— (I)recognizing the signs and symptoms of mental illness; (II)providing education to school personnel regarding resources available in the community for students with mental illnesses and other relevant resources relating to mental health; or (III)providing education to school personal regarding the safe de-escalation of crisis situations involving a student with a mental illness; and (x)other activities identified by the State that meet the purposes of this part. (d)

State plan

(1)

In general

In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require. (2)

Contents

Each plan submitted by a State under this section shall include the following: (A)A description of how the State educational agency will use funds received under this part for State-level activities. (B)A description of program objectives and outcomes for activities under this part. (C)An assurance that the State educational agency will review existing resources and programs across the State and will coordinate any new plans and resources under this part with such existing programs and resources. (D)An assurance that the State educational agency will monitor the implementation of activities under this part and provide technical assistance to local educational agencies in carrying out such activities. (3)

Annual report

Each State receiving a grant under this part shall annually prepare and submit a report to the Secretary, which shall include— (A)how the State and local educational agencies used funds provided under this part; and (B)the degree to which the State and local educational agencies have made progress toward meeting the objectives and outcomes described in the plan submitted by the State under paragraph (2)(B). (e)

Project SERV

(1)

Additional use of funds

Funds available under subsection (a)(4) for extended services grants under the Project School Emergency Response to Violence program (referred to in this subsection as the Project SERV program) may be used by a local educational agency or institution of higher education receiving such grant to initiate or strengthen violence prevention activities, as part of the activities designed to restore the learning environment that was disrupted by the violent or traumatic crisis in response to which the grant was awarded, and as provided in this subsection. (2)

Application process

(A)

In general

A local educational agency or institution of higher education desiring to use a portion of extended services grant funds under the Project SERV program to initiate or strengthen a violence prevention activity shall— (i)submit, in an application that meets all requirements of the Secretary for the Project SERV program, the information described in subparagraph (B); or (ii)in the case of a local educational agency or institution of higher education that has already received an extended services grant under the Project SERV program, submit an addition to the original application that includes the information described in subparagraph (B). (B)

Application requirements

The information required under this subparagraph is the following: (i)A demonstration that there is a continued disruption or a substantial risk of disruption to the learning environment that would be addressed by such activity. (ii)An explanation of the proposed activity designed to restore and preserve the learning environment. (iii)A budget and budget narrative for the proposed activity. (3)

Award basis

Any award of funds under the Project SERV program for violence prevention activities under this subsection shall be subject to the discretion of the Secretary and the availability of funds. (4)

Prohibited use

No funds provided to a local educational agency or institution of higher education under the Project SERV program for violence prevention activities may be used for construction, renovation, or repair of a facility or for the permanent infrastructure of the local educational agency or institution.

4104.

Subgrants to local educational agencies

(a)

Allocations to local educational agencies

(1)

In general

A State that receives an allotment under this part for a fiscal year shall provide the amount made available under section 4103(c)(1) for subgrants to local educational agencies, which may include consortia of such agencies, in accordance with this section. (2)

Funds to local educational agencies

From the funds reserved by a State under section 4103(c)(1), the State shall allocate to each local educational agency or consortium of such agencies in the State an amount that bears the same relationship to such funds as the number of individuals aged 5 to 17 from families with incomes below the poverty line in the geographic area served by the agency, as determined by the Secretary on the basis of the most recent satisfactory data, bears to the number of such individuals in the geographic areas served by all the local educational agencies in the State, as so determined. (3)

Administrative costs

Of the amount received under paragraph (2), a local educational agency or consortium of such agencies may use not more than 2 percent for the direct administrative costs of carrying out its responsibilities under this part. (b)

Local applications

(1)

In general

To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may reasonably require. (2)

Consultation

(A)

In general

A local educational agency or consortium of such agencies shall conduct a needs assessment described in paragraph (3), and develop its application, through consultation with parents, teachers, principals, school leaders, specialized instructional support personnel, early childhood educators, students, community-based organizations, local government representatives (which may include a local law enforcement agency, local juvenile court, local child welfare agency, or local public housing agency), Indian tribes or tribal organizations (if applicable) that may be located in the region served by the local educational agency, and others with relevant and demonstrated expertise in programs and activities designed to meet the purpose of this part. (B)

Continued consultation

On an ongoing basis, the local educational agency or consortium of such agencies shall consult with the individuals and organizations described in subparagraph (A) in order to seek advice regarding how best— (i)to improve the local activities in order to meet the purpose of this part; and (ii)to coordinate such activities under this part with other related strategies, programs, and activities being conducted in the community. (3)

Needs assessment

(A)

In general

To be eligible to receive a subgrant under this section, a local educational agency or consortium of such agencies shall conduct a comprehensive needs assessment of the local educational agency or agencies proposed to be served and of all schools within the jurisdiction of the local educational agency or agencies proposed to be served. (B)

Requirements

In conducting the needs assessment required under subparagraph (A), the local educational agency or consortium of such agencies shall— (i)take into account applicable and available school-level data on indicators or measures of school quality, climate and safety, and discipline, including those described in section 1111(d)(1)(C)(v); and (ii)take into account risk factors in the community, school, family, or peer-individual domains that— (I)are known through prospective, longitudinal research efforts to be predictive of drug use, violent behavior, harassment, disciplinary issues, and to have an effect on the physical and mental health and well-being of youth in the school and community; and (II)may include using available State and local data on incidence, prevalence, and perception of such risk factors. (4)

Contents

Each application submitted under this subsection shall be based on the needs assessment described in paragraph (3) and shall include the following: (A)The results of the needs assessment described in paragraph (3) and an identification of each school that will be served by a subgrant under this section. (B)A description of the activities that the local educational agency or consortium of such agencies will carry out under this part and how these activities are aligned with the results of the needs assessment conducted under paragraph (3). (C)A description of the performance indicators that the local educational agency or consortium of such agencies will use to evaluate the effectiveness of the activities carried out under this section. (D)a description of the programs or activities that the local educational agency or consortium of such agencies will carry out under this part to assist schools in facilitating safe relationship behavior between and among students, as determined necessary by the local educational agency to meet the purposes of this part and which may include— (i)providing age-appropriate education and training, and (ii)improving instructional practices on developing effective communication skills, and on how to recognize and prevent coercion, violence, or abuse, including teen and dating violence, stalking, domestic abuse, and sexual violence and harassment. (E)An assurance that such activities will comply with the principles of effectiveness described in section 4105(b), and foster a healthy, safe, and supportive school environment that improves students’ safety, health, and well-being during and after the school day. (F)An assurance that the local educational agency or consortium of such agencies will prioritize the distribution of funds to schools served by the local educational agency or consortium of such agencies that— (i)are among the schools with the greatest needs as identified through the needs assessment conducted under paragraph (3); (ii)have the highest percentages or numbers of children counted under section 1124(c); (iii)are identified under section 1114(a)(1)(A); or (iv)are identified as a persistently dangerous public elementary school or secondary school under section 9532. (G)An assurance that the local educational agency or consortium of such agencies will comply with section 9501 (regarding equitable participation by private school children and teachers).

4105.

Local educational agency authorized activities

(a)

Local educational agency activities

A local educational agency or consortium of such agencies that receives a subgrant under section 4104 shall use the subgrant funds to develop, implement, and evaluate comprehensive programs and activities, which are coordinated with other schools and community-based services and programs and may be conducted in partnership with nonprofit organizations with a demonstrated record of success in implementing activities, that are in accordance with the purpose of this part and— (1)foster safe, healthy, supportive, and drug-free environments that support student academic achievement; (2)are consistent with the principles of effectiveness described in subsection (b); (3)promote the involvement of parents in the activity or program, as appropriate; and (4)may include, among other programs and activities— (A)drug and violence prevention activities and programs (including programs to educate students against the use of alcohol, tobacco, marijuana, smokeless tobacco products, and electronic cigarettes), including professional development and training for school and specialized instructional support personnel and interested community members in prevention, education, early identification, and intervention mentoring, recovery support services, and, where appropriate, rehabilitation referral, as related to drug and violence prevention; (B)programs that support extended learning opportunities, including before- and after-school programs and activities, programs during summer recess periods, and expanded learning time; (C)in accordance with subsections (c) and (d), school-based mental health services, including early identification of mental-health symptoms, drug use and violence, and appropriate referrals to direct individual or group counseling services provided by qualified school or community-based mental health services providers; (D)in accordance with subsections (c) and (d), school-based mental health services partnership programs that— (i)are conducted in partnership with a public or private mental-health entity or health care entity, which may also include a child welfare agency, family-based mental health entity, trauma network, or other community-based entity; and (ii)provide comprehensive school-based mental health services and supports and staff development for school and community personnel working in the school that are based on trauma-informed and evidence practices, are coordinated (where appropriate) with early intervening services carried out under the Individuals with Disabilities Education Act, are provided by qualified mental and behavioral health professionals who are certified or licensed by the State involved and practicing within their area of expertise, and may include— (I)the early identification of social, emotional, or behavioral problems, or substance use disorders, and the provision of early intervening services; (II)notwithstanding section 4107, the treatment or referral for treatment of students with social, emotional, or behavioral health problems, or substance use disorders; (III)the development and implementation of programs to assist children in dealing with trauma and violence; and (IV)the development of mechanisms, based on best practices, for children to report incidents of violence or plans by other children or adults to commit violence; (E)emergency planning and intervention services following traumatic crisis events; (F)programs that train school personnel to identify warning signs of youth drug abuse and suicide; (G)mentoring programs and activities for children who— (i)are at risk of academic failure, dropping out of school, or involvement in criminal or delinquent activities, drug use and abuse; or (ii)lack strong positive role models; (H)early childhood, elementary school, and secondary school counseling programs, including college and career guidance programs, such as— (i)postsecondary education and career awareness and exploration activities; (ii)efforts to enhance the use of information about local workforce needs in postsecondary education and career guidance programs, which may include training counselors to effectively utilize labor market information in assisting students with postsecondary education and career planning; (iii)the development of personalized learning plans for students; and (iv)financial literacy and Federal financial aid awareness activities; (I)programs or activities that support a healthy, active lifestyle, including nutritional education and regular, structured physical education programs for early childhood, elementary school, and secondary school students; (J)implementation of schoolwide positive behavioral interventions and supports, including through coordination with similar activities carried out under the Individuals with Disabilities Education Act, in order to improve academic outcomes for students and reduce the need for suspensions, expulsions, and other actions that remove students from instruction; (K)programs and activities that offer a variety of well-rounded educational experience for students, such as those that— (i)use music and the arts as tools to promote constructive student engagement, problem solving, and conflict resolution; (ii)further students’ understanding and knowledge of computer science from elementary school through secondary school; or (iii)promote volunteerism and community service; (L)systems of high-capacity, integrated student supports; (M)strategies that establish learning environments to further students’ academic and nonacademic skills essential for school readiness and academic success, such as by providing integrated systems of student and family supports and building teacher, principal, and other school leader capacity; (N)bullying and harassment prevention programs or activities, including professional development and training for school and specialized instructional support personnel in the prevention, early identification, and early intervention, as related to bullying and harassment; (O)programs or activities designed to increase school safety and improve school climate, which may include training for school personnel related to conflict prevention and resolution practices and raising awareness of issues such as— (i)suicide prevention; (ii)effective and trauma-informed practices in classroom management; (iii)crisis management techniques; (iv)conflict resolution practices; (v)human trafficking (defined, for purposes of this subparagraph, as an act or practice described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)); and (vi)school-based violence prevention strategies; (P)programs or activities that integrate health and safety practices into school or athletic programs, such as developing a plan for concussion safety and recovery or cardiac safety or implementing an excessive heat action plan to be used during school-sponsored athletic activities; (Q)pay-for-success initiatives that produce a measurable, clearly defined outcome that results in social benefit and direct cost savings to the local, State, or Federal Government; (R)programs or activities to connect youth who are involved in, or are at risk of involvement in, juvenile delinquency or street gang activity to evidence-based and promising prevention and intervention practices related to juvenile delinquency and criminal street gang activity; (S)child sexual abuse awareness and prevention programs or activities, such as programs or activities designed to provide— (i)age-appropriate and developmentally-appropriate instruction for early childhood education program, elementary school, and secondary school students in child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to safely report child sexual abuse; and (ii)information to parents and guardians of early childhood education program, elementary school, and secondary school students about child sexual abuse awareness and prevention, including how to recognize child sexual abuse and how to discuss child sexual abuse with a child; (T)the development and implementation of a school asthma management plan; (U)assisting schools in educating children facing substance abuse in the home, which may include providing professional development, training, and technical assistance to elementary schools and secondary schools that serve communities with high rates of substance abuse; (V)instructional and support activities and programs, such as activities and programs addressing chronic disease management, led by school nurses, nurse practitioners, social workers, and other appropriate specialists or professionals to help maintain the well-being of students; (W)programs and activities that facilitate safe relationship behavior between and among students; (X)designating a site resource coordinator at a school or local educational agency to provide a variety of services, such as— (i)establishing partnerships within the community to provide resources and support for schools; (ii)ensuring all service and community partners are aligned with the academic expectations of a community school in order to improve student success; and (iii)strengthening relationships between schools and communities; and (Y)other activities and programs identified as necessary by the local educational agency through the needs assessment conducted under section 4104(b)(3) that will increase student achievement and otherwise meet the purpose of this part. (b)

Principles of effectiveness

(1)

In general

For a program or activity developed or carried out under this part to meet principles of effectiveness, such program or activity shall— (A)be based upon an assessment of objective data regarding the need for programs and activities in the early childhood, elementary school, secondary school, or community to be served to— (i)improve school safety and promote students’ physical and mental health and well-being, healthy eating and nutrition, and physical fitness; and (ii)strengthen parent and community engagement to ensure a healthy, safe, and supportive school environment; (B)be based upon established State requirements and evidence-based criteria aimed at ensuring a healthy, safe, and supportive school environment for students in the early childhood, elementary school, secondary school, or community that will be served by the program; and (C)include meaningful and ongoing consultation with and input from teachers, principals, school leaders, and parents in the development of the application and administration of the program or activity. (2)

Periodic evaluation

(A)

In general

The program or activity shall undergo a periodic independent, third-party evaluation to assess the extent to which the program or activity has helped the local educational agency or school provide students with a healthy, safe, and supportive school environment that promotes school safety and students’ physical and mental health and well-being. (B)

Use of results

The local educational agency or consortium of such agencies shall ensure that the results of the periodic evaluations described under subparagraph (A) are— (i)used to refine, improve, and strengthen the program or activity, and to refine locally determined criteria described under paragraph (1)(B); and (ii)made available to the public and the State. (3)

Prohibition

Nothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to mandate, direct, or control, the principles of effectiveness developed or utilized by a local educational agency under this subsection. (c)

Parental consent

(1)

In general

Each local educational agency receiving a subgrant under this part shall obtain prior written, informed consent from the parent of each child who is under 18 years of age to participate in any mental-health assessment service or treatment that is funded under this part and conducted in connection with an elementary school or secondary school under this part. (2)

Exception

Notwithstanding paragraph (1), the written, informed consent described in such paragraph shall not be required in— (A)an emergency, where it is necessary to protect the immediate health and safety of the student, other students, or school personnel; or (B)other instances where parental consent cannot be reasonably obtained, as defined by the Secretary. (d)

Privacy

Each local educational agency receiving a subgrant under this part shall ensure that student mental health records are accorded the privacy protections provided under section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the Family Educational Rights and Privacy Act of 1974).

4106.

Supplement, not supplant

Funds made available under this part shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities authorized under this part.

4107.

Prohibitions

(a)

Prohibited use of funds

No funds under this part may be used for— (1)construction; or (2)medical services or drug treatment or rehabilitation, except for integrated student supports or referral to treatment for impacted students, which may include students who are victims of, or witnesses to, crime or who illegally use drugs. (b)

Prohibition on mandatory medication

No child shall be required to obtain a prescription for a substance covered by the Controlled Substances Act (21 U.S.C. 801 et seq.) as a condition of receiving an evaluation, services, or attending a school receiving assistance under this part.

4108.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.

.

4003.

21st century community learning centers

(a)

Program authorized

Part B of title IV (20 U.S.C. 7171 et seq.) is amended to read as follows: B

21st century community learning centers

4201.

Purpose; definitions

(a)

Purpose

The purpose of this part is to provide opportunities for communities to establish or expand activities in community learning centers that— (1)provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, to meet challenging State academic standards described in section 1111(b)(1); (2)offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, art, music, physical fitness and wellness programs, technology education programs, financial literacy programs, environmental literacy programs, mathematics, science, career and technical programs, internship or apprenticeship programs, and other ties to an in-demand industry sector or occupation for high school students that are designed to reinforce and complement the regular academic program of participating students; and (3)offer families of students served by community learning centers opportunities for active and meaningful engagement in their children’s education, including opportunities for literacy and related educational development. (b)

Definitions

In this part: (1)

Community learning center

The term community learning center means an entity that— (A)assists students to meet challenging State academic standards described in section 1111(b)(1) by providing the students with academic enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)(2)) during nonschool hours or periods when school is not in session (such as before and after school or during summer recess) that— (i)reinforce and complement the regular academic programs of the schools attended by the students served; and (ii)are targeted to the students’ academic needs and aligned with the instruction students receive during the school day; and (B)offers families of students served by such center opportunities for literacy, and related educational development and opportunities for active and meaningful engagement in their children’s education. (2)

Covered program

The term covered program means a program for which — (A)the Secretary made a grant under part B of title IV (as such part was in effect on the day before the date of enactment of the Every Child Achieves Act of 2015); and (B)the grant period had not ended on that date of enactment. (3)

Eligible entity

The term eligible entity means a local educational agency, community-based organization, Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act (25 U.S.C. 450b)), another public or private entity, or a consortium of 2 or more such agencies, organizations, or entities. (4)

External organization

The term external organization means— (A)a nonprofit organization with a record of success in running or working with after school programs; or (B)in the case of a community where there is no such organization, a nonprofit organization in the community that enters into a formal agreement or partnership with an organization described in subparagraph (A) to receive mentoring and guidance. (5)

Rigorous peer-review process

The term rigorous peer-review process means a process by which— (A)employees of a State educational agency who are familiar with the 21st century community learning center program under this part review all applications that the State receives for awards under this part for completeness and applicant eligibility; (B)the State educational agency selects peer reviewers for such applications, who shall— (i)be selected for their expertise in providing effective academic, enrichment, youth development, and related services to children; and (ii)not include any applicant, or representative of an applicant, that has submitted an application under this part for the current application period; and (C)the peer reviewers described in subparagraph (B) review and rate the applications to determine the extent to which the applications meet the requirements under sections 4204(b) and 4205. (6)

State

The term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.

4202.

Allotments to states

(a)

Reservation

From the funds appropriated under section 4206 for any fiscal year, the Secretary shall reserve— (1)such amounts as may be necessary to make continuation awards to grant recipients under covered programs (under the terms of those grants); (2)not more than 1 percent for national activities, which the Secretary may carry out directly or through grants and contracts, such as providing technical assistance to eligible entities carrying out programs under this part or conducting a national evaluation; and (3)not more than 1 percent for payments to the outlying areas and the Bureau of Indian Affairs, to be allotted in accordance with their respective needs for assistance under this part, as determined by the Secretary, to enable the outlying areas and the Bureau to carry out the purpose of this part. (b)

State allotments

(1)

Determination

From the funds appropriated under section 4206 for any fiscal year and remaining after the Secretary makes reservations under subsection (a), the Secretary shall allot to each State for the fiscal year an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of title I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year, except that no State shall receive less than an amount equal to one-half of 1 percent of the total amount made available to all States under this subsection. (2)

Reallotment of unused funds

If a State does not receive an allotment under this part for a fiscal year, the Secretary shall reallot the amount of the State's allotment to the remaining States in accordance with this part. (c)

State use of funds

(1)

In general

Each State that receives an allotment under this part shall reserve not less than 93 percent of the amount allotted to such State under subsection (b), for each fiscal year for awards to eligible entities under section 4204. (2)

State administration

A State educational agency may use not more than 2 percent of the amount made available to the State under subsection (b) for— (A)the administrative costs of carrying out its responsibilities under this part; (B)establishing and implementing a rigorous peer-review process for subgrant applications described in section 4204(b) (including consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities); and (C)awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities). (3)

State activities

A State educational agency may use not more than 5 percent of the amount made available to the State under subsection (b) for the following activities: (A)Monitoring and evaluation of programs and activities assisted under this part. (B)Providing capacity building, training, and technical assistance under this part. (C)Comprehensive evaluation (directly, or through a grant or contract) of the effectiveness of programs and activities assisted under this part. (D)Providing training and technical assistance to eligible entities that are applicants for or recipients of awards under this part. (E)Ensuring that any eligible entity that receives an award under this part from the State aligns the activities provided by the program with State academic standards. (F)Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. (G)Working with teachers, principals, parents, the local workforce, the local community, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs under this part. (H)Coordinating funds received under this part with other Federal and State funds to implement high-quality programs. (I)Providing a list of prescreened external organizations, as described in section 4203(a)(11).

4203.

State application

(a)

In general

In order to receive an allotment under section 4202 for any fiscal year, a State shall submit to the Secretary, at such time as the Secretary may require, an application that— (1)designates the State educational agency as the agency responsible for the administration and supervision of programs assisted under this part; (2)describes how the State educational agency will use funds received under this part, including funds reserved for State-level activities; (3)contains an assurance that the State educational agency— (A)will make awards under this part to eligible entities that serve students who primarily attend schools that have been identified under section 1114(a)(1)(A) and other schools determined by the local educational agency to be in need of intervention and support and the families of such students; and (B)will further give priority to eligible entities that propose in the application to serve students described in subclauses (I) and (II) of section 4204(i)(1)(A)(i); (4)describes the procedures and criteria the State educational agency will use for reviewing applications and awarding funds to eligible entities on a competitive basis, which shall include procedures and criteria that take into consideration the likelihood that a proposed community learning center will help participating students meet State and local content and student academic achievement standards; (5)describes how the State educational agency will ensure that awards made under this part are— (A)of sufficient size and scope to support high-quality, effective programs that are consistent with the purpose of this part; and (B)in amounts that are consistent with section 4204(h); (6)describes the steps the State educational agency will take to ensure that programs implement effective strategies, including providing ongoing technical assistance and training, evaluation, dissemination of promising practices, and coordination of professional development for staff in specific content areas as well as youth development; (7)describes how programs under this part will be coordinated with programs under this Act, and other programs as appropriate; (8)contains an assurance that the State educational agency— (A)will make awards for programs for a period of not less than 3 years and not more than 5 years; and (B)will require each eligible entity seeking such an award to submit a plan describing how the activities to be funded through the award will continue after funding under this part ends; (9)contains an assurance that funds appropriated to carry out this part will be used to supplement, and not supplant, other Federal, State, and local public funds expended to provide programs and activities authorized under this part and other similar programs; (10)contains an assurance that the State educational agency will require eligible entities to describe in their applications under section 4204(b) how the transportation needs of participating students will be addressed; (11)describes how the State will prescreen external organizations that could provide assistance in carrying out the activities under this part, and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process; (12)provides— (A)an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before- and after-school (or summer school) programs, the heads of the State health and mental health agencies or their designees, statewide after-school networks (where applicable) and representatives of teachers, local educational agencies, and community-based organizations; and (B)a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable; (13)describes the results of the State's needs and resources assessment for before- and after-school activities, which shall be based on the results of on-going State evaluation activities; (14)describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum— (A)a description of the performance indicators and performance measures that will be used to evaluate programs and activities with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that— (i)are able to track student success and improvement over time; (ii)include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, and on-time advancement to the next grade level; and (iii)for high school students, may include indicators such as career competencies, successful completion of internships or apprenticeships, or work-based learning opportunities; (B)a description of how data collected for the purposes of subparagraph (A) will be collected; and (C)public dissemination of the evaluations of programs and activities carried out under this part; and (15)provides for timely public notice of intent to file an application and an assurance that the application will be available for public review after submission. (b)

Deemed approval

An application submitted by a State educational agency pursuant to subsection (a) shall be deemed to be approved by the Secretary unless the Secretary makes a written determination, prior to the expiration of the 120-day period beginning on the date on which the Secretary received the application, that the application is not in compliance with this part. (c)

Disapproval

The Secretary shall not finally disapprove the application, except after giving the State educational agency notice and an opportunity for a hearing. (d)

Notification

If the Secretary finds that the application is not in compliance, in whole or in part, with this part, the Secretary shall— (1)give the State educational agency notice and an opportunity for a hearing; and (2)notify the State educational agency of the finding of noncompliance and, in such notification— (A)cite the specific provisions in the application that are not in compliance; and (B)request additional information, only as to the noncompliant provisions, needed to make the application compliant. (e)

Response

If the State educational agency responds to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, and resubmits the application with the requested information described in subsection (d)(2)(B), the Secretary shall approve or disapprove such application prior to the later of— (1)the expiration of the 45-day period beginning on the date on which the application is resubmitted; or (2)the expiration of the 120-day period described in subsection (b). (f)

Failure To Respond

If the State educational agency does not respond to the Secretary's notification described in subsection (d)(2) during the 45-day period beginning on the date on which the agency received the notification, such application shall be deemed to be disapproved. (g)

Limitation

The Secretary may not impose a priority or preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day.

4204.

Local competitive subgrant program

(a)

In General

(1)

Community learning centers

A State that receives funds under this part for a fiscal year shall provide the amount made available under section 4202(c)(1) to award subgrants to eligible entities for community learning centers in accordance with this part. (2)

Expanded learning program activities

A State that receives funds under this part for a fiscal year may also use funds under section 4202(c)(1) to support those enrichment and engaging academic activities described in section 4205(a) that— (A)are included as part of an expanded learning program that provide students at least 300 additional program hours before, during, or after the traditional school day; (B)supplement but do not supplant school day requirements; and (C)are awarded to entities that meet the requirements of subsection (i). (b)

Application

(1)

In general

To be eligible to receive a subgrant under this part, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and including such information as the State educational agency may reasonably require. (2)

Contents

Each application submitted under paragraph (1) shall include— (A)a description of the activities to be funded, including— (i)an assurance that the program will take place in a safe and easily accessible facility; (ii)a description of how students participating in the program carried out by the community learning center will travel safely to and from the center and home, if applicable; and (iii)a description of how the eligible entity will disseminate information about the community learning center (including its location) to the community in a manner that is understandable and accessible; (B)a description of how such activities are expected to improve student academic achievement as well as overall student success; (C)a demonstration of how the proposed program will coordinate Federal, State, and local programs and make the most effective use of public resources; (D)an assurance that the proposed program was developed and will be carried out— (i)in active collaboration with the schools the students attend (including through the sharing of relevant student data among the schools), all participants in the eligible entity, and any partnership entities described in subparagraph (H), while complying with applicable laws relating to privacy and confidentiality; and (ii)in alignment with State and local content and student academic achievement standards; (E)a description of how the activities will meet the measures of effectiveness described in section 4205(b); (F)an assurance that the program will target students who primarily attend schools eligible for schoolwide programs under section 1113(b) and the families of such students; (G)an assurance that subgrant funds under this part will be used to increase the level of State, local, and other non-Federal funds that would, in the absence of funds under this part, be made available for programs and activities authorized under this part, and in no case supplant Federal, State, local, or non-Federal funds; (H)a description of the partnership between a local educational agency, a community-based organization, and another public entity or private entity, if appropriate; (I)an evaluation of the community needs and available resources for the community learning center and a description of how the program proposed to be carried out in the center will address those needs (including the needs of working families); (J)a demonstration that the eligible entity will use best practices, including research or evidence-based practices, to provide educational and related activities that will complement and enhance academic performance, achievement, postsecondary and workforce preparation, and positive youth development of the students; (K)a description of a preliminary plan for how the community learning center will continue after funding under this part ends; (L)an assurance that the community will be given notice of an intent to submit an application and that the application and any waiver request will be available for public review after submission of the application; (M)if the eligible entity plans to use volunteers in activities carried out through the community learning center, a description of how the eligible entity will encourage and use appropriately qualified persons to serve as the volunteers; and (N)such other information and assurances as the State educational agency may reasonably require. (c)

Approval of certain applications

The State educational agency may approve an application under this part for a program to be located in a facility other than an elementary school or secondary school only if the program will be at least as available and accessible to the students to be served as if the program were located in an elementary school or secondary school. (d)

Permissive local match

(1)

In general

A State educational agency may require an eligible entity to match subgrant funds awarded under this part, except that such match may not exceed the amount of the subgrant and may not be derived from other Federal or State funds. (2)

Sliding scale

The amount of a match under paragraph (1) shall be established based on a sliding scale that takes into account— (A)the relative poverty of the population to be targeted by the eligible entity; and (B)the ability of the eligible entity to obtain such matching funds. (3)

In-kind contributions

Each State educational agency that requires an eligible entity to match funds under this subsection shall permit the eligible entity to provide all or any portion of such match in the form of in-kind contributions. (4)

Consideration

Notwithstanding this subsection, a State educational agency shall not consider an eligible entity's ability to match funds when determining which eligible entities will receive subgrants under this part. (e)

Peer review

In reviewing local applications under this part, a State educational agency shall use a rigorous peer-review process or other methods of ensuring the quality of such applications. (f)

Geographic diversity

To the extent practicable, a State educational agency shall distribute subgrant funds under this part equitably among geographic areas within the State, including urban and rural communities. (g)

Duration of awards

Subgrants under this part shall be awarded for a period of not less than 3 years and not more than 5 years. (h)

Amount of awards

A subgrant awarded under this part may not be made in an amount that is less than $50,000. (i)

Priority

(1)

In general

In awarding subgrants under this part, a State educational agency shall give priority to applications— (A)proposing to target services to— (i)students who primarily attend schools that— (I)have been identified under section 1114(a) and other schools determined by the local educational agency to be in need of intervention and support to improve student academic achievement and other outcomes; and (II)enroll students who may be at risk for academic failure, dropping out of school, involvement in criminal or delinquent activities, or who lack strong positive role models; and (ii)the families of students described in clause (i); (B)submitted jointly by eligible entities consisting of not less than 1— (i)local educational agency receiving funds under part A of title I; and (ii)another eligible entity; and (C)demonstrating that the activities proposed in the application— (i)are, as of the date of the submission of the application, not accessible to students who would be served; or (ii)would expand accessibility to high-quality services that may be available in the community. (2)

Special rule

The State educational agency shall provide the same priority under paragraph (1) to an application submitted by a local educational agency if the local educational agency demonstrates that it is unable to partner with a community-based organization in reasonable geographic proximity and of sufficient quality to meet the requirements of this part. (3)

Limitation

A State educational agency may not impose a priority or preference for eligible entities that seek to use funds made available under this part to extend the regular school day. (j)

Renewability of awards

A State educational agency may renew a subgrant provided under this part to an eligible entity, based on the eligible entity’s performance during the original subgrant period.

4205.

Local activities

(a)

Authorized activities

Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of activities that advance student academic achievement and support student success, including— (1)academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services, that are aligned with— (A)State and local content and student academic achievement standards; and (B)local curricula that are designed to improve student academic achievement; (2)core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; (3)literacy education programs, including financial literacy programs and environmental literacy programs; (4)programs that support a healthy, active lifestyle, including nutritional education and regular, structured physical activity programs; (5)services for individuals with disabilities; (6)programs that provide after-school activities for students who are English learners that emphasize language skills and academic achievement; (7)cultural programs; (8)telecommunications and technology education programs; (9)expanded library service hours; (10)parenting skills programs that promote parental involvement and family literacy; (11)programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; (12)drug and violence prevention programs and counseling programs; (13)programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as STEM) and that foster innovation in learning by supporting nontraditional STEM education teaching methods; and (14)programs that partner with in-demand fields of the local workforce or build career competencies and career readiness and ensure that local workforce and career readiness skills are aligned with the Carl D. Perkins Career and Technical Education Act of 2006 and the Workforce Innovation and Opportunity Act. (b)

Measures of effectiveness

(1)

In general

For a program or activity developed pursuant to this part to meet the measures of effectiveness, monitored by the State educational agency as described in section 4203(a)(14), such program or activity shall— (A)be based upon an assessment of objective data regarding the need for before- and after-school programs (including during summer recess periods) and activities in the schools and communities; (B)be based upon an established set of performance measures aimed at ensuring the availability of high-quality academic enrichment opportunities; (C)if appropriate, be based upon evidence-based research that the program or activity will help students meet the State and local student academic achievement standards; (D)ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students and include performance indicators and measures described in section 4203(a)(14)(A); and (E)collect the data necessary for the measures of student success described in subparagraph (D). (2)

Periodic evaluation

(A)

In general

The program or activity shall undergo a periodic evaluation in conjunction with the State educational agency’s overall evaluation plan as described in section 4203(a)(14), to assess the program's progress toward achieving the goal of providing high-quality opportunities for academic enrichment and overall student success. (B)

Use of results

The results of evaluations under subparagraph (A) shall be— (i)used to refine, improve, and strengthen the program or activity, and to refine the performance measures; (ii)made available to the public upon request, with public notice of such availability provided; and (iii)used by the State to determine whether a subgrant is eligible to be renewed under section 4204(j).

4206.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.

. (b)

Transition

The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award.

4004.

Elementary school and secondary school counseling programs

Title IV (20 U.S.C. 7101 et seq.), as amended by section 4001, is further amended by inserting after part B the following: C

Elementary school and secondary school counseling programs

4301.

Elementary school and secondary school counseling programs

(a)

Grants authorized

(1)

In general

The Secretary is authorized to award grants to eligible entities to enable such agencies to establish or expand elementary school and secondary school counseling programs that comply with the requirements of subsection (c). (2)

Special consideration

In awarding grants under this section, the Secretary shall— (A)give special consideration to applications describing programs that— (i)demonstrate the greatest need for new or additional counseling services among children in the schools served by the eligible entity, in part by providing information on current ratios, as of the date of application for a grant under this section, of students to school counselors, students to school social workers, and students to school psychologists; (ii)propose promising and innovative approaches for initiating or expanding school counseling; and (iii)show strong potential for replication and dissemination; and (B)give priority to— (i)schools that serve students in rural and remote areas; (ii)schools in need of intervention and support and schools that are the persistently lowest-achieving schools; or (iii)schools with a high percentage of students aged 5 through 17 who— (I)are in poverty, as counted in the most recent census data approved by the Secretary; (II)are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (III)are in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or (IV)are eligible to receive medical assistance under the Medicaid program. (3)

Equitable distribution

In awarding grants under this section, the Secretary shall ensure an equitable geographic distribution among the regions of the United States and among eligible entities located in urban, rural, and suburban areas. (4)

Duration

A grant under this section shall be awarded for a period not to exceed 3 years. (5)

Maximum grant

A grant awarded under this section shall not exceed $400,000 for any fiscal year. (b)

Applications

(1)

In general

Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2)

Contents

Each application for a grant under this section shall— (A)describe the school population to be targeted by the program, the particular counseling needs of such population, and the current school counseling resources available for meeting such needs; (B)include the information described in subparagraphs (B) through (D) of section 4104(b)(4), with respect to the grant under this part; (C)document that the eligible entity has personnel qualified to develop, implement, and administer the program; and (D)document how the eligible entity will engage in meaningful consultation with parents and families in the development of such program. (c)

Use of funds

Each eligible entity receiving a grant under this part shall use grant funds to develop, implement, and evaluate comprehensive, evidence-based, school counseling programs through activities that incorporate evidence-based practices, such as— (1)the implementation of a comprehensive school counseling program to meet the counseling and educational needs of all students; (2)increasing the range, availability, quantity, and quality of counseling services, provided by qualified school counselors, school psychologists, school social workers, and other qualified school-based mental health services providers, in the elementary schools and secondary schools of the eligible entity; (3)the implementation of innovative approaches to increase children’s understanding of peer and family relationships, peer and family interaction, work and self, decisionmaking, or academic and career planning; (4)the implementation of academic, postsecondary education and career planning programs; (5)the initiation of partnerships with community groups, social service agencies, or other public or private non-profit entities in collaborative efforts to enhance the program and promote school-linked integration of services, as long as the eligible entity documents how such partnership supplements, not supplants, existing school-employed school-based mental health services providers and services, in accordance with subsection (f); (6)the implementation of a team approach to school counseling in the schools served by the eligible entity by working toward ratios of school counselors, school social workers, and school psychologists to students recommended to enable such personnel to effectively address the needs of students; and (7)any other activity determined necessary by the eligible entity that meets the purpose of this part. (d)

Limitation on administrative costs

Not more than 4 percent of the amounts made available under this section for any fiscal year may be used for administrative costs to carry out this section. (e)

Report

Not later than 2 years after assistance is made available to eligible entities under subsection (a), the Secretary shall make publicly available a report— (1)evaluating the programs assisted pursuant to each grant under this section; and (2)outlining the information from eligible entities regarding the ratios of students to— (A)school counselors; (B)school social workers; and (C)school psychologists. (f)

Supplement, not supplant

Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, or local funds used for providing school-based counseling and mental health services to students. (g)

Definitions

In this section: (1)

Eligible entity

The term eligible entity means— (A)a local educational agency; (B)an educational service agency serving more than 1 local educational agency; or (C)a consortium of local educational agencies. (2)

School-based mental health services provider

The term school-based mental health services provider has the meaning given the term in section 4102. (3)

School counselor

The term school counselor means an individual who meets the criteria for licensure or certification as a school counselor in the State where the individual is employed. (4)

School psychologist

The term school psychologist means an individual who is licensed or certified in school psychology by the State in which the individual is employed. (5)

School social worker

The term school social worker means an individual who is licensed or certified as a school social worker for the State in which the individual is employed. (h)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2016 through 2021.

.

4005.

Physical education program

Title IV (20 U.S.C. 7101 et seq.), as amended by sections 4001 and 4004, is further amended by adding at the end the following: D

Physical education program

4401.

Purpose

The purpose of this part is to award grants and contracts to initiate, expand, and improve physical education programs for all students in kindergarten through grade 12.

4402.

Program authorized

(a)

Authorization

From amounts made available to carry out this part, the Secretary is authorized to award grants or contracts to local educational agencies and community-based organizations to pay the Federal share of the costs of initiating, expanding, and improving physical education programs (including after-school programs) for students in kindergarten through grade 12, by— (1)providing materials and support to enable students to participate actively in physical education activities; and (2)providing funds for staff and teacher training and education relating to physical education. (b)

Program elements

A physical education program that receives assistance under this part may provide for 1 or more of the following: (1)Fitness education and assessment to help students understand, improve, or maintain their physical well-being. (2)Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student. (3)Development of, and instruction in, cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle. (4)Opportunities to develop positive social and cooperative skills through physical activity participation. (5)Instruction in healthy eating habits and good nutrition. (6)Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. (c)

Special rule

For purposes of this part, extracurricular activities, such as team sports and Reserve Officers' Training Corps program activities, shall not be considered as part of the curriculum of a physical education program assisted under this part.

4403.

Applications

(a)

Submission

Each local educational agency or community-based organization desiring a grant or contract under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in order to make progress toward meeting State standards for physical education. (b)

Private school and home-schooled students

An application for a grant or contract under this part may provide for the participation, in the activities funded under this part, of— (1)students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or (2)home-schooled students, and their parents and teachers.

4404.

Requirements

(a)

Annual report to the Secretary

In order to continue receiving funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency or community-based organization shall submit to the Secretary an annual report that— (1)describes the activities conducted during the preceding year; and (2)demonstrates that progress has been made toward meeting State standards for physical education. (b)

Administrative expenses

Not more than 5 percent of the funds made available under this part to a local educational agency or community-based organization for any fiscal year may be used for administrative expenses.

4405.

Administrative provisions

(a)

Federal share

The Federal share under this part may not exceed— (1)90 percent of the total cost of a program for the first year for which the program receives assistance under this part; and (2)75 percent of such cost for the second and each subsequent such year. (b)

Proportionality

To the extent practicable, the Secretary shall ensure that grants awarded under this part are equitably distributed among local educational agencies, and community-based organizations, serving urban and rural areas. (c)

Report to Congress

Not later than June 1, 2017, the Secretary shall submit a report to Congress that— (1)describes the programs assisted under this part; (2)documents the success of such programs in improving physical fitness; and (3)makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. (d)

Availability of funds

Amounts made available to the Secretary to carry out this part shall remain available until expended.

4406.

Supplement, not supplant

Funds made available under this part shall be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities.

4407.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for each of fiscal years 2016 through 2021.

.

4006.

Family Engagement in Education Programs

Title IV (20 U.S.C. 7101 et seq.), as amended by sections 4001, 4004, and 4005, is further amended by adding at the end the following: E

Family Engagement in Education Programs

4501.

Purposes

The purposes of this part are the following: (1)To provide financial support to organizations to provide technical assistance and training to State and local educational agencies in the implementation and enhancement of systemic and effective family engagement policies, programs, and activities that lead to improvements in student development and academic achievement. (2)To assist State educational agencies, local educational agencies, community-based organizations, schools, and educators in strengthening partnerships among parents, teachers, school leaders, administrators, and other school personnel in meeting the educational needs of children and fostering greater parental engagement. (3)To support State educational agencies, local educational agencies, schools, educators, and parents in developing and strengthening the relationship between parents and their children’s school in order to further the developmental progress of children. (4)To coordinate activities funded under this subpart with parent involvement initiatives funded under section 1115 and other provisions of this Act. (5)To assist the Secretary, State educational agencies, and local educational agencies in the coordination and integration of Federal, State, and local services and programs to engage families in education.

4502.

Grants authorized

(a)

Statewide family engagement centers

From the amount appropriated under section 4506, the Secretary is authorized to award grants for each fiscal year to statewide organizations (or consortia of such organizations), to establish Statewide Family Engagement Centers that provide comprehensive training and technical assistance to State educational agencies, local educational agencies, schools identified by State educational agencies and local educational agencies, organizations that support family-school partnerships, and other organizations that carry out, or carry out directly, parent education and family engagement in education programs. (b)

Minimum award

In awarding grants under this section, the Secretary shall, to the extent practicable, ensure that a grant is awarded for a Statewide Family Engagement Center in an amount not less than $500,000.

4503.

Applications

(a)

Submissions

Each statewide organization, or a consortium of such organizations, that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and including the information described in subsection (b). (b)

Contents

Each application submitted under subsection (a) shall include, at a minimum, the following: (1)A description of the applicant’s approach to family engagement in education. (2)A description of the support that the Statewide Family Engagement Center that will be operated by the applicant will have from the State educational agency and any partner organization outlining the commitment to work with the center. (3)A description of the applicant’s plan for building a statewide infrastructure for family engagement in education, that includes— (A)management and governance; (B)statewide leadership; or (C)systemic services for family engagement in education. (4)A description of the applicant’s demonstrated experience in providing training, information, and support to State educational agencies, local educational agencies, schools, educators, parents, and organizations on family engagement in education policies and practices that are effective for parents (including low-income parents) and families, English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students, including evaluation results, reporting, or other data exhibiting such demonstrated experience. (5)A description of the steps the applicant will take to target services to low-income students and parents. (6)An assurance that the applicant will— (A)establish a special advisory committee, the membership of which includes— (i)parents, who shall constitute a majority of the members of the special advisory committee; (ii)representatives of education professionals with expertise in improving services for disadvantaged children; (iii)representatives of local elementary schools and secondary schools, including students; (iv)representatives of the business community; and (v)representatives of State educational agencies and local educational agencies; (B)use not less than 65 percent of the funds received under this part in each fiscal year to serve local educational agencies, schools, and community-based organizations that serve high concentrations of disadvantaged students, including English learners, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, and parents of migratory students; (C)operate a Statewide Family Engagement Center of sufficient size, scope, and quality to ensure that the Center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (D)ensure that the Statewide Family Engagement Center will retain staff with the requisite training and experience to serve parents in the State; (E)serve urban, suburban, and rural local educational agencies and schools; (F)work with— (i)other Statewide Family Engagement Centers assisted under this subpart; and (ii)parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; (G)use not less than 30 percent of the funds received under this part for each fiscal year to establish or expand technical assistance for evidence-based parent education programs; (H)provide assistance to State educational agencies and local educational agencies and community-based organizations that support family members in supporting student academic achievement; (I)work with State educational agencies, local educational agencies, schools, educators, and parents to determine parental needs and the best means for delivery of services to address such needs; (J)conduct sufficient outreach to assist parents, including parents who the applicant may have a difficult time engaging with a school or local educational agency; and (K)conduct outreach to low-income students and parents, including low-income students and parents who are not proficient in English.

4504.

Uses of funds

(a)

In general

Grantees shall use grant funds received under this part, based on the needs determined under section 4503, to provide training and technical assistance to State educational agencies, local educational agencies, and organizations that support family-school partnerships, and activities, services, and training for local educational agencies, school leaders, educators, and parents— (1)to assist parents in participating effectively in their children’s education and to help their children meet State standards, such as assisting parents— (A)to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; (B)to communicate effectively with their children, teachers, school leaders, counselors, administrators, and other school personnel; (C)to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D)to participate in the design and provision of assistance to students who are not making academic progress; (E)to participate in State and local decisionmaking; (F)to train other parents; and (G)to help the parents learn and use technology applied in their children's education; (2)to develop and implement, in partnership with the State educational agency, statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; and (3)to develop and implement parental involvement policies under this Act. (b)

Matching funds for grant renewal

For each fiscal year after the first fiscal year for which an organization or consortium receives assistance under this section, the organization or consortium shall demonstrate in the application that a portion of the services provided by the organization or consortium is supported through non-Federal contributions, which may be in cash or in-kind. (c)

Technical assistance

The Secretary shall reserve not more than 2 percent of the funds appropriated under section 4506 to carry out this part to provide technical assistance, by competitive grant or contract, for the establishment, development, and coordination of Statewide Family Engagement Centers. (d)

Rule of construction

Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— (1)having its employees or agents meet with a parent at a site that is not on school grounds; or (2)working with another agency that serves children. (e)

Parental rights

Notwithstanding any other provision of this section— (1)no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2)no program or center assisted under this section shall take any action that infringes in any manner on the right of parents to direct the education of their children.

4505.

Family engagement in Indian schools

The Secretary of the Interior, in consultation with the Secretary of Education, shall establish, or enter into contracts and cooperative agreements with local tribes, tribal organizations, or Indian nonprofit parent organizations to establish and operate Family Engagement Centers.

4506.

Authorization of appropriations

There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal years 2016 through 2021.’’.

Passed the Senate July 16, 2015.Secretary